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HomeMy WebLinkAboutIT16-092 - Original - PressTek, LLC - 2 Color Press Maintenance Agreement - 04/01/2016 w Records Manlage' me­ PVT Document W A$H I N G T G M 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: II This is assigned by City Clerk's Office Project Fume: 2016-2017 2 Color Press Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment 0 Contract ❑ Other: Contract Effective date: 4/1/1.6 Termination Date: 3/31/17 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: $4 345.84 Approval Authority: ® Department Director ❑ Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 PRESS K 11412C}1C as it a a a '"°k :; G,"A R,'1-I k i ,V,;N C r t, ;,;.i,. *****This is riot an Invoice**'** Bill to Location: Serviced Location: KENT CITY 01' KENT CITY OF INFORMATION TECHNOLOGY CENTRAL SERVICES 220 4TH AVE S 2.20 4TH AVE S KENT, WA 98032 USA (CENT,WA USA 98032 Dean Valued Customer, The renewal information for the equipment on your Presstek LLC Maintenance Agreement is shown below: Billing Acclit: JB4891727000 Service Acent: JB4891727001 Billing Phone: SI 31 859- 309 Service Phone: {25356 4�4� Term Date: 4/1/2016- 3/31/2017 Billing Frequency: One Time Automatic Renewal: Yes Service Travel Gone: JBI Initial Term:12 P.O. Required:Yes Agreement Number K51 3131 a6 Rev:3 Agreement Type: Contract Line Model L7escriptio a Serial# Plan Type Entitlement I3escrip6on 1 9995 2 COLOR PRESS 2052 IICA04-Press Laborf7'M=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 tittle 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 ail days prior to the renewal date.For your convenience,you may enter the purchase order number in tire.area provided and mail tlae form aatd P.O. hardcopy to Presstck LLiC:,55 Executive'Drive,lludson,New Hampshire 03051,aun:Contract Department or,fax to(888)425-9270 or email to gscr a 4aales�presstelt,cortt. RENEWAL PURCIIASE ORDER NUMBER: CONTACT NAME'(Please Print) Telephone Number Effective upon contract renewal,the following Terms and Conditions apply: 1. [RESERVED] 2. Company agrees,subject to the terns 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: n. Pay Cornpany in accordance with the payment plan indicated on page I of this agreement. Ir. Exert reasonable care in the operation of the equipment and perform the factory recornnended 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 Iry OENI or as often as is necessary to tnainlain the equipment in good operating condition, d. Provide all power requireanents and enviromnental conditions for tine equipment as specified in the operating hrsh-uetion. e. Accept sales and service eotaanuarications from Company via fax andlor email. 4. n. All scheduled maintenance inspections and intervening calls will be made during Company's normal working hours. Calls requested for other.thaaa Company's nornal working hours will lie charged to Customer at Company's then prevailing rate for after-hour service. The availability ofand charges for nanpower coil after-hour service,and for other service not included under this:agreement,will be determined sanely 1-43i'1AB Pagel of3 R.20104-1 001spf V E T E K ' S 1/4/201 G v:a+:*',-r 1.hLs Is not;:•n ILLvoice"lens,* by Company. b.The rate shown on the reverse side is for providing service only at tine location shown on the reverse side. Should Customer relocate the equipment to a different location„tine rate may be decreased or increased accordingly based oil zone charges for time balance of the term. c.The rate for providing service shown oil 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 oil the egripment.The C',ompany derives this rate based oil tine Company's experience of service casts for our equipment when used solely with Company-certified or Company-approved media.Notwithstanding anything stated herein to tine contrary,should the Customer use media on the equipment that is not Company-certified on-Company-approved,the. Company in its sole and unfettered discretion may immediately either(i)adjust pricing or(ff)terminate this agreement.Subsequent to termination,the Company may provide service to Customer of a time and materials basis. cf.Company reserves tlue right to change the rates shown on page I from tune to time,upon not less than 30 days notice to tine 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. ')'lie overhauling and/or rebuilding of the equipment are not provided under tyre 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 equipivtent,including lock box attachments,not'itemized can this agreement. 7. When applicable,federal,state,and focal taxes(except taxes based oil Company's net intone)will be'borne 1>y the Customer. S. 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 tine following:(a)abuse,misuse,neglect,use of parts or supplies which do root meet the manufacturer's specifications,including the use of unedia not approved or certified fry(lie Company;(b)failure to follow the customer maintenance procedures described in tine operating instructions for the equipment;(c)fire,flood,lightning or any other act of God;(d)failure to provide a power supply or oru operating environment for the equipment which conforms to the nnanmfacturer''s specifications„(c)tine repair,servicing,adjustment o• modification of(lie equipment by anyone other than Company's authorized service personnel;(0 catastrophic damage caused by amn improperly installed blanket or consumable item;or(g)catastrophic darmarge caused by a detective blanket. 9. If parts are provided under this agreement,they may be new,serviceable used,or reprogrammablc items equivalent to new in performance based oft 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.Presstelc currently experiences no farts shortages due to obsolescence; however Presstek cannot be held liable for sourcing any obsolete parts.Presstekwvill 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,tine applicable federal,state,and local taxes and shipping charges appropriate for file parts used during service will be borne by the customer under at separate invoice. 1.1.CUSTOMER'S SOLI:RENIED'Y FOR ANY BREIACI-1 BY COMPANY Sl1ALL BE PERFORMANCE OF N'IAIN°TENANCI OR REPAIR OIL REPLACEMENT OF ANY DEFECTIVE PART. CO,`vIPANY"S NIAXIMUyNI LIABILITY Ill"RE'UNDF R SHALL IN NO EVENT EXC;l;llaD THE PRICK PAID BY CUSTOMER HEREUNDER. IN NO EVENT SHALL.COMPANY BF:LIABLE TO GUSTO NIER OR ANY OTIII'R PERSON FOR ANY INDIRECT, INCIDENTAL,SPECIAL,EXEMPLARY OR CONSEQUENTIAL DANIAGES(INCLUDING WITHOUT LINIFFATION LOST PROYITS OR LOSS Oh BUSINESS)SUFFERED Oil INCURRED BY CUSTO,NIER OR ANY 07'IIER PERSON,EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED Ol THE POSSIBILITY Of SUCH DAMAGES. THL FOREGOING RIGHTS AND REMEDIES OF CUSTOMER ARE IN LIEU OF AND IN L,X PRESS LIMITATION OF ANY AND ALL OTHER WARRANTIES,EXPRESS,IMPLIED OR STATUTORY,OR ARISING BY OPERATION OF LAW, INCLUDING BUT NOT LLNI ITED TO ANY LNIPLIED WARRANTY Of,'MF.RCIIANTABIL.ITY OR 1 I IN'ESS FOR A PARTICULAR PURPOSE. `E HE"TERMS OF TIIES AGREEMENT,INCLUDING SPECIFLCALL,Y'THIS PARAGRAPH 11,ALLOCATIa-:THE'RISKS UNDER TIiIS AGREEMENT BETWEEN THE CUSTOMER AND THE CONNIP'ANYA COMPANY's PRICING REEL UX"I'S THIS ALLOCATION OF RISK AND THE AGREED LL'NUTATION OF LIABIIATY. 12.In no event shall Company be responsible for any delay or failure to perform under this agreement where such delay is dime to causes beyond Company's reasonable contrail. 1.3. a."Phis agreement shall be fit effect for all initial term(the"Initial Term")beginning on the"Agreement Start Date"shown oil page I of this agreement and continuing for the number of mouths shown as tfte"Initial Terra Months"on page I of this agreement,subject to approval by the Company of the mechanical and/or operational condition of the equipment and subsequent delivery to Customer urn copy of this agreement duly executed by Company and Customer.It is understood that tine equipment covered lot this agreement is in good operating condition at the little the contract starts.Good operating condition is defined as currently able to operate and all safety features intact according to product nunartufachnrer's speciffcations with no unauthorized modifications. If machine is found not to be in good operating condition upon first onsite service event, in estimate will be provided to Irving the machine tit)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 call take effect. b."'This agrcenuent shall be automatically renewed at the end of its Initial"fern for successive periods of twelve(12)months each at the current Company rates if"Automatic Renewal"an page I is accepted.The initial term and each renewal term are each a"Tema". n`. The Company may at any titne either(i)cancel this agreement or(fi)modify the pricing,if the Customer has used media that is not Presstek-approved or Presstek-certified media oil the mechanical and/or operational equipment covered under the ternns of this agreement. 1-43Y1,413 Page 2 of '?l 104-1 ae)m,-clkm'r 001 rpm „ 4,TRESSTEK 1/4/2016 *****Tliis is not an lnvoice***,�'* 14.This agreement may be cancelled by Company or Customer at any time by ninety(90)(lays advance notice.Such notice for termination must be provided in writing to the other part),,and the contract shall terminate ithiety(90)days from the date such notice is received by the other party (the"Termination Date"), If Customer CanCON this Agreement so that theTernihiation Date would occur before the thirtieth(304h)day after the initiation of the then-current Term or within ninety(90)(lays before the end of the then-current Term,this Agreement will terminate as of the nearest contract start/rencival date and Company shall have no further obligations to Customer. If Customer cancels this Agreement and tile Termination Date would occur after the thirtieth(30th)day after tire initiation of the then-current'rerm or more than ninety(90)(lays before flie end of the then-current Term,Company shall credit the Customer's account(the"CUSt011ltr Credit").The Customer Credit will be determined by taking the amount paid by the Customer for the services to be provided during the then-cm-rent term("Total Customer Contract Aniount”) divided by tile number ofdays of the then-current terror,naulliplied by the number of rernaining,(lays between the Termination(late and tile end of the then-current Term(tire'"Remaining Contract Amount"),less a Cancellation fee of3,3%ofthe Remaining Contract Amount rounded to tile 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-.in(]materials basis for all scl-vices;all preventive maintellance;all ruccliallical and electrical parts;all rollers;and all other supply items and consunrables parts provided to Customer or installed our Customer's equipment.All costs shall be billed at Company's then-current retail prices b.The Company reserves the right to cancel all 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 reinediificio ofdef-aul(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 or tire smin total of service rendered to date at list price during the contract period including all labor,parts,and travel.'File defaulted party shall reimburse file company for all costs and expenses as outlined above related to this contract cancellation event. 16.This agreement shall be governed by and interpreted in(]enforced in accordance with the laws of the State of New Ilanipshire. 17.']'his agreement sets forth the parties'entire agreement as to Company's maintenance of the equipment and SaIC OfCOUSUniables,as further set forth below. ']'his Agreement supersedes any previous understandings,negotiations,promises,commitments,or agreements between the parties.All additional and/or different lernis in any previously existing or subsequent purchase order or related document are expressly rejected by Company and:ire excluded from this agreement.No modification to this agreement shall be binding or Company unless agreed to in writing by a corporate officer of Company. 18. Excluded items for equipment under contract:Any parts of consumable nature are riot incloded 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,Tinning,V),Bottle packing,Doctor blade,Larlips, (all),Births,Blankets,Brushes,Rotary Joints,doses(Rubber,plastic,other),Suckers,Filters(All),Covers,Cleaning Supplies,Chemistry Products,Software Upgrades,Hardware Upgrades. CTP(Computer to Mate Devices): Rollers(All),Gaskets(Rubber),Belts(Feeder,Tinfing,V),Bottle packing,Limps(all),Bulbs,Brushes,Hoses(Rubber,Plastic,other'),Filters (All),Covers,Cleaning Supplies,Chemistry Products,Software Upgrades,I lardware Upgrades. Finishing Equilinicot(Post Press): Blades,Crimper Pliers,Rollers(Rubber),Trimmer Koives/Airvils,Stapler/Stitcher lleids,,k Seperator fads,Feed Tires,Lamps(all),Bulbs,Drill Bits,Drilling Blocks,Bill/Coin Changers,Dies and Punch Sets,Cutter Wheels,Ileat Wills,sealing Wires,Stitcher/Stapler Heads,Staple, Rubber Vacuum mats,Brushes,Iloses(Rubber,Plastic,other),Suckers,[,'liters(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--13 V 1,4 B Page 3 of') 8:2016-4-1 avnciirdlkwcr OW.rpt 7 2 7 7 k CY) CO cli � $ e 3 k CDR 2 ' . �� 2 " § CD § B a. Q R 2 $ m O O o a o � 0 a) n w CDqr ca � _ � a 2 �CC) C) ■ 2 c E G 2 ZZF- \ w ) 4) � kx0a � § w 0 0 O kd- 2 � � / a) k c � E 04 ® \ uJ)c § q t Q. CL fZ, 3 @ k k 3 N 0 / > b m ■ q © ° o & -0 ƒE � � mq � CO� � � mn � ' G q § § CO � 0 o C c E _ CL > p o J % -22 6f k 0 > @ � � o > Q o _a � ° ' � / § ° @ < j v § 2 § $ § 2 0 & K(L I - / o 5 4 % _0> o � 2a ® £ _ iC) � CD O _0 ¢ ( 2 6m0 4)0 f § �- r C Y o oCa ® ! C ■ o = U) q § �l CD § � j k � 2 2C.) � 0 ƒ « . k q E - 2 m© £_ o _j, [ 4 L ƒ 0 0q § c a w og m � 04 - « ' P R E S S T E K REMIT s• TO: ••• Presstek LLC �'`• • i A SMARTER WAY TO PRINT 3727 Solutions Center Numbb,Sn DateMI Page. Chicago, IL 60677-3007 T826291 2/29/16 1 of 1 1-800-752-5139 Fed ID# 02-0416170 BILL TO: 4891727 000 SHIP TO: 4891727 001 tea� KENT CITY OP KENT CITY OF INFORMATION TECHNOLOGY S N I CENTRAL SERVICES 220 4TH AVE S ^'' 220 4TH AVE S KENT WA 98032-5838 MAR O 201fi KENT WA 98032-5838 ! j FINANICE-A/P ii Purchase,Order N bar Contract Information 128401 K513136 CON 4101116 Federat Tax f ode Federal Tax It]Code Original Invoice 1cb Number Equipment Lace Gan yv odc� de� t1 yDescrlp on.VA= SerjalNu myby Qu ntity; `yUnit Pflce ., ou�- 1• 4rw 1...G9Cfu"f'.RMJ! {L.T".}.'yYY4.1. SITE ACCOUNT:KENT CITY OF Service Contract 9995 2 COLOR PRESS PCA 2052 12 330.73 3968.80 Period: 4/01/16 to 3131/17 TAX 377.04 Please fax credit card payments to$00-266-0223 Net 30 Days J We honor MC®, VISA e , AMEX a and Discover a for Payment. We impose a surcharge on the total credit card order which is not greater than our cost of acceptance. Type MC @0 VISA ® AMEX® ❑ DISCOVER a TOTAL INVOICE: $4,345.84 Card Number Ytn „=x* f� } R -, �.,•:: Expiration Date M N Y Y Amount ;=. CC Security Code L PAY THIS AMOUNT: $4,345.84 Cardholder's Name Signature is Credit Card Billing Zip Code