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).
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within,
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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
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agree 1
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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.
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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
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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
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818
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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
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