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Home My WebLink About23326Countyof FD~~"'.~'~ "'"~;~~,i¥f:l'fjl/rg I'U:Jf'i,;U'INf'OfP'-,.-'1'.11 'J I nn !~~R~~.of General Servicesvu,-'.",T-p.-nl(J'l, Purchasing PROCUREMENT AGREEMENT Linzie L.Daniel LEASE -DIGITAL DUPLICATING MACHINE Director of Administrative Services WITH MAINTENANCE December 22,1999 Agreement No.200145F Attn:Holly Louen A.O.S.also d.b.a.T.C.M.Investments 341 W.Fallbrook Avenue Fresno,CA 93711 The County of Fresno (County)hereby contracts with A.O.S.also d.b.a.T.C.M. Investments (Contractor)for the purpose of leasing a digital duplicating machine including full maintenance services in accordance with Attachment A to this agreement, attached,and by this reference made a part hereof. TERM:This Agreement shall become effective on February 1,2000 and shall remain in effect through January 31,2003. RENEWAL:This Agreement may be renewed for two (2)additional one (1)year periods by the mutual written consent of all parties. CONTRACTOR'S SERVICES:Contractor shall perform the services as described in Attachment "A"attached. FEES:The fees for service provided under this Agreement shall be as stated on Attachment "A". ADDITIONAL ITEMS:The County reserves the right to negotiate additional items to this Agreement as deemed necessary.Such additions shall be made in writing and signed by both parties. DEFAULT:In case of default by Contractor,the County may procure the articles from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County.The prices paid by County shall be considered the prevailing market price at the time such purchase is made.Inspection of deliveries or offers for delivery which do not meet specifications will be at the expense of Contractor. 4525 E.Hamilton Avenue /Fresno,California 93702 Purchasing (209)456-7110 .Central Warehouse (209)456-7851 .Central Services (209)456-7868 Equal Employment Opportunity'Affinnative Action'Disabled Employer PROCUREMENT AGREEMENT NO.200145F A.O.S.also d.b.a.T.C.M.Investments December 22,1999 Page 2 INVOICING:An itemized invoice shall be delivered in duplicate to the County of Fresno Department of Human Services System 4449 E.Kings Canyon Road,Fresno, California 93702.The Agreement number must appear on all shipping documents and invoices.Invoice terms shall be Net 45 Days. MAXIMUM:In no event shall services performed and/or fees paid under this Agreement be in excess of $16,250.00. TERMINATION:The County reserves the right to terminate this Agreement upon thirty (30)days written notice to the Contractor.In the event of such termination,the Contractor shall be paid for satisfactory services or supplies provided to the date of termination. LAWS AND REGULATIONS:The Contractor shall comply with all laws,rules and regulations whether they be Federal,State or municipal,which may be applicable to Contractor's business,equipment and personnel engaged in service covered by this Agreement. AUDITS:Contractor shall,as required by law,ordinance,code or decree permit the County to audit and inspect all such records and data pertaining to this Agreement and at all reasonable times be open to inspection by authorized representatives of the County. LIABILITY:The Contractor agrees to: Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnify,save and hold harmless,and at County's request defend the County,its officers,agents and employees from any and all claims for damage or other liability, including costs,expenses,causes of action,claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents,officers or employees under this Agreement. INSURANCE:Provide,maintain and furnish proof of the following: 1.Comprehensive General Liability Insurance with limits of not less than $250,000 per occurrence with not less than $500,000 annual aggregate.County shall be named as additional insured on such policy.This insurance shall not be canceled or changed without thirty (30)days advance written notice. 2.Automotive Public Liability Insurance with limits of not less than $100,000 per occurrence and not less than $300,000 annual aggregate for bodily injury and not less than $50,000 property damage. G:\CONTRACTS &EXTRACTS\F\200145F AOS TCM INVESTMENTS.DOC PROCUREMENT AGREEMENT NO.200145F A.O.S.also d.b.a.T.C.M.Investments December 22,1999 Page 3 3.Workers Compensation Insurance as required by law. INDEPENDENT CONTRACTOR:In performance of the work,duties and obligations assumed by Contractor under this Agreement,it is mutually understood and agreed that Contractor,including any and all of Contractor's officers,agents,and employees will at all times be acting and performing as an independent contractor,and shall act in an independent capacity and not as an officer,agent,servant,employee,joint venturer, partner,or associate of the County.Furthermore,County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function.However,County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof.Contractor and County shall comply with all applicable provisions of law and the rules and regulations,if any,of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor,Contractor shall have absolutely no right to employment rights and benefits available to County employees.Contractor shall be solely liable and responsible for providing to,or on behalf of,its employees all legally-required employee benefits.In addition,Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees,including compliance with Social Security,withholding,and all other regulations governing such matters.It is acknowledged that during the term of this Agreement,Contractor may be providing services to others unrelated to the County or to this Agreement. NON-ASSIGNMENT:Neither party shall assign,transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS:This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations,proposals,commitments,writings,advertisements,publications, Request for Proposals,Bids and understandings of any nature whatsoever unless expressly included in this Agreement.This Agreement supersedes any and all terms set forth in Contractor's invoice.This Agreement may be amended only by written addendum signed by both parties. INCONSISTENCIES:In the event of any inconsistency in interpreting the documents which constitute this Agreement,the inconsistency shall be resolved by giving precedence in the following order of priority:(1)the text of this Agreement (excluding Attachment "A");and (2)Attachment "A"to this agreement. G:\CONTRACTS &EXTRACTS\F\200145F AOS TCM INVESTMENTS.DOC PROCUREMENTAGREEMENT NO.200145F A.O.S.also d.b.a.T.C.M.Investments December 22,1999 Attachment Page 1 of 1 ATTACHMENT "A" EQUIPMENT LEASE: Contractor shall provide one (1)new Riso GR1700 Digital Duplicator on a leased basis to the County's Department of Human Services System.Contractor shall provide such services through a division of AO.S.identified as T.C.M.Investments. The Contractor shall deliver,install and make duplicator completely operational by no later than the effective date of this agreement. Installation Address:4449 E.Kings Canyon Road Fresno,CA Delivery and installation shall be scheduled in advance with the County Coordinator. County Coordinator:Chris De Leone Phone Number:(559)262-4121 The Contractor shall retain ownership of the leased duplicator. EQUIPMENT MAINTENANCE: Contractor shall provide full coverage maintenance for the leased duplicator,as defined under the attached AO.S.Duplicator Care Program (Exhibit No.One to Attachment "A"). Schedule of Fees: Monthly Lease Fee $132.78 plus sales tax Lease fee to be invoiced monthly in arrears by T.C.M.Investments. Monthly Maintenance Fees Maintenance fee to be charged at $.0027 per copy plus sales tax Volume to be determined by monthly meter readings. The $.0027 per copy is based on a production average of 1,000 copies mer master. This average will be reviewed quarterly and the rate per copy adjusted to the appropriate rate as indicated on the attached AO.S.Usage Adjustment Chart (Exhibit No.Two to Attachment "A").The applicable rate will be that which is appropriate for the number of copies per original (as shown on the chart)that is closest to County's average copies per master for the quarter. Usage charges will be invoiced monthly as based on the $.0027 per copy rate. Adjustments to recoup under charges shall be added to the next regular monthly invoice following completion of the quarterly review. G:\CONTRACTS &EXTRACTS\F\200145F ADS TCM INVESTMENTS.DOC PROCUREMENT AGREEMENT NO.200145F A.O~S.also d.b.a.T.CJ Jnvestments ,December 22,1999 EXHIBIT NO.ONE TO ATTACHMENT "A" COUNTY OF FRESNO -PURCHASIN~IVISION ~/.. RISO DUPLICATOR/ DuplicatorCare Program All InclusiveCoverage Model GR1700 Base Rate Per Copy'$.0027 Maintenance:.Full coverage maintenance including parts,labor,service calls,and scheduled preventive maintenance calls. Consumables:All supplies Including Ink,masters and tape,excluding paper. Above rate based on 1,000copies per master.QuarterlyadJust- ments for your actual usage will be made per the attached chart. Uptime The equipment provided will be operational with 95%uptime Performance:(excluding preventive maintenance time)or we will provi~a loaner of similar or upgraded features at no additional cost,'until your equipment Is brought to operational standards. 4-Hour Response: A.O.S.guarantees that factory-certifled field service engineers will respond to your emergency service calls within an average of four (4)hours from placement of your request with our service dispatch system. Technology Partner 2000: Under this coverage,you are automatically enrolled into the Technology Partner 2000 program with all of Its benefits. ., "Our reputation is at stake with every customer;everyday.Unlike a piece of equipment,it cannot be replaced if we don't perform.Protecting our reputation and customer relationships are of the highest importance because Customers make the ultimate judgement"They take their business elsewhereif we d9n't fully meettheir needs.". Thomas C.McGowan President October 19.1999 ADS. The Dependable Solution for Image Technology ...Into !be 21st Century -'-."-.;.'"'~~,.",..",..".".,~""..".."."","""."""=",,,,,,,,,,.,".,,,,,,.~~~..-,-.,... \, \ PROCUREMENT AGREEMENT NO.200145F A.a.S.also d.b.a.T.C..Investments ,Dece'rriber 22,1999 EXHIBIT NO.TWO TO ATTACHMENT "A" COUNTY OF FRESNO.PURCHASING DIVISON RISO DUPLICATORS Model GR1700 Duplicator Care Program All Inclusive Coverage Rate Per Copy Usage Adjustment Chart NO.OF COPIES PER ORIGINAL 20 30 40 50 60 70 80 90 100 125 150 200 250 300 400 500 1000 /\O~N BASE RATE PER COpy $0.02071 0.01605 0.01290 0.01056 0.00960 0.00867 M0803 0.00737 0.00715 0.00686 0.00630 0.00562 0.00517 0.00481 0.00440 0.00429 0.00270 The Dependable Solution for hnage Technology ...Into1he 21st Century ~~"~-~"'-'--""-,,-,''''.-,,,,,,"'- j\f)!3-.TM AllIn!clusiveProtectionAgreementcforDuptica;t-ars AUTOMATED OFFICE SYSTEMS MAINTENANCE AGREEMENT BETWEEN 8dW---. 7793 Customer COUNTY OF FRESNO-PURCHASING 4525 EAST HAMILTON FRESNO,CA 93702 rJAutomated Office Systems, .,,,reafler referred to as "AOS", 1.Customer acknowledges and agrees thatthisMaintenance Agreement ("Agreement')Is entered into as a condition of sale. and/or lease,of the above-referenced equipment. 2.In consideralion of the performance IInd observance by Customer of the terms and conditions hereof,AOS agrees,subject to the terms and conditions hereof,to: (A)Perform all maintenance,including th(J cleaning,lubrication and ordinary adjustments necessary to maintain the ablove described equipment In good operating condition. (B)Replace allmechanical and electrical parts becoming damaged or warn after the date of this agreement without charge unless damage or wear to parts Is caused by fire,act of God, vandalism,or Customer misuse or negleut.AOS tlas the option of using new or racyc!ed parts In maintaining the equipment.No additional charQi~shall be made for labor unless the cause of replacement or repair of parts Is due to fire,act of God,vandalism,or Customer misuse or neglect. (C)Provide all operating supplies and consumables,except paper. 3.Customer agrees to exert reasonable care in the operation of the equipment and perform the factoryrecommended Customer care and cleaning program as described In the operating Instructions,which Is necessary to keep equipment in good operating condition. Atureement Number Model Number Serial Number --"',L..--- Contract Period 01/01/00 to 12/31/00 GR 1700 88466697 ,----- !"-~'n.-- Please Sign and Return the White Copy 4.All calls will be performed during AOS'normal working hours. Calls requested for other than ncrmal working hours will be charged to the Customer at AOS'then current rate for such service.The availability of manpower for such service will be determined solely by AOS. 5.The rate shown above is for perfonnlng service only at the location listed above.Should the Customer relocate the equipment to II different zone,the rate will be decreased or increased accordingly for the balance of the term. 6.The refurbishing of equipment described above is no:prcvided under the terms of this agreement.No such work will be performed untila wriUen estimate of charges,including parts,transpo.1ation,and labor has been submiUed to and approved in writing by the Customer. 7.This agreement doe!>not include any accessory equipment,slich as coin box aUachments,not itemized in the equipmant desdption portion of this agreement. 8.This i 9.reement is to be effective for the period of -12-months or N A copies.The period or coverage of this agroement for allequipment begins upon approval by AOS of tho mechanical and operational condition of the equipment and subsequent delivery to the Customer of a copy of this agreement duly executed by AOS and Customer.AOS reserves the right 10 adjust itsrates under th.!; agreement for cost of livingIncreases and manufacturer price increases.Unless A.O.S.receives a written cam:eIi2t;on noticA 30 days in advance of contract expiration,this agreement will automatically be renewed, Be;)inning Master Count Be{~inning Copy Count NO,tas LOCATION:DEPT OF SOCIAL SERVICES Ba!$eRate I Copy.00270 PER COpy P.O.1I200145F 9.Customer has agreed that the ba!;e rate per copy W'dS established flOITI the aUached Schedule A with an average of -1.0,00....-- cO!Jle!;per master.At each billing period which occurs al flte end of Maroh,June,September and December of each year,the copies prc1l"ced and the masters used during thai billing period win be de't'lrmined from their respective meters.Dividing the copies pleduced by the masters used will determine the average copies per m:;;:.ter.The average caples per master determindd at the end of ea(~hbilling period will determine the cost per copyfrom Schedule A for Ihe next billing period. Ct,:>;c.mer Signature Tit,., ~~Signed Ol/OSLOO Ntli"t be signed by an authorized representatfofe _i~1IIIi..-~.,-