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Home My WebLink AboutIT14-014 - Extension - PressTek, Inc. - Digital Silver Platemaker Annual Service - 01/01/2014 O ecords M . I gemebr KEN W A9HINGTGM Document 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 Clerk's Office. Vendor Name: PressTek Vendor Number: 127831 ]D Edwards Number Contract Number: I-T I4 - O 1L+ This Is assigned by City Clerk's Office Project Name: Annual Service Agreement-Digital Silver Platemaker Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 1/01/2014 Termination Date: 12/31/2014 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mike Carrington Department: Information Technology Detail: (i.e. address, location, parcel number, tax id, etc.): Digital Sevices Platemaker Serial #49-137 S•Pu bl lc\RecordsMa nagement\Forms\ContractCover\adcc7832 1 11108 s .:1PRESSTEK . • •. • •• •. A SMARTER WAY TO PRINT City of Kent Central Services Attn: Dea Drake 220 4TH Ave S Kent, WA 980323 Re: Contract#K512674 Effective Dates: 1/1/14— 12/31/14 Equipment Covered- Digital Silver Platemaker Serial#49-137 Dear Dea We at Presstek would like to thank you for your recent purchase of a service agreement. Presstek's service agreements are designed to offer flexibility so that your business' specific requirements can be met while keeping your equipment at optimum performance. At Presstek, Inc., we know that providing you with value, commitment, security, and quality is the only successful way to do business We thank you for your business and look forward to future opportunities for Presstek to work with your organization. Below is a summary of my updated contact information should you have any questions or need anything further. Sincerely, Lauren A. Erickson Service Contract Representative 603-595-7000 x 4113 Fax: 888-425-9270 Erickson a,presstek.com 55 Executive Drive, Hudson, NH 03051 USA Tel 603 595 7000 Fax 603 594 5575 www presstek com 1 ego 00 PRESSTEK Presstek, Inc.Customer Support Agreement Equipment Location: BIN To Location: JB4891727001 JB4891727000 KENT CITY OF KENT CITY OF CENTRAL SERVICES INFORMATION TECHNOLOGY 220 4TH AVE S 220 4TH AVE S KENT, WA 98032 KENT,WA 98032 USA USA Contact:DEA DRAKE Phone:(253)856-4648 Agreement Num: K512674 Sales Rep: Lauren Erickson Billing Frequency: One Time Start Date: 1/1/2014 End Date: 2 31 2014 Contract P.O. Required:Yes P.O.#: Qp� V�1i 11 a- 09, Automatic Renewal:Yes Service Travel Zone(1-5):JB1 Initial Term (1-60 mo): 12 Line# Part# Serial# Description Support Agreement Entitlement Desc Monthly Baso Price Labor/rrvi=Covered Parts=Covered(See LTD T&C) Default Inspections=2/year 1 DPM2340 49-137 DIGITAL SILVER LM02-Digital Pre-Press Response=1 hr phone,8 hr onsite $340 05 PLATEMAKER Application Support=Covered Software Fix-Covered Basic Training=Covered Remote Support *Total Agreement Amount $4,080.60 *Any applicable sales tax will be added at time of Invoice The terms and conditions on the following pages form a part of this agreement. By signature on Page 1 and Initialing each of the following terms and conditions pages,Customer confirms reading, understanding,and agreeing to all such terms and conditions. All additional and/or different terms are expressly rejected by Company and are excluded from this agreement.No modification to this agreement shall be binding on Company unless agreed to in writing by a corporate officer of Company. Equipment condition It is understood that the equipment covered in this agreement is In good operating condition at the time the contract starts. Good operating condition Is defined as currently able to operate and all safety features Intact according to product manufacturer's specifications with no unauthorized modifications If machine is found not to be in good operating condition upon first onsite service event,an estimate will be provided to bring the machine up to good operating condition by Company and any previously agreed upon start date becomes null and void. This work must be performed to Company's satisfaction before contract can take effect Presstek,Inc -55 Executive Drive—Hudson,NH 03051 Customer Service.800-422-3616-Fax 888-425-9270-www presstek.com 1 i lit t K E �• {�t! _ thorized Customer Name(Please Print) Prisstek tholized me � (if requir (�✓ � �' et te[t Inc- — Authorized C storm ignature Date Presstek Authorized Signature Date (if required by Customer) 1. [RESERVED] 2 Company agrees,subject to the terms and conditions hereof,and at no charge beyond that described In Paragraph 3 a.below,to perform these services set forth here 3 Customer agrees to e, Pay Company in accordance with the payment plan indicated on page 1 of this agreement b. Exert reasonable care in the operation of the equipment and perform the factory recommended customer pre and clearing program described in the operating instructions for the equipment c Replace all non-included pans,consumable and supply Items as often as is necessary to maintain the equipment In good operating condition d Provide all power requirements and environmental conditions for the equipment as specked in the operating instructions e. Accept sales and service communications from Company via fax and/or email 4. a All scheduled maintenance inspections and intervening calls will be made during Company's normal working hours Cells requested for other than Company's normal working hours will be charged to Customer at Company's then prevailing rate for after-hour service The availability of manpower for after-hour service,and for other service not included under this agreement,will be determined solely by Company b The rate shown on the reverse side is for providing service only at the location shown on the reverse side Should Customer relocate the equipment to a different zone,the rate will be decreased or Increased accordingly for the balance of the term o.The rate for providing service shown on the reverse side is a pricing structure based on the service cost-savings 1he Company receives when the Customer uses only Company-approved or Company-certdied media on the equipment The Company derives this rate based on the Company's experience of service costs for our equipment when used solely with Comparry-certified or Company-approved media Notwithstanding anything stated herein to the contrary,should the Customer use media on the equipment that Is not Company-certified or Company-approved,the Company In Its sole and unfettered discretion may immediately either(i)adjust pricing or(n)terminate this agreement Subsequent to termination,the Company may provide service to Customer on a lime and materials basis. d Except as set out in Items 4.c.and 12 c,Company reserves the right to change the rates shown on page 1 from time to time,upon not less than 30 days notice to the Customer Customer has right to cancel within those 30 days due to the price change and no cancellation fees will be applied by Company 5 The overhauling andfor rebuilding of the equipment are not provided under the terms of this agreement No such wok will be performed until a written estimate of charges.Including parts,transportation,and labor has been submitted to and approved in wrYing by Customer 6 This agreement does not cover any accessory equipment,Including lock box attachments,not itemize on this agreement 7 When applicable,federal,state,and local taxes(except taxes based on Company's net Income)will be borne by the Customer. 8 Company shall have no obligation hereunder to furnish any labor or parts for purposes of repairing damage to or malfunction of the equipment caused by any of the following.(a)abuse,misuse,neglect,use of parts or supplies which do riot meet the manufacturer's specifications.Including the use of media not approved or certified by the Company,(b)failure to follow the customer maintenance procedures described in the operating Instructions for the equipment,(c)fire,flood,lightning or any other act of God;(d)failure to provide a power supply or an operating environment for the equipment which conforms to the manufacturer's specifications,(a)the repair,servicing,adjustment or modification of the equipment by anyone other than Company's authorized service personnel,(I catastrophic damage caused by an Improperly Installed blanket or consumable Item,or(g)catastrophic damage caused by a defective blanket 9 If pant are provided under Ibis agreement,they maybe new,serviceable used,or reprogrammable Items equivalent to new in performance For agreements that do not cover parts,Presstek will make their best effort to supply parts for that machine when requested but does not guarantee their availability 10 CUSTOMER'S SOLE REMEDY FOR ANY BREACH BY COMPANY SHALL BE PERFORMANCE OF MAINTENANCE OR REPAIR OR REPLACEMENT OF ANY DEFECTIVE PART COMPANY'S MAXIMUM LIABILITY HEREUNDER SHALL IN NO EVENT EXCEED THE PRICE PAID BY CUSTOMER HEREUNDER IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY INDIRECT,INCIDENTAL,SPECIAL,EXEMPLARY OR CONSEQUENTIAL DAMAGES(INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOSS OF BUSINESS)SUFFERED OR INCURRED BY CUSTOMER OR ANY OTHER PERSON,EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES THE FOREGOING RIGHTS AND REMEDIES OF CUSTOMER ARE IN LIEU OF AND IN EXPRESS LIMITATION OF ANY AND ALL OTHER WARRANTIES,EXPRESS,IMPLIED OR STATUTORY, OR ARISING BY OPERATION OF LAW,INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THE TERMS OF THIS AGREEMENT,INCLUDING SPECIFICALLY THIS PARAGRAPH 10,ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE CUSTOMER AND THE COMPANY COMPANY'S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE AGREED LIMITATION OF LIABILITY 11 In no event shall Company be responsible for any delay or failure to perform under this agreement where such delay Is due to causes beyond Company's reasonable control 12 a This agreement shall be in effect for an Initial term(the"Initial Term")beginning on the"Agreement Start Date"shown on page 1 of this agreement and continuing for the number of months shown as the"Initial Term Months"on page 1 of this agreement,subject to approval by the Company of the mechanical and/or operational condition of the equipment and subsequent delivery to Customer of a copy of this agreement duly executed by Company and Customer It Is understood that the equipment covered In this agreement is in good operating condition at the time the contract starts Good operating condition is defined as currently able to operate and all safety features Intact according to product manufacturers specifications with no unauthorized modifications If machine is found not to be In good operating condition upon first onsme service event,an estimate will be provided to bring the machine up to good operating condition by Company and any previously agreed upon start date becomes null and void This work must be performed to Company's satisfaction before contract can take effect b This agreement shall be automatically renewed at the end of its Initial Term for successive periods of twelve(12)months each at the current Company rates if "Automatic Renewal"on page 1 its accepted The initial tern and each renewal term are each a'Term". c Notwithstanding subsections 12(a)and 12(b),the Company may at any lime either(1)cancel this agreement or(n)modify the pricing,if the Customer has used media that is not Presstek-approved or Presstek-certified media on the mechanical and/or operational equipment covered undo the terms of this agreement. I 13 This agreement maybe cancelled by Company or Customer at anytime by thirty(30)days advance notice Such notice for termination must be provided in writing to the other party,and the contract shell terminate thirty(30)days from the date such notice is received by the other party(the'Termination Date") if Customer cancels this Agreement so that the Termination Date would occur before the thirtieth(30th)day after the initiation of the there-current Term or within thirty(30)days before the end of the then-current Term,this Agreement will terminate as of the nearest contract slart/ranewel date and Company shall have no further obligations to Customer If Customer cancels this Agreement and the Termination Date would occur after the thirtieth(30th)day after the initiation of the then-current Term or more than thirty(30) days before the end of the then-current Term,Company shall credit the Customer's account(the"Customer Credo") The Customer Credit veil be determined by taking the amount paid by the Customer for the services to be provided during the then-current term("Total Customer Contract Amount")divided by the number of days of the then-current tens,multiplied by the number of remaining days between the Termination date and the end of the then-current Term(the"Remaining Contract Amount'), less a Cancellation fee of 33%of the Remaining Contract Amount rounded to the nearest day 14 a If Customer cancels this Agreement before the and of the Initial Term,Company has right to charge Customer on a time and materials basis for all services,all preventive maintenance,all mechanical and electrical parts,all rollers,and all other supply Hems and consumables parts provided to Customer or installed on Customer's equipment All costs shall be billed at Company's then-current retail prices Presstek,Inc -55 Executive Drive—Hudson,NH 03051 Customer Service:800-422-3616-Fax.888-425-9270-www.presstek.com 2 4h ' b The Company reserves the nght be cancel an active service contract for non-payment of open Invoice(a)90 days past due At which pant in time the company will provide written notice to the customer requesting full payment of the contract and tamed lotion of default within 30 days If no payment is received after the 30 day grace period expires the company will then cancel the contract and charge the account the greater of the contract cancellation penalty fees per section 13 of this agreement or the sum total of service rendered to date at list price during the contract period including all labor,parts,and travel The defaulted party shall reimburse the company for all costs and expenses as outlined above related to this contract cancellation event W 0.5h i n C(Tv� 15 This agreement shall be governed by and interpreted and enforced in accordance with the laws of the Stale of Newthimpslnre 13 This agreement sets forth the parties'entire agreement as to Company's maintenance of the equipment and sale of consumables,as further set forth below. T Agreement supersedes any previous understandings,negotiations,promises,commitments,or agreements between the parties All additional and/or different terms in any previously existing or subsequent purchase order or related document are expressly rejected by Company and are excluded from this agreement No modification to this agreement shall be binding on Company unless agreed to in writing by a corporate officer of Company 17 Excluded Item for equipment under contract Any parts of a consumable nature will not included in the agreement(rubber Items,blades,chemicals,"supply"items,etc)unless otherwise stated Some Examples are Presses(Includes DI Presses) Ink and Water Rollers,Rubber Gaskets,Lamps,Bulbs,Belts,Blankets,Brushes,Rotary Joints,Rubber or Plastic Hoses,Suckers, Filters,Covers Cleaning Supplies,Chemistry,Software Upgrades,Hardware Upgrades,Attachments not listed on agreement CTP(Computer to Plate Devices) Rollers,Rubber Gaskets,Lamps,Bulbs,Belts,Brushes,Rubber or Plastic Hoses,Filters,Covers,Cleaning Supplies,Chemistry,Software Upgrades,Hardware Upgrades,Attachments not listed on agreement Finishing Equipment(Post Press) Blades,Crimper Pliers,Rubber Fold Rogers,Trimmer Knives/Arrvils,Stapler/Stitcher Heads,Rubber feed Rollers,Separator Pads,Feed Tires,Heat Rollers/Lamps, Drill Bits,Drilling Clocks,Bilt/Coin Changers,Dies and Punch Sets,Cutler Wheels,Heat Strips,Sealing Wires,Stitcher/Stapler Heads,Stitching Wire,Staples,Rubber Vacuum Mats,Cleaning Supplies,Hardware Upgrades,Attachments not listed on the agreement Plan Terms and Conditions. PCA(Premium Care)or PAL(Parts and Labor): Labor and travel charges on necessary service calls and prescheduled preventive maintenance Inspections during normal business hours(Bam-5pm local time),all mechanical and electrical parts(supply items and consumable parts are not Included)used during necessary service cells and preventive maintenance inspections(quantity per year stated on the first page of this agreement),software palches/Fxes;firmware updates(major software upgrades that add features are not included),(Advanced Training is not included),Service Representative will follow up by phone within 1 hour from the time the service Is requested and d necessary,arrive at the customer's site within the average response time stated on page 1(this applies to service requested during normal business hours 8am-5pm local time),application telephone support/advice on Presstek,Inc front end and product software applications BCA(Basic Care) Same Terms and Conditions as PCA except parts are not Included POC(Parts Only) Same Terms and Conditions as PCA except labor,travel,and on-site response are not Included PSV(Preventative Maintenance Only) Labor and Travel for PM's only All other service calls Parts are billable @ 15%discount and Labortkavel are billed @$135/hour LTD(Limited) Presstek currently experiences no Parts shortages due to obsolescence;however Presstek cannot behold liable for sourcing any obsolete parts Presstek will make best efforts to source all parts for rids equipment In the unlikely event that parts cannot be obtained to resolve equipment downtime,Presstek will refund or credit the remainder of the contract balance Initlals Presstek,Inc -55 Executive Dnve—Hudson,NH 03061 Customer Service:800-422-3616-Fax 888-425-9270-www presstek.com 3