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001-24 - Resolution - Copier Maintenance AgreementsDocuSign Envelope ID: 42B8OF39-ABFC-477B-AOC7-C64FA4C9254B RESOLUTION NO. 001-24 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING A CONTRACT WITH EXCEL BUSINESS SYSTEMS INC FOR FOUR COPIER MAINTENANCE AGREEMENTS. WHEREAS, the City purchased four copiers, located in the Admin/Finance, Court, Police and DCD departments, in December 2023; and WHEREAS, the copiers maintenance agreements expired on 12/31/2023 when the machines were purchased, and staff wishes to enter into a new agreement for a 2-year maintenance agreement; and WHEREAS, pursuant to RCW 42.23.030 (6)(a) limits the amount a municipal officer can benefit from a contract in which the total amount received under the contract or contracts to $1,500 in any calendar month. Because the councilmember does not meet that threshold, the City is interested in continuing the maintenance agreement with the current vendor, Excel Business Systems, Inc.; and WHEREAS, city council authorizes the mayor to execute an agreement with Excel Business Systems, Inc. for four copier maintenance agreements; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: Authorize the Mayor to execute the 2-year copier maintenance agreements for the Admin/Finance, Court, Police and DCD departments. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 9t" day of January 2024. DocuSigned by: 3R9Rd92F3FSR47D Robert Putaansuu, Mayor ATTEST: DocuSigned by: �v'a�n e� UJAUL Brandy Wallace, MMC, City Clerk DocuSign Envelope ID: 42B8OF39-ABFC-477B-AOC7-C64FA4C9254B BUS//VESS SYSTEMS, 1/VC. 360.443.2220 ■ 253.473.9663 ■ 800.922.9449 www.excelbusinesssystems.net Service Contract Contract No. 007-24 Client: CITY OF PORT ORCHARD Address: 216 PROSPECT STREET PORT ORCHARD, WA 98366 CUSTOMER #: P1008 Contact: BRANDY WALLACE Phone: 360-876-7030 Email: bwallace@portorchardwa.gov Equipment: CANON IR ADV C5535 Serial Number: XLN05787 (Courts) Condition: OWNED Surge Protector: YES Contract: imageCARE Gold Plus Please see imageCARE Programs for complete details. Billing Cycle: MONTHLY START: JANUARY 01, 2024 END: DECEMBER 31, 2026 Black Color Scan Start Meter Covered ** ** N/A 0 0 N/A dditional images .0078 .0667 N/A Client Acceptance Date: December 22, 2023 Sales Rep: Mark Trenary "BEGINNING METERS TO BE TAKEN ON 12/29/2023 RATE PER BILLING CYCLE: AS USED *Does not include tax, overages and/or billing fees if applicable L96 Signature: 96�J2E3F58���� Rob Putaansuu Print Name: Your Locally Owned Imaging Partner DocuSign Envelope ID: 42B8OF39-ABFC-477B-AOC7-C64FA4C9254B Excel Business Systems, Inc. imageCARE Service Contract General Terms and Conditions PURPOSE: This contract covers the cost for adjustments, repairs, and replacements of parts and supplies items, excluding staples and paper, necessitated by normal use of the equipment. All damages or losses resulting from accident, misuse, or other events such as fire, theft, water damage or ANY OTHER CAUSE EXTERNAL to the machine are not covered. The use of unauthorized parts, components, modifications, or personnel to effect repairs or changes will be considered misuse and repairs will be billed at the current billable rate. This contract does not cover loss of use or production. Services under this contract do not assure uninterrupted operation of the machine. Excel is not responsible for failure to render services due to causes beyond our control. TERMS: This Service Contract is effective for 36 months or as specified under Additional Terms as to each unit of newly purchased Equipment. The contract will be automatically renewed at 1 year terms unless written notice is received by Excel at least 30 days prior to the expiration date. The customer then agrees to pay the then current annual cost rate for the new contract. If the contract is not renewed, the Customer is responsible for returning all unused supplies to Excel's office at the Customer's expense. If supplies are not returned within 30 days of non -renewal of contract, Excel will invoice Customer for full retail value of supplies. If you cancel at any time other than at least 30 days prior to the expiration date, we are not obligated to issue any credit invoice or refund. Additionally, Excel reserves the right to bill customer pro -rated usage for any maintenance kits, imaging units, or fuser units installed in customers equipment in the previous 60 days. PAYMENT DEFAULT OR BREACH OF CONTRACT: Failure to pay within 30 days of invoice for any payment due will put this contract on a credit hold. All parts and service rendered during that time period will be charged separately. If the Customer does not pay all charges, billed under the terms of this Contract, promptly when due, or in the event of a breach of any of the other terms of the Agreement, Excel may (1) refuse to service the equipment until remittance is made, (2) provide service on "Per Call" billable rates, (3) require C.O.D. payment in full at the time of service (and any supplies) at Excel's "Per Call" billable rates, and (4) take any and all other actions as provided by law. Such remedies shall be cumulative, and the waiver of any one breach by customer shall not be deemed a waiver or any other or subsequent breach. AMENDMENTS: Verbal agreements are not part of this contract. No one is authorized to change, alter, or amend the terms and conditions of this contract unless agreed to in writing by officers of Excel. This contract is nontransferable by the customer. MAINTENANCE: Execution of a contract service call will be made during normal business hours (8:30 to 5:00 Monday thru Friday) on the equipment specified on this contract. Work requested to be done outside Excel's normal working hours WILL BE CHARGED FOR at the current billable rate with a 4 hour MINIMUM charge. Periodic inspections for the purpose of rendering preventative maintenance (PM's) and servicing will be made on dates specified by Excel. These inspections will be based on a calendar year or meter schedule depending on the operating conditions of the equipment. All PM's will be performed as per FACTORY specified intervals. CUSTOMER OBLIGATIONS: Throughout the term of this contract you shall (1) monitor the machine operation and notify us if you determine that the equipment is in need of repair; (2) permit Excel to enter the property where the equipment is located to inspect it an any reasonable time; (3) provide Excel with a reasonable amount of space to make necessary inspections or repairs; (4) supply required electrical power; (5) take responsibility for the daily maintenance of equipment, to include (a) replacing toner and waste toner bottles as needed, (b) keeping the glass clean, (c) having proper supply inventory, (d) removal of occasional paper miss -feeds, and (e) provide Excel with accurate meter readings for billing. If you do not supply meters readings to Excel when requested, Excel reserves the right to estimate your meters, or send an Excel representative to your location at your expense. EXCLUSIONS: The following services are not covered under this contract and may cause this contract to be null and void without refund: (1) repair of damage or the replacement of maintenance parts caused by accident, disaster, neglect, abuse or misuse of the machine; (2) the use of parts, supplies, components, modifications or personnel to effect repairs on the machine not approved by Excel as 'suitable' for your particular machine(s); (3) transportation or relocation; (4) relocation of machine(s) outside of Excel's authorized servicing area; (5) circuit board repairs or replacement costs when you do not have your machine connected to an Excel approved surge protection device; (6) service calls caused by any additions to, or changes to the customer's computer or network environment. Customer's network is defined as anything on the network side of the cable connecting the machine to the local area network. If customer network service is required, those services can be provided by Excel on a billable basis at the current billable rate. If your customer account is current the billable rate may be discounted by 30%. i DocuSign Envelope ID: 42B8OF39-ABFC-477B-AOC7-C64FA4C9254B JV � Client: Address: BUS/MESS SYSTEMS, /NC. 360.443.2220 ■ 253.473.9663 ■ 800.922.9449 www.excelbusinesssystems.net Service Contract CITY OF PORT ORCHARD 216 PROSPECT STREET PORT ORCHARD, WA 9836 Equipment: CANON IR ADV C5540 Condition: OWNED CUSTOMER #: P1008 6 Contact: BRANDY WALLACE Phone: 360-876-7030 Email: bwallace@portorchardwa.gov Serial Number: XUP04285 (Police) Surge Protector: YES Contract: imageCARE Gold Plus Please see imageCARE Programs for complete details. Billing Cycle: MONTHLY START: JANUARY 01, 2024 END: DECEMBER 31, 2026 Start Meter Black Color Scan ** ** N/A Covered 0 0 N/A Additional images .0078 .0667 N/A Client Acceptance Date: December 22, 2023 Sales Rep: Mark Trenary **BEGINNING METERS TO BE TAKEN ON 12/29/2023 RATE PER BILLING CYCLE: AS USED *Does not include tax, overages and/or bilUng fees if applicable F�Uocublgnea oy: Signature:b P46t&A-SWA, � Rob Putaansuu Print Name: Your Locally Owned Imaging Partner DocuSign Envelope ID: 42B80F39-ABFC-477B-AOC7-C64FA4C9254B Excel Business Systems, Inc. imageCARE Service Contract General Terms and Conditions PURPOSE: This contract covers the cost for adjustments, repairs, and replacements of parts and supplies items, excluding staples and paper, necessitated by normal use of the equipment. All damages or losses resulting from accident, misuse, or other events such as fire, theft, water damage or ANY OTHER CAUSE EXTERNAL to the machine are not covered. The use of unauthorized parts, components, modifications, or personnel to effect repairs or changes will be considered misuse and repairs will be billed at the current billable rate. This contract does not cover loss of use or production. Services under this contract do not assure uninterrupted operation of the machine. Excel is not responsible for failure to render services due to causes beyond our control. TERMS: This Service Contract is effective for 36 months or as specified under Additional Terms as to each unit of newly purchased Equipment. The contract will be automatically renewed at 1 year terms unless written notice is received by Excel at least 30 days prior to the expiration date. The customer then agrees to pay the then current annual cost rate for the new contract. If the contract is not renewed, the Customer is responsible for returning all unused supplies to Excel's office at the Customer's expense. If supplies are not returned within 30 days of non -renewal of contract, Excel will invoice Customer for full retail value of supplies. If you cancel at any time other than at least 30 days prior to the expiration date, we are not obligated to issue any credit invoice or refund. Additionally, Excel reserves the right to bill customer pro -rated usage for any maintenance kits, imaging units, or fuser units installed in customers equipment in the previous 60 days. PAYMENT DEFAULT OR BREACH OF CONTRACT: Failure to pay within 30 days of invoice for any payment due will put this contract on a credit hold. All parts and service rendered during that time period will be charged separately. If the Customer does not pay all charges, billed under the terms of this Contract, promptly when due, or in the event of a breach of any of the other terms of the Agreement, Excel may (1) refuse to service the equipment until remittance is made, (2) provide service on "Per Call" billable rates, (3) require C.O.D. payment in full at the time of service (and any supplies) at Excel's "Per Call" billable rates, and (4) take any and all other actions as provided by law. Such remedies shall be cumulative, and the waiver of any one breach by customer shall not be deemed a waiver or any other or subsequent breach. AMENDMENTS: Verbal agreements are not part of this contract. No one is authorized to change, alter, or amend the terms and conditions of this contract unless agreed to in writing by officers of Excel. This contract is nontransferable by the customer. MAINTENANCE: Execution of a contract service call will be made during normal business hours (8:30 to 5:00 Monday thru Friday) on the equipment specified on this contract. Work requested to be done outside Excel's normal working hours WILL BE CHARGED FOR at the current billable rate with a 4 hour MINIMUM charge. Periodic inspections for the purpose of rendering preventative maintenance (PM's) and servicing will be made on dates specified by Excel. These inspections will be based on a calendar year or meter schedule depending on the operating conditions of the equipment. All PM's will be performed as per FACTORY specified intervals. CUSTOMER OBLIGATIONS: Throughout the term of this contract you shall (1) monitor the machine operation and notify us if you determine that the equipment is in need of repair; (2) permit Excel to enter the property where the equipment is located to inspect it an any reasonable time; (3) provide Excel with a reasonable amount of space to make necessary inspections or repairs; (4) supply required electrical power; (5) take responsibility for the daily maintenance of equipment, to include (a) replacing toner and waste toner bottles as needed, (b) keeping the glass clean, (c) having proper supply inventory, (d) removal of occasional paper miss -feeds, and (e) provide Excel with accurate meter readings for billing. If you do not supply meters readings to Excel when requested, Excel reserves the right to estimate your meters, or send an Excel representative to your location at your expense. EXCLUSIONS: The following services are not covered under this contract and may cause this contract to be null and void without refund: (1) repair of damage or the replacement of maintenance parts caused by accident, disaster, neglect, abuse or misuse of the machine; (2) the use of parts, supplies, components, modifications or personnel to effect repairs on the machine not approved by Excel as 'suitable' for your particular machine(s); (3) transportation or relocation; (4) relocation of machine(s) outside of Excel's authorized servicing area; (5) circuit board repairs or replacement costs when you do not have your machine connected to an Excel approved surge protection device; (6) service calls caused by any additions to, or changes to the customer's computer or network environment. Customer's network is defined as anything on the network side of the cable connecting the machine to the local area network. If customer network service is required, those services can be provided by Excel on a billable basis at the current billable rate. If your customer account is current the billable rate maybe discounted by 30%. DocuSign Envelope ID: 42B8OF39-ABFC-477B-AOC7-C64FA4C9254B BURIVESS SYSTEMS, //VC. 360.443.2220 ■ 253.473.9663 ■ 800.922.9449 www.excelbusinesssystems.net Service Contract Client: CITY OF PORT ORCHARD Address: 216 PROSPECT STREET PORT ORCHARD, WA 98366 Equipment: CANON IR ADV C5550 Condition: OWNED CUSTOMER #: P1008 Contact: BRANDY WALLACE Phone: 360-876-7030 Email: bwallace@portorchardwa.gov Serial Number: XUG03615 (DCD) Surge Protector: YES Contract: imageCARE Gold Plus Please see imageCARE Programs for complete details. Billing Cycle: MONTHLY START: JANUARY 01, 2024 END: DECEMBER 31, 2026 Black Color ** Scan Start Meter ** N/A Covered 0 0 N/A Additional images .0078 .053 N/A Client Acceptance Date: December 22, 2023 Sales Rep: Mark Trenary **BEGINNING METERS TO BE TAKEN ON 12/29/2023 RATE PER BILLING CYCLE: AS USED *Does not include tax, overages and/or billing fees if applicable DocuSigned by: Signature: Rob Putaansuu Print Name: Your Locally Owned Imaging Partner DocuSign Envelope ID: 42B8OF39-ABFC-477B-AOC7-C64FA4C9254B Excel Business Systems, Inc. imageCARE Service Contract General Terms and Conditions PURPOSE: This contract covers the cost for adjustments, repairs, and replacements of parts and supplies items, excluding staples and paper, necessitated by normal use of the equipment. All damages or losses resulting from accident, misuse, or other events such as fire, theft, water damage or ANY OTHER CAUSE EXTERNAL to the machine are not covered. The use of unauthorized parts, components, modifications, or personnel to effect repairs or changes will be considered misuse and repairs will be billed at the current billable rate. This contract does not cover loss of use or production. Services under this contract do not assure uninterrupted operation of the machine. Excel is not responsible for failure to render services due to causes beyond our control. TERMS: This Service Contract is effective for 36 months or as specified under Additional Terms as to each unit of newly purchased Equipment. The contract will be automatically renewed at 1 year terms unless written notice is received by Excel at least 30 days prior to the expiration date. The customer then agrees to pay the then current annual cost rate for the new contract. If the contract is not renewed, the Customer is responsible for returning all unused supplies to Excel's office at the Customer's expense. If supplies are not returned within 30 days of non -renewal of contract, Excel will invoice Customer for full retail value of supplies. If you cancel at any time other than at least 30 days prior to the expiration date, we are not obligated to issue any credit invoice or refund. Additionally, Excel reserves the right to bill customer pro -rated usage for any maintenance kits, imaging units, or fuser units installed in customers equipment in the previous 60 days. PAYMENT DEFAULT OR BREACH OF CONTRACT: Failure to pay within 30 days of invoice for any payment due will put this contract on a credit hold. All parts and service rendered during that time period will be charged separately. If the Customer does not pay all charges, billed under the terms of this Contract, promptly when due, or in the event of a breach of any of the other terms of the Agreement, Excel may (1) refuse to service the equipment until remittance is made, (2) provide service on "Per Call" billable rates, (3) require C.O.D. payment in full at the time of service (and any supplies) at Excel's "Per Call" billable rates, and (4) take any and all other actions as provided by law. Such remedies shall be cumulative, and the waiver of any one breach by customer shall not be deemed a waiver or any other or subsequent breach. AMENDMENTS: Verbal agreements are not part of this contract. No one is authorized to change, alter, or amend the terms and conditions of this contract unless agreed to in writing by officers of Excel. This contract is nontransferable by the customer. MAINTENANCE: Execution of a contract service call will be made during normal business hours (8:30 to 5:00 Monday thru Friday) on the equipment specified on this contract. Work requested to be done outside Excel's normal working hours WILL BE CHARGED FOR at the current billable rate with a 4 hour MINIMUM charge. Periodic inspections for the purpose of rendering preventative maintenance (PM's) and servicing will be made on dates specified by Excel. These inspections will be based on a calendar year or meter schedule depending on the operating conditions of the equipment. All PM's will be performed as per FACTORY specified intervals. CUSTOMER OBLIGATIONS: Throughout the term of this contract you shall (1) monitor the machine operation and notify us if you determine that the equipment is in need of repair; (2) permit Excel to enter the property where the equipment is located to inspect it an any reasonable time; (3) provide Excel with a reasonable amount of space to make necessary inspections or repairs; (4) supply required electrical power; (5) take responsibility for the daily maintenance of equipment, to include (a) replacing toner and waste toner bottles as needed, (b) keeping the glass clean, (c) having proper supply inventory, (d) removal of occasional paper miss -feeds, and (e) provide Excel with accurate meter readings for billing. If you do not supply meters readings to Excel when requested, Excel reserves the right to estimate your meters, or send an Excel representative to your location at your expense. EXCLUSIONS: The following services are not covered under this contract and may cause this contract to be null and void without refund: (1) repair of damage or the replacement of maintenance parts caused by accident, disaster, neglect, abuse or misuse of the machine; (2) the use of parts, supplies, components, modifications or personnel to effect repairs on the machine not approved by Excel as 'suitable' for your particular machine(s); (3) transportation or relocation; (4) relocation of machine(s) outside of Excel's authorized servicing area; (5) circuit board repairs or replacement costs when you do not have your machine connected to an Excel approved surge protection device; (6) service calls caused by any additions to, or changes to the customer's computer or network environment. Customer's network is defined as anything on the network side of the cable connecting the machine to the local area network. If customer network service is required, those services can be provided by Excel on a billable basis at the current billable rate. If your customer account is current the billable rate may be discounted by 30%. DocuSign Envelope ID: 42B8OF39-ABFC-477B-AOC7-C64FA4C9254B EXCEL, BUSINESS SYSTEMS, INC. 360.443.2220 ■ 253.473.9663 ■ 800.922.9449 www.excelbusinesssystems.net Service Contract Client: CITY OF PORT ORCHARD I CUSTOMER #: P1008 Address: 216 PROSPECT STREET Contact: BRANDY WALLACE PORT ORCHARD, WA 98366 Phone: 360-876-7030 Email: bwallace@portorchardwa.gov Equipment: CANON IR ADV C5560 I Serial Number: XTZ03011 (Finance/Admin) Condition: OWNED Surge Protector: YES Contract: imageCARE Gold Plus Please see imageCARE Programs for complete details. Billing Cycle: MONTHLY START: JANUARY 01, 2024 END: DECEMBER 31, 2026 i Black Start Meter Covered 0 Color Scan ** N/A 0 N/A Additional images 1 .0078 .053 N/A **BEGINNING METERS TO BE TAKEN ON 12/29/2023 RATE PER BILLING CYCLE: AS USED *Does not include tax, overages and/or billing fees if applicable Docu Signed by: Client Acceptance F�b P4aALASW Signature: Date: December 22, 2023 Rob Putaansuu Sales Rep: Mark Trenary Print Name: Your Locally Owned Imaging Partner DocuSign Envelope ID: 42B80F39-ABFC-477B-AOC7-C64FA4C9254B Excel Business Systems, Inc. imageCARE Service Contract General Terms and Conditions PURPOSE: This contract covers the cost for adjustments, repairs, and replacements of parts and supplies items, excluding staples and paper, necessitated by normal use of the equipment. All damages or losses resulting from accident, misuse, or other events such as fire, theft, water damage or ANY OTHER CAUSE EXTERNAL to the machine are not covered. The use of unauthorized parts, components, modifications, or personnel to effect repairs or changes will be considered misuse and repairs will be billed at the current billable rate. This contract does not cover loss of use or production. Services under this contract do not assure uninterrupted operation of the machine. Excel is not responsible for failure to render services due to causes beyond our control. TERMS: This Service Contract is effective for 36 months or as specified under Additional Terms as to each unit of newly purchased Equipment. The contract will be automatically renewed at 1 year terms unless written notice is received by Excel at least 30 days prior to the expiration date. The customer then agrees to pay the then current annual cost rate for the new contract. If the contract is not renewed, the Customer is responsible for returning all unused supplies to Excel's office at the Customer's expense. If supplies are not returned within 30 days of non -renewal of contract, Excel will invoice Customer for full retail value of supplies. If you cancel at any time other than at least 30 days prior to the expiration date, we are not obligated to issue any credit invoice or refund. Additionally, Excel reserves the right to bill customer pro -rated usage for any maintenance kits, imaging units, or fuser units installed in customers equipment in the previous 60 days. PAYMENT DEFAULT OR BREACH OF CONTRACT: Failure to pay within 30 days of invoice for any payment due will put this contract on a credit hold. All parts and service rendered during that time period will be charged separately. If the Customer does not pay all charges, billed under the terms of this Contract, promptly when due, or in the event of a breach of any of the other terms of the Agreement, Excel may (1) refuse to service the equipment until remittance is made, (2) provide service on "Per Call" billable rates, (3) require C.O.D. payment in full at the time of service (and any supplies) at Excel's "Per Call" billable rates, and (4) take any and all other actions as provided by law. Such remedies shall be cumulative, and the waiver of any one breach by customer shall not be deemed a waiver or any other or subsequent breach. AMENDMENTS: Verbal agreements are not part of this contract. No one is authorized to change, alter, or amend the terms and conditions of this contract unless agreed to in writing by officers of Excel. This contract is nontransferable by the customer. MAINTENANCE: Execution of a contract service call will be made during normal business hours (8:30 to 5:00 Monday thru Friday) on the equipment specified on this contract. Work requested to be done outside Excel's normal working hours WILL BE CHARGED FOR at the current billable rate with a 4 hour MINIMUM charge. Periodic inspections for the purpose of rendering preventative maintenance (PM's) and servicing will be made on dates specified by Excel. These inspections will be based on a calendar year or meter schedule depending on the operating conditions of the equipment. All PM's will be performed as per FACTORY specified intervals. CUSTOMER OBLIGATIONS: Throughout the term of this contract you shall (1) monitor the machine operation and notify us if you determine that the equipment is in need of repair; (2) permit Excel to enter the property where the equipment is located to inspect it an any reasonable time; (3) provide Excel with a reasonable amount of space to make necessary inspections or repairs; (4) supply required electrical power; (5) take responsibility for the daily maintenance of equipment, to include (a) replacing toner and waste toner bottles as needed, (b) keeping the glass clean, (c) having proper supply inventory, (d) removal of occasional paper miss -feeds, and (e) provide Excel with accurate meter readings for billing. If you do not supply meters readings to Excel when requested, Excel reserves the right to estimate your meters, or send an Excel representative to your location at your expense. EXCLUSIONS: The following services are not covered under this contract and may cause this contract to be null and void without refund: (1) repair of damage or the replacement of maintenance parts caused by accident, disaster, neglect, abuse or misuse of the machine; (2) the use of parts, supplies, components, modifications or personnel to effect repairs on the machine not approved by Excel as 'suitable' for your particular machine(s); (3) transportation or relocation; (4) relocation of machine(s) outside of Excel's authorized servicing area; (5) circuit board repairs or replacement costs when you do not have your machine connected to an Excel approved surge protection device; (6) service calls caused by any additions to, or changes to the customer's computer or network environment. Customer's network is defined as anything on the network side of the cable connecting the machine to the local area network. If customer network service is required, those services can be provided by Excel on a billable basis at the current billable rate. If your customer account is current the billable rate may be discounted by 30%.