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HomeMy WebLinkAbout168083 01/21/2009 CITY OF CARMEL, INDIANA VENDOR: 354781 Page 1 of 1 0 ONE CIVIC SQUARE KONICA MINOLTA BUSINESS SOLUTIO AMOUNT: $5,435.00 CARMEL, INDIANA 46032 2842 RAND RD 'V, INDIANAPOLIS IN 46241 CHECK NUMBER: 168083 CHECK DATE: 1/21/2009 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1120 4351501 41339226 5,435.00 EQUIPMENT.MAINT CONTR I i I KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC. 2842 RAND RD INDIANAPOLIS IN 46241 KONICA MINOLTA *Place your service calls, meter reads and order supplies on line with MyKMBS.com. Ask your Sales or Service representative for more details.* CARMEL FIRE DEPT CITY OF MA INTENAN C E AGREEMENT f CARMEL ATTN DENISE SNYDER Number /Date 41339226 11/05/2008 2.CARMEL CIVIC SQ Reference number /Date CARMEL IN 46032 Commencement Meter M/A Meter Expiration Sales Location KMBS INDIANAPOLIS Ship -to address Partner number 149242 CARMEL FIRE DEPT CITY OF CARMEL Validity period 01/04/2009 to 01/03/2010 ATTN JEAN JUNKER Volume: 205,000 2 CARMEL CIVIC SQ CARMEL IN 46032 Item Material I.Jescription Qty Price Price unit Value Serial no.: 310600 1156315 EP5000 COPIER- 313357 4002311 *D1550 COPIER 31001669 4396311 *D17210 DIGITAL PRINTER /COP ER 000001 7670999202 Service Supply Contract Digital 1 EA 5,435.00 USD 5,435.00 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 5,435 Tax Total 0.00 FINAL AMOUNT 5,435.00 When this Agreement is signed by the Customer and the Branch Servic anager, it shall constitute a Binding Agreement. -PLEASE READ REVERSE SIDE OF AGREEMENT FOR ADDIT AL TER S D ONDITIONS. MBS, a K IC M 0 TA S S L 1 U:S:A. I C. ny "A: Custom Signature Date KMBS Servic ep 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 MAINTENANCE TERMS AND CONDITIONS "SCHEDULE A" 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 Solutions USA, Inc. (KMBS) Customer during the tens of this Agreement business purposes, and not for personal, family, or household purposes. T 7 1. PAYMENT: Payment is due within thirty (30) days from the date of the invoice. Should the customer fall 14. NETWORK INTEGRATION: If Network Integration services are provided by KMBS, Customer to make any payment due hereunder, or be or become insolvent or be a party to or acquiesce in any warrants that the KMBS Digital Needs Analysis ("DNA) has been accurately completed and KMBS may bankruptcy or receivership proceeding or any similar action affecting the affairs or property of Customer, or rely on the information contained in the DNA in providing network integration services. KMBS reserves violate any aspect of this Agreement, KMBS may (1) refuse to continue to service the equipment and may the right to assess additional charges for service due to Customer's modification of its network, enter Customer's premises to recover any property or equipment owned by KMBS or (2) furnish service on a software, or operating system(s). time, travel and material basis, without prejudice to any other remedies KMBS may have. If Customer fails to make any payment when due pursuant to this Agreement, there will be a service charge of one and one- 15. RELOCATION: Relocation or make ready shipment of equipment is not covered by this maintenance half percent (1 112 per month of the total amount due or the maximum legal interest rate allowed by Agreement. This service, when requested, will be at the then billable rate of KMBS. law, whichever is less. Reasonable costs, including counsel fees, shall be recoverable by KMBS in the event collection activities, including litigation, are required to collect outstanding amounts due under this 16. ASSIGNMENT: Customer may not assign this Agreement, without KMBS' express written consent. In Agreement. NO CASH PAYMENTS ACCEPTED. Accepted manners of payment are by major credit card or the event that KMBS assigns or subcontracts any of its obligations under this Agreement, KMBS shall checks made payable to KMBS. remain primarily responsible to perform those obligations. Any claim or defense Customer may have relating to those obligations must be asserted only against KMBS and not its assignee. KMBS may 2. METER READINGS: Customer will provide accurate and timely meter readings at the end of each billing assign, without notice to Customer, any of its rights under this Agreement. period in a manner prescribed by KMBS. KMBS charges for each copy or print, performed by the KMBS equipment included in the contract A copy or print shall be defined as the generation of any document or 17. NOTICES: All notices required to be given under this Agreement shall be in writing and shall be sent image on the KMBS equipment. For purposes of this Agreement, all such uses of KMBS equipment shall be by U.S. first class mail to the parties as follows: To Customer at the address listed on the front of this referenced herein as a "copy." KMBS shall have access to monitor the meter readings and If meter readings Agreement and to KMBS, at 100 Williams Drive, Ramsey, NJ 07446, Attention: Office of Direct are not received in a timely manner, KMBS may obtain or estimate them and Customer agrees to pay for Administration. maintenance services based on estimated meter readings. Customer shall not alter or attempt to alter actual meter reading. Each 8 "x 11" copy will recorded as a single meter dick. 11' x 17" copies may count as a 18. INDEMNIFICATION: Customer shall bear all risk of theft, loss or damage not caused by KMBS single or double click depending on contract. (see first page of this Agreement for actual charge imposed employees or agents, to all Equipment delivered and accepted under this Agreement. Customer agrees under this Agreement). KMBS reserves the right, in its sole discretion, to prospectively cancel single click to indemnify, defend and hold harmless KMBS, its officers, directors, employees and agents from all charges Agreements for 11 "x17" copies should actual usage patterns differ from expected usage patterns. loss, liability, claims or expenses (including reasonable attorney's fees) arising out of Customer's use of Duplexed copies shall be counted as two meter clicks. For models equipped with banner printing the equipment, including but not limited to liabilities arising from illegal use of KMBS equipment as well capabilities, the following meter click charges shall apply: 18 "x27" 3 clicks; 27 "06" 4 clicks; 36 "x47" as bodily injury, including death, or property damage to any person, unless said injuries, death or 5 clicks• property damage was caused solely as the result of a negligent or intentional act or omission by KMBS. 3. SITE PREPARATION: Customer shall ensure that equipment is placed in an environment that conforms 19. WARRANTY: KMBS WARRANTS THAT THE SERVICES SHALL BE PERFORMED IN ACCORDANCE WITH with the manufacturer's specifications and requirements and will bear all cost and expense for any THE MANUFACTURER'S RECOMMENDATIONS AND SPECIFICATIONS FOR THE EQUIPMENT. KMBS additional necessities required for installation such as telephone and electrical wiring, remodeling, and noise MAKES NO OTHER WARRANTIES WHATSOEVER EXPRESS OR IMPLIED WITH REGARD TO THE and power filters. Any electrical work external to the equipment (i.e. associated peripheral equipment, SERVICE, THE SOFTWARE INCLUDED WITH THE EQUIPMENT OR ITS INSTALLATION, AND power, transmission and phone lines, and modems) and equipment line cord is not covered by this MAINTENANCE, AND EXPRESSLY EXCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND Agreement FITNESS FOR A PARTICULAR PURPOSE. 4. COMMENCEMENT OF SERVICE: The equipment must be in good condition on the commencement date 20. REMEDY LIMITATIONS: The equipment may not be returned to KMBS without KMBS' written of this Agreement KMBS charges for parts and labor required to place the equipment in such condition consent. CUSTOMERS EXCLUSIVE REMEDY FOR BREACH OF WARRANTY SHALL BE REPAIR OF THE unless covered under any applicable warranties or a continuous maintenance Agreement. KMBS will invoice EQUIPMENT OR REPLACEMENT OF A NONCONFORMING PART, AT THE OPTION OF KMBS. THE the customer and this will be in addition to the price set forth on the reverse hereof. PARTIES WAIVE THEIR RESPECTIVE RIGHTS TO SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES FOR ANY PROVEN BREACH OF THIS AGREEMENT (INCLUDING WARRANTY). 5. ADDITIONAL EQUIPMENT: No maintenance service for additional or substituted equipment will be THE PARTIES DO RESERVE THE RIGHT TO RECOVER CONTRACT DAMAGES ALLOWED VIA THIS provided by KMBS until it is accepted by KMBS, in writing, for coverage. KMBS reserves the right to adjust AGREEMENT. KMBS' LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE COVER DAMAGES ON the coverage period for any additional or substituted equipment to assure common renewal dates. THE COST OF ALTERNATE MAINTENANCE SERVICES AND /OR CONSUMABL ES PURCHASED BY THE CUSTOMER. KMBS SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, 6. SERVICE INCLUDED: This Agreement covers labor or routine, remedial and preventive maintenance DAMAGES DUE TO LOSS OF DATA OR INFORMATION OF ANY KIND. LOSS OF OR DAMAGE TO service as well as remedial parts. All part replacements shall be on an exchange basis with new or REVENUE, PROFITS OR GOODWILL, DAMAGES DUE TO ANY INTERRUPTION OF BUSINESS, DAMAGE refurbished items. Emergency service calls will be performed at no extra charge during normal business TO CUSTOMER'S COMPUTERS OR NETWORKS, EVEN IF KMBS HAS BEEN ADVISED OF THE hours. Unless otherwise indicated, normal business hours are 8:30 a.m. to 5:00 p.m., Monday through 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 reserves the right to delete discontinued equipment from this Agreement If parts become unavailable for regard to choice of law principles. In the event of litigation or other proceedings by KMBS to enforce or discontinued equipment defend any term or provision of this Agreement, Customer agrees t7 pay all costs and expenses sustained by KMBS, including but not limited to, reasonable attorney's fees. Customer further agrees to 7. PREVENTIVE MAINTENANCE: Preventive Maintenance shall be performed on the equipment at the litigate any dispute concerning this matter in the courts of the state of New Jersey, consents to intervals defined by the Technical Service Manuals for the particular model. Preventive Maintenance will jurisdiction in that forum and waives the right to jury trial. indude cleaning, lubrication, 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 Customer's responsibility to have the necessary supplies available for the Technician's use. Agreement (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, or any other occurrence beyond its 8. VCARE MONITORING: As an option to the service and maintenance provided herein, KMBS offers vCare reasonable control. monitoring for automated meter collection, service diagnostics, and reporting technical malfunctions. If such option is elected, customer hereby consents to the use of vCare device relationship management 23. SEVERABILITY: If any provision of this Agreement shall be unlawful, void or for any reason system and certifies, pursuant to the vCare Customer Acceptance Forth, that a suitable network unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect environment which facilitates POP3 and /or SMTP email communication between the KMBS MFP(s) at the the validity and enforceability of the remaining provisions of this Agreement customer's site and KMBS central vCare email server is available to deploy the vCare monitoring. option._. I KMBS wp =,ide the ,FP with a specific email address and POP3and /or SMTP email service for customers 24. WAIVER: Failure by KMBS to enforce any provisions of this Agreement or any rights hereunder, or who consent to the vCare monitoring option for their maintenance Agreement. Customer understands that failure to exercise any election provided for herein, shall in no way be considered a waiver of such all rights to vCare remain with KMBS and that customer is not purchasing vCare software, but rather provisions, rights, or elections, or in any way affect the party's right to later enforce or exercise the authorizing KMBS to utilize the capabilities of vCare software running on KMBS' central vCare server, which same or other provisions, rights, or elections it may have under this Agreement includes email communication between the MFP and the central vCare server through the customer's network. 25. ORIGINAL DOCUMENT: Customer further agrees (a) that facsimile or electronic signatures shall be accepted as original signatures; 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 necessary operating time for the purposes of furnishing maintenance services. Customer shall arrange and shall be considered an original. KMBS may accept orders electronically from Customer pursuant to this insure that one of its employees is present at all times when KMBS personnel perform maintenance services. Agreement. Neither party Shall raise any objection to the authenticity of this Agreement or any document created hereunder, based on either the use of a facsimile signature or the use of a copy 10. SELLER'S AGENTS: Customer acknowledges that It has been advised that no agent, employee, or retrieved from an electronic storage system. representative of KMBS has any authority to bind KMBS 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 Agreement 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, enforceable against KMBS. copy 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 11. DISCLAIMER: This Agreement does not cover service required due to malfunction of parts, attachments, will use Consumable Supplies only with the contracted Equipment and run them to their cease function or supplies of non -KMBS manufacture. When the use of a particular supply Item may cause machine point Customer shall not remove the Consumable Supplies from the location designated as Customers damage or require excessive servicing, KMBS, upon notice to Customer, will not continue remedial or address on the first page of this Agreement. Customer will return any unused Consumable Supplies to preventive service for that equipment By introducing supplies of differing manufacture into the KMBS KMBS at the end of this Agreement Customer shall use reasonable care to store and protect KMBS equipment Customer accepts the responsibility to pay for any remedial or corrective service required. Any Consumable Supplies located at Customer's location for Customer's convenience. Customer bears risk of alterations, modifications or changes to the equipment by someone other than KMBS, including Customer, loss of KMBS unused Consumable Supplies in the event of theft, fire or other mishap. Should Customer's may result in termination of this Agreement. Without prior authorization, this Agreement does not apply to use of Consumable Supplies exceed the typical use pattern (as determined solely try KMBS) for these any equipment which ceases to be at the customer location described on the reverse side hereof. This items by more than 10 or should KMBS, in its sole discretion, determine that Consumable Supplies Agreement does not apply to any equipment lost or damaged through accident, abuse, misuse, theft, are being abused in any fashion, Customer agrees that KMBS shall have the right to charge for any such neglect, acts of third parties, fire, water, casualty or any other natural force, and any loss or damage excess or improper usage. 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 12. AUTOMATIC RENEWAL: Service on individual equipment shall automatically be extended for successive any proposal or prior agreement, oral or written, or any other communications relating to maintenance one year terms at the rates being charged by KMBS at the time of renewal unless Customer or KMBS services for KMBS equipment and it may not be released; discharged, changed,.or modified except by an provides the other party thirty (30) days written notice before the end of the current term of its intention instrument in writing signed by a duly authorized representative each party. Customer agrees that' not to renew this Agreement. Upon renewal, either party may cancel this Agreement, with or without any Purchase Order or other documentation issued to KMBS covering the equipment or maintenance is cause, upon thirty (30) days written notice to the other party. Upon cancellation pursuant to this issued for purpose of authorization and Customers internal use only, and'any,terms''and conditions paragraph, Customer will be billed for Service through the effective date of cancellation. contained therein shall not modify or add to the terms and `conditions of this Agreement. This Agreement will not be effective until accepted by an authorized representative of KMBS. Notice of acceptance is hereby waived by Customer. 1100 072908 -C KONICA MINOLTA Date: 1 2 4 Ref# *PARTS DISCLAIMER CLAUSE It is understood and agreed between Konica Minolta Business Solutions U.S.A., and the customer that certain parts for the copiers covered by this Maintenance Agreement may be difficult to obtain, due to the age of the copier. Konica Minolta Business Solutions U.S.A., Inc. will exalt all means to obtain the part from any warehouse or idle equipment from our stock. If at that time the part can't be obtained by Konica Minolta Business Solutions U.S.A., Inc. then Konica Minolta Business Solutions U.S.A. Inc. may terminate this copier from your existing contract with all unused copies available for use on the remaining machines on your contract. Model E ll jdz SN# J/ Return a signed copy of this form, with your signed Maintenance Agreement. Customer: i Signature: r Date: The essentials of imaging 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 service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) Copy Machine Maintenance $5,435.00 I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 Konica Minolta IN SUM OF 13847 Collections Center Drive Chicago,, IL 60693 $5,435.00 ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members 1120 43- 515.01 $5,435.00 1 hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except JAN 16 2009 Fire Chief Title Cost distribution ledger classification if claim paid motor vehicle highway fund