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HomeMy WebLinkAbout2016-06-20-J01N Equipment Purchase_Wide Format Copier1 NOWaukee 't W1► THE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 20, 2016 AGENDA ITEM: Consideration of receipt and file of purchase of a wide format copier/printer FORMAT: Receipt and file SYNOPSIS INCLUDING PRO & CON: This copier/printer will replace both the KIPP wide format printer and the color plotter for large map size prints. This printer has the ability to scan, copy and print large drawings in both black and white and color. Maintenance would be added to the existing maintenance contract. FISCAL IMPACT INCLUDING COSTBENEFIT ANALYSIS: $25,847.08 - This purchase is in the FY2017budget and will be billed to the City after July 1, 2016. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Approve Sales and Service Agreement RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Sales and Service Agreement PREPARED BY: Beth Richardson REVIEWED BY: John Gibson v PUBLIC NOTICE INFORMATION — NAME OF PUBLICATION: DATE OF PUBLICATION: Access Systems 955 SE Olson Drive ac63 Waukee, cess Phone:515.987.6227 .6227 ,._;i Fax: 515.987.6228 www.accesssystems.com PROPOSED SOLUTION FOR: CITY OF WAUKEE PUBLIC WORKS EQUIPMENT PROPOSED Quantity Model Description 1 DesignJet T3500 Large Format Color 1 DesignJet T3500 HP SmartStream Print Controller _ 1 DesignJet T3500 HP 764 Cyan Original Ink Cart 1 DesignJet T3500 HP 764 Magenta Original Ink Cart 1 DesignJet T3500 T HP 764 Yellow Original Ink Cart 1 DesignJet T3500 HP 764 Matte Black Original Ink Cart _11 DesignJet T3500 HP 764 Gray Original Ink Cart 1 DesignJet T3500 HP 36-in Spindle 1 DesignJet T3500 HP Care Pack Services - Install Service 1 DesignJet T3500 Electronic HP Care Pack Next Business Day _ Harware Support Please see attached brochure or specification sheet for more details. 'Pricing based on FED -GSA SCHED70 Contract pricing PURCHASE OPTION Purchase Price $25,847.08 access 955 SE Olson Drive Waukee, Iowa 50263 P: 515.987.6227 F: 515.987.6228 www.AccessSystems.com Sales & Service Agreement Quote No: 61316 Date: 6/13/2016 Sales Person: Jeff Kraber Payment Terms: Due on Receipt Quote Expires: 7/13/2016 SHIP TO: BILL TO: Company Name: Company Name: City of Waukee Public Works Same Department: Department: Street Address: Street Address: 1205 6th Street City: State: Zip: City: State: Zip: Waukee IA 50263 Phone: Fax: Email: Fax: 515-987-4363 515-987-3979 brichardson(vlwaukee.ore EQUIPMENT SALE Item No Description Beginning Meter Quantity Price Amount B8E1B#B1K HP Desi n]et T3500 Large Format Printer 1 $25,847.08 $25,847.08 43233410 HP SmartStream Print Controller 1 Included Included C3 13A HP 764 Cyan Original Ink Cartridge 1 Included Included Cl 14A HP 764 Magenta Original Ink Cartridge 1 Included Included C1Q15A HP 764 Yellow Original Ink Cartridge 1 Included Included Cl 16A HP 764 Matte Black Original Ink Cartridge 1 Included Included Cl I8A HP 764 Gray Original Ink Cartridge 1 Included Included G8B09A HP 36-Inch Spindle 1 Included Included H451BE HP Care Pack Services - Install Service 1 Included Included U1ZX9E HP Care Pack Next Business Da Hardware Support 1 Included Included 0.00 0.00 Total Sales Price 25,847.08 Total does not include applicable sales tax MAINTENANCE & SERVICE Meter Group Copy Allowance Base Charge Overage Rate NA - Billing qcle uarterl Additional Service Options: By initialing where indicated below, you elect to include the indicated service option(s) for the Secure Data Protection Customer's Initials to Elect: Customer's Initials to Decline: If you decline this service, you acknowledge you assume full responsibility for performing all end of lease device data disposal procedures to remove confidential information. Data disposal procedures may be required for your compliance with applicable industry standards and state and federal laws and regulations. Connectivity Assurance Customer's Initials to Elect: Customer's Initials to Decline: Includes remote connectivity assistance to allow for networked device functionality. If you decline this service, you acknowledge that any connectivity work we provide will be billable at our hourly rate. Authorized Signature: Printed Name: Customer will pay for service and supplies as needed. Title: Date: By signing this page, you represent to us that you have received and read the terms and conditions appearing on the second page of this two -page agreement. This Agreement is binding upon our acceptance hereof. Access Systems Representative: Date: SALES S SERVICE AGREEMENT TERMS AND CONDITIONS Purchase of the equipment described on the reverse side hereof constitutes acceptance by you, the Customer, of the following terms and conditions: Entire Addendum. This Agreement and any schedules or exhibits attached to this Agreement shall constitute the entire Agreement between the parties pertaining to the subject matter contained in this Agreement, and supersedes all prior agreements, arrangements and understandings of the parties with respect to the subject mailer hereof. No supplement, modification or amendment to this Agreement shall be binding unless executed In wiling by the padles to this Agreement. No waiver of any of fire provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or nor similar. Payment Terms. For all purchase orders totaling $5,000.00 or more, fifty (50%) percent of the purchase price is payable at the time of the placement of the order by Customer, and the balance is due and payable upon the commencement of the installation of the equipment. For orders lass than $5,000.00, the entire purchase price is payable upon the all of the installation of the equipment. Customer will be Invoiced within one (1) week of installation of the equipment. Late charges of 1-112%per month (18%per annum) on unpaid balances will be added if payments are not received within lorry -five (45) days of the invoke date. Access Systems reserves the right to withhold service or supplies it any charges become past due, regardless of whether those charges are related to this Agreement or the equipment covered by this Agreement. Force Maleem Access Systems shall not be liable for delays in performance hereunder due to causes beyond its control including, but not limited to, acts of God, fires, strikes, delinquencies of manufacturers or suppliers or acts of war. Attorneys' Fees. Customer shall be responsible for all of Access Systems costs in the collection of any amount due hereunder, and the recovery of any properly pursuant hereto or In the enforcement of its rights hereunder, Including reasonable attorney fees, whether or not suit be brought. Werrenry Disclaimer, Access Systems makes no representation or warranty, express or Implied, with respect to the condition of the equipment Purchased hereunder, all of which is being sold To, and purchased by customer as -Is, where -la and Salter expressly disclaims any warranty of merchantability or fitness for a particular purpose. Any warranties which exist shall be with the manufacturer of the equipment. Customer agrees to look strictly to the manufacturer with respect to any claimed warranties. Return Policy. All sales are final thirty (30) days following the invoice sate. No equipment sold may be returned without Access Systems' approval or written consent. On authorized returns, Access Systems at Its option shall either extend to Customer an account credit that must be used within ninety (90) days or a cash refund less a twenty five (25%) restocking fee. Any return merchandise that is in a non -saleable condition as solely determined by Access Systems shall be deducted from any down or refund extended to customer. Returns of merchandise which have not been authorized shall not be accepted and any merchandise so returned shall be the sole responsibility of the Customer. Claims and Risk of Loss. All claims With respect to equipment being damaged during shipping must be made within thirty (30) days of the delivery of the equipment. Risk of loss with respect to equipment which has been shipped shall pass to the Customer upon receipt of the equipment by the Customer. Taxes. Applicable sales toddler use taxes shall be added to the purchase price unless the Customer has supplied Access with a certified exemption from such tax. Software Llcense. Any software that Is Included In the equipment purchased shall be subject to and Customer agrees to abide by the terms of the software license Issued In connection Will the use of such software. Any annual software license renevals and associated labor for renewals or upgrades or labor for Troubleshooting software is not Included and will be billed separately. Benefit of Amounted. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns and shall not confer any rights upon any third pady. Customer may not assign Its rights or obligations under this Agreement without the prior written consent of Access Systems. Applicable Law. This Agreement shall be governed by and construed exclusively In accordance with the laws of the Stale of Iowa, without reference to Its conflicts of law principles. You consent to the jurisdiction and venue of any slate or federal court in Iowa and waive the defense of inconvenient forum. For any action arising out of or related to this Agreement, you and Access waive all rights to atrial by Jury. Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been given on the date when delivered personally, the next business day after delivery to a nationally recognized overnight delivery service for next business day delivery or one day after mailing If mallard by first class mail, registered or serfifled, postage prepaid antl properly addressed to the parties at the addresses reflected In this Agreement or as either party may designate in wiling by notice to the other parry in accordance with the provislons of this Agreement. Maintenance and Service Agreement if the Maintenance and Service section is populated on the previous page, the following additional terms and conditions apply: Net Agreement: THIS AGREEMENT IS NON-CANCEIABLE FOR THE ENTIRE AGREEMENT TERM. YOU AGREE THAT YOU ARE UNCONDFIONALLY OBLIGATED TO PAY ALL AMOUNTS DUE UNDERT HIS AGREEMENT FOR THE ENTIRE TERM. YOU ARE NOT ENTITLED TO REDUCE OR SET-OFF AGAINST ANY AMOUNTS DUE UNDER THIS AGREEMENT FOR ANY REASON. General Scope of Coverage: In consideration for the payment by Customer of the maintenance and service charges set forth herein, except as provided herein, Access Systems shall provide all labor, parrs and materials (except paper, staples, and freight) required for the maintenance and minor repair of the equipment, set forth on the reverse side hereof, which adjustment and maintenance is caused by the Customer's normal, noncommercial use of the equipment. Customer understands that alterations, attachments, or specification changes To the equipment may require an Increase in maintenance charges and agrees to pay such charges promptly when due. MICR supplies are not included and will be billed separately. Labor for The installation of memory upgrades or other upgrades and enhancements, or parts and supplies not provided by Access Systems, are nor covered by this agreement and will be installed on a billable per call basis. You agree that you will look solely to us for performance under any such arrangement and for the delivery of any applicable supplies. 4 your use of supplies exceeds the manufacturer's published yield by more than 10%, we may mainly you of such excess usage. If such excess usage does not cease within 30 days after such notice, we may charge you for such excess usage. We may charge you a monthly fee per device not to exceed $5.00 per device, to cover our costs of shipping and handling supplies. In addition, If you elect we may charge you a monthly lee per device ("Connectivity Assurance-) for providing remote connectivity troubleshooting throughout the term of the Agreement. The services will be limited to remove technical assistance only and shall not Include any related necessary hardware of software costs. If we identify the connectivity problem relates to an IT issue that is outside of our control such as a network selling or IT hardware Issue, we will work with your IT department to communicate the necessary information. As an allernarlve to your IT department, our IT technicians may be able 10 assist you if provided the necessary access rights but any such work will be billable at our hourly rates. Damage to the equipment or components arising out of misuse, negligence, neglect or causes beyond Access Systems' Equipment Use: You' will keep theEquipmentin good working order, use if for business purposes only, and not modify or move it from its initial location without our consent. Access Systems shall not be responsible for direct, Incidental, or consequential damages, including but not limited to damages arising out of Improper use or performance of the equipment or loss of use of the equipment. Except for claims, losses, or damages caused by our gross negligence or willful misconduct, you agree to Indemnity us and our assignee, II applicable, against any claims, losses, or damages, including attorney fees, in any way related to this Agreement. In no event will we be liable for consequential or indirect damages. You agree that you will not take the Equipment out of service and have a third parry pay (or provide funds to pay) the amounts due hereunder. You will comply with all laws, ordinances, regulations, requirements and rules minfing to the use and operation of the Equipment. We will have the right, at any reasonable time, to inspect the Equipment and any documents related to its use, maintenance, or repair. Service Calls: Service calls under this agreement will be performed during normal business hours of Monday through Friday 8:00 a.m. to 5:00 p.m. except holidays. This agreement's charges do not cover travel antl labor time for service calls outside of normal business hours. In the Instance any such work is required the Customer and Access shall execute in advance of such work a written agreement derailing these service terms. In the absence of any such written agreement and in the instance work is performed outside of normal business hours, The Customer shall agree to pay the overtime rates in effect at the time the service call is made. Customer agrees to promptly norily Access Systems of any requests for service by contacting the Access Systems Service Department. During the performance of Access Systems' maintenance services, Customer agrees that Access Systems shall have the right to generate all copies necessary to properly perform its services without being required to credit Customer's account. This agreement does not include mileage on service calls for Customers outside of Access Systems' normal service area. Image Charges and Overages: You are witted to make the total number of images shown in the Copy Allowance column each period during the term of this Agreement. If you make more than the alleva d images in any period you will pay us an additional amount equal to the number of excess Images made during such period multiplied by the applicable Overage Rate Charge. Regardless of the number of images made in each period, you will never pay less than the Base Charge. You agree to provide us with the actual meter readings on any business day as designated by us, provided that we may estimate the number of images used if such meter readings are nor received within Iva days after being requested. If you do not provide us the actual meter readings, we may periodically need to lake efforts to manually obtain a meter and in such instances we may charge you an additional lee. You agree that the Base Payment Amount and the Excess Per Image Charges may be proportionately increased at any time if our estimated average page cover is exceeded After the end of the first year of this Agreement and not more than once each successive Wave month period thereafter, the Base Charge and Overage Rate may be increased by a maximum of 10 % of then existing paymenl or charge. Softwareill Except as provded for in this paragraph, references to "Equipment' include any software referenced above or Installed an the Equipment. We do not own the software and cannot transfer any interest In it you. We are nor responsible for the software, license renewal fees, or the obligations of you or the licensor under any license agreement. You are solely responsible for protecting and removing any confidential datartmages stored on the Equipment prior to its return for any reason; provided, however, you may elect to pay a monthly fee per device to have us provide you this service ('Secure Data Protection"). Assignment: You may not sell, assign, or sublease the rights of this Agreement without our written consent. We may sell or assign this Agreement, in whole or in part, to a third party without notice to you. You agree that if we do so, our assignee will have our assigned rights under this Agreement but none of our obligations and will not be subject to any claim, defense, or set -oft that may be coos rtable against us or anyone else. Term, Termination and Renewal: This Agreement's term is for a period of 60 months. This Agreement will renew, for successive one-year periods unless written notice is received by the non - terminating party at least 60 days Prior to the expiration dale, as extended, In the event Customer desires to terminate service prior to the end of the term, all Base Charge payments remaining In the term of this agreement will be due immediately at the then current rate. Notwithstanding anything to the contrary, Access Systems may terminate this Agreement at its sole discretion at any time in the event (a) the equipment is modified, damaged altered, serviced by personnel other than those employed by Access Systems, or if parts, supplies, accessories, of components not authorized by Access Systems are fittetl to or used in the equipment; or (b) it the Customer uses supplies other than Access Systems supplies and such supplies are defective or nor acceptable for use in the equipment and cause abnormally frequent service calls or service problems or (c) the Customer's use of the machine results in toner yield that exceeds the equipment manufacturers slated yield by more than thirty percent HOI as determined by Access Systems. v2.16)