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Home My WebLink AboutP-16-341-L Caltronics Business Systems Amend 1.pdfCONTRACT INFORMATION SHEET DATE: Contract No.: Vendor Number: Contract Title: Name/Address: Contract Period: Representative: Using Agencies: Phone No.: Email: Terms: Bid Reference No.: Total Contract Amt.: $ Buyer Name: Requisition No:Org: Supersedes: NEW RENEWAL ADJUSTMENT REFERENCE TICK DATE DESCRIPTION: SPECIAL INSTRUCTIONS: DISTRIBUTION: Completed By: Date: Completed By: Date DEPARTMENT: REQUISITIONER: cn 5/13 County of Fresno INTERNAL SERVICES DEPARTMENT ROBERT BASH, DIRECTOR – CIO Facility Services • Fleet Services • Graphics Information Technology • Purchasing Security • Telecommunications 333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110 * The County of Fresno is an Equal Employment Opportunity Employer * AMENDMENT NUMBER ONE (1) Agreement Number: P-16-341-L April 30, 2021 Caltronics Business Systems 7485 N Palm Ave. Suite 100 Fresno, CA 93711 Contract Number P-16-341-L covering ongoing maintenance services is amended as follows: The contract with your company expires June 14, 2021. The County of Fresno desires to extend this contract for an additional one (1) year period effective June 15, 2021 through June 14, 2022. Prices will be firm for the contract period. Amendment provisions shall remain in full force and effect with any contract renewals. Delete Attachment “A” dated June 13, 2016 and replace with Attachment “A” dated April 30, 2021. Electronic Signatures. The parties agree that this Agreement may be executed by electronic signature as provided in this section. A. An “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) of a handwritten signature. B. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). D. Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. Please acknowledge your acceptance by returning all pages of this letter to my office via email or USPS. If you have any questions, please contact Crystal Nino, Purchasing Technician, at (559) 600-7110 or email cnino@fresnocountyca.gov. CONTRACT NO. P-16-341-L Page 2 Caltronics Business Systems April 30, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\L\P-16-341-CALTRONICS\P-16-341-L CALTRONICS AMENDMENT 1.DOCX FOR THE COUNTY OF FRESNO Gary E. Cornuelle Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 GEC:cn G:\PUBLIC\CONTRACTS & EXTRACTS\L\P-16-341-CALTRONICS\P-16-341-L CALTRONICS AMENDMENT 1.DOCX Gary Cornuelle Digitally signed by Gary Cornuelle Date: 2021.05.12 11:58:36 -07'00' CONTRACT NO. P-16-341-L Page 3 Caltronics Business Systems April 30, 2021 G:\PUBLIC\CONTRACTS & EXTRACTS\L\P-16-341-CALTRONICS\P-16-341-L CALTRONICS AMENDMENT 1.DOCX CONTRACTOR TO COMPLETE: Company: Type of Entity: Individual Limited Liability Company Sole Proprietorship Limited Liability Partnership Corporation General Partnership Signature Print Name and Title Date Signature Print Name and Title Date Address City State Zip TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS ACCOUNTING USE ONLY ORG No.: 43600200 Account No.: 7295 Requisition No.: 4362102016 (2/2021) Caltronics Business Systems Dan Reilly Digitally signed by Dan Reilly DN: cn=Dan Reilly gn=Dan Reilly c=US United States l=US United States o=Caltronics ou=Executive e=reillyd@caltronics.net Reason: I am approving this document Location: Date: 2021-05-11 15:40-07:00 Dan Reilly, President 5/11/21 Barry Crider Digitally signed by Barry Crider DN: cn=Barry Crider gn=Barry Crider c=US United States l=US United States o=Caltronics ou=Executive e=criderb@caltronics.net Reason: I am approving this document Location: Date: 2021-05-11 15:40-07:00 Barry Crider, Chief Operations Officer 5/11/21 10491 Old Placerville Rd Ste 150 Sacramento CA 95827 916-363-2666 criderb@caltronics.net Installed Location: Customer Bill To: Name Name Address Address City City State Zip State Zip Primary Contact Meter Contact Name: Name: Phone: Phone: Email: Email: to Ź This agreement assures that the equipment will be serviced by factory trained field technicians and includes all service, parts and supplies. Ź Parts and Supplies - Caltronics uses only OEM and top quality supplies to service and supply your system. Ź Free Loaner - Caltronics will provide a free loaner of equal or greater capability in the event that it cannot be repaired onsite. Ź Call Ahead Program - A technician will call you within two business hours of receiving your service request. If the issue cannot be resolved by phone, you will be given an estimated time of arrival. Pricing does not include paper, staples, applicable taxes and freight charges. Signature Print Name Title Date Accepted by Caltronics Business Systems Signature Print Name Title Date Caltronics Guarantee Power requirements may include a dedicated line and receptacle as described on the Site Requirements Form. Authorization / Acceptance Customer Authorization Charge Per Copy Rate Contracted Usage Base ID #Model Serial Number Color B/W Color B/W Prestige Maintenance Agreement Billing Cycle Start Date: Monthly Annual Billing Cycle Quarterly COUNTY OF FRESNO - PUBLIC WORKS KEVIN OLIVAS 559-600-4293 KOLIVAS@FRESNOCOUNTYCA.GOV 6/27/226/28/21 96405 BIZHUB 1100 A799011000228 .00497 93721 2220 TULARE ST STE 625 6TH FL FRESNO CA 93721 COUNTY OF FRESNO 2220 TULARE ST FL 6 FRESNO CA ✔ Attachment "A" Page 4 Customer Bill To: Address City State Zip Signature Print Name Title Date Accepted by Caltronics Business Systems Signature Print Name Title Date Authorization / Acceptance Customer Authorization Prestige Maintenance Agreement - Terms and Conditions 1) Description: This managed service contract will cover all unscheduled repairs upon request by customer during the hours of 8:00 AM to 5:00 PM., Monday thru Friday, on the equipment listed herein. Service outside of Caltronics normal working hours shall be provided on an “if available” basis and customer shall pay Caltronics it’s “after hours rate” then in effect. 2) Commencement: This is an annual contract, billed monthly, quarterly or annually in advance. The contract will commence upon delivery to customer. This contract qualifies for automatic renewal after 12 months from the contract start date, unless written notification of intent to cancel is received 30 days prior to the renewal date. See section 9 for cancellation details. 3) Charges: The minimum monthly payment and all other sums are due and payable to Caltronics. In return for payment, customer is entitled to produce copies and prints up to the allowance listed on the contract. Any copies or prints produced in excess of the allowance will be billed at the rate listed on the contract. The minimum monthly payment and excess copy rates are subject to an automatic annual increase. Supplies will be allocated based on manufacturer’s specified yields. We reserve the right to charge customers for excess supply usage. Loaner machines will be charged at the customer’s current per copy rate. Per copy charges based on single sided sheet of paper up to 8 1/2 x 14. Per copy/print charges for all Wide Format devices are based on a per square foot measurement on single sided sheet of paper. 4) The sales tax included on your contract invoice corresponds to the use of tangible personal property which includes toner usage. Customer agrees to pay sales tax as required by the California Department of Fee and Tax Administration. 5) Meters: Customer is responsible for providing Caltronics a meter reading on all equipment under contract on the billing date. If customer fails to provide an accurate meter reading, customer agrees to accept estimated meters based on service history for billing purposes. Caltronics may enable machines to automatically report meters and machine related information to better service our customers. It is the responsibility of the customer to ensure that the correct settings and/or defaults are set in the machine, print driver or applications when it relates to color copies/prints. Customers will be responsible for copies/prints produced based solely on the color (if applicable) and b/w meter readings as indicated by the machine. 6) Relocation: It is strongly recommended that our personnel prepare equipment prior to a move and reinstall equipment immediately following a move. Labor will be charged at our current hourly rates. If relocation is effected by the customer, Caltronics reserves the right to examine the machine at the new site. If repairs are required Caltronics will submit a quote for the repairs. If charges are approved by the customer, Service Contract will resume at the new site (after repairs). If not accepted by the customer, the Service Contract will be canceled effective immediately with not further obligation to either party. 7) Assignment: This agreement is non-transferable, non-assignable, non-refundable, and becomes void upon sale or transfer of the equipment. Caltronics may apply any unused portion of maintenance charges towards future purchases with Caltronics at its sole discretion. 8) Breach or Default: Caltronics may withhold service or terminate this agreement if the Customer fails to comply with any of the items and conditions of this agreement, or acquires a past due balance for services rendered and/or products sold of more than 30 days from date of invoice. Customer agrees to pay reasonable attorney fees and legal expenses incurred in exercising any of its rights and remedies upon breach of agreement. Caltronics reserves the right to terminate this agreement if the machine becomes obsolete and parts and/or supplies become unavailable. Service by anyone other than Caltronics, or use of parts or supplies from anyone other than Caltronics will void this agreement. 9) Cancellation: In the event of cancellation by the customer prior to the expiration date, Caltronics will bill and customer will be obligated to pay early termination charges equaling at least 50% of the remaining contract term based on the average dollar amount of the last 6 months of billing. 10) Items not included: A)Freight charges on toner B) relocation of equipment, C) coverage for non-OEM peripherals, D) 3rd party “compliance” firms hired by customer, E) damage caused by misuse or neglect, theft, vandalism, environmental conditions beyond manufacturers recommendation, power related issues, fire, water. Caltronics will not be responsible for direct, incidental, or consequential damages, including but not limited to damages arising out of the use of or performance of software, equipment, or any economic loss. Free loaner program does not apply to wide format products. 11) Issues caused by customers computer hardware/software, including applications, are not covered under this agreement. Any changes, modifications, or upgrades to customers network, including applications and operating systems necessitating a call from a technician are not covered by this agreement and will be billed at our current hourly rate. 12) The terms of this agreement may not be altered or amended unless authorized in writing by an officer of Caltronics. All other agreements or commitments for service and supplies are rendered invalid with the approval of this agreement. This agreement shall be governed by the laws of the state of California. COUNTY OF FRESNO 93721 2220 TULARE ST FL 6 FRESNO CA Attachment "A" Page 5