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HomeMy WebLinkAbout175766 08/06/2009 CITY OF CARMEL, INDIANA VENDOR: 354781 Page 1 of 1
ONE CIVIC SQUARE KONICA MINOLTA BUSINESS SOLUTIOSECK AMOUNT: $1,771.00
CARMEL, INDIANA 46032 2642 RAND RD
INDIANAPOLIS IN 46241 CHECK NUMBER: 175766
CHECK DATE: 816/2009
DE PARTMENT ACCOUNT PO NUMBER INVOICE NUMBE AMOUNT DESCRIPTION
601 5023990 148154 940.85 OTHER EXPENSES
651 5023990 148154 830.15 OTHER EXPENSES
KONICA MINOLTA BUSINESS
Ash SOLUTIONS U.S.A INC
2842 RAND RD
INDIANAPOLIS IN 46241
l(ONICA MINOLTA
*Place your service calls, meter reads
and order supplies on line with MyKMBS.com.
Ask your Sales or Service r epresentative for more details."
CITY OF CARMEL MA INTEN ANC E AG REEMENT
1 CIVIC SQ
CARMMEL IN 46032 Number /Date 41.354978 06/19/2'009
Fie €erence number/DatF:
Commencement Meter:
M/A Meter Expiration:
Safes Location: S INDIANAPOLIS
Ship -to add Partner number 148154
CARMEL UTILITIES
ATTN: LISA Validit period: 08/03/2009 to 08/02/2010
760 3RD AVE S.W Volume: 86,000
STE 110
CARMEL IN 46032
I tem atena 0escription
Qty Price Price unit Value
Serial no.: 31746788 4011311 DI35
31725212 4021311 *DI183 COPIER /PRINTER (S
31756618 4012311 *DI251 COPIER
31746785 4011311 DI351 COPIER
000001 7670999202 Service Supply Contract Digital
I EA 1,771.00 USD 1,771.00
NOTE: ONE COPY IS COUNTED FOR EACH 8.5 X I I INCH IMAGE
Under the items of this program, customers purchasing this agreement
will be entitled to labor, transportation costs, all replacement parts,
black starter, staples, imaging units as required, and black toner.
based on 6% toner usage ratio and number of copies purchased, excluding
..paper, Customer may renew, agreement when the copies. purchased. are used
within the agreement period. Customer also may need to purchase
additional foner based on customers application.
Items total 1,771.00
Tax Total 0.00
FINAL AMOUNT 1,771.00
When this Agreement: is: signed�by the Customer and the Branch Service: Manager,_ it shall :constitute 4 a Binding�Agreement.
PLEASE READ REVERSE SIDE OF AGREEMENT FOR ADDITION L TERMS AND CONDITIONS.
MBS; a ON MIN LTA BUSIN S OLUTI NS U.S.A..}, INC. company'
by by
ustomer Signature Date BS Service Rep w Date
by
Title KMBS Service Manager Date
.This. AGREEMENT MUST BE.RETURNED ALONG. WITH- PAYMENT to the Service Location listed above: Please be sure to enter the
COMMENCEMENT METER READING and add STATE and LOCAL TAXES to payment. ;AUTHORIZED SIGNATURE is required to process this
Agreement.
KMBS MAINTIENANCE TERMS AND CONDITIONS "'SCHEDULE Arr
(Revised 11- 07 -08)
The following terms and conditions apply to the provision of maintenance services by Konica Minolta Business 13. BUSINESS PURPOSE: Customer warrants and represents that the equipment will be used for business
Solutions U.S.A., Inc. ("KMBS") to Customer during the term of this Agreement: purposes, and not for personal, family, or household purposes.
14. NETWORK INTEGRATION: If Network Integration services are provided by KMBS, Customer warrants that
1. PAYMENT: Payment is due within thirty (30) days from the date of the invoice. Should the customer fail to the KMBS Digital Needs Analysis ("DNA') has been accurately completed and KMBS may rely on the
make any payment due hereunder, or be or become insolvent or be a party to or acquiesce in any bankruptcy information Contained in the DNA in providing network integration services. KMBS reserves the right to
or receivership proceeding or any similar action affecting the affairs or property of Customer, or violate any assess additional charges for service due to Customer's modification Of its network, software, or operating
aspect of this Agreement, KMBS may (1) refuse to continue to service the equipment and may enter system(s).
Customers premises to recover any property or equipment owned by KMBS or (2) furnish service on a time,
travel and material basis, without prejudice W any other remedies KMBS may have. If Customer fails to make 15. RELOCATION; Relocation or make ready shipment of equipment is not covered by this maintenance
any payment when due pursuant to this Agreement, there will be a service charge of one and one -half Agreement This service, when requested, will be at the then billable rate of KMBS.
percent (1 1/2 per month of the total amount due or the maximum legal interest rate allowed by law,
whichever is less- Reasonable costs, including counsel fees, stall be recoverable by KMBS in the event 16. ASSIGNMENT: Customer may not assign this Agreement without KMBS' express written consent in the
collection activities, including litigation, are required to collect outstanding amounts due under this event that KMBS assigns or subcontracts any of its obligations under this Agreement, KMBS shall remain
AgreemenL NO CASH PAYMENTS ACCEPTED. Accepted manners of payment are by major credit card or primarily responsible to perform those obligations. Any claim or defense Customer may have relating to those
checks made payable to KMBS. obligations must be asserted only against KMBS and nnt its assignee. KMBS may assign, without notice to
Customer; any of its rights under this Agreement
2. METER READINGS: Customer will provide accurate and timely meter readings at the end of each billing
period in a manner prescribed by KMBS. KMBS charges for each copy or print, performed by the KMBS 17. NOTICES: All notices required to be given under this Agreement Shall be in writing and shall be sent by U.S.
equipment included in the contract. A copy or print shall be defined as the generation of any document or first class mail to the parties as follows: To Customer at the address listed on the front of this Agreement and
image on the KMBS equipment For purposes of this Agreement, all such uses of KMBS equipment shall be to KMBS, at 100 Williams Drive, Ramsey, NJ 07446, Attention: Office of Direct Administration.
referenced herein as a "copy." KMBS shall have access to monitor the meter readings and if meter readings
are not received in a timely manner, KMBS may obtain or estimate them and Customer agrees to pay for 18. INDEMNIFICATION: Customer shall bear all risk of theft, loss or damage not caused by KMBS employees
maintenance services based on estimated meter readings. Customer shall not alter or attempt to alter actual or agents, to all Equipment delivered and accepted under this Agreement Customer agrees to indemnify,
meter reading. Each 8Ye" x 11" copy will recorded as a single meter click. Each 11" x 17" copy will be defend and hold harmless KMBS, its officers, directors, employees and agents from all loss, liability, claims or
recorded as a double meter click. Duplexed copies shall be counted at twice the rate of simplexed copies. expenses (including reasonable attorney's fees) arising out of Customer's use of the equipment, indudiN but
For models equipped with banner printing capabilities, the following meter click charges shall apply: 18" to not limited to liabilities arising from illegal use of KMBS equipment as well as bodily injury, including death, or
27" 3 clicks; 27" to 36" 4 clicks; 36" to 47" S clicks. property damage bo any person, unless said injuries, death or property damage was caused solely as the
result of a negligent or intentional act or omission try KMBS.
3. SITE PREPARATION: Customer shall ensure that equipment Is placed in an environment that conforms
with the manufacturers specifications and requirements and will bear all cost and expense for any additional 19. WARRANTY: KMBS WARRANTS THAT THE SERVICES SHALL BE PERFORMED IN ACCORDANCE WITH THE
neceSsitie5 required for installation such as telephone and electrical wiring, remodeling, and noise and power MANUFACTURER'S RECOMMENDATIONS AND SPECIFICATIONS FOR THE EQUIPMENT. KMBS MAKES NO
filters. Any electrical work extemal ro the equipment (i.e. associated peripheral equipment, power, OTHER WARRANTIES WHATSOEVER EXPRESS OR IMPLIED WITH REGARD TO THE SERVICE, THE
transmission and phone limes, and modems) and equipment line cord is not covered by this Agreement. SOFTWARE INCLUDED WITH THE EQUIPMENT OR ITS INSTALLATION, AND MAINTENANCE, AND EXPRESSLY
IXCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4. COMMENCEMENT OF SERVICE: The equipment must be in good condition on the commencement date of
1 this Agreement. KMBS charges for parts and labor required to place the equipment in such condition unless 20. REMEDY LIMITATIONS: The equipment may not be returned to KMBS without KMBS' written consent.
covered under any applicable warranties or a continuous maintenance Agreement. KMBS will invoice the CUSTOMER'S EXCLUSIVE REMEDY FOR BREACH OF WARRANTY SHALL BE REPAIR OF THE EQUIPMENT OR
customer and this will be in addition to the price set forth on the reverse hereof. REPLACEMENT OF A NONCONFORMING PART, AT THE OPTION OF KMBS. THE PARTIES WANE THEIR
RESPECTIVE RIGHTS TO SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES FOR
5. ADDITIONAL EQUIPMENT: NO maintenance service for additional or substituted equipment will be ANY PROVEN BREACH OF THIS AGREEMENT (INCLUDING WARRANTY). THE PARTIES DO RESERVE THE
provided by KMBS until it is accepted by KMBS, in writing, for coverage. KMBS reserves the right to adjust RIGHT TO RECOVER CONTRACT DAMAGES ALLOWED VIA THIS AGREEMENT. KMBS LIABILITY UNDER THIS
the coverage period for any additional or substituted equipment to assure common renewal dates. AGREEMENT IS LIMITED TO THE COVER DAMAGES ON THE COST OF ALTERNATE MAINTENANCE SERVICES
All CONSUMABLES PURCHASED BY THE CUSTOMER, KMBS SHALL NOT BE LIABLE FOR ANY DAMAGES,
6. SERVICE INCLUDED: This Agreement covers labor or routine, remedial and preventive maintenance INCLUDING BUT NOT LIMITED TO, DAMAGES DUE TO LOSS OF DATA OR INFORMATION OF ANY KIND,
service as well as remedial parts. All part replacements shall be on an exchange basis with new or LOSS OF OR DAMAGE TO REVENUE, PROFITS OR GOODWILL, DAMAGES DUE TO ANY INTERRUPTION OF
refurbished items. Emergency service calls will be performed at no extra charge during normal business BUSINESS, DAMAGE TO CUSTOMERS COMPUTERS OR NETWORKS, EVEN IF KMBS HAS BEEN ADVISED OF
hours. Unless otherwise indicated, normal business hours are 8:30 a.m. to 5:00 p.m., Monday through THE POSSIBILITY OF SUCH DAMAGES.
Friday, exclusive of holidays observed by KMBS. Overtime charges, at KMBS then current rate, will be
charged for all service calls outside normal business hours. In addition to any other rights hereunder, KMBS 21. APPLICABLE LAW: This Agreement shall be governed by the laws of the State of New York without regard
reserves the right to delete discontinued equipment from this Agreement if parts become unavailable for to choice of law principles. In the event of litigation or other proceedings by KMBS to enforce or defend any
discontinued equipment, term or provision of this Agreement, Customer agrees to pay all costs and expenses sustained by KMBS,
including but not limited to, reasonable attorney's fees. Customer further agrees to litigate any dispute
7. PREVENTIVE MAINTENANCE: Preventive Maintenance shall be performed on the equipment at the concerning this matter in the courts of the state of New Jersey, consents to jurisdiction in that forum and
intervals Wined by the Technical Service Manuals for the particular model. Preventive Maintenance will waives the right to jury trial,
include cleaning, lubricadon, adjustment, and may be made at the same time remedial service is being
performed. KMBS technicians do not carry or deliver consumable supplies (toner, developer, etc.). It is the 22. FORCE MAIEURE: Neither party shall be responsible for delays or failure in performance of this Agreement
Customers responsibility to have the necessary supplies available for the Technician's use. (other than failure to make payment) to the extent that such party was hindered in its performance by any
act of God, civil commotion, labor dispute, o any other occurrence beyond its reasonable control.
8. vCARE MONITORING: As an option to the service and maintenance provided herein, KMBS offers vCare
monitoring for automated meter collection, service diagnostics, and reporting technical malfunctions. If such 23. SEVERABILITY. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable,
option is elected, customer hereby consents to the use of vCare device relationship management System and then that provision shall be deemed severable from this Agreement and shall not affect the validity and
certifies, pursuant to the vCare Customer Acceptance Form, that a suitable network environment which enforceability of the remaining provisions of this Agreement.
facilitates POP3 and /or SMTP email communication between the KMBS MFP(s) at the customer's site and
KMBS central vCare email server is available to deploy the vCare monitoring option. KMBS will provide the 24. WAIVER: Failure by KMBS to enforce any provisions of this Agreement or any rights hereunder, or failure to
MFP with a specific email address and POP3and /or SMTP email service for customers who consent to the exercise any election provided for herein, shall in no way be considered a waiver of such provisions, rights, or
vCare monitoring option for their maintenance Agreement. Customer understands that all rights to vCare elections, or in any way affect the party's right to later enforce or exercise the Same or other provisions,
remain with KMBS and that customer is not purchasing vCare software, but rather authorizing KMBS to utilize rights, or elections it may have under this Agreement,
the capabilities of vCare software running on KMBS' central vCare server, which includes email communication
between the MFP and the central vCare server through the customers network. 25. ORIGINAL DOCUMENT: Customer further agrees (a) that facsimile or electronic signatures shall be
accepted as original signatories; and (b) that this Agreement or any document created pursuant to this
9. ACCESS: Customer shall provide KMBS' personnel with free and full access to the equipment and any Agreement, may be maintained in an electronic document storage and retrieval system, a copy of which shall
necessary operating time for the purposes of furnishing maintenance services. Customer shall arrange and be considered an original. KMBS may accept orders electronically from Customer pursuant to this Agreement.
insure that one of its employees is present at all times when KMBS personnel perform maintenance services. Neither party shall raise any objection to the authenticity of this Agreement or any document created
hereunder, based m either the use of a facsimile signature or the use of a copy retrieved from an electronic
AGE C wr, d:r,av, ulgcs r ad: that r '^7o•;r Cr ctoa;e T,-
representative of KMBS has any authority to bind KMBS u to any affirmation, promise representation, or
warranty concerning any of the equipment or services. Unless an affirmation, promise, representation, or 26. SUPPLIES INCLUDED IN THE BASE /PRINT CHARGE: If this option has been selected, KMBS (or
warranty is specifically set forth in this Agreerrient it does not form a basis of this bargain and shall not be designated servicer) will provide Customer with supplies, including but not limited to toner, developer, copy
enforceable against Kl cartridges, staples and PM kits "Consumable Supplies throughout the term of this Agreement Customer
agrees that the Consumable Supplies are KMBS property until used by Customer. Customer will use
11. DISCLAIMER: This Agreement does not cover service required due to malfunction of parts, attachments, or Consumable Supplies only with the contracted Equipment and run them to their cease-furction point.
supplies of ncn -KMBS manufacture. When the use of a particular supply item may cause machine damage or Customer shall not remove the Consumable Supplies from the fixation designated as Customer's address m
require excessive servicing, KMBS, upon notice to Customer, will not continue remedial or preventive service the first page of this Agreement- Customer will return any unused Corsumable Supplies to KM85 at the end
for that equipment By introducing supplies of differing manufacture into the KMBS equipment Customer of this Agreement. Customer shall use reasonable care to store and protect KMBS Consumable Supplies
accepts the responsibility to pay for any remedial or corrective service required. Any alterations, located at Customers location for Customer's convenience. Customer bears risk of loss of KMBS unused
modifications or changes to the equipment by someone other than KMBS, including Customer, may result in Consumable Supplies in the event of theft, fire or other mishap. Should Customer's use of Consumable
termination of this Agreement. Without prior authorization, this Agreement does not apply to any equipment Supplies exceed the typical use pattern (as determined solely by KMBS) for these items by more than 10 or
which ceases to be at the customer location described on the reverse side hereof. This Agreement does not should KMBS, in its sole discretion, determine that Consumable Supplies are being abused in any fashion,
apply to any equipment lost or damaged through accident, abuse, misuse, theft, neglect, acts of third parties, Customer agrees that KMBS Shall have the right to charge for any such excess or improper usage,
fire, water, casualty or any other natural force, and any loss or damage occurring from any of the foregoing is
specifically excluded from this Agreement. 27. ENTIRE AGREEMENT: This is the entire Agreement between Customer and KMBS and supersedes any
proposal or prior agreement, oral or written, or any other communicafims relating to maintenance services
12. AUTOMATIC RENEWAL: Service on individual equipment shall automatically be extended for successive for KMBS equipment and it may not be released, discharged, changed, or modified except by an instrument in
one year terms at the rates being charged by KMBS at the time of renewal unless Customer or KMBS provides writing signed by a duly authorized representadve of each party. Customer agrees that any Purchase Order
the other party thirty (30) days written notice before the and of the current term of its intention not to renew or other documentation issued to KMBS covering the equipment or maintenance is issued for purpose of
this Agreement. Upon renewal, either party may cancel this Agreement, with or without cause, upon thirty authorization and Customers Internal use only, and any terms and conditions contained therein shall not
(30) days written notice to the ether party. Upon cancellation pursuant to this paragraph, Customer will be modify or add be the terms and Conditions of this Agreement This Agreement will not be effective until
billed for service through the effective date of cancellation. accepted by an authorized representative of KMBS. Notice of acceptance is hereby waived by Customer.
KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC. 100 Williams Drive Ramsey, NJ 07446
201 825-000 www.kmbs.konicaminolta.us Form: 1002. 111608 -C
Prescribed by State Board of Accounts City Form No. 201 (Rev 1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show, kind of service, where r
performed, dates of service rendered, by whom, rates per day, number of units,
price per unit, etc.
Payee
354781
KONICA MINOLTA BUSINESS SOLUTIONS Purchase Order No.
3719 W 96TH ST Terms
INDIANAPOLIS, IN 46268 Due Date 7/28/2009
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
7/28/2009 148154 $830.15
hereby certify that the attached invoice(s), or bill(s) is (are) true and
orrect and I have audited same in accordance with IC 5- 11- 10 -1.6
Date Officer
6
VOUCHER 096118 WARRANT ALLOWED
354781 IN SUM OF
KONICA MINOLTA BUSINESS SOLUTI(
3719 W 96TH ST
INDIANAPOLIS, IN 46268
Carmel Wastewater Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO INV ACCT AMOUNT Audit Trail Code
148154 01- 7362 -05 $442.75
148154 01- 7360 -07 $166.03
148154 01- 7360 -08 $221.37
x
J
P
Voucher Total $830.15
Cost distribution ledger classification if
claim paid under vehicle highway fund
I
ICONICA MINOLTA BUSINESS
SOLUTIONS U.S.A INC
2842 RANI:) RD
INDIANAPOLIS IN 46211
IWNICA MINOLTA
*Place your service calls, meter reads
and order supplies on line with MyKMBS.com.
Ask, your Sales or Service re presentative for Dore deta ils.* R
CITY OF CARMEL M AINTENANCE AG REEMENT
I CIVIC SQ
CARMEL W 46032 Number/Date 41.354978 06/19/2'009
Roferenre number/Date.-
Commencement Meter
MIA Motor Expiration
1 Sales Location S INDIANAPOLIS
Ship -to address m�m Partner number 148154
CARMEL UTILITIES
ATTN: LISA Validity period 08/03/2009 to 08/02/2010
760 3RD AVE S.W Volume: 86,000
STE 110
CARMEL IN 46032
tem 10aterial [Yescription
Qty Price Price unit Value
Serial no.: 31746788 4011311 D1351 COPIER
31725212 4021311 *DI183 COPIER /PRINTER (,S
31756618 4012311 *DI251 COPIER
31746785 4011311 DI351 COPIER
000001 7670999202 Service Supply Contract Digital
1 EA 1,771.00 USD 1,771.00
NOTE: ONE COPY IS COUNTED FOR EACH 8.5 X 11 .INCH IMAGE
Under the items of this program, customers purchasing this agreement
will be entitled to labor, transportation costs, all replacement parts,
black starter, staples, imaging units as required, and black toner
based on 6% toner usage ratio and number of copies purchased, excluding
_paper, Customer may renew. agreement when the copies purchased are- used
within the agreement period. Customer also may need to purchase
additional toner based on customers application.
Items total 1,771.00
Tax Total 0.00
FINAL AMOUNT 1,771.00
When -this Agreement:is signed:by the Customer.and the Branch Service; Manager, _.it shall iconstitute a Binding,. Agreement.
PLEASE READ REVERSE SIDE OF AGREEMENT FOR ADDITION L TERMS AND CONDITIONS.
MBS, a KON MINOLTA BUSINESS OLUTI�NS U..S.A., INC. company
b by md-.� ��f
Customer Signature Date KVVBS Service Rep Date
by
Title KMBS Service Manager Date
This AGREEMENT MUST BE. RETURNED ALONG WITH PAYMENT to the Service Location listed above. Please be sure to enter the
COMMENCEMENT METER READING and add STATE and LOCAL TAXES to paymerit. AUTHORIZED SIGNATURE is required to process this
Agreement.
Prescribed by State Board of Accounts City Form No. 201 (Rev 1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show, kind of service, where
performed, dates of service rendered, by whom, rates per day, number of units,
price per unit, etc.
Payee
354781
KONICA MINOLTA BUSINESS SOLUTIONS Purchase Order No.
2842 RAND RD. Terms
INDIANAPOLIS, IN 46241 Due Date 7/28/2009
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
7/28/2009 148154 $940.85
hereby certify that the attached invoice(s), or bill(s) is (are) true and
orrect and I have audited same in accordance with IC 5- 11- 10 -1.6
Date Officer
VOUCHER 092567„ WARRANT ALLOWED
354781 IN SUM OF
KONICA MINOLTA BUSINESS SOLUTI(
2842 RAND RD.
INDIANAPOLIS, IN 46241
Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO INV ACCT AMOUNT Audit Trail Code
148154 01- 6360 -06 $442.75
148154 01- 6360 -07 $276.72
148154 01- 6360 -08 $221.38
r
1
Voucher Total $940.85
Cost distribution ledger classification if
claim paid under vehicle highway fund