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CM-13-10-197/1111.6". --- POUND NOCK. TEXAS MIME 1,0510k reaporrt City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing a Maintenance and Inspection Service Contract with Bank Service and Equipment for the City's water billing section drive-thru equipment. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 10/25/2013 Dept Director: Cheryl Delaney, Finance Director Cost: $1,320.00 Indexes: Utility Fund Attachments: City of Round Rock Maint and Svc contract 10-21-13.pdf, City of Round Rock Equipment Schedule 10-21-13.pdf, CMAF, Drive through maint. and Svc.pdf Text of Legislative File CM -13-10-197 Consider executing a Maintenance and Inspection Service Contract with Bank Service and Equipment for the City's water billing section drive-thru equipment. During the 2012 remodel of 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 three years of inspection and maintenance for the system therefore keeping the equipment in good working order. Staff recommends approval. City of Round Rock Page 1 Printed on 10/23/2013 CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION Required for Submission of Specific City Manager Items Department Name: Finance Department Project Mgr/Resource: Irma Mendoza City Manager Approval CMA Wording Consider executing a Maintenance and Inspection Service Contract with Bank Service and Equipment for the Cities water billing drive through equipment. Project Name: Maintenance and Inspection Service Contract ContractorNendor: Bank Service and Equipment Approval X❑Employee EE Bowden Date October 21, 2013 Notes/Comments 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 ennxed into this 21st Subscriber's Name. City of Round Rock — Water Mina Department Street Address: 221 East Main Street CONTRACT NUMBER 101909 dm of October, 2013 by and bctnecn Bank Service and Equipment of Austin. Teras, and County. Williamson City. Round Rock State. Texas /9 78664 For and in consideration of the sum of $ 1,320.00 payable in advance for the three year 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 parts 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 rates 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 -shift 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. It is 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 to 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 5200.00 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 be 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 duly to perform any of its obligations hereunder shall constitute default hereunder without any written notice of such default being required. The 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 the 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 terms 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 barred. 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, circumstance or action and shall not affect any other term or provision of this contract to any extent whatsoever. 4�9nD4Ri Signature STeVe MDRM/ooj) Nam (Print or Is pe) i� (Y1 ER to•15•13 Title Date Accepted Bank Service and Equipment Contract S.+rice Manager Austin, Texas Bank Service and Equipment. Inc. 1'.O. Iinc 2530 Round Rock, lX. 78680-1370 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 COUNTY PAGE 1 OF 2 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 10/21/2013 $440.00 1 1500A Audio Authority Audio system with one (1) Model 1500A employee audio console, Model 1520 lane station unit, and two power supplier. N/A Three (3) year contract term expires 10/21/16. TOTAL $1,320.00 TERMS AND CONDITIONS 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 the warranty expired June 2nd, 2013. SUBSCRIBERS SIGNATURE ��-r>=,tI n1 �►�� , Cif NAME AND TITLE (PRINT O PE) to••13 DATE ACCEPTED Bank Service and Equipment Mike Kremper M CONTRACT SERVICE MANAGER When countersigned, 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.