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Home My WebLink AboutP-21-171 Amend 1 Mark Andy.pdf r,0 County of Fresno INTERNAL SERVICES DEPARTMENT ROBERT BASH, DIRECTOR—CIO O 185 _ O Facility Services • Fleet Services • Graphics Information Technology • Purchasing Security • Telecommunications AMENDMENT NUMBER ONE (1) Agreement Number: P-21-171 August 30, 2022 Mark Andy, Inc. 7561 Solution Center Chicago, IL 60677-7005 Contract Number P-21-171 covering annual maintenance and service for support to the check pressure sealer/folder machines is amended as follows: The contract with your company expired May 31, 2022. The County of Fresno desires to extend this contract for an additional one (1)year period effective June 1, 2022 through May 31, 2023. Prices will be firm for the contract period. Amendment provisions shall remain in full force and effect with any contract 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 Yvette Jamison, Purchasing Technician, at(559) 600-7110 or email iamisvCcDfresnocountvca.pov. 333 W. Pontiac Way,Clovis,CA 93612/(559)600-7110 The County of Fresno is an Equal Employment Opportunity Employer CONTRACT NO. P-21-171 Page 2 Mark Andy, Inc. August 30, 2022 FOR THE COUNTY OF FRESNO ligitally signed by Gary Gary CO rn U e I I e Date:2022.09.14 12:5:001nuelle-07 00' Gary E. Cornuelle Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 GEC:YJ G:\PUBLIC\CONTRACTS&EXTRACTS\2021 CONTRACTS\P-21-171 MARK ANDY INC\P-21-171 AMEND 1 MARK ANDY.DOCX CONTRACT NO. P-21-171 Page 3 Mark Andy, Inc. August 30, 2022 CONTRACTOR TO COMPLETE: Company: Mark Andy, Inc. dba Mark Andy Print Products Type of Entity: ❑ Individual ❑ Limited Liability Company ❑ Sole Proprietorship ❑ Limited Liability Partnership ■� Corporation ❑ General Partnership Carla Bruns Digitally signed by Carla Bruns Signature Date:2022.09.14 11:11:24-05'00' Carla Bruns Offset Service Supervisior, West 09/14/2022 Print Name and Title Date Debra H mer Digitally signed by Debra Hymer Signature y Date:2022.09.14 11:23:50-05'00' Debra Hymer Customer Care Representative, Billing 9/14/2022 Print Name and Title Date 18081 Chesterfield Airport Road Chesterfield MO 63005 Address City State Zip 636-681-9084 (636) 532-4701 carla.bruns@markandy.com TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS ACCOUNTING USE ONLY ORG No.: 56108550 Account No.: 7295 Requisition No.: 5612300208 (2/2021) G:\PUBLIC\CONTRACTS&EXTRACTS\2021 CONTRACTS\P-21-171 MARK ANDY INC\P-21-171 AMEND 1 MARK ANDY.DOCX PROCUREMENT AGREEMENT NUMBER: P-21-171 Attachment Page 1 of 3 Mark Andy Inc. August 30, 2022 A TTA CHMENT A m OML R amw canov Mark Andy Inc.,18081 Chesterfield Airport Road Chesterfield,MO 63005 USA Tel+1 877-412-3629 Option#7,Option#4 Fax+1 636-532-4701 www.markandy.com Equipment Location: Bill to Location: COUNTY OF FRESNO-CA 118189 000 COUNTY OF FRESNO-CA 118189 000 205 WEST PONTIAC WAY 205 WEST PONTIAC WAY CLOVIS,CA 93612 CLOVIS,CALIFORNIA 93612 Contact:LICHEN ZHAO Sales Representative:DEBBIE HYMER Phone:(559)600-2216 (Required on contract) Agreement Number:SC00006567 Start Date:06/01/2021 P.O.#: End Date:08/31/2024 Legacy Formax and PSV-DPI Models BRONZE Labor Parts Preventive Response Labor Other Machine Serial# Hours Discount Maintenance Covered Time Discount Shipping Discounts Total Covered 3 visits Per 3 Consumable yeadlinid 2 Parts:15% FD-2054 1191807 service labor 25% visits per year lvttit 2 service Standard 20% 2nd Day 10,460.00 USD hours per each labor hotrs per each visit Rubber visit Rollers:15% 18 3 Consumable 3 visits per emllimit z Parts:15% FD2052 2215 service lab" labor 1 visits per year/limit 2 service Standard 20% 2nd Day 10,460.00 USD tabor hours per each visit Rubber hours per Rollers:15% each visit 18 3 Consumable 3 visits per SK- eadlimit 2 1 visits per year/limit 2 service Parts:15% BRLNSK 01042 service labor 25% labor hours per each visit Standard 20% 2nd Day 10,460.00 USD hours each Rubber visit pef Rollers:15% Billing Annual Zone US Zone 5 (201-300 miles) Total Cost 31,380.00 USD s Labor hours on contract for on-site service calls and travel is included up to covered hours •Any applicable sales tax will be added at time of invoice TOTAL AGREEMENT COST31,380.00 USD Authorized Customer Signature(Please Print) Authorized Mark Andy Inc.Signature(Please Print) Authorized Customer Signature Date Authorized Mark Andy Inc.Signature Date Contract must be signed,dated,and received by Company u¢thin 30 days of Start Date or pricing/offer is no longer valid. G:\PUBLIC\CONTRACTS&EXTRACTS\2021 CONTRACTS\P-21-171 MARK ANDY INC\P-21-171 AGREEMENT MARK ANDY.DOO( PROCUREMENT AGREEMENT NUMBER: P-21-171 Attachment Page 2 of 3 Mark Andy Inc. August 30, 2022 �HWICW Mark Andy Inc.,18081 Chesterfield Airport Road Chesterfield,MO 63005 USA Tel+1 877-412-3629 Option#7,Option#4 Fax+1 636-532-4701 www.markandy.com The terms and conditions on the following pages form a part of this agreement.By signature on agreement,Customer confirms reading,understanding,and agreeing to all such terms and conditions.AB additional and/or different terms are expressly rejected by Company and are excluded from this agreement.No modification to this agreement shall be binding on Company unless agreed to in writing by a corporate officer of Company. Equipment condition It is understood that the equipment covered in this agreement is in good operating condition at the time the contract starts.Good operating condition is defined as currently able to operate and all safety features intact according to product manufacturer's specifications with no unauthorized modifications.If machine is found not to be in good operating condition upon first onsite service event,an estimate will be provided to bring the machine up to good operating condition by Company and any previously agreed upon start date becomes null and void.This work must be performed to Company's satisfaction before contract can take effect.For new contracts or contracts that have lapsed more than 90 days,it is possible that an equipment inspection will need to be performed by an engineering representative from the company prior to actuation of the contract. Equipments within Labor hours covered include on-site service visits for emergency and standard calls outside of preventive maintenance visits.Travel is included for the covered hours and preventive maintenance visits in the agreement price quoted.Preventive maintenance is an evaluation only and does not include parts installation.Preventive maintenance visits require a 15 day advance notice for scheduling.AB visits,including those cancelled by Customer within 24 hours of scheduled visit,have a one hour labor minimum. All service calls must be initiated by calling 1-877-412-3629. 1. [RESERVED] 2. Company agrees,subject to the terms and conditions hereof,and at no charge beyond that described in Paragraph 3.a below,to perform these services set forth here 3. Customer agrees to: a.Pay Company in accordance with the payment plan indicated by Billing Type of this agreement b.Exert reasonable care in the operation of the equipment and perform the factory recommended customer care and cleaning program described in the operating instructions for the equipment c.Replace all non-included parts,consumable and supply items as recommended by OEM or as often as is necessary to maintain the equipment in good operating condition d.Provide all power requirements and environmental conditions for the equipment as specified in the operating instructions e.Accept sales and service communications from Company via fax and/or email 4. a.All scheduled maintenance inspections and intervening calls will be made during Company's normal working horns Calls requested for other than Company's normal working hours will be charged to Customer at Company's then prevailing rate for after-hour service The availability of and charges for manpower on after-hour service,and for other service not included order this agreement,will be determined solely by Company b.The rate shown on page 1 is for providing service only at the location shown on page 1 Should Customer relocate the equipment to a different location,the rate may be decreased or increased accordingly based on zone charges for the balance of the term c.The rate for providing service shown on page 1 is a pricing structure based on the service cost-savings the Company receives when the Customer uses only Company-approved or Company-certified media on the equipment The Company derives this rate based on the Company's experience of service costs for our equipment when used solely with Company-certified or Company-approved media Notwithstanding anything stated herein to the contrary,should the Customer use media on the equipment that is not Company-certified or Company-approved,the Company in its sole and unfettered discretion may immediately either(i) adjust pricing or(ii)ternmurte this agreement Subsequent to termination,the Company may provide service to Customer on a time and materials basis d.Company reserves the right to change the rates shown on agreement from time to time,upon not less than 30 days notice to the Customer Customer has right to cancel within those 30 days due to the price change and no cancellation fees will be applied by Company 5.The overhauling and/or rebuilding of the equipment are not provided under the terms of this agreement No such work will be performed until a written estimate of charges, including parts,transportation,and labor has been submitted to and approved in writing by Customer 6.This agreement does not cover any accessory equipment,including lock box attachments,not itemized on this agreement 7.When applicable,federal,state,and local taxes(except taxes based on Company's net income)will be bome by the Customer 8.Company shall have no obligation hereunder to famish any labor or parts for purposes of repairing damage to or malfunction or the equipment caused by any of the following:(a)abuse,misuse,neglect use of parts or supplies which do not meet the manufacturer's specifications,including the use of media not approved or certified by the Company;(b)failure to follow the customer maintenance procedures described in the operating instructions for the equipment;(c)fire,flood,lightning or any other act of God;(d)failure to provide a power supply or an operating environment for the equipment which conforms to the manufacturer's specifications;(e)the repair,servicing, adjustment or modification of the equipment by anyone other than Company's authorized service personnel;(1)catastrophic damage caused by an improperly installed blanket or consumable item;or(g)catastrophic damage caused by a defective blanket 9.If parts are provided under this Agreement,they may be new,serviceable used or reprogrammable items with acceptable performance based on the sole discretion of the Company.Mark Andy will use commercially reasonable effort to supply requested parts,but is not liable for sourcing or providing any parts that are obsolete at the time of order.in the unlikely event that Mark Andy cannot supply materially necessary parts to resolve equipment downtime,upon Customer's request,Mark Andy will cancel the Agreement and provide a prorated credit or final contract invoice,as applicable.For agreements that do not cover parts,Mark Andy will use commercially reasonable effort to supply parts for Customer equipment when requested but does not guarantee their availability. 10.If parts are not covered I00%under this Agreement,the applicable federal,state,and local taxes and shipping charges appropriate for the parts used during service will be home by the customer under a separate invoice 11.CUSTOMER'S SOLE REMEDY FOR ANY BREACH BY COMPANY SHALL BE PERFORMANCE OF MAINTENANCE OR REPAIR OR REPLACEMENT OF ANY DEFECTIVE PART COMPANY'S MAXIMUM LIABILITY HEREUNDER SHALL IN NO EVENT EXCEED THE PRICE PAID BY CUSTOMER HEREUNDER IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY INDIRECT,INCIDENTAL,SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES(INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOSS OF BUSINESS)SUFFERED OR INCURRED BY CUSTOMER OR ANY OTHER PERSON,EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES THE FOREGOING RIGHTS AND REMEDIES OF CUSTOMER ARE IN LIEU OF AND IN EXPRESS LIMITATION OF ANY AND ALL OTHER WARRANTIES,EXPRESS,IMPLIED OR STATUTORY,OR ARISING BY OPERATION OF LAW,INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THE TERMS OF THIS AGREEMENT,INCLUDING SPECIFICALLY THIS PARAGRAPH 11,ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE CUSTOMER AND THE COMPANY COMPANY'S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE AGREED LIMITATION OF LIABILITY. 12.In no event shall Company be responsible for any delay or failure to perform under this agreement where such delay is due to causes beyond Company's reasonable control 13. a.This agreement shall be in effect for an initial term(the"Initial Term")beginning on the"Agreement Start Date"shown on page 1 of this agreement and continuing for the number of months shown as the"Initial Term Months"on page 1 of this agreement,subject to approval by the Company of the mechanical and/or operational condition of the equipment and subsequent delivery to Customer of a copy of this agreement duly executed by Company and Customer It is understood that the equipment covered in this agreement is in good operating condition at the time the contract starts Good operating condition is defined as currently able to operate and all safety features intact according to product manufacturer's specifications with no unauthorized modifications If machine is found not to be in good operating condition upon first onsite service event,an estimate will be provided to bring the machine up to good operating condition by Company and any previously agreed upon start date becomes null and void This work must be performed to Company's satisfaction before contract can take effect b.The Company may at any time either(i)cancel this agreement or(ii)modify the pricing,if the Customer has used media that is not Mark Andy-approved or Mark Andy certified media on the mechanical and/or operational equipment covered under the terms of this agreement 14. This agreement may be canceled by Company or Customer at any time by ninety(90)days advance notice.Such notice for termination must be provided in writing to the other party,and the contract shall terminate ninety(90)days from the date such notice is received by the other party(the"Termination Date").If the Termination Date is prior to the end of the Initial Term(or any renewal term),the Customer shall receive a prorated credit for days between the Termination Date and the end of the initial Term (or any renewal term),less a Cancellation fee of 33% 15. a.If Customer cancels this Agreement before the end of the Initial Term,Company has right to charge Customer on a time and materials basis for all services if the cost of such services is greater than the cancellation penalty fee described in section 14 of this Agreement. b.The Company reserves the right to cancel this Agreement for non-payment of invoices Should non-payment occur,the company will provide written notice to the customer requesting full payment of the past due amounts within ten(10)business days.If no payment is received within 10 day business days,the Company G:\PUBLIC\CONTRACTS&EXTRACTS\2021 CONTRACTS\P-21-171 MARK ANDY INC\P-21-171 AGREEMENT MARK ANDY.D00( PROCUREMENT AGREEMENT NUMBER: P-21-171 Attachment Page 3 of 3 Mark Andy Inc. August 30, 2022 ML M� BMW Mark Andy Inc.,18081 Chesterfield Airport Road Chesterfield,MO 63005 USA Tel+1 877-412-3629 Option#7,Option#4 Fax+1 636-532-4701 www.markandy.com may,at its discretion,cancel this Agreement and Customer agrees to pay either the contract cancellation penalty fees described in section 14 of this Agreement, or the sum total of service rendered to date at Company's then-current list price. 16'This agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of Missouri 17.This agreement sets forth the parties'entire agreerent as to Company's maintenance of the equipment and sale of consumables,as further set forth below This Agreement supersedes any previous understandings,negotiations,promises,commitments,or agreements between the parties All additional and/or different terms in any previously existing or strbsequent purchase order or related document are expressly rejected by Company and we excluded from this agreement No modification to this agreement shall be binding on Company unless agreed to in writing by a corporate officer of Company 18.Excluded Items for equipment under contract: Chillers unless otherwise specified under"Other discounts"on page 1 Any third party parts,service or labor not arranged/purchased directly by Company Any parts of a consumable nature are not included in the agreement(rubber items,blades,chemicals,"supply"items,etc)unless otherwise stated.Some examples of excluded items are defined below: Presses(Traditional and DI Presses): Ink and Water Rollers(Rubber),Form Rollers,Blanket Rollers,Gaskets(Rubber),Belts(Feeder,Timing,IV),Bottle packing,Doctor blade,Lamps(all),Bulbs,Blankets, Brushes,Rotary Joints,Hoses(Rubber,Plastic,other),Suckers,Filters(All),Covers,Cleaning Supplies,Chemistry Products,Software Upgrades,Hardware Upgrades CT? (Computer to Plate Devices): Rollers(All),Gaskets(Rubber),Belts(Feeder,Timing,V),Bottle packing,Lamps(all),Bulbs,Brushes,Hoses(Rubber,Plastic,other),Filters(All),Covers,Cleaning Supplies,Chemistry Products,Software Upgrades,Hardware Upgrades Finishing Equipment(Post Press): Blades,Crimper Pliers,Rollers(Rubber),Trimmer Knives/Anvils,Stapler/Stitcher Heads,Seperator Pads,Feed Tires,Lamps(all),Bulbs,Drill Bits,Drilling Blocks, Bill/Coin Changers,Dies and Punch Sets,Cutter Wheels,Heat Strips,Sealing Wires,Stitcher/Stapler Heads,Staple,Rubber Vacuum mats,Brushes,Hoses(Rubber, Plastic,other).Suckers,Filters(All).Cleaning Supplies,Chemistry Products,Software Upgrades,Hardware Upgrades As noted above,this is not a comprehensive list but a representative of types of products excluded under contract unless otherwise noted as attachment to agreement G:\PUBLIC\CONTRACTS&EXTRACTS\2021 CONTRACTS\P-21-171 MARK ANDY INC\P-21-171 AGREEMENT MARK ANDY.DOO(