Loading...
HomeMy WebLinkAboutIT16-011 - Original - Presstek - Contract - 01/01/16 f iCE�IT �� Document ti 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: I} It'� _ U H This is assigned by City Clerk's Office Project Name: 2016 Digital Platemaker Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 1/1/16 Termination Date: 12/31/16 Contract Renewal Notice (Days): 30 days Number of days required notice for termination or renewal or amendment Contract Manager: Patti Belle Department: Information Technologies Contract Amount: $4287.18 Approval Authority: ® Department Director ❑ Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): I As of: 08/27/14 •s `►o 12/3/2015 sea ea rao .M1 kaalR TC•R if+v 70 FRI hdT *****This is not an Invoice***** Bill to Location: Serviced Location: KENT CITY OF KENT CITY OF INFORMATION TECIINOLOGY CENTRAL SERVICES 220 411I AVE S 220 4TH AVE S KENT, WA 98032 USA KENT,WA USA 98032 Dear Valued Customer, The renewal information for the equipment on your Presstek LLC Maintenance Agreement is shown below: Billing Accnt: JB4891727000 Service Accnt: JB4891727001 Billing Phone: (253)859-3309 Service Phone: (253)856-4648 Term Date: 1/l/2016- 12/31/2016 Billing Frequency: One Time Automatic Renewal: yes Service Travel Zone: JBI Initial Tenn:12 P.O.Required:Yes Agreement Number: K512674 Rev:3 Agreement Type: Contract Lina Model Description Serial# Plan Typo Entitlement Description I DPM2340 DIGITAL SILVER PLATEMAKFR 49-137 LTD02-Digital Pre-Press Labon'£rvl=Covered Parts=Covered(See LTD T&C) Default Inspections=2/year Response=I hr phone,8[a onsite Application Support=Covered Software Fix=Covered Basic Training=Covered Remote Support *Total: 4,287.18 "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 Purchase 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. hardeopy to Presstek LLC,55 Executive Drive,Hudson,New Hampshire 03051,attn:Contract Department or fax to(888)425-9270 or email to gservsales@presstelccom. RENEWAL PURCHASE ORDER NUMBER: ram, � C I per_ A5a,- -tI( C ' CONTACT NAME(Please Print) Telephone Number Effective upon contract renewal,the following Terms and Conditions apply: 1. IRESERVEDI 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. Castomer agrees to: a. Pay Company in accordance with the payment plan indicated on page 1 of this agrccment. b. Exert reasonable care in the operation of the equipment and perform the factory recommended customer care and cleaning program described in the operating instructions for the equipment. c. 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. it. 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. J. a. All scheduled maintenance inspections and intervening calls will be made during Company's normal working hours. Calls requested for r-,pit9t Page1of3 �,a„.�,uerre, onL,pr s®* P �..{ E T E 12/3/2015 etas l� *****This is not an Invoice***** 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 by Company. h.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.'I'he 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-certsed media ml the equipment.The Company derives this rate based on the Company's experience of service costs for on 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-certified or Company-approved,the Company in its sole and unfettered discretion may immediately either(i)adjust pricing or(it)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 show 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. S. The overhauling and/or rebuilding of the equipment are not provided under the terms of this agreement.No such workwill be performed until a written estimate of charges,including parts,transportation,and labor has been submitted to and approved in welling by Customer. 6. 'Phis 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 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 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;(Q)catastrophic damage caused by an improperly installed blanket 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 he borne by the customer under a separate invoice. 11.CUSTOMER'S SOLE REMEDY FORANY 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 H E REUNDER. IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY LNDD2ECT, 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 D4VIAGES. 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 BUI NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCfLANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE TERMS OF THIS AGREEMENT,INCLUDING SPECIFICALLY'I HIS PARAGRAPH 11,ALLOCATE THE RISKS UNDER'I'HIS AGREEMENT BETWEEN THE CUSI OMERAND THE CO_NIPANY.A COMPANY'S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE AGREED LIbIITATION OF LIABILITY. 12.In no event shall Company be responsible for any delay or failure to perform under this agreement where such delay is doe 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 duty 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 onsitc 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 is accepted.The initial term and each renewal term are each a"Term". c. The Company may at any time either(i)cancel this agreement or(ii)modify the pricing,if the Customer has used media that is not 1-1p4P9f G Page 2 of 1 t """He"', 010 STEK 12/3/2015 r®i 'I. is a a a • A E10FsRTGiy i'q' -T0 aF1NT *****This is not an Invoice***** Presctck-approved or Pressick-certified media on the mechanical and/or operational equipment covered under the terms of this agreement. 14.This agreement may be cancelled by Company or Customer at any time by ninety(90)days advance notice.Such notice fur termination most 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'I ermination Pate would occur before the thirtieth(30th)day after Tile 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 dale 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 Ilse end of the then-c urreal Term,Company shall credit the Customer's account(the"Customer Credit").The Customer Credal will be determined by taking the amount paid by the Customer for the services to he provided during the then-current term("Total Customer Cotdrect Amount") divided by the number of days of the then-current term,multiplied by the number of remaining days between(Ire Termination date and the end of the then-current Term(fire"Remaining Contract Amount"),less a Cancellation fee of 33%of the Remaining Contract Amount rounded to the nearest day. 15. 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 eonsumables parts provided to Customer or installed on Customer's equipment.All costs shall he billed at Company's then-current retail prices It.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 lime the company will provide written notice to the customer requesting full payment of the contract and remediation 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 14 of this agreement ar 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. I6.'1'his agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of New Hampshire. 17.'1'his agreement sets forth the parties'entire agreement as to Company's maintenance of the equipment and sale of consurtables,as further set fmth 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 order contract:Any parts of a consumable mature 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 DI Presses): Ink and Water Rollers(Rubber),Form Rollers,Blanket Rollers,Gaskets(Rubber),Belts(Feeder,Timing,V),Bottle packing,Doctor blade,Lamps (all),Bulbs,Blankets,Brushes,Rotary Joints,Hoses(Rubber,Plastic,other),Suckers,Fillers(Ali),Covers,Cleaning Supplies,Chemistry Products,Software Upgrades,Hardware Upgrades. CTP(Computer to Plate Devices): Rollers(All),Gaskets(Rubber),Belts(Feeder,'I'iming,V),Bottle packing,Lamps(all),Bulbs,Brushes,Hoses(Rubber,Plastic,other),Filters (All),Covers,Cleaning Supplies,Chemistry Products,Software Upgrades,Hardware Upgrades. Finishing Equipment(Post Press): Blades,Crimper Pliers,Rollers(Rubber),Trimmer Knives/Anvils,Stapler/Stitcher Heads,A Scperator Pads,Feed Tires,Lamps(all),Bulbs,Drill Bits,Drilling Blocks,Bill/Coin Changers,Dies and Punch Sets,Cutter Wheels,Heat Strips,Scaling Wires,Stitcher/Stapler Heads,Staple, Rubber Vacuum macs,Brushes,Hoses(Rubber,Plastic,other),Suckers,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 otherwise noted as attachment to agreement Sincerely, Contract Administration Department 1-2P1F'9i'G Page 3 of / renewnLeuer 001"p, ® REMIT TO: .O P E S S�T E �N�oICE :r 4 +++ Presstek LLC A SMARTER WAY TO PRINT 3727 Solutions Center s Number` [Jate3 ` - Page .� _4y 8 J Y� r.-tiri.x Chicago, IL 60677-3007 _T821398 12/11/15 1 of 1 1-800-752-5139 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 t` Purchase CrdeyNumber Conrad lnlormation 12747 K512674 CON 1/01116 Fede_IT ID Code Federal Ta,ID Cnde Original Invoice Jcb Number Equipment LocaOwi �ProductCotle. 13 s i, bona ' serial Num6ep,,, ' Quantity Unit Price Amount: SITE ACCOUNT:y ENT CITY OF Service Contract OPM2340 DIGITAL SILVER PLATEMAKER LTD 49-137 12 357.27 4287.18 Period: 1/01116 to 12/31/16 TAX 407.28 S A :R � DEC 18 2015 s Please fax credit Card payments to 800-266-0223 Net 30 Days We honor MC o, VISA® ,AMEX o and Discover o for Payment. We impose a surcharge on the total credit card order which is not greater than our cost of acceptance. Type ❑ MC.❑ VISA ®� AMEX ® ❑ DISCOVER© TOTAL INVOICE: $4,694.46 Card Number vn• * ='i` Expiration Date N rn r v Amount $ ua ; CC Security.Code PAY THIS AMOUNT: $4,fi94.46 Cardholder's Name Signature JI3 Credit Card Billing Zip Code