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2486 RFP 13/14-06 Print Saber Service AgreementCITY OF SXRFO FINANCE DEPARTMENT Wednesday, June 14, 2023 TO: City Clerk/Mayor RE: RFP 13/14-06 Print Saber Service Agreement The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond ® Safe keeping (Vault) ❑ Ordinance ❑ Deputy City Manager ❑ Performance Bond ❑ Payment Bond ❑ Resolution ❑ City Manager Signature ❑ ❑ City Clerk Attest/Signature ❑ City Attorney/Signature Once completed, please: ❑ Return originals to Purchasing- Department ❑ Return copies ® Keep for Safe keeping Special Instructions: From T:\Dept_forms\City Clerk Transmittal Memo - 2009.doc 6/14/2023 Date Service Agreement Aoreement No: -'c in D *4 21A THIS IS A LEGALLY BINDING NOW CANCELABLE CONTRACT iQr--p n)i�-rx�q Customer Name Customer's Contact Person: Contact Person's E-mail: City Of Sanford William Smith Bill.amith@sanfordfl.gov street city StateCounty ®Attached Schedule Zlp Code Customer's Telephone 300 N. Park Avenue Sanford, FL Seminole 32771 407-688-5028 The PrintSaver Cost Per Print Agreement, as it may be amended or supplemented from time to time (the "Agreement"), the words "You" and "Your" mean the Customer named above. "We," "STP" and "Our" mean Business Technology Partners, Inc. The Agreement represents the final and only agreement between YouandBTPandmay not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements. The Agreement can be changed only by a written agreement between You and BTP. Other agreements not stated herein (including, without limitation, those contained in any purchase agreement or order between You and any third party) are not binding on BTP. You agree to pay BTP the Base Monthly Fee as indicated and ny excess print charges that occur from usage of the equipment stated. Equip. Description Black nd White Prints Color Prints (A3 Size Print 5 (11 "X17") = 2 Prints) (A3 Size Prints (11 "X17") = 2 Prints) ®Attached Schedule (Duplex A4 SfzhPrints (8'" X 11 ") 2 (Duplex A4 Size Prints (8 Vg" X 11 ") = 2 Prints) Prints) (Duplex A3 Size Prints = 4 Prints) (Duplex A3 ize Prints = 4 Prints) Equipment Model & Monthly Number of Prints Cost For Each Number of Prints Cost For Each Serial No. Program included in Additional Print: Included in Program Additional Print: Fee: Program Fee: Fee: Service pricing is o.00 - 0.00 - .04 based on Marion County contract 12-002 Equipment Location jif different than Customer's address s own above): I Term: ❑ Monthly ❑ One ❑ Two ❑ Three_ M Four 0 Five Years I Commencement Date (Start of Term): 1. TERM AND RENEWAL. The term of this Agreement will b gin on the date of install or upon acceptance of support (the "Commencement Date") by BTP and will continue for the term shown above ("Term"). This Agreement will automatically renew for additional one-year terms unless either party provides the other party with written notice of non -renewal at least 30 days, before the end of the existing term. Upon Your request, We will provide You with revised pricing for the renewal term days before the end of the existing term if there is an escalation in the cost of the Agreement. 2. EQUIPMENT PROVIDED. Equipment stated in this Agreement and provided by BTP that is not purchased or leased is provided on a rental basis. You do not own the equipment and shall not convey ownership to any other party. You will allow free access to the equipment during working houring for the purpose of maintenance and supply Ilfullment. Rental equipment provided must be returned to BTP should the agreement terminate for any reason. Rental equipment not returned by You will be billed at it's then current value as determined by BTP. 3. SUPPLIES AND SERVICE. Under this Agreement, We m Consumables) necessary to make prints and operate the Eq acknowledge that BTP will provide service for the Equipmi terms and conditions (including exclusions for accidents, i applicable Equipment service agreement shall apply. Up( service agreement. If You require service on Equipment durim request using the website at www.htpservice.com, or (y) conte paper stock and staples at Your own expense; (b) You must Equipment, failure to follow the manufacturer's suggested instr agree to use the Consumables provided under this Agreement { only when needed. No "safety stock" of Consumables is permitt' the right to provide remanufactured or refurbished cartridges w Consumables to BTP if requested per BTP's directions. Any us this Agreement. Consumables are the property of BTP until full upon expiration or termination of this Agreement. We reserve t then established retail prices, plus shipping and handling char( and hold or deny shipments until the requests are validated. S 4 provide You with all toner, maintenance kits and parts (collectively called the aipment. Such Consumables maybe hand delivered or shipped to You. You nt pursuant to STP's standard service agreement for the Equipment. The nisuse, abuse, unauthorized repair, unauthorized disassembly, etc.) of the n Your request, We will provide You with a copy of any applicable Equipment the Term, You may request service using the following methods: (x) placing a :t BTP at 407-649-6490. You agree that: (a) You must separately purchase all separately pay the cost of repairs caused by Your negligence, misuse of the actions, or breach of any warranty or service agreement provided by BTP. You tnly in the aforementioned Equipment. You agree Consumables will be provided ;d under this Agreement unless special circumstances shall arise. BTP reserves rich will perform as new. You agree to return any used cartridges or other used of Consumables in devices other than the Equipment constitutes a violation of consumed by the Equipment. You shall return to BTP all unused Consumables to right to invoice You for any unused Consumables that are not returned at Our as. You acknowledge that BTP reserves the right to audit Consumables orders tipping of Consumables is included at no additional cost to You. THE TERMS OF THIS AGREEMENT A PE CONTINUED ON THE REVERSE SIDEt NEXT PAGE Accepted by Business Te to artners, Inc. Customer: City of Sanford Eric S. Williams, Pr By. )( } Data 1`{ f j� By 1 Date) Print Name: _. r K t o i^ rl n t i PrintSaver-Cost Per Print Agreement (02/14) 4. PRINT COVERAGE. The cost per print is based on 5% page coverage for each color. Periodically, Print Coverage will be reviewed and if found to exceed 10% coverage of any one color, an adjustment of the affected color(s) over 5% will be made. S. COSTESCALAT/ON. The CPP and program fee is based on current pricing of supplies and parts. Should costs increase, BTP may increase rates on an annual basis. S. EXCESSIVE' SCANS. The CPP and program fee is based on one scan per copy. Should scanning exceed (3) three scans per (1) one copy, an scan charge of .003 per scan will apply to the excessive scans. 7. EQUIPMENT HARD DRIYA11A). You acknowledge full responsibility for any damages andlor financial penalties which maybe incurred for disclosure of data and/or images that maybe retained on the hard drive(s) of the Equipment when Equipment is returned at end of this Agreement or If the hard drive(s) are replaced for resolution of a service issue. You agree to assume all liability for the disclosure of said data and/or images and hold BTP harmless from any and all claims, including attorneys fees and costs. At an additional cost, You may purchase the Equipment's hard ddva(s) and retain control of any confidential data. B. PRINTSAVER CENTRAL SQ. ARE AND PRINT CHARGES. Each month, You agree to pay BTP, by the due date as set forth on Our invoice to You, all Base Monthly Charges, excess print charges and all otheramounts due under this Agreement (including all applicable taxes). You agree to pay the Base Monthly Charges each month even if You do not make the number of prints included with the Base Monthly Charge. You may not carry over a credit from any month during which You make fewer than the minimum number of prints. You agree (a) to install BTP's meter reading and device information software (including any updates, patches, or replacement software) ("PrintSaver Central Software") on one or more of Your servers or workstations that are connected to Your network so that meter reads and device infomiation can be retrieved from the device and transmitted via the Internet to BTP. (b) to keep the computer on which the software is installed powered on and connected to the device via Your network at all times, except during network outages and routine network maintenance. If BTP fails to receive meter reads or device information on the device(s), We will give You notice that You are in breach of this Agreement. If You do not provide BTP with meter readings within five (5) days of the date of Our request, then (1) We may estimate the number of prints used and invoice You accordingly, (ii) We wilt charge a fee in the amount of $25 per device that We do not receive meter readings for each month until We receive meter readings, and (iii) We will adjust the estimated charge for excess prints upon receipt of actual meter readings. If You do not provide BTP with meter readings within fifteen (15) days of the date of Our request, then We may terminate this Agreement by giving You written notice of such termination. You acknowledge that if You do not provide meter readings that BTP will not be able to provide You with Consumables and the Equipment may not function or produce prints. if We do not receive a payment in full on or before its due date, You shall pay (i) a fee equal to the greater of 1.5% of the amount that is late or $20.00, plus (ii) interest on the part of the payment that is late in the amount of 1.50% per month from the due date to the date paid. 9. LOCATION AND EQUIPMENT MOVES. You shall give BTP at least 10 days prior written notice before moving the Equipment from the location set forth above to a different location. The notice must include the mailing address of the new location so that Consumables are sent to the new location. This Agreement does not include Equipment moves. Upon request, BTP will provide a written estimate to move Equipment and re -install. 10. NO WARRANTIES: LIMITATION OF LIABILITY. THE ONLY WARRANTIES MADE WITH RESPECT TO THE EQUIPMENT IS BY BTP AS SET FORTH IN THE APPLICABLE BTP SERVICE AGREEMENT. ANY WARRANTY STATEMENT INCLUDED WITH THE EQUIPMENT IS SUPERSEDED BY THE APPLICABLE SERVICE AGREEMENT. WE HAVE NOT MADE AND HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY APPLICABLE LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Our liability to You for any cause whatsoever shall be limited to amounts paid by You to BTP under this Agreement. This limitation shall apply regardless of the form of action, whether contract or tort, including without limitation negligence actions, provided, however, that this limitation shall not apply to damages resulting from personal injury caused by Our negligence. In no event shall We be liable to You for any special, indirect, incidental, consequential, exemplary or punitive damages in any way arising out of or relating to this Agreement. 11. M ANO DAMAGE. You shall bear the risk of loss and damage to the Equipment and shall continue performing all Your obligations to BTP even if it becomes damaged or suffers a toss.. You assume the responsibility for replacement of the Equipment of paying the total of all remaining amounts of this Agreement plus the estimated fair-market'value of the Equipment as If the Agreement had gone to Term. PrintSaver - Cost Par Prim Agreement (02Jt4) 12. ASSIGNMENT YOU SHALL NOT SELL, ASSIGN, OR OTHERWISE TRANSFER (collectively, "TRANSFER") THIS AGREEMENT, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN CONSENT OF BTP. Any attemp ed assignment or delegation without the prior written consent of STP shall b void. You acknowledge that BTP inpy,.tvithSut notice to You, may transfe this Agreement to the manufa664r or°a,third party reseller of the man urer's products. 13. Ti without license Agreen agree t and as deman, You). 14. ITE within, You fai We mf Agreen sum of Charge due he all res reason 15. Kc days a ovemig addres to this 16. AP Agreen law pri federal 17. of be a term contin You t Name XES AND OTHER FEES. You are responsible for all taxes (including, limitation, sales, use and personal property taxes, levies, assessments, and registration fees and other governmental charges relating to this ant (collectively, "Taxes"). We may periodically bill You for, and You ) promptly pay any Taxes. You authorize BTP to pay any Taxes when hey may become due, and You agree to reimburse BTP promptly upon I for the full amount (less any estimated amounts previously paid by r.4ULT. You will be in default hereunder if You fait to pay any amount ) days of the due date as set forth in an invoice from BTP to You or if to perform any other obligation under this Agreement. It You default, I do any or all of the folloiving, at Our option: (a) terminate this ent, (b) require You to pay to BTP, on demand, an amount equal to the I) all amounts then due and past due, (ii) all remaining Base Monthly for the Tenn and (iii) all other amounts that may thereafter become sunder to the extent that We will be obligated to collect and pay such r to a third party (such amounts specified in sub -clauses "i" through "iii" to below as the "Balance Due"), andlor (c) exercise any other remedy a to BTP under law. You also agree to reimburse BTP on demand for ;onable expenses of enforcement (including, without limitation, ble attorneys' fees and other legal costs). "ICES. Notices must be in writing and will be deemed given five (5) at mailing, or two (2) days after sending by nationally recognized t courier, to the other party's business address, or to such other designated by either party to the other by written notice given pursuant !LICABLE LAW; VENUE; JURISDICTION. Any action related to this ant shalt be governed by the laws of Florida without regard to choice of iciples, and any litigation hereunder shall take place in the state or courts located in Orange County, Florida, Each term hereof shall be Led to the maximum extent possible so as to be enforceable under )1a taw. CELLANEOUS. This Agreement may be executed in counterparts, aft h together shall constitute the same document. You agree that a s or other copy containing the signatures of both parties shall be as able as the original executed Agreement. The failure of either party to at any time any provision of this Agreement shall not be construed to iver of such provision or the right thereafter to enforce each and every n hereof. No waiver by either party, either express or implied, or any if these terms or conditions shall be construed as a waiver of any other condition. The provisions of this Agreement that by their nature In effect shall survive the termination or expiration of this Agreement reby represent to BTP that this Agreement is legally binding and gable against You in accordance with its terms. Customer's Initials: `�+rtt - Date rsuarlveaa rri4nnrvwcsr�<> a =ice Greater Orlando Document Experts for Over 25 Yearsl Customized Proposal For: r 1 77 Attn: Robert Beall, Operations Mgr. CPSI RE: New Color Multi -Function Copier/printer/scanner/fax to replace older system. Proposed ECKUDCERa FS-M6535cidn COLOR Copier -Printer -Scanner -Fax Base unit includes; • 37 COPIES PPM COLOR AND B&W • DOCUMENT FEEDER/ Scanner - 75 Sheet Capacity • Network Printing- PCL & Postscript • AirPrint Enbled- Print from- Scan to i -Pad, 1 -Phone, Android systems • Network Scanning- SCAN TO EMAIL, FTP, DESKTOP (PDE, TIFF, JPEG, XPS) • Fax Board- Fax Forwarding to email in PDF • USB INTERFACE FOR SCAN/PRINT TO/FROM USB THUMB DRIVE • AUTOMATIC DUPLEXING/ 2 Sided Copy/Print/Scanning & Booklet Mode • 1 x 250 Sheet & 100 Sheet Multipurpose Tray • "Legal Size- Up to 8 V2 x 14 Size Paper • Electronic Sorting & Grouping- on-stattd wMrste l %' • Delivery, Set-up, installation & training included. • Sharepoint with OMNI page OCR • DMS Link with OMNI page OCR • Proximity Authentication Reader • Paper Cut License Service & Supplies: Includes all toners, drums, & parts. • Includes all parts, labor, toner & drums • All Preventative Maintenance Kits - On site Labor • Business Technology Partners- Providing Quality Service & Support for over 25 Years! Co -Term Lease Add -On of above listed M6535cidn to Lease # 603-0039637-000 @ $149.00/ month alb int ,�'Service: Add on to current service contract at FREE Black Copies and Color @ .0499/page. Quoted by: Cindy Mill Approved by: ' �tT• -C y t ,,\qne Business Technology Partners Signa it &Title ` Quote date: 10/19/15 41 CO p t jT STagFT Direct: (407) 283-0408 Machine Location-.__ ----��.� 4- pd, ----- ��-------- �; -----fix,; tT�t 78 z 344a 4470 3526 Street, Orlando Ft 32811 Phone: (407) 649-6490 Fax: (407) 649-0109 www.btaservice.com 10/20/2015 1000 Service Agreement Agreement No: cr nd4 Z � THIS IS A LEGALLY BINDING NON- CANCELABLE CONTRACT Customer Name Custom is Contact Person: Contact Person's E-mail: -City Of Sanford William Smith Bill.smith@sanfordfl.gov Street cityState County Zip Code Customer's Telephone 300 N. Park Avenue Sanford, FL Seminole 32771 1 407-688-5028 The PrintSaver Cost Per Print Agreement, as it may be amended or supplemented from time to time (the "Agreement"), the words "You" and "Your" mean the Customer named above. "We," "BTP" and "Our" mean Business Technology Partners, Inc. The Agreement represents the final and only agreement between You andBTPandmay not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements. The Agreement can be changed only by a written agreement between You and BTP. Other agreements not stated herein (including, without limitation, those contained in ar y purchase agreement or order between You and any third party) are not binding on BTP. You agree to pay BTP the Base Monthly Fee as indicated and 4ny excess print charges that occur from usage of the equipment stated. Equip. Description Black and White Prints Color Prints (A3 Size Print (11 "X17") = 2 Prints) (A3 Size Prints (11 "X17") = 2 Prints) ®Attached Schedule Prints (8 lb" X 11 ") = 2 (Duplex A4 SI zlize (Duplex A4 Size Prints (8 %" X 11 ") = 2 Prints) Prints) (Duplex A3 Size Prints = 4 Prints) (Duplex A3 Prints = 4 Prints) Equipment Model & Monthly Number of Prints Cost For Each Number of Prints Cost For Each Serial No. Program Included in Additional Print: Included in Program Additional Print: Fee: Program Fee: Fee: Service pricing is 0.00 - 0.00 - .04 based on Marion County contract 12-002 Equipment Location if different than Customer's address shown above): One n Two n Three n Four 1. TERM AND RENEWAL. The term of this Agreement will b gin on the date of install or upon acceptance of support (the "Commencement Date") by BTP and will continue for the term shown above ("Term"). This Agreement will automatically renew for additional one-year terms unless either party provides the other party with written notice of non -renewal at least 30 days, before the end of the existing term. Upon Your request, We will provide You with revised pricing for the renewal term days before the end of the existing term if there is an escalation in the cost of the Agreement. - ---- 2. EQUIPMENT PROVIDED. Equipment stated in this Agree ent and provided by BTP that is not purchased or leased is provided on a rental basis. You do not own the equipment and shall not convey o nership to any other party. You will allow free access to the equipment during working houring for the purpose of maintenance and supply ullfullment. Rental equipment provided must be returned to BTP should the agreement terminate for any reason. Rental equipment not ret med by You will be billed at it's then current value as determined by BTP_ 3. SUPPLIES AND SERVICE. Under this Agreement, We H Consumables) necessary to make prints and operate the Eq acknowledge that BTP will provide service for the Equipmi terms and conditions (including exclusions for accidents, i applicable Equipment service agreement shall apply. Up( service agreement. If You require service on Equipment during request using the website at www.btpservice.com, or (y) conte paper stock and staples at Your own expense; (b) You must Equipment, failure to follow the manufacturer's suggested instr agree to use the Consumables provided under this Agreement { only when needed. No "safety stock" of Consumables is permitt, the right to provide remanufactured or refurbished cartridges w Consumables to BTP if requested per BTP's directions. Any us this Agreement. Consumables are the property of BTP until full upon expiration or termination of this Agreement. We reserve t then established retail prices, plus shipping and handling char( and hold or deny shipments until the requests are validated. S THE TERMS OF THIS AGREEMENT III provide You with all toner, maintenance kits and parts (collectively called the jipment. Such Consumables maybe hand delivered or shipped to You. You nt pursuant to BTP's standard service agreement for the Equipment. The aisuse, abuse, unauthorized repair, unauthorized disassembly, etc.) of the n Your request, We will provide You with a copy of any applicable Equipment the Term, You may request service using the following methods: (x) placing a ;t BTP at 407-649-6490. You agree that: (a) You must separately purchase all separately pay the cost of repairs caused by Your negligence, misuse of the actions, or breach of any warranty or service agreement provided by BTP. You mly in the aforementioned Equipment. You agree Consumables will be provided !d under this Agreement unless special circumstances shall arise. BTP reserves Lich will perform as new. You agree to return any used cartridges or other used 3 of Consumables in devices other than the Equipment constitutes a violation of consumed by the Equipment. You shall return to BTP all unused Consumables to right to invoice You for any unused Consumables that are not returned at Our es. You acknowledge that BTP reserves the right to audit Consumables orders tipping of Consumables is included at no additional cost to You. CONTINUED ON THE REVERSE SIDE! NEXT PAGE. Accepted by BusinessTec to,Partners, Inc. Customer City of Sanfor r r Eric S. Williams, Pr By. X nn ,+ `` Date i j''i By: 1 (Date) Print Name: L' .. t tN -kAN: n i e% . a I i PrintSaver - Cost Per Print Agreement (02114) 4. PRINT COVERAGE. The cost per print is based on 5% page coverage for each color. Periodically, Print Coverage will be reviewed and if found to exceed 10% coverage of any one color, an adjustment of the affected color(s) over 5% t will be made. 5. COST ESCALATION. The CPP and program fee is based on current pricing of supplies and parts. Should costs increase, BTP may increase rates on an annual basis. 6. EXCESSIVE SCANS. The CPP and program fee is based on one scan per copy_ Should scanning exceed (3) three scans per (1) one copy, an scan charge of .003 per scan will apply to the excessive scans. 7. EQUIPMENT HARD DRiVE(S). You acknowledge full responsibility for any damages and/or financial penalties which may be incurred for disclosure of data and/or images that may be retained on the hard drive(s) of the Equipment when Equipment is returned at end of this Agreement or if the hard drive(s) are replaced for resolution of a service issue. You agree to assume all liability for the disclosure of said data and/or images and hold BTP harmless from any and all claims, including attorney's fees and costs. At an additional cost, You may purchase the Equipment's hard drive(s) and retain control of any confidential data. S. PR/NTSAVER CENTRAL SOFTWARE AND PRINT CHARGES. Each month, You agree to pay BTP, by the due date as set forth on Our invoice to You, all Base Monthly Charges, excess print charges and all other amounts due under this Agreement (including all applicable taxes). You agree to pay the Base Monthly Charges each month even if You do not make the number of prints included with the Base Monthly Charge. You may not carry over a credit from any month during which You make fewer than the minimum number of prints. You agree (a) to install BTP's meter reading and device information software (including any updates, patches, or replacement software) ("PrintSaver Central Software") on one or more of Your servers or workstations that are connected to Your network so that meter reads and device information can be retrieved from the device and transmitted via the Internet to BTP, (b) to keep the computer on which the software is installed powered on and connected to the device via Your network at all times, except during network outages and routine network maintenance. If BTP fails to receive meter reads or device information on the device(s), We will give You notice that You are in breach of this Agreement. if You do not provide BTP with meter readings within five (5) days of the date of Our request, then (i) We may estimate the number of prints used and invoice You accordingly, (ii) We will charge a fee in the amount of $25 per device that We do not receive meter readings for each month until We receive meter readings, and (iii) We will adjust the estimated charge for excess prints upon receipt of actual meter readings. If You do not provide BTP with meter readings within fifteen (15) days of the date of Our request, then We may terminate this Agreement by giving You written notice of such termination. You acknowledge that if You do not provide meter readings that BTP will not be able to provide You with Consumables and the Equipment may not function or produce prints. if We do not receive a payment in full on or before its due date, You shall pay (i) a fee equal to the greater of 1.5% of the amount that is late or $20.00, plus (ii) interest on the part of the payment that is late in the amount of 1.5% per month from the due date to the date paid. 9. LOCATION AND EQUIPMENT MOVES. You shall give BTP at least 10 days prior written notice before moving the Equipment from the location set forth above to a different location. The notice must include the mailing address of the new location so that Consumables are sent to the new location. This Agreement does not include Equipment moves. Upon request, BTP will provide a written estimate to move Equipment and re -install. 10. NO WARRANTIES• LIMITATION OF LIABILITY. THE ONLY WARRANTIES MADE WITH RESPECT TO THE EQUIPMENT IS BY BTP AS SET FORTH IN THE APPLICABLE BTP SERVICE AGREEMENT. ANY WARRANTY STATEMENT iNCLUDED WITH THE EQUIPMENT IS SUPERSEDED BY THE APPLICABLE SERVICE AGREEMENT. WE HAVE NOT MADE AND HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY APPLICABLE LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Our liability to You for any cause whatsoever shall be limited to amounts paid by You to BTP under this Agreement. This limitation shall apply regardless of the form of action, whether contract or tort, including without limitation negligence actions, provided, however, that this limitation shall not apply to damages resulting from personal injury caused by Our negligence. In no event shall We be liable to You for any special, indirect, incidental, consequential, exemplary or punitive damages in any way arising out of or relating to this Agreement. 11. LOSS AND DAMAGE. You shall bear the risk of loss and damage to the Equipment and shall continue performing all Your obligations to BTP even if it becomes `damaged or suffers a loss.. You assume the responsibility for replacement of the Equipment or paying the total ofail remaining amounts of this Agreement plus the estimated fair-market'valita of the Equipment as if the Agreement had gone to Term. PrintSaver - Cost Per Print Agreement (02114) 12. A SIGNMENT. YOU SHALL NOT SELL, ASSIGN, OR OTHERWISE TRANSFER (collectively, "TRANSFER") THIS AGREEMENT, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN CONSENT OF BTP. Any attemp ed assignment or delegation without the prior written consent of BTP shall be void. You acknowledge that BTP Tn y,without notice to You, may transfe this Agreement to the manu6kflirBr' ora -t)Yird party reseller of the manuf cturer's products. 13. T without license Agreen agree 1 and as deman You). 14. DE within You fai We mi Agreen sum of Charge due he amoun referret availab all ree reason 15. NC days a ovemic addres to this 16. AP Agreen law prii federal interprE applica 17. Mh of whit facsimi enforce enforce be a wi provisi( breach term o continu You hi Name XES AND OTHER FEES. You are responsible for all taxes (including, imitation, sales, use and personal property taxes, levies, assessments, and registration fees and other governmental charges relating to this ant (collectively, "Taxes"). We may periodically bill You for, and You ) promptly pay any Taxes. You authorize BTP to pay any Taxes when hey may become due, and You agree to reimburse BTP promptly upon for the full amount (less any estimated amounts previously paid by AULT. You will be in default hereunder if You fail to pay any amount ) days of the due date as set forth in an invoice from BTP to You or if to perform any other obligation under this Agreement. If You default, i do any or all of the following, at Our option: (a) terminate this ant, (b) require You to pay to BTP, on demand, an amount equal to the I) all amounts then due and past due, (ii) all remaining Base Monthly for the Term and (iii) all other amounts that may thereafter become Sunder to the extent that We will be obligated to collect and pay such ; to a third party (such amounts specified in sub -clauses "i" through'iiP' to below as the "Balance Due"), and/or (c) exercise any other remedy to BTP under law. You also agree to reimburse BTP on demand for onable expenses of enforcement (including, without limitation, ale attorneys' fees and other legal costs). 'ICES. Notices must be in writing and will be deemed given five (5) er mailing, or two (2) days after sending by nationally recognized t courier, to the other party's business address, or to such other designated by either party to the other by written notice given pursuant IL -CABLE LAW VENUE; JURISDICTION. Any action related to this ent shall be governed by the laws of Florida without regard to choice of ciples, and any litigation hereunder shall take place in the state or courts located in Orange County, Florida. Each term hereof shall be led to the maximum extent possible so as to be enforceable under )Ie law. CELLANEOUS. This Agreement may be executed in counterparts, all together shall constitute the same document. You agree that a 3 or other copy containing the signatures of both parties shall be as able as the original executed Agreement. The failure of either party to at any time any provision of this Agreement shall not be construed to iver of such provision or the right thereafter to enforce each and every n hereof. No waiver by either party, either express or implied, or any if these terms or conditions shall be construed as a waiver of any other condition. The provisions of this Agreement that by their nature a in effect shall survive the termination or expiration of this Agreement. reby represent to BTP that this Agreement is legally binding and able against You in accordance with its terms. Customenr'sMAInitials: `�,r V Date �Ui.:�, 4fd t7zoz sz as U. Qn Q A 00 Z ww �a 0- NN �N U0 U U� m m w WLn N w m m o O Ix a - ILU)M a a W J z 0 Q O z U w a 4iOo°tl� 3 a Y U 4; N yyr a� C Cn b T vii >. O O c3 T oggn yw�3'6oF.o ar 44 `Ew aK Eat N N c -Eh °a O N C+ > m F ao Z u ° i"�Aoc�aEi ° > ° c w b d 3T H o�Gv�.3 Ex zo �oto-q� IL 3 Q N�wO 0 0 0 E $ 0 0 moo �. > �cno u y�a Q 2 ° IL M4fY cg A R a>i :i a a W J z 0 Q O z U w a s 19 G U of T S]. J N 7 U P. Or AMML i6sropystar Kyocera Technology February 4, 2014 Mr. F. William Bill Smith Purchasing Manager City of Sanford Finance Department 300 N. Park Ave Sanford, Fl. F 33771 Dear Mr. Smith, In the event that Business Technology Partn honor our support and pricing commitment 2019. We understand that the pricing offer( Commissioners RFP -12-002. If our current p replacements. A DIVISION OF KYOCERA Document Solutions America, Inc. 3100 BRECKINRIDGE BLVD. NW BUILDING 100, SUITE 700 DULUTH, GEORGIA 30096 (770) 729-9786 FAX: (770) 729-9873 (BTP) is awarded your contract, RFP 13/14-06, we will them for the duration of the above contract that ends in is the pricing approved for the Marion County Board of Juct line changes, we will offer similar discounts on their If you have any questions, please contact mo at 770-861-1460 or dick.pieper@da.kyocera.com Sincerely, Richard C. Pieper SE Regional Sales Manager Copystar div. of Kyocera Document (770) 861-1460 Service Agreement Aonasmant No! CC n ib 44 2 THIS IS A LEGALLY BINDING NON- CANCELABLi=CONTRACT Customer Name Custom is Contact Person: Contact Person's E-mail: Ci Of Sanford Willia Smith Bill.smith@sanfordfl. ov street city State County Zip Code Customer's Telephone 1 300 N. Park Avenue Sanfor , FL Seminole 1 32771 407-688-5028 The PrintSaver Cost Per Print Agreement, as it may be amended or supplemented from time to time (the "Agreement"), the words "You" and "Your" mean the Customer named above. "We," "BTP" and "Our" mean Business Technology Partners, Inc. The Agreement represents the final and only agreement between You and BTP and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements. The Agreement can be changed only by a written agreement between You and BTP. Other agreements not stated herein (including, without limitation, those contained in any purchase agreement or order between You and any third party) are not binding on BTP. You agree to pay BTP the Base Monthly Fee as indicated and 4ny excess print charges that occur from usage of the equipment stated. Equip. Description Black and White Prints Color Prints (A3 Size Print (11 "X17") = 2 Prints) (A3 Size Prints (1 i "X17") = 2 Prints) ®Attached Schedule (Duplex A4 Size Prints (8 th" X 11 "j, 2 (Duplex A4 Size Prints (8 %" X 11 ") = 2 Prints) Prints) (Duplex A3 Size Prints = 4 Prints) (Duplex A3 Size Prints = 4 Prints) Equipment Model & Monthly Number of Prints Cost For Each Number of Prints Cost For Each Serial No. Program Included in Additional Print: Included in Program Additional Print: Fee: Program Fee: Fee: Service pricing is 0.00 - 0.00 - .04 based on Marion County contract 12-002 Equipment Location if different than Customer's address shown above): Term: Monthly One Two Three Four Five Years Commencement Date Start of Term): 1. TERM AND RENEWAL. The term of this Agreement will b gin on the date of install or upon acceptance of support (the "Commencement Date") by BTP and will continue for the term shown above ("Term"). This Agreement will automatically renew for additional one-year terms unless either party provides the other party with written notice of non -renewal at feast 30 days, before the end of the existing term. Upon Your request, We will provide You with revised pricing for the renewal term days before the end of the existing term if there is an escalation in the cost of the Agreement. 2. EQUIPMENT PROVIDED. Equipment stated in this Agreement and provided by BTP that is not purchased or leased is provided on a rental basis. You do not own the equipment and shall not convey ownership to any other party. You will allow free access to the equipment during working houring for the purpose of maintenance and supplyulifullment. Rental equipment provided must be returned to BTP should the agreement terminate for any reason. Rental equipment not ret rned by You will be billed at it's then current value as determined by BTP. 3. SUPPLIES AND SERVICE. Under this Agreement, We a Consumables) necessary to make prints and operate the Eq acknowledge that BTP will provide service for the Equipmi terms and conditions (including exclusions for accidents, i applicable Equipment service agreement shall apply. Up( service agreement. If You require service on Equipment during request using the wabsite at www.btpservice.com, or (y) conte paper stock and staples at Your own expense; (b) You must Equipment, failure to follow the manufacturer's suggested instr agree to use the Consumables provided under this Agreement only when needed. No "safety stock" of Consumables is permitt the right to provide remanufactured or refurbished cartridges w Consumables to BTP if requested per BTP's directions. Any us this Agreement. Consumables are the property of BTP until full upon expiration or termination of this Agreement. We reserve t then established retail prices, plus shipping and handling char and hold or deny shipments until the requests are validated. S 01 provide You with all toner, maintenance kits and parts (collectively called the iipment. Such Consumables maybe hand delivered or shipped to You. You nt pursuant to BTP's standard service agreement for the Equipment. The nisuse, abuse, unauthorized repair, unauthorized disassembly, etc.) of the n Your request, We will provide You with a copy of any applicable Equipment I the Term, You may request service using the following methods: (x) placing a ;t BTP at 407-649-6490. You agree that: (a) You must separately purchase all separately pay the cost of repairs caused by Your negligence, misuse of the actions, or breach of any warranty or service agreement provided by BTP. You mly in the aforementioned Equipment. You agree Consumables will be provided ;d under this Agreement unless special circumstances shall arise. BTP reserves rich will perform as new. You agree to return any used cartridges or other used of Consumables in devices other than the Equipment constitutes a violation of +consumed by the Equipment. You shall return to BTP all unused Consumables re right to invoice You for any unused Consumables that are not returned at Our as. You acknowledge that BTP reserves the right to audit Consumables orders iiooina of Consumables is included at no additional cost to You. THE TERMS OF THIS AGREEMENT APE CONTINUED ON THE REVERSE SIDEt NEXT PAGE. Accepted by Business Tec to artners, Inc. Customer: City of So Eric S. Williams, Pr By, X By: t Date) Print Name: PrintSaver -Cost Per Print Agreement (02114) X 4. PRINT COVERAGE. The cost per print is based on 5% page coverage for each color. Periodically, Print Coverage will be reviewed and if found to exceed 10% coverage of any one color, an adjustment of the affected color(s) over 5% will be made. S. POST ESCALATION. The CPP and program fee is based on current pricing of supplies and parts. Should costs increase, BTP may increase rates on an annual basis. S. EXCESSIVE SCANS. The CPP and program fee is based on one scan per copy. Should scanning exceed (3) three scans per (1) one copy, an scan charge of .003 per scan will apply to the excessive scans. 7. EQUIPMENT HARD DRIYr:tSl. You acknowledge full responsibility for any damages andlor financial penalties which maybe incurred for disclosure of data and/or images that may be retained on the hard ddve(s) of the Equipment when Equipment is returned at end of this Agreement or If the hard drive(s) are replaced for resolution of a service issue. You agree to assume all liability for the disclosure of said data and/or images and hold BTP harmless from any and all claims, including attorney's fees and costs. At an additlonal cost, You may purchase the Equipment's hard drlve(s) and retain control of any confidential data. e. PRINTSAVER CENTRAL SQFTWARE AND PRINT CHARGE$ Each month, You agree to pay BTP, by the due date as set forth on Our invoice to You, all Base Monthly Charges, excess print charges and all otheramounts due under this Agreement (including all applicable taxes). You agree to pay the Base Monthly Charges each month even if You do not make the number of prints included with the Base Monthly Charge. You may not carry over a credit from any month during which You make fewer than the minimum number of prints. You agree (a) to install BTP's meter reading and device information software (including any updates, patches, or replacement software) ("PrintSaver Central Software") on one or more of Your servers or workstations that are connected to Your network so that meter reads and device information can be retrieved from the device and transmitted via the Internet to BTP, (b) to keep the computer on which the software Is installed powered on and connected to the device via Your network at all times, except during network outages and routine network maintenance. If BTP fails to receive meter reads or device information on the device(s), We will give You notice that You are in breach of this Agreement. If You do not provide BTP with meter readings within five (5) days of the date of Our request, then (i) We may estimate the number of prints used and invoice You accordingly. (ii) We wilt charge a fee in the amount of $25 per device that We do not receive meter readings for each month until We receive meter readings, and (iii) We will adjust the estimated charge for excess prints upon receipt of actual meter readings. If You do not provide BTP with meter readings within fifteen (15) days of the date of Our request, then We may terminate this Agreement by giving You written notice of such termination. You acknowledge that if You do not provide meter readings that BTP will not be able to provide You with Consumables and the Equipment may not function or produce prints. If We do not receive a payment in full on or before its due date, You shall pay (t) a fee equal to the greater of 1.5% of the amount that is late or $20.00, plus (it) interest on the part of the payment that is late in the amount of 1.5°to per month from the due date to the date paid. S. LOCATION AND EQUIPMENT MOVES. You shall give BTP at least 10 days prior written notice before moving the Equipment from the location set forth above to a different location. The notice must include the mailing address of the new location so that Consumables are sent to the new location. This Agreement does not include Equipment moves. Upon request, BTP will provide a written estimate to move Equipment and re -install. 10. NO WARRANTIES., LIMITATION OF LIABILITY. THE ONLY WARRANTIES MADE WITH RESPECT TO THE EQUIPMENT IS BY BTP AS SET FORTH IN THE APPLICABLE BTP SERVICE AGREEMENT. ANY WARRANTY STATEMENT INCLUDED WITH THE EQUIPMENT IS SUPERSEDED BY THE APPLICABLE SERVICE AGREEMENT. WE HAVE NOT MADE AND HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY APPLICABLE LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Our liability to You for any cause whatsoever shall be limited to amounts paid by You to BTP under this Agreement. This limitation shall apply regardless of the form of action, whether contract or tort, including without limitation negligence actions, provided, however, that this limitation shall not apply to damages resulting from personal injury caused by Our negligence. In no event shall We be liable to You for any special, indirect, incidental, consequential, exemplary or punitive damages in any way arising out of or relating to this Agreement. 11, LOS$ AND DAMAGE. You shall bear the risk of loss and damage to the Equipment and shall continue performing all Your obligations to BTP even if it becomes damaged or suffers a loss.. You assume 'the responsibility for replacement of the Equipment of paying the total of all remaining amounts of this Agreement plus the estimated fair-market*value of the Equipment as 4 the Agreement had gone to Term. PrentSaver - Cost Per Pr1nt Agreement (02!14) 12. At TRANI OR IN attemE shall t transfe manuf, 13. 7 agree 1 and as deman You). 14. DE within You fai We mi Agrees sum of Charge due he amoun referre, availat all fez reason 15. Nc days 2 ovemif addres to this : 16. AF Agreer taw pri federal interpn applica 17. MII of whh facslmi enforce enforce beaw provisi breach term o contim You h, Name SIGNMENT. YOU SHALL NOT SELL, ASSIGN, OR OTHERWISE FER (collectively, "TRANSFER") THIS AGREEMENT, IN WHOLE PART, WITHOUT THE PRIOR WRITTEN CONSENT OF BTP. Any ad assignment or delegation without the prior written consent of BTP void. You acknowledge that BTP mgy..with ut notice to You, may this Agreement to the manu66MAr 'or'A,ttlrd party reseller of the ;turer's products. XES AND OTHER FEES. You are responsible for alt taxes (including, limitation, sales, use and personal property taxes, levies, assessments, and registration fees and other govemmentat charges relating to this ant (collectively, "Taxes"). We may periodically bill You for, and You promptly pay any Taxes. You authorize BTP to pay any Taxes when hey may become due, and You agree to reimburse BTP promptly upon for the full amount (less any estimated amounts previously paid by AULT. You utile be in default hereunder if You fail to pay any amount ) days of the due date as set forth in an invoice from BTP to You or if to perform any other obligation under this Agreement. It You default, I do any or all of the following, at Our option: (a) terminate this ant, (b) require You to pay to BTP, on demand, an amount equal to the i) all amounts then due and past due, (u) all remaining Base Monthly for the Term and (iii) all other amounts that may thereafter become sunder to the extent that We will be obligated to collect and pay such s to a third party (such amounts specified in subclauses "i' through "iii" to below as the "Balances Due"), and/or (c) exercise any other remedy a to BTP under law. You also agree to reimburse BTP on demand for onable expenses of enforcement (including, without limitation, ble attorneys' fess and other legal costs). rICES. Notices must be In writing and will be deemed given five (5) er mailing, or two (2) days after sending by nationally recognized it coutler, to the other party's business address, or to such other designated by either party to the other by written notice given pursuant 11,1CABI.E LAW, VENUE- JURISDICTION. Any action related to this ant shalt be governed by the laws of Florida without regard to choice of ciples, and any litigation hereunder shall take place in the state or courts located in Orange County, Florida. Each term hereof shall be led to the maximum extent possible so as to be enforceable under ile law. CELLANEOUS. This Agreement may be executed in counterparts, all h together shall constitute the same document. You agree that a a or other copy containing the signatures of both parties shall be as able as the original executed Agreement. The failure of either party to at any time any provision of this Agreement shall not be construed to iver of such provision or the right thereafter to enforce each and every n hereof. No waiver by either party, either express or implied, or any )f these terms or conditions shall be construed as a waiver of any other condition. The provisions of this Agreement that by their nature a in effect shall survive the termination or expiration of this Agreement. reby represent to BTP that this Agreement is legally binding and cable against You in accordance with its terms. Customer's Initials: Customer's — I Duce a a c 3 LF o F o TS W c a o y Bi x m x F' o �Rn ar -- n z E u 3 _ o_ m F S 8$GrS'6o $w S8 go wo mSaS o'w of ao w ro00 oo 88 0o wo t 008 N 90 0o So 08 .°.000 'o o. b g N w in G rn OdOaa 8 6 g 0 a 0 0 0 O m 0 O r m 825 So w$ m�$oo Gtr ? w8 $.m.Soo 0 8 Go 8 8 > o o a o wo er $o 'ow sno a 08 So wSt"�ooS 'o me Cdo d8 So p8 $Yo6o 0 00& S c In b8 So $$ - Soo 8 o C o a.m-oo Pi o mo o v, aw o =" wr o 88 So w8'm.m.Soo $ � G$ v N82°S6o $ 8 $ g o ... o Oo we N�vN.rT V m�m yr n V o w 818 mi°ioa `re o�iD m� 401 E. Seminole Blvd Utility/NWRF 1201 W. Seminole Blvd. Utility/Mala W P 3701 Country Club Rd Utility/Aux Plant 3100 Orlando Dr. 422 W. 14th Street Utility/Water 3540 Cameron Ave. Util/Admin isp. 412 W. 14th Street N. Park Ave Parks N. Park Ave loor 'Admin N. Park Ave floor Fulton W. Fulton Street (Admin Historic Goldsboro ring N. Park Ave 300 N. Park Ave ist floor HR 300 N. Park Ave 2nd floor Fire/Bldg 300 N. Park Ave 2nd floor Finance 300 N. Park Ave 2nd floor City Manager 300 N. Park Ave 2nd floor city Clerk 300 N. Park Ave 2nd floor Police/Admin 815 Historic Goldsboro Blvd. 1st FI Palle/Patrol 815 Hismric Goldsboro Blvd. 2nd FI Polis inv 815 Historic Goldsboro Blvd. 2nd PI Paliice/Records 815 Historic Goldsboro Blvd. 1st R Comm Imp 300 N. Park Ave 2nd floor City of Sanford- Copiers Wells Fargo Account Number Asset Description /Dept Model No. Serial Number 603-0039673-000 PSC Investigation CS5551CI LAA4100267 603-0039673-001 PSC Patrol CS5551CI LAA4100274 603-0039673-002 PSC Admin CS5551CI LAA4100275 603-0039673-003 PSC Records CS3051CI LA94200734 603-0039673-004 Utilities Water & Sewer CS4551CI LA94200726 603-0039673-005 PSC Fire CS4551CI LA74301295 603-0039673-006 Human Resources CS3051CI LA73XO0682 603-0039673-007 Public Works/Solid Waste CS3051CI LA73XO1052 603-0039673-008 Planning CS3051CI LA73700232 603-0039673-009 Building/Fire CS3051CI LA73700248 603-0039673-010 Recreations CS3051CI LA73700267 603-0039673-011 Utility Customer Service CS3051CI LA73700276 603-0039673-012 Community Development CS3051CI LA73700312 603-0039673-013 City Manager CS3051CI LA73700324 603-0039673-014 CH -Parks CS3051CI LA73700331 603-0039673-015 Finance CS3051CI LA73700342 603-0039673-016 Utility SWRF CS3051CI LA73700253 603-0039673-017 Utility Auxilary Plant CS3051CI LA73700328 603-0039673-018 Utility Main CS3051CI LA73700292 603-0039673-019 PW Fulton CS3051CI LA73700284 603-0039673-020 Utility Inspectors CS30SICI LA73700338 603-0039673-021 Utility Complex CS3051CI LA73700221 603-0039673-022 Civic Center CS3051CI LA73700316 603-0039673-023 City Clerk CS3051CI LA74301324 603-0039673-024 Parks II M6535CIDN V61)5903711 LIHEAP ?