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Home My WebLink About09-061 - Pacific Office Automation - Copier Maintenance PACIFIC OFFICE Fleet Copy Kit Agreement AUTOMATION 09 -061 Yr Parkiutnl: rnu' n, rbtanlini +n /ynmgr+izrr7n >pierc110A"Iiy Council Approval NIA 19747 A'H' 0rrreinn /r re /rrvrdrrne'•POA'7 Beaverton. OR 97006 City of Tukwila COMPANY NAME Qicrrnrc.If, rr(rredt, a "c'uvmri r COMPANY NAME /h,) ferrckrrrdn n.. "(7rsranrcr S 6200 Soulhcenter Blvd S O BILLING ADDRESS H SHIPPING ADDRESS L I D Tukwila WA 98188 P CITY STATE ZIP CITY STATE ZIP T 206 431 2192 T O TELEPHONE O TELEPHONE Diane Jaber Jennilcr Ferrer -Santa Ines ATTENTION KEY OPERATOR From Date: 5 1 2009 To Date: 511 2010 Model I Description I *Serial Number I Scans /Images I Per Scan /Image I Per Scan /Image OEM or Charge Overage Charge Compatible See Addendum A I 17 Units I 0.00787 I Color $0.089 I I I I I I I I I I I I I I I I I I I SERIAL NUMBERS REQUIRED FOR ALL EQUIPMENT, USE ATTACHMENTS IF NECESSARY Billing Cycle Monthly /Qrtly/ linage Allowance I Biannual /Yearly I Base Charge I Overage Charge BRAY Color Scans By signing this Contract, Customer acknowledges and agrees: (a) This Agreement may at any time be terminated by the Customer giving to POA thirty (30) days written notice of the Customer's intention to terminate the same. Failure to provide products on schedule may result in contract termination, (b) all terms and i conditions on the reverse side are an integral part of this Contract; (c) to fully understand all terms and conditions stated herein, and (d) this Contract is the entire agreement between Customer and Pacific Office Automation relating to the equipment and services described herein, and can be changed only by written 1 agreement signed by both parties. Customer Authorization ADDrov by Pac i fic Offi Automation( M siglrr a Till irinoe Title JeArhej Prim Date Print Date 1 P FLF.F.T COPY KIT AGRF.FTIGNT 4-21R ^f- •(C /mil/ 'Fleet Copy Kit Agreement Terms and Conditions POA SERVICES As consideration for the payments and obligation of Customer hereunder, Pacific Office Automation, Inc. "POA shall provide all, labor, parts and toner required for the normal operation and maintenance of the equipment described in Ex. "A" attached (the "Equipment' excluding paper, staples, relocation and freight. If color toner is included, the color toner will be supplied within the base charge based upon the manufacturer's standard yield, with excess toner to be billed at POA s published price. Repairs or maintenance to the Equipment caused by casualty or misuse are not covered, and will be billed at POA's standard rates. SERVICE CALLS Service calls by POA hereunder will be made at the Installation address shown on page 1, during the hours of 8:00 a.m. to 5 p.m., Monday through Friday (excluding holidays). Service requested at any other time will be billed at POA's standard overtime rates. CHARGES. Customer agrees to pay POA the Base Charge and Overage Charge as stated on page 1 of this agreement. Other charges hereunder will be payable 30 days net invoice date, unless otherwise agreed in writing. Payment to be made at POA s address stated on page 1 unless otherwise directed in writing by POA. POA shall have the right to increase the Base and Overage Charge annually by not more than 10 RECONDITIONING If in its sole discretion, POA determines the Equipment camtot be properly maintained in good working order due to age or other factors, POA will submit to Customer an estimate of required reconditioning costs, which will be in addition to the Charges hereunder If Customer does not authorize the recommended reconditioning, POA may discontinue service for the Equipment and the Charges here shall be adjusted accordingly TERM. This Agreement shall become effective when executed by the parties and shall continue for the number of copies or term stated on page 1 This Agreement shall be automatically renewed for successive one year terns unless the terminating party provides not less than 30 days written notice to the other party of the intent to tenninate. KEY OPERATOR. Customer agrees to designate and make available a suitable person who will be trained by POA to operate and supervise the operation of the Equipment. Customer shall promptly notify POA if such key operator is no longer available to supervise the operation of the Equipment. DEFAULT If Customer fails to pay or perform any obligation hereunder all past due amounts shall bear interest at I.S% per month until paid, and POA shall have all remedies under applicable law, including the termination of service hereunder If POA fails to perform its obligation hereunder, Customer shall have all remedies available under applicable law; provided however, under no circumstances shall POA be liable for consequential damages or lost profits. ACCESS AND ELECTRICAL REQUIREMENTS Customer shall provide POA technicians access to all sides of the Equipment and the manufacturer's specified electrical power for each piece of Equipment. DAMAGE TO EQUIPMENT Customer acknowledges and agrees POA is not an insurer of the Equipment and Customer shall be solely responsible for all costs to repair or replace Equipment that is lost or damaged by theft, casualty or misuse. ATTORNEY FEES. In the event of legal action arising from this Agreement, including any proceeding in bankruptcy or on appeal, the prevailing party shall be entitled to recover, in addition to any other remedy or relief, its reasonable attorney fees. COMPLETE AGREEMENT This Agreement represents the entire agreement of the parties and supersedes all prior oral and written agreements and communications between the parties concerning the maintenance of the Equipment. FLEET COPY KIT AGREEMENT 4 -2(919 INDEPENDENT CONTRACTOR. POA and Customer agree that POA is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither POA nor any employee of POA shall be entitled to any benefits accorded Customer employees by virtue of the services provided under this Agreement. The Customer shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to POA, or any employee of POA. INDEMNIFICATION POA shall indemnify, defend and hold harmless the Customer, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of POA, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the Customer, its officers, agents and employees, POA expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of POA. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the Customer, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted fiom the concurrent negligence of the Customer, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of POA, its officers, agents, and employees. FLEET COPY KIT AGREEMENT 4-21XIK x