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CM-12-09-184ROUND ROCK, TEXAS PURPOSE PASSION PROSPERITY Item Caption: �-,z-o9-1gc-r RECEIVED SEP 19 2012 City Manager Approval Form Consider executing a Maintenance and Inspection Service Contract with Bank Service and Equipment, Inc. Approval Date: September 21, 2012 Department Name: Finance Department Project Manager: Irma Mendoza Assigned Attorney: Contract Management Section Item Summary: During the remodel of Round Rock City Hall and the Utility Billing Section offices, a drive-thru pneumatic tube delivery system was installed thus giving the City's utility customers drive-thru capabilities when paying their bills. This agreement will provide inspection and maintenance for the system therefore keeping the equipment in good working order. No. of Originals Submitted: 2 Project Name: Maintenance and Inspection contract Cost: $390 per year Source of Funds: Utility Fund Source of Funds (if applicable): Select Source Fund Account Number: Finance Director Approval: Cheryl Delaney Date: 9/18/12 Department Director Approval: Cheryl Delaney Date: 9/18/12 **Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. ** CIP I I111 Budget N/A OK LI N/A OK Purchasing ILI N/A OK Accounting n l l N/A OK ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL REV. 6/20/11 Bank Service And Equipment P.O. BOX 2559 - 1407 SAM BASS ROAD - ROUND ROCK, TX. 78680 - (512)244-0188 MAINTENANCE AND INSPECTION SERVICE CONTRACT THIS AGREEMENT, made and meted into this 27th Subscriber's Name: City of Round Rock- Water Billion Department Street AAbess: 221 East Main Sten CONTRACT NUMBER 101909 day of Aurum. 2012 by PM between Bank Service and Equipmm of Austin. Tau, and County: Williamson City: Round Rock State: Toxo, Zip 71664 For and in consideration of the sum of S 390.00 payable in advance for the initial annual period of this contract Bank Service and Equipment agrees that it will by it's authorized representatives, inspect and maintain in good operating condition the equipment itemized on the attached Schedule(s) by performing scheduled maintenance and inspection services and/or emergency service as specified on such Schedule(s) upon proper notification to its General Offices at Austin, Texas or it's duly authorized service facility. Unless otherwise specified the equipment will be inspected twice annually. Bank Service and Equipment reserves the right to perform scheduled maintenance at the time emergency service is required. The Schedule(s) attached hereto, including the additional conditions thereof applicable to the equipment itemized, are incorporated herein as part of this agreement It is understood that additional equipment may be added to this contract for an additional fee. Such equipment will be identified in subsequent Schedule(s) to be attached hereto, showing the date on which service coverage will begin and the annual service fee for the equipment. The scheduled maintenance service will include inspection, cleaning, adjustment and lubrication, if required, of all electronic, electrical, and mechanical components. Unless otherwise excepted, replacement of necessary pars will be accomplished during the performance of the scheduled maintenance inspections and the Subscriber will pay current list prices then in effect for such replacements. If any equipment under service has been furnished by other than Bank Service and Equipment, it is agreed that it will be the responsibility of the Subscriber to procure necessary schematic drawings, wiring diagrams and replacement parts directly from the supplier of such equipment, to facilitate service. It is further understood and agreed that Bank Service and Equipment assumes no responsibility whatsoever for the failure of equipment furnished by others to perform the service for which it was intended, and the Subscriber hereby agrees to indemnify and hold harmless Bank Service and Equipment from any and all claims for loss or damage caused by the failure of such equipment. All parts and labor required to repair equipment damage incurred other than by normal wear and use, including, but without limitation to any provision in the additional conditions of this contract, damage due to elements or other casualty, to deliberate abuse or attack, or power failure/fluctuation, will be separately charged to the Subscriber at applicable prices and rotes then in effect for the Bank Service and Equipment service region. The fee for scheduled maintenance service under this contract does not cover or include parts and labor for relocation of equipment, change in set up or any major overhaul by Bank Service and Equipment If any item of the equipment shall have been relocated altered or serviced by persons other than Bank Service and Equipment representatives, Bank Service and Equipment reserves the right before servicing to inspect such equipment for damage resulting from such causes and to separately charge the subscriber for parts and labor required to repair the same at prices and rates then in effect for the Bank Service and Equipment service region; in the event the Subscriber refuses such inspection or repair, Bank Service and Equipment may at it's option upon notice and without liability to the Subscriber, delete any such equipment from this contract. The equipment under service shall, for the purpose of performing scheduled maintenance, be accessible at all reasonable times during normal working hours, which are considered 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays, to the properly authorized representative of Bank Service and Equipment and only in the constant presence of the Subscriber or his agent. Bank Service and Equipment will respond promptly to requests for emergency service during normal working hours and at such other times as may be necessary and authorized by the Subscriber, provided the Subscriber agrees to pay overtime rates for hours worked and/or traveled outside the hours prescribed above, and provided that an authorized representative of the Subscriber be on hand while the Bank Service and Equipment representative is at or on the Subscriber's premises. The service fee quoted herein is based on the understanding that the listed equipment will be operated on a one -shill basis during a standard work week. Where it is subsequently decided to operate the listed equipment for more than one shift on a continued basis, Bank Service and Equipment reserves the right to adjust the service fee commensurate with the increased use of the equipment. Itis agreed by both parties hereto, that this contract shall continue in force for a period of twelve months. It is further agreed that each annual period referred to shall be deemed to end at 12:00 midnight on the anniversary date of this contract. It is agreed by and between the parties hereto that Bank Service and Equipment is not an insurer, that the payments hereinbefore named are based solely on the value of the services provided herein; that, from the nature of the services to be rendered, it is impracticable and extremely difficult o fix the actual damages, if any, which may proximately result from a failure on the part of Bank Service and Equipment to perform any of its obligations hereunder, and a resulting loss to the Subscriber; that, therefore, the liability of Bank Service and Equipment hereunder shall be exclusively limited to and fixed (as liquidated damages and not as a penalty) at the sum of $200.00 or 10% of the service fee as enumerated in the Schedule covering the equipment concerned, whichever is greater, and Bank Service and Equipment shall not bc liable for any special, indirect, or consequential damages. The failure of the Subscriber to make any payment hereunder upon its due date of the failure by either party duty to perform any of its obligations hereunder shall constitute default hereunder without any wrinen notice of such default being required. Thc waiver of any default or defaults, shall not constitute waiver of any subsequent default or defaults. If any Bank Service and Equipment invoice is not paid within ninety (90) days from date of issuance, this contract will be cancelled and terminated, and the annual service fee will be pro -rated from the contract renewal date or any work performed in the renewal period will be billed at then -current prices and rates for services rendered, whichever is the greater SUM. No Federal, State, or local sales, use, excise, or other tax that may be levied or assessed upon any goods or service to be furnished under this contract of upon the sale, purchase, or use thereof, is included herein. Any such tax shall be paid by the Subscriber, and if by law Bank Service and Equipment is chargeable with collection or payment thereof, the same shall be added to the contract price. This agreement shall be binding upon and inure to die benefit of the legal representative, successors and assigns of Bank Service and Equipment and the Subscriber. There are no verbal understandings, changing, or modifying any of the terns of this agreement The parties mutually stipulate that any action for breach of or upon a matter arising out of this contract must be commenced within one year after the cause of action accrues or it is forever bared. If for any reason any provision of this contract, or the application of such provision to any person or circumstances or in any legal action, shall be found or held unenforceable or invalid in any state or other jurisdiction, such circumstances shall not have the effect of rendering the provision in question unenforceable or invalid as to any other person, circ(mstance or actio and shall not affect any other term or provision of this contract to any extent whatsoever. Name (Prim orType) a����1/Ny ���. Tit,C - 12 Desk AV / Bank Sen.ice and Equipment Contract Sovtce Manager Amin, Banc Service ad Equipment. Inc. P.O. Box 2559 Round Rock TX 7841ah-1570 09 /2 t /2ol2 °9 f'zt /zot3 Equipment Schedule City of Round Rock LOCATION SERVICED NAME 221 East Main Street ADDRESS OF LOCATION SERVICED Round Rock, Texas 78664 CITY STATE ZIP CONTRACT# 101909 Williamson PAGE: 1 of 2 COUNTY Water Billing Department BRANCH OR DEPARTMENT SERVICE BRANCH QUANTITY CODE MODEL MANUFACTURER DESCRIPTION SERIAL NUMBER EFFECT DATE ANNUAL FEE 1 700-01 American Vault Retail Remote System, with customer and teller units 8/27/2012 $390.00 1 1500A Audio Authority Audio system with one (1) Model 1500A employee audio console, Model 1520 lane station unit, and two power supplier. 8/27/2012 TOTAL $390.00 Terms and conditions attached. Bank Service and Equipment does not cover the audio components listed above under this warranty, but will manage the warranty, repair, and replacement of those parts (if necessary) with the manufacturer. The existing audio system was installed on June 2nd, 2012 and is under warranty until June 2nd, 2013. SUBSCRIBERS SIGNATURE NAME AND TITLE (PRINT OR TYPE) DATE ACCEPTED Bank Service and Equipment Mike Kremper CONTRACT SERVICE MANAGER ((\ 4A_yt When countersigned, this schedule and the above and/or attached terms applicable to the equipment itemized heron shall become a part of the maintenance and inspection service contract between Bank Service and Equipment and the subscriber.