HomeMy WebLinkAboutIT15-125 - Original - PressTek - Contract - 01/01/2015 Records
a 6 i� 'tS tpy.�' S f�'�
4�; e 6h
KEN"I Document
WASNINGTON i> ry { Y}"fit
5 `�y
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
JD Edwards Number
Contract Number: 9 - ll
This is assigned by City Clerk's Office
Project Name: Annual Service Agreement - 2-color Press Serial #2052
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment X Contract
❑ Other:
Contract Effective Date: 4-1-2015 Termination Date: 3-31-2016
Contract Renewal Notice (Days): 90
Number of days required notice for termination or renewal or amendment
Contract Manager: Dea Drake Department: Information Technology
Contract Amount: $3,968.80 + tax
Approval Authority: (CIRCLE ONE) Department Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Print Shop
220 T5 Avenue South
Kent, WA 98032
As of: 08/27/14
g. LLL
�^ 2/25/2015
$
a a a 'e � 'y °'flat PF �U6; b`e av' raY Px Pattu"F i
*****This is not an Invoice*****
Bill to Location: Serviced Location:
KENT CITY OF KENT CITY OF
INFORMATION TECHNOLOGY CENTRAL. SERVICES
220 4TH AVE S 220 41'H AVE S
KENT,WA 98032 USA KENT,WA USA 98032
Dear Valued Customer,
The renewal information for the equipment on your Presstck LLC Maintenance Agreement is shown below:
Billing Acent: JB4891727000 Service Acent JB48 9 1 727 00 1 �
Billing Phone: (253) 859-3309 Service Phone: (253) 856-4648
c-
'Perm Date: 4/l/2015- 3/31/2016 1 Billing Frequency: One Time
Automatic Renewal: a`"�' tl Service Travel Zone: SB1 Initial Term:12 P.O. Required:Yes
Agreement Number: I{513136 Rev:2 Agreement Type: Contract
Line Model Description Serial',♦ Plan Type Entitlement Description
1 9995 2 COLOR PRESS 2052 PCA04-Press Laborfl'rvt=Covered
Parts=Covered
Default Inspections=4/year
Response=Priority
Basic Training=Covered
Rubber Rollers=35%off
*Total: 3,968.80
*Any applicable sales tax will be added at the time of the invoice
In order to avoid any interruption in service,it is important that we have your Pm chase Order number valid for the term of your contract 30 days
prior to the renewal date.For your convenience,you may enter the purchase order number in the area provided and mail the form and P.O.
hardcopy to Presstek LLC,55 Executive Drive,Hudson,New Hampshire 03051,arm:Contract Department or fax hi(888)425-9270 or email to
gservsales(apresstck.com. �} q
RENEWAL PURCHASE ORDER NUMBER:
CON'rAC'1 NAMF.(Please Print) Telephone Number
Effective upon contract renewal,the following Ierms and Conditions apply: _
r 1
1. IRESERVEDI 14
L '
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:
a. Pay Company in accordance with the payment plan indicated on page 1 of this agreement.
It. Exert reasonable care in the operation of the equipment and perform the factory rccom mended customer care and cleaning program
described in the operating instructions for the equipment.
e. Replace all non-included parts,consumable and supply items as recommended by OEM or 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 specified 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. Calls 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 and charges for manpower on after-hour service,and for other service not included under this agreement,will be determined solely
1-2G31tNU Page I of 1 renewnllcucr_001.,P1
m m 0PRESST �-" 2/25,/2015
seer � .. L�•z.n �
a s e_eill v s 7 F it 43 t t^,.
*****This is not an Invoice*****
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 location,the rate may be decreased or increased accordingly based on zone charges for the balance of the term.
c.The rate for providing service shown on the reverse side is a pricing structure based on the service cost-savings the Company receives when the
Customer uses only Company-approved or Company-certified 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 Company-certified or Company-approved media.Notwithstanding anything
stated herein to the contrary,should the Customer use media on the equipment that is not Company-eerfified or Company-approved,the
Company in its sole and unfettered discretion may immediately either(i)adjust pricing or(if)terminate this agreement.Subsequent to
termination,the Company may provide service to Customer on a time and materials basis.
d.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. '1 he overhauling and/or rebuilding of the equipment are not provided under the terms of this agreement.No such work will be performed until
a written estimate of charges,including parts,transportation,and labor has been submitted to and approved in writing by Customer.
6. This agreement does not cover any accessory equipment,including lock box attachments,not itemized 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 at 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 not 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;(e)the repair,servicing,adjustment or
modification of the equipment by anyone other than Company's authorized service personnel;(t)catastrophic damage caused by an improperly
installed blauket or consumable item;or(g)catastrophic damage caused by a defective blanket.
9. If parts are provided under this agreement,they maybe new,serviceable used,or reprogrammable items equivalent to new in performance
based on the sole discretion of the company. 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.Presstek currently experiences no Parts shortages due to obsolescence;
however Presstek cannot be held liable for sourcing any obsolete parts.Presstek will make best efforts to source all parts for this equipment.in
the unlikely event that parts cannot be obtained to resolve equipment downtime;Presstek will provide a credit for the remainder of the contract
balance.
10. If parts are not covered under the contract,the applicable federal,state,and local taxes and shipping charges appropriate for the parts used
during service will be borne by the customer under a separate invoice.
11.CUSTOMER'S SOLE REMEDY FOR ANY BREACH BY COMPANY SHALL BE PERFORMANCE OF MAINTENANCE OR REPAIR OR
REPLACEMENT OF ANY DEFEC'TIN E PART. COMPANY'S MAXIMUM LIABILITY HEREUNDER SHALL IN NO EVENT EXCEED THE PRICE PAID BY
CUS'IION]VR HEREUNDER IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY INDIRECT,
INCIDENTAL,SPECIAL,EXEMPLARY OR CONSEQUENTIAL DAMAGES(INCLUDING WTI HOUT LIMITATION LOST PROFITS OR LOSS OF
BUSINESS)SUFFERED OR INCURRED BY CUSTO VIER OR ANY OTHER PERSON,EVEN IF COMPANY RAS BEEN PREVIOUSLY ADVISED OF
TIIE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING RIGHTS AND REMEDIES OF CUSTOMER ARE IN LIEU OF AND IN EXPRESS
LIMILVI ION OF ANY AND ALL OTHER WARRANTIES,EXPRESS,I VIPLIED OR STATUTORY,OR ARISING BY OPERATION OF LAW,
INCLUDING BUT NOT LIMITED TO ANY iMPLiED WARRANTY OF MLRCITANTABILITY OR ITI N ESS FOR A P.ARTiCITLAR PURPOSE.
THE TERMS OF THIS AGREEMENT,INCLUDING SPECIFICALLY THIS PARAGRAPH 10,ALLOCATE THE.RISKS UNDER THIS AGREEMENT
BETWEEN THE CUSTOMER AND THE COMPANY_A COMPANY'S PRICING REFLECTS THIS ALLOCATION OF RISK AND T11E AGREED
LIMI'IA'I'ION OF LIABILITY.
12.1n 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.
13. 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 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. 'Phis 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 is accepted.The initial term and each renewal term are each a"Term".
c. The Company may at anytime either(i)cancel this agreement or(d)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 under the terms of this agreement.
I-2C31NU Page 2 of 3 1 001.'rpl
to VK
2/25/2015
gam
Qiw . o o xe4r t Lt,N fxt Tr,1& iOV i1Y 0 PF1N-
*****This is not an Invoice*****
14.This agreement may be cancelled by Company or Customer at any time by ninety(90)days advance notice.Such notice for termination must
be provided in writing to the other party,and the contract shall terminate ninety(90)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 alter(lie
initiation of the then-current Term or within ninety(90)days before the end of the then-current Term,this Agreement will terminate as of the
nearest contract start/renewal 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 ninety(90)days before the
end of the then-current Term,Company shall credit the Customer's account(the"Customer Credit").The Customer Credit will 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 term,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.
1.5. a.If Customer cancels this Agreement before the end 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 items and consumables
parts provided to Customer or installed on Customer's equipment.All costs shall be billed at Company's then-current retail prices
b.The Company reserves the right to cancel an active service contract for non-payment of open invoice(s)90 days past due.At which point in time _
the company will provide written notice to the customer requesting full payment of the contract and remedlation of default within 30 days.If no
payment is received after the 30 day grace period expires the company wili then cancel the contract and charge the account the greater of the
contract cancellation penally fees per section 14 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. 'c)
n!V
T�
16.This agcemcntshall he governed by and interpreted and enforced in accordance with the laws of the Slate of
17.This agreement sets forth the parties'entire agreement as to Company's maintenance of the equipment and sale of consmnables,as further
set forth below. This 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.
18. Excluded Items for equipment under contract:Any parts of a consumable nature are not included in the agreement(rubber items,blades,
chemicals,"supply"items,etc.)unless otherwise stated.Some examples of excluded items are defined below:
Presses(Traditional and of Presses):
Ink and Water Rollers(Rubber),Form Rollers,Blanket Rollers,Caskets(Rubber),Belts(Feeder,Timing,V),Bottle packing,Doctor blade,Lamps
(all),Bulbs,Blankets,Brushes,Rotary Joints,Hoses(Rubber,Plastic,other),Stickers,Filters(All),Covers,Cleaning Supplies,Chemistry
Products,Software Upgrades,Hardware Upgrades.
CI'P(Computer to Plate Devices):
Rollers(All),Caskets(Rubber),Belts(Feeder,Timing,V),Bottle packing,Lamps(all),Bulbs,Brushes,Hoses(Rubber,Plastic,other),Filters
(All),Covers,Cleaning Supplies,Chemisty Products,Software Upgrades,Hardware Upgrades.
Finishing Equipment(Post Press):
Blades,Crimper Pliers,Rollers(Rubber),Trimme-Knives/Anvils,Stapler/Stitcher HeadsA Seperator Pads,Feed Tires,Lamps(all),Bulbs,Drill
Bits,Drilling Blocks,Bill/Coin Changers,Dies and Punch Sets,Cutter Wheels,Heat Strips,Sealing Wires,Stitcher/Stapler Heads,Staple,
Rubber Vacuum mats,Brushes,Hoses(Rubber,Plastic,other),Sackers,Filters(All),Cleaning Supplies,Chemistry Products,Software Upgrades,
Hardware Upgrades.
As noted above,this is not a comprehensive list but a representative of types of products excluded under contract unless othe wise noted as
attachment to agreement
Sincerely,
Contract Administration Department
1-2G31NU Page 3 of 3 7 rn,e,rnueurr_001"T1
< { 0 Fa"-�A �Iv, 7,)�
® REMIT TO: „INNOIGE b }
y
e o a ]6 T E K Presstek LLC '- 3 °�xxv r �i: 's AYts
s a r` 3s+S4 'R3e"e4: r3+xa•e=
a s A SMARTER WAY TO PRINT 3727 Solutions Centex NU be., � ; ,date K Ra11='
Chicago, IL 60677-3007 T802870 3/13/15 1 of 1
1-800-7525139
Fed ID# 02-0415170
BILL TO: 4891727 000 SHIP TO: 4891727 001
KENT CITY OF KENT CITY OF
INFORMATION TECHNOLOGY CENTRAL SERVICES
220 4TH AVE S 220 4TH AVE S
KENT WA 98032-5838 KENT WA 98032-5838
._ R umbu--_
121997 K513136 CON 4/01/15
e etol Tax ID Cede Federal Tax ID Cede Odgll l lm.ice Job Number Equlpmenl l.oWion
Product Code, h S h:xpa. lr Descrlptlon` SeClal Number - quantity -Unit Price
wd.' i3}a'c*€ f- y�;
SITE ACCOUNT: ENT CITY OF
Service Contract
9995 2 COLOR PRESS PCA 2052 12 330.73 3968.80
Period: 4/01/15to 3/31/16
TAX ,aa 377.04
,{{ry�
M �+
MA 12 0 Z015
CErAJP
Please fax credit card payments to 800-266-0223 Net 30 Days
We honor MC s, VISA , AMEX® and Discover@ for Pa ment.
Type 9my
VISA® AMEX e DISCOVER@ TOTAL INVOICE: $4,345.84
Card Numbers
Expiration Date Amount $CC Security Code PAY THIS AMOUNT: $4,345.84
Cardholder's Name
Signature
Credit Card Billing Zip Code ja