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HomeMy WebLinkAboutEC11-106 - Original - Associated Business Systems - ECD Large Format Scanner - 04/01/2010 Records M at�� �ge me KENT Document W,13HINGTON T�S CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact City Clerks Office. Vendor Name: 6ks tuber: �5'a�� / JD Edwards Number Contract Number: �C/ l0 6 This is assigned by Deputy City Clerk C t- d(; Description: C C Detail: Project Name: Contract Effective Date: © Termination Date: a� Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: 'k, P" Department: Abstract: S Public\RecordsManagement\Forms\ConiractCover\ADCL7832 07/02 4Associated Portland-Salem-Eugene -Roseburg Seattle - Tacoma- Klamath Falls MoonGrants Pass-Medford-Send- Spokane Fanatics/About Service MAINTENANCE AGREEMENT customs PO t AN Cuotama r Customer Ship To. CITY OF KENT Customer Name Customer Name 400 W GOWE N3W Street Address Street Address KENT WA 98072 City state Zip city State Zip 253-856-4606 253-856-4735 Phone Fax. Phone Fax JIM McKENNEY Customer Contact Customer Contact Imckenney@ci kent wa.us Email Address Email Address Maintenance Agreement Coverage. For an annual,quarterly or monthly base charge plus overage charge.If any,ABS'factory trained personnel will ranter service an ors below,Rated squip ant during regular business hours in accordance with the terms and conditions set forth on the frond and reverse side of this Agreement t MODEL SERIAL NUMBER Service ID Start Meter Image Base Charge Overage Charge Allowance (Per image) MPW 5100 1 1000 LF $721MO $.072 LF/MO Color Metal Aflowance 0 $ _ $ Comments 2) Base Charge and Overage Billing Cycle Agreement Term: Consurnables Cove"ge: as"SA V-solod one Option OYerage isong in Am Tenn-sawd ow opsai Search Nat Appy r Quarterly Base Billing select om option (` 60 Months �" BLACK Toiler Inciusue Coverage • Amnft Blase Billing C Q,artery r 48 Mcn tLs G BiACKTcner NCN-li-clusnre Coverage • Annual Base Billing r mx" r 39 ways r mLmToner irdusfve Coverage • Clhs r r othier 12 0CCLCRToner f CN-Inclusive Coverage �' Cther G Dun hdusnreCbverage Lj Customer Agrees to pay on additional L bor$19 95 per rrn-si per machine for initial Network Install and C NON-Drum Inclusive Coverage unlimited IT Borneo Lobar IT Service Labor covers on-site and phone support for the equipment covered under this Agreement IT Service Labor and Network Installs are conducted in accordance with the Terms and Conditions set forth in this Agreement and stated herein and on the reverse aide herself Agreement start Da Customer agrees to pay$39 95 per month for Customer agrees to pay for automated -� `.,� rr•9 �RemoteT"'automatic meta collection services Up meter collecion services per device $0 99 per •,/�/ pG(J (1 to 100 device motors collected at no additional fee device wtll be charged per billing cycle Agreed nranara r.v total number of device meters to be collected Agreed total fee d This Maintenance Agreement is non-refundable,non-transferable and non-cancelable This Agreement shall not be effective yassill by customer ted Business System• ntrar5f nagement CuetO r Accepts ce aIi B las epresen Branch Signature Data Accepted By ABS Contract Management Data Pillilled Name aaYe rue and undeNand our Ms M caner the bans Md amGtleu SMee herNn N en err panne o0 r244-e ',6'd•^' Fax 50-21410" 6-,'-505-0200 ramu aide hereot u the ONY ayraemee pwlaainp la the agmpmen Weunder Nil slot,Agrosm apply unless eapraaeY noted on tlnr law of Wa Paraamenl o��n aner co,.a,rpaeldae. vrww assoaatedbusmess coin MAINTENANCE AGREEMENT a,q,O- I era s a^ s ,- I I GEIERAL SCOPE OF LOVERAGE This Agreement wvms for ad)usunerts repair and 10 TERM Thai Agreement becomes affective upon the date mdt¢ted ur the Agreement Stan replacements of parts as required by normal use of the Equipment,subject to the exceptions in and Date"space thereon and shall continue for the pined r speafied mi the face of this Agreement in accordance with these terms and conditions This Agreement does not cover charges for Unless Customer furnishes ABS with thirty(30)days Advance wnnm aonficauen of their desire w installation of equipment or de-msmllaum of Egmpmeal If q is moved Dammge w the equipment cancel this AyRcemem a corn wtomatically reaewed foe a pencil of we veu once The Specified warm or its pans arising mat of or caused by misuse 91huse neghgen¢ attachment of unauthcnzed has been exceeded components accessories or pans use of substandard paper or substandard supplies Or other causes beyond the control of ABS are at i..,..d by this Agreement and may subject Customer 11 kyEerr OF DEFAULT AND IERMINATIOR I he occurrence of Use following shall constiule an to a surrLerge or to cancellation or this Agreement ld addition ABS may terminate the Event at Deli all the customer tads to pay any portion of the charges for nmrnt n e of parts as Agreement if the equipment is modified,damaged altered w rrvced by parsannal other than the provided under the Agreement when due or Customs fads to duly perform any coversea,condition ABS Aothorrzed Personnel or if parts accessones or components not meeting machine of himmuon of this Agreement Upon the Event of Default ABS may (I)refuse to service the spmfcmous ere fitted to the equipment This Agteemmt does not cover charges for repairs to equipment (it)funush service m C O D Per Cal basis based upon published rues in effect at the Pent controllers or repairs due to CUSI=W or third party modifications or software Or hardware time of service,(m)minnor s,this Agreement Within 60 days of the expiration or termination of this Agreement.ABS shal'submit to Customer an itemized invoice for Any fees of expenses including 2 Saxncit CALLte Senate calls under this Agreement will be made during normal business any Far Call fees,theretofore accrued under this Agreement Except r otherwise provided beran hours 8 a in w 5 Pm Mondry thrmgu Friday at the installation address shown an the reveree Container upon payment of accrued=mat so invoiced shall thereafter base no further liability or ad,of this Agreement 'It"and labor time for warn«calls after normal business hours,on obligation to ABS whatsoever for my further fees or expenses anamg hereunder In the event ABS weakmds and m bohday;if and when av mi will be dhvgicl at die published Overtime rat. terminates the Agreement because of the brew.h of Customer ABS shall be antided w payment fin an affect at the trine the service call is made ABS Reprnanmbves will not handle disconnect Or work in progress plus reunbursernanb far out of pocket expenses repair unwtlierized anadimmis or components Customer is resparshble far disconnecting and recmnettmog unaulhoozed anschmuib or compooseus Customer hereby indamnmes and holds 12 INDEmx13V Con.shall indemnify save and hold ADS,it a affiliates officers comtota, ABS and its Represmtauves members for clamors for damages to any unauthonaed pans, shareholders,employer agenda and representatives and then Successors and assigns them(ABS components or accessories rewlung from services performed on ABS equipment Labor performed Pares)Imrmles.from and against my hahhry, loss cost,.pare o damage whasoever".and by during a semis call Includes lubncaaon and clearing of the equipment and the adjustment repair reason of my breach of dos Agreement by Customer or by reason of my injury whether to body or replacement of pans described below properly hisiness character an reputation sonarned by ABS Partner or to any Other person by arson of my act,hwaglee,otmssion or defeat[by C ustomer Customer shall defead my action to which if", 3 UM.Utrrm LT SERnCE WoR. IF THIS OPTIONAL SERVICE HAS BEEN SELECTED AND mceumuy shad apply In the event Customer furls Its defend such action ABS may do so and rrawer PAm ran By THE LVBTO IT INCLUDES,All network labor directly related to the equipment from Customer in addition all costs and expenses including Murray s fees,n«nnecuou therewith hired on this agreement "IT Services labor shall be deFirim As the fallowing relating to ABS shalt be muded to recover from Customer all costs and expenses,Including,wtthoat hmnabon, Scanning Printing, or other nerworn d functions of the equipment Banc masal network allomey s fees and rhabura mans incurred by ABS in correction with actions taken by ABS an it s metallatron(if rent included in purehoWx of equipment listed above) install nglupdan ng representatives (I)to enforce any provision of this Agreement (II)to affect my payments or slavers,adding new workstations foe neuerked functions re-installing answers connections it collecums provided for hewn (Ion to institute maintain preserve enforce and foreclose OR ABS cuwomer s network farls iroubteshmnng as a relates to enars used by the equipment Foot the secunty interest in or him on the goods whether through judicial proceedings or othemise or(rV)to cusmar s network) Services will Orly be attested after an ABS egmpment technician defend or prosceure my proceedings arising an of or relating to my ABS transactions with data..,that.network issue not the maclune itself causes the error Ary services performed Customer The foregoing provisions of this Paragraph I I shall survive the term nation or exposum onside of the limns of the definitions above(ex network consulting not related to the equipment of this Agreement move)will be csarg.ble to fire comomer at a rate of WW/hour This Optional IT Seance is Orly available for Agismmn wi at a term fast is 36 mantis or greater 13 FULL AGREEmEw This AgteEnent consortium the mom agreement between the Deaver panstmng to the subject numer hereof and sumacedes all prior agreements undennndings 4 REPAIR AND REnwCEMENT of PARTS, All perm necessary to the Operavan of the negotiamns and diswsshons,whether oral or con than of the pares and may not be added to, equmpmmt,due to named wwr and tau with the excep con of the par head below and subject modified supplemented o waved in my way except in writing signed by bolt pares(other than )a she 8ener u scope of courage,wall be famished fin of charge during a seance call included in pin mng c'rangm,provided fin heirmn) to mrntenan.service provided by this Agreement Exceptions am Phomcmduetors(,a copy drums unless the copier or fez is covered by a Full Coverege Maintenance Agreement)unless 14 SUCCESSORS A"AMCN&TERMINATION'This Agreement shall be binding on da pardr litherwhse stated in Ibis Agreement ABS reserves the right w charge for pans freight handling hereto their hens succeawts and Designs Hownw Customer may not assign this Agreement and fuel without the consent of ABS 5 RECONprTIeNpR. Rebuilding or castor mearhmis ate rim covered by this Agreement ]a 15 SEPARABTL•Ti OF PRO SIONa Each pro tsion of this Agreement shall he considered eddmoan when at its We common ABS debrmaw that It mewed scrag cos necessary r a result separable and If for any reason any provision that is rim easmual to the effacaation Of the basic of expected wear and I..of materials and age factors caused by normal offce ennronmort purposes of this Agreement is determined to be invalid and contrary to any existing or furor law usage,it order to keep the equipment in worlong condition,ABS will Submit to the Customer m such Invalidly shall not impair the operation of or affect those provisions of this Agreement thin tiro roman of needed repairs and their cost which will be m addition to the change payable under valid dwe Agreement If the Customer does not anthorim such reconditioning,ABS may discontinue service of the equipment under this Agreement(refunding the unused portion of the maintenance 16 CotN+TFnFARrs Arco FAcatsi STGNATUREs'This Agreement may be racuird in several charge) or may -efuse to renew, Ms Ali mnmt upon its expartion Thereafter the ABS counterparts each of which start be deemed to be an original and all of which logether shall Representative may make service available an a"Pr Call' bans based upon published rates in constitute one Agreement binding on all feature h nnaw notwithstanding dual all to parties have not effect at the via of asyme signed the same counterpart A faxed wgnatun of this Agreement brnng authorized Rgtumms eery be treated as an ongmal 6 USE OF ABS SUPPLIES.If the Customer uses Other than ABS supplies and d'mich supphr Me defective or uniaceptable for uses in ABS machines and¢use abnormally fsi uent sera¢ 17 WAIVER OF OURY TRIAL. ALL PARTIES jg-RET0 HEREBY IRREVOCABLY cats Or service problems,then ABS wry at its option .sass a Surcharge or mmimte this WAIVE(a)THE RIGHT TO TRIM BY JURY AND(b)Tiff RIGHT TO IN—ERPOSE ANY Agreement 1.this event,the Customer may be offered am"m a Per Cal["haws brood upon AND ALL COUNTERCLAIMS IN ANY ACTION PROCEEDING OR CLAIM ARISING OUT published takes It is no a condmon of this Agreement however that the Cuvorer use only ABS OF OR PERTAINING TO THIS AGREEMENT mthonmd supper. 18 JuRsspx�lON All partir hereby consent and voluntarily mbmrt to personal jumdie000 m 7 btaPLy INcLusrvE COrrr'RAcfs If supplies as rncWded re the seryiee provided under this the Star,of Oregon and in the courts in Rich State loarad In Washington Cormy to any promising AWm t,ABS will Supply black wow Ind and developer,unless Otherwise glared in tea mun mi ofoo mlavngwths Agreement Agreersant to the Customer based upon normal yields The Agraemmt does cot include comRrWle Supply items Such as paper and steplr Ali nortrW prior yelds me paredicated an an 19 Hold Harmler In no event shall ABS be liable far any damages whaaoaver,hrcludtng ) "8 h z 11"swam wish 3%text coverage. IF the Customer's usage o(wpphr ea¢eds the normal wrthout Ihmnation spinal,mcidenta, consesumnal or induett damages for personal injury loss of yields for the equipment being savrced ABS ill invoice and the Customer agrees to pay For the buanen pai ouwness interruption,loss of business information man&out of or inability to on sews supplies at ABS'current mail pneess,then n effect ABS reserves the right to charge for Una product ABS is nil liable for my claim made by a bird parry or made by you for a shad party wpph.faaght handling and fuel The Customer acknowledges that the seance coverage is won that the equipment may continue to pounds copies but not frectim as a printer The Customer shall be liable for these types of repairs 8 ELECTRICAL. In order to msure optimum perfoamance by thc ABS equipment II Is ucrs covered by a network connecuvhly rountmm«agreement Specifically this Agreement m mandatory thin specific models be plugged into a dedicated line and they must comply with applicable to print volume only services and excludes help desk wppon,network suppon,software manufaca firer elecma[samfivaons These power standards are required by UL and/or local application support and my other connectivity support services ,.far,rgulauccs 20 FORrE MA ME ABS shall not be table to Customer for my failure or delay cwsal by 9 CHARGES.The iraal non-refundable charge for mmat.....under this Agreement shell events beyond ABS'control hrcluding,without hmhtaLon Customer s failure to furnish necessary be the amount sot forth an the reverse wtle of this Agreement ABS reserves the right to mmrra, inforramon Silhouette,future or delays in transportation or communication boycotts,embargoes Ibis Base Change and Overage Charge of this agreement upon renew.or mnudly fin.multi-year falums or sula Wuons of equipment, labor disputes accidents, shortages of labor fuel raw agreemant Customer what pay all ha ges withut IO days of urvo crag If.colecam matter materials,machinery,or egmpment techmcal Fwlures Ere storm,Boot,earthquake,esplosmn, ,as «curs,Customer agrees to Pay court costs and my mas...his anomeys fees harvest w]1 be ofthe public enemy,war,maurreE on not,public diso-der epidanuo,quarantine restrictions cola of charged at 1 K%per..in after tarty(30)days an my unpaid balm. ABS reserves the nghd God,cots of any govemmant w any quaso-guemmental authority redmnien Orly or agency to withhold mrvme or a ncel this Agreement If a customer s...not is over nary(60)days delinquent If equipment rs moved to a new ABS nonce buntory,ABS shall have the option to 21 NO WARRANTY ABS DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED, chugs,and the Customer agrees to pay the difference m published countenance charges between INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABB ITY TECHNICAL the current temtory,End the new reactor,(on a pre-rate basis) If equipment is moved bevond COMPATABILITY, FITNESS FOR USE, OR FITNESS FOR A PARTICULAR PURPOSE ABS s serves territory ABS reserves the r ik to cancel or due Cm,stmnu agrees to pay a fair and CUSTOMER AGREES THAT ABS IS NOT RESPONSIBLE FOR DIRECT INCII3FN^AL OR ...able up-charge for cranued seance tmmg into account the distance to Customer s new CONSEQUENTIAL DAMAGES INCLUDING,BUT NOT LIMI rED TO THE LOSS OF USE OF location and the published rates of ABS for seance on a Per Cal["basis ABS reserves the right THE EQUIPMENT w charge for abrpp rig,freight handling Intl fuel ABS removes the right to charge For scans mnLally at a ran of SO 0025 per scan 22 Lvs AxNa Customer s1,11 obtain and mam(mn,et it's Own expense,msuraiice ordered to claims for Injury and/or property damage(including commercial general lability inwranae)based an its use of the ejuhpmem.goods and machinery ro'-f .dam