CM-09-01-010BILL TO:
Archive Supplies, Inc.
8925 Sterling Street Ste.150
Irving, Texas 75063
Tel: (972) 823-4040
Tel: (800) 466-8333
Fax: (972)823-4050
www.archivesupplies.com
MAINTENANCE AGREEMENT
CITY OF ROUND ROCK
301 W. BAGDAD ST.,#210
ROUND ROCK, TEXAS 78664
PHONE: 512-218-5426
MACHINE LOCATION:
CITY OF ROUND ROCK - PLANNING
301 W. BAGDAD ST.,#210
ROUND ROCK, TEXAS 78664
PHONE: 512-218-5426
COVERAGE PERIOD
FROM: TO:
11/1/2008 11/1/2009
MODEL
SERIAL
NO.
OCE MAINTENANCE AGREEMENT
RENEWAL CONTRACT
RATE
OCE 7051
3064
$600.00
CONTRACT TERMS
$600.00 PER YEAR PLUS $.045 PER LINEAR FOOT
Price Stipulations: Service pricing based on 100% usage of toner &
paper supplies being purchased from Archive Supplies, Inc. Any
media & toner products not purchased from Archive Supplies, Inc.
will result in pricing being doubled.
The equipment listed is to be maintained subject to the terms and conditions on the reverse side of this agreement.
This agreement does not cover operator abuse, neglect and is valid only with the use of OEM products and parts.
Contract does not include glass parts, and consumable items such as toner, developer and receptacles.
Relocation of Digital equipment is not included under this agreement, any type of relocation will require a Service Technician and
Service call charges will be applied.
CUSTOMER
SIGNATURE:
PRINT
NAME: Jame ' . Nuse, P.E.
TITLE: City Manager
DATE:
atoUA.'J 1� 2q9
ARCHIVE SUPPLIES SIGNATURE:
PRINT
NAME: Richard Fisher
TITLE: Treasurer
DATE: 10/07/2008
ARCHIVE SUPPLIES FULL SERVICE MAINTENANCE TERMS AND CONDITIONS
1. AGREEMENT
A. This Agreement covers only equipment described on the face hereof and
does not include any equipment or accessories not listed thereon.
B. During the term of this Agreement, specified on the face hereof, Archive
Supplies will maintain the Equipment in good working order in accordance
with the terms and conditions set forth.
C. This Agreement may not be assigned by Customer. Cancellation requires a
30 -day written notice and is subject to penalty as set forth in Paragraph 4.
D. Specifically excluded from this Agreement are consumable supplies
necessary to test or operate equipment covered through this Agreement
unless otherwise specified. Consumable supplies are designated as those
supplies listed on the currently published Consumable Supply Price Sheet.
E. All taxes levied or imposed, now or hereafter, by any government
authority shall be timely paid by the customer.
F. This Agreement provides service for the Equipment at the address
specified on the face hereof. Customer agrees to be responsible for all cost
associated with relocation initiated by the customer.
G. In the event any equipment is moved to another location, this agreement
is subject to an appropriate adjustment in the annual rate and meter change
where applicable,
2. INVOICE/PAYMENT
A. Maintenance Agreement charges are made payable in advance as
specified on the face hereof. Renewal agreements will be at Archive
Supplies' prevailing rates at the annual renewal date.
B. With respect to Equipment subject to an associated meter charge.
Customer agrees to provide meter readings to Archive Supplies either by
phone, email, or as specified by Archive Supplies. If meter readings are not
provided promptly to Archive Supplies, meter charges may be estimated and
invoiced accordingly.
C. Invoices are payable on receipt.
3. FULL SERVICE MAINTENANCE
A. Service, as specified on the face hereof, will be provided by Archive
Supplies or its designated authorized dealer during normal business hours.
Service beyond Archive Supplies normal business hours shall be furnished
upon Customer's request on an "if available" basis at the "After Hours" rates
for labor and travel in effect at the time such service work is performed.
B. Customer agrees to provide Archive Supplies access to the Equipment for
performance of the Periodical Maintenance Program as specified by Archive
Supplies at a mutually agreed upon time or during performance of other
maintenance service hereunder.
C. Archive Supplies has the right to install or replace developer if applicable
to maintain good copy quality in performance of this Agreement.
D. All parts determined to be irreparable by Archive Supplies will be replaced
under Archive Supplies sole judgment. Replaced parts become the property
of Archive Supplies.
E. Archive Supplies will install, without additional charge, improvements
designated by Archive Supplies as a "mandatory retrofit" for equipment.
F. The basic maintenance fee does not include, and Archive Supplies is not
obligated to provide or perform: a. Repair of damage or increase in service
time caused by (i) failure of customer to provide continually a proper
operating environment and supply of power as prescribed by equipment
manufacture, (ii) accident, (iii) disaster, which shall include but not limited to
fire, flood, water, wind and lightening, (iv) neglect, abuse or misuse, (v)
failure of Customer to follow the equipment manufacture's published
operating instructions, (vi) mediation, service of repair of the equipment by
other operating instructions, (vii) use of the equipment for purposes other
than for which designed, (viii) use of incompatible supplies, (ix) defects or
errors in software supplied persons other than Archive Supplies, or (x)
customer's denial of full and free access to the equipment or denial of
departure from customer's site.
b. Painting or refinishing the equipment or furnishing the material therefore.
c. Relocation of equipment. d. Electrical work external to the equipment. e.
Maintenance of optional components, accessories, peripherals or other
optional devices not specifically listed in this Agreement. Installation or
removal of equipment, components, accessories, peripherals or service parts,
except pursuant to maintenance service which Archive Supplies has agreed
to perform under this Agreement. g. Software maintenance, support,
AutoCAD upgrades and any additional training. h. Service of equipment that
results from modifications, alterations, connections, changes in configuration
or failure of operation of any EXTERNAL device, peripheral, host computing
equipment or software not under the control of Archive Supplies I. Network
installation, maintenance, reconfiguration ' • r support. Network support is
available at an additional charge. X Initials
G. Repetitive service resulting from either : re in replacing or updating
recommended supplies which have excee. • . eir use through damage of
normal wear or the performance of key ope •tor duties as set forth during
operator training at time of installation of Equipment will be subject to
charge at the current prevailing rates in effect.
H. When service work beyond the scope of this Agreement is required,
Archive Supplies will submit a cost estimate for such service work as
authorized by the Customer. A separate invoice will be rendered.
4. BREACH/CANCELLATION
A. Archive Supplies may cancel this Agreement on breach by Customer of
any term and conditions herein, without prior notification.
B. In the event of cancellation initiated by the Customer, Archive Supplies
must receive cancellation notice from Customer 30 days in advance.
C. Upon termination of this Agreement either by breach or cancellation.
Customer shall forfeit all payments made annually in advance plus the square
foot meter charge for 30 days from the effective date of notice of
cancellation. If the specified Agreement on the face hereof is an annual
contract with the minimum charge payable monthly in advance, the
Customer will remain liable for the remaining monthly charges until the
termination of the contract period as specified on the face hereof plus the
square/linear meter charge for 30 days from the effective date of notice of
cancellation.
5. FORCE MAJURE
A. Archive Supplies shall not be responsible for failure to render service due
to causes beyond its control.
6. GENERAL PROVISIONS
A. Equipment operators: Customer shall provide specified equipment
operators trained to perform key operator duties as set forth during operator
training at the time of Equipment installation.
B. Notices: All notices made pursuant to this Agreement will be effective
upon mailing to Archive Supplies and the Customer at the addresses on the
face hereof.
C. Headings: The headings and titles of the Agreement are inserted only for
convenience and shall not affect the interpretation or construction of a
provision.
D. Governing Law: The Agreement will be governed by and construed
according to the laws of the State of Texas.
7. ENTIRE AGREEMENT
A. This Agreement shall become effective only after execution by Customer
and Archive supplies in the space provided. It is expressly understood that
no further form of acceptance, verbal or written, will be valid or binding and
that this Agreement shall constitute the entire Agreement between the
Customer and Archive Supplies with respect to its subject matter,
irrespective of inconsistent or additional terms and conditions in Customer's
Purchase Orders and any other documents submitted to Archive Supplies by
Customer, or in, representations made by Archive Supplies personnel.
DATE: January 12, 2009
SUBJECT: City Manager Approval - January 16, 2009
ITEM: Consider executing a renewal contract with Archive Supplies, Inc.
for maintenance on blueprint copier machine in the amount of
$600.00 per year.
Department: Planning and Community Development
Staff Person: Jim Stendebach, Planning Director
Vickie Moreno, Office Manager
Justification:
The purpose of the Maintenance Agreement with Archive Supplies, Inc. is to
maintain the OCE 7051 (black and white) copier in good working order in
accordance with the terms and conditions of the agreement.
Funding:
Cost:
$600.00
Source of funds: General Fund / Maintenance Contract - Office Equipment
Outside Resources: None.
Background Information:
The appropriate Purchasing personnel have reviewed the maintenance
agreement and have sent it to the Legal Department for final review. The Legal
Department has reviewed and approved the Maintenance Agreement
provided by Archive Supplies, Inc.
Public Comment: N/A
UPDATED APRIL 2008