ORDER NO. 30710 ANNUAL MAINTENANCE AGREEMENT WITH ABA MORIAH CORPORATION FOR TAX OFFICE PRINTER Came to be heard this the 28th day of January, 2008, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Approve the annual Maintenance Agreement with ABA Moriah Corporation for the Printonix P5209 Printer located in the Tax Office. ~ ~~ ~~~~~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Judge Pat Tinley MEETING DA~I'L: January 2S, 2UU~ OFFICE: County Judge TIME PREFERRED: SUBJECT: Consider, discuss, and take appropriate action regarding the annual maintenance agreement with ABA Moriah Corporation for the Printonix P5209 Printer located in the Tax Office. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Judge Tinley ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: 5:00 PM previous Tuesday @ .M. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. ~~MORIAH CORPORATION THANK YOU FOR RENEWING YOUR MAINTENANCE CONTRACT! Enclosed are two copies of your Maintenance Service Agreement. An invoice, per the terms of the agreement is enclosed and was paid with your check # 16960. *Please sign and verify the information on the enclosed contracts. *Mail one signed copy to ABA Moriah Corporation and keep one copy for your records. Return contract to: ABA Moriah Corporation P.O. Box 350 Gainesville, VA 20156 Attn: Contracts We would appreciate the opportunity to be your single source service provider, and don't forget, ABA carries a full line of consumables (ribbons, toner, developer, drum, etc.) for use in your printer. For more information, give us a call. hank you for your confidence. We iouk forward to serving you. Sincerely, CJC~Gi~2Q~ Cassandra Hammond Contract Billing (800) 288-1188 x106 MORIAH CORPORATION ***SALES OFFICES*** DAi T A5 WASHINGTON. D.C. PH:972-783-8400 PH:540-349-3166 FX:972-669-2716 FX:540-349-0993 www.abamorlah.com SOLD ~1~~~2 C(3~.~IVTY kLIDIT~~~ TO A~-TN; ACOC>I..INTS ~'AY'AEILe;~: 'TOO MAIN STRIE'Ta F+?E~C>F'I .t :I. ;s k~ERRVILLE ~T~a ?SOBS 1. ~;t ~ I. , .~ ~;~ L~ a O Cs COMMENTS: REMIT TO ATTN: ACCOUNTS RECEIVABLE P.O. BOX 850178 RICHARDSON,TEXAS 75085-0178 SHIP TO X00 ~ V/~'IINUY WILI.,IA~'[a ANNI.JAI~ l~.A1N'T'~*.NANC;fr. AC.aR~~~'I~:d~':t' ~~~IN°~'t~t;~l~7:X P~~O.S PR'TNT'~K ~~IyITF£~S:NT i.,~>C~'~"~I~ AT: I•~EF~C~ ~'OIINTY 'TA~~ t~aFT~ X01= 7 €~ t7 I+~ B~ 7 N S'I' ~ ~ F "~" I{E~.P.'V~I.~I ~', 'i".x ~SO~~~' THANK YOU ~"O~ YOU~~ ~~1 sT N1:~~S PAID IN ~'1~3.ALx C~~~CK ~.~a9S0 TERMS: 1v ~` T ~ ~'ui ~. A SALE AMOUNT MISC. CHARGES FREIGHT SALES TAX TOTAL AMOUNT RECEIVED BALANCE DUE .. ' ? °~ O. O R~ $ ~ ~., ~1 ~i . 0 O ~OO .3 %. R.7 ~J n O M1.9 Contract No. 50580 Beginning: O1-01-08 MOB T ^ u i~ll~l 1 Ending: Customer #: 12-31-08 301351 1 11J CORPORATION Billing Period: Annual MAINTENANCE SERVICE AGREEMENT DISPATCH: (540) 349-3166 or (800) 288-1188 ABA Moriah (ABA Service) agrees to provide the following maintenance service to Customer on the Equipment listed below in accordance with the terms and conditions on the reverse side: Corrective Service: All required service will be performed to correct improper functioning of Equipment which occurs as a result of normal use. Customers uninterrupted use of Equipment, however, is not guaranteed. Parts Replacement: Parts will be checked and replaced as required to prevent malfunction. Parts provided will either be new or remanufactured, at ABA Service's sole option. Parts which are replaced shall become the property of ABA Service. Preventive Maintenance: General inspection will be performed at the time of a corrective service call to check Equipment performance. Service Availability: Service will be performed Monday through Friday during normal working hours (8 a.m. to 5 p.m.) excluding holidays. ABA Service will provide prompt service and will use its best effort to have a Service Representative at Customer's location as soon as practicable after receipt of Customer's service request. When customer requests service after hours or on holidays, service will be performed subject to availability of ABA Service Representatives, at an additional charge for labor and mileage at rates in effect at the time of service. In order to obtain maintenance service, Customer must telephone ABA Service at the dispatch number depicted above, with the following Information: Customer nanre, contract number, model and serial number of Equipment, Equipment location, and nature of problem THE ADDITIONAL CHARGES LISTED ON THE REVERSE SIDE SHOULD BE READ CAREFULLY SINCE THEY MAY APPLY TO THIS AGREEMENT. The reverse side contains a full description of billing options and their respective requirements. If Annual Billing is appropriate, payment in full of the total Annual Service Charge is due and payable when Customer signs this Agreement If Customer elects Monthly Billhrg, payment for the applicable First Period is due and payable when Customer signs this Agreement; anon-cancelable Purchase Order (or other firm corru[utment) authorizing the Total Annual Service Charge pursuant to the terms and conditions of this Agreement must be provided with the signed Agreement. Bill to Customer: Kerr County Auditor Address: 700 Main Street, Room 113 City, St, Zip: Kerrville, TX 78028 Attn: Mindy Williams (830) 792-2235 Customer: Same Equipment Location: City, St, Zip: EQUH'MEN"1' COVE1tE1) t1Y'1'li1J Al~1tP:l,;ML1Y1 Model # Serial # # of Items Amount P5209 Printer 080832202904 1 1,100.00 Sub Total $ 1,100.00 Tax $ Total $ 1,100.00 ACCE BY ~ ~mm d ABA Moriah Corporation December 31, 2007 6594 Commerce Court Warrenton, VA 20187 THE TERMS AND CONDITIONS ON THE REVERSE SIDE ARE PART OF THIS AGREEMENT I am the owner of the equipment listed above, or if not the owner, the owner is And I have been duly authorized by such owner to enter into this Agreement I have read and understand the terms and conditions on the reverse and agree to be bound by them. I agree that this Ageement is the entire agreement between myself and ABA Service and that I do not rely on any proposals or prior agreements, oral or written, rela ng to the subject matter of this Agreement. Company Name TERMS AND CONDITIONS I. TERM OF AGREEMENT RENEWAL This Agreetrent will be effective when signed wrd accepted by ABA Service at Ganxsvi0e, Virginia Acceptwtce is contingent upon verifx:ation of rates roof charges. The teen of Otis Agreetrettt is cue year which begins sort ends ou the dates shown on Ote front side or any outer length of service agreed upon Should coverage lapse, Customer either tray reinstate contract [:overage by requesting and paying bout a product inspection charge attd the Total Annual Service Charge at rates then m effect or nwy obtain non- contrac:t service by paying for parts, labor wxl navel at rates at effect at Ore time of service. ABA Service reserves Ote right to withdraw arty item of Equipntew from wverage at the end of Un otitis) term, or, thereafter, on Uurty (30) days prior written notice if it m its sole discretion detenttutes that the Equipmnt ewmot be properly or ecotntnically repaired because of excessive wear or deterioratioa Slnuld this occw, Customer either may tnntuwe contract coverage by reyuestutg and payutg for product refurbisturent at rates then at effect or nwy obtain non-counac;t service by paying for parts, labor turd travel at rates in effect at the tore of service. 2. PRICING Mauneerwhce service pricing is bases) upon Un location of Ore Equipnent. The base price is applicable to Pquiprrent bcateJ widest a fifty (50) stile radius of wt auOnrized ABA Service Facility (Metro Zone). Pricutg for Equipnietn heated beyond die 50 mile radius is detemtited at prevailutg rates in accordwtce wiUt tlhe folbwuhg schedule: Zone Meno 1 2 3 4 5 6 Mileage 0-50 SIDS 76-100 101-125 126-150 151-175 176-200 Rwtge Customers heated at distwtces greater Uuut 200 stiles nwst obtain a quote for Maanenauce service. 3. PAYMENT a Atnmal Billatg. The Total Atmual service Charge is due rout payable on Ote date Custommr signs Ote Agreemnt. Paprent for wry renewal tern[ is due iu fuO wiOtit dtirty (30) days of date of renewal invoice. b. Senti-Armual, Quanerly wrd Moodily 8illatg. Payrtreut for the First Period is due wtJ payable on the date Customer signs this Agreenheut. Thereafter, all oOhes periodic paprrrus, uwludutg payrttents for wry renewal tent[, will be due and payable withut Otirty (30) days of date of utvoice. IF PAYMENT' IS NOT RECEIVED WHEN DUE, ABA SERVICE RESERVES THE RIGHT TO REFUSE SERVICE UNTII, PAYMENT IS MADE IN FULL. c. Renewal The [emu wxl tntslitioru of paragraph l tegarlirg rerwwal shall apply to non-payment of rerwwal utvttu;e. d .THERE ARE SOME LIMITATIONS TO COVERAGE LISTED IN SECTION 7 BELOW AND THESE SHOULD BE READ CAREFULLY If service is tot wvered by Utis Agreeuxnt, Custoner rrwy (rave such service perftrmted at parts, labor wrd travel charges Oten ut effect. Parrent for such servk:es will be due wrd payable nt full upon receipt of invoice or Net 30 days. 4. PRICE INCREASE AO rates are subjut to increase at Uhe cud of the utititil tern[ and, O>ereafter, at the end of wry Billuhg Period upon Utirty (30) days prior written notice by ABA Service. Cusomr nwy elect to withdraw Ohe affected Equipment from coverage by notifying ABA Service of such attention ar writing m ABA Service, P.O. Box 350, Gaatesvi0e, Virginia, 20156. If customer does not so notify ABA Service, the increased price wW be effective at the end of Ore Billing Period. 5. EQUII'MENT LOCATION Customs agrees Uwt Ote Equipu~n will lest be relocated to wt address different from Drat slnwu on Un front side of Utis Agreement widnut prior writteat trotice to Contracts Adrnuhisnwor, ABA Service. Cusrotrer agrees to pay ABA Service wry additional charges wltich nwy result from die relocation of Equiptrem from one zone ro anoOrer as wail as any oO>er applicable clwrges in htfl upon receipt of invoice. 6. LIMITATIONS OF COVERAGE THIS AGREEMENT DOES NOT COVER SERVICE NECESSITATED BY: 1) Alteration, nndificntion or service by anyone otl>er [hest wt authorized ABA Service Representative; 2) wry cause other [lour ordinwy us'e including, but not )looted to misuse, abuse, aa;idental dwrmge, ir~mper nwattetrwxe, sltippiug dwtwge; 3) useiu a nwtuter for which Equiprrent was test designed or use of parts or supplies tot rzx:ouw>ended in U>E Operators Mwmal; 4) dwttage to Equipnent due to causes external to Equipirent uteluding but not limited to power surges, power reductions or failwes, defective electrical work, electrical work external to Equipmnt, fire, flood water, wind, lighmatg wrd wry otlter natural phenomna; 5) failure of hardware, software wtd/or wnunuuication lines, rrnderns or foreign eyuipnrart cotmected to Equiprrent; ~ uutallation of accessories, attaclurents or options when uutalletion was trot perfonrted by wt authorized ABA Service Representative; 7) addition or rennval of wry atx:essory, eyuipmnt attadm>:nt or option; 8) relocation of &quiprttettt; 9) additioru or changes in die Equipnheatt specificatutn required by Customer; 10) operator inefficiency, which irwludes but is not 1'urated to cltartgutg ribborrs, adjusting ]read rnecltwtism wet loxling paper; 11) requests to supply iterns such as ribbons, tonhu, paper or paper tape; 12) product re(urbislurent or product inspection ANY SERVICE FURNISHED BUT NOT COVERED BY THIS AGREEMENT WILL BE PERFORMED AT APPLICABLE PARTS, LABOR AND TRAVEL RATES THEN IN EFFECT AND WII.L BE DUE AND PAYABLE, AS WILL ALL APPLICABLE TAXES, IN FULL, UPON RECEIPT OF INVOICE OR NET 30 DAYS, WITH COMPLETTON OF SUCH SERVICE. 7. ADDITIONAL CHARGES a Wlteu service is requested to be rendered during outer Owu trornal workutg tours (8 a m to 5 p m Monday through Friday, exclusive of htlidays) it will be perfonrred at labor wrd mileage rates Oteu ut effect rout R due and payable upon receipt of utvoice. No charge will be rwde for parts replacenteut. b. Wlteu service requires that the Service Representative remain overnight at Customr's ktcatiou, Custorrei• shall pay the expenses irwunetl by Ote Service Representative uwluduig lodging wrd mall (which shall not exceed $100.00 per [tight), upon receipt of utvoice. c. When special test eyuipntent R required to perform service, Cusrotrer shall pay On cost of rental of such eyuipmut upon receipt of invoice. d. ff Customer does not request perfonttwtce of service when a Service Representative has responded to Customr's service call, or if eiOer access is denied to Equipment or 6 Ote Service Representative is expected to wait more than thirty (30) tttamtes, Cusrotrer shall pay upon recent of imvok:e, au annum equal to Ote greater of the Service Representative's tore wrd travel or two (2) hotus of labor. e. if Customr requests installation of any chwtge other than engutcering clrauges recotrutettded by ABA Service, Customr stroll Pay for parts, labor wrd travel at rates then in effect upon receipt of invoice. S. ACCESS TO EQUIPMENT Customr agrees to provide full a~ free access to the Equipmnt end a safe environment at which to work ht no event will Ute Service Representative be required to wait longer than (30) minutes for access to the Egiriprrent. 9. ENGINEERING CHANGES ABA Service wi0 testify Custommr of and control and install those eugpteerirtg changes wlach it determines to be applicable on Equipnteut covered by this Agreement. Except for tMse c}twtges which ABA Service deems trtartdamry. Customr rosy elect mot to have engineering changes Installed by providing ABA Service wiUt written notice to such effect 10. CANCELLATION Customr tray withdraw wry item from coverage or cancel this Agreetrent during Ote initial tetra or wry recewal term by givatg notice to: Manager, Contract Administration ,ABA Service, P.O. Box 350, Gainesville, Virginia 20156. The wiUhdrawal or cancellation will be effective sixty (C>n) days from receipt of such notice. Rritlhdrawa] or ewtcellation will not relieve or release CusYOrrer from nwkutg pap»euts which are due wider the [eons of Utis Agreement prior to the effective date. ABA Service will refwrd Un pro- rated rate of mauuenwne service for the retnairuug moths of coverage less the Cwrcelladou Swcluuge when such effective date occurs before the end of Ute uutial tensor any renewal tens herewtder. ABA Service reserves the right to cancel Utis Agreetrent or to adjust the Annual Service Charge for affected Equiprttent when die specifications, attaclurents or features are rmdified by other Uuut wr auOrotized ABA Service representative. 11. DEFAULT ABA Service stud) ut no event be in default iu the perfonnauce of any of its obligations whder Otis Agreerrent wtless rout unto ABA Service shall have failed to perform such obligation within (10) days after written notice by Custonnr or such additional time as is reasonably required to eonect arty such default. Customer's notice nwst clearly state the nature of Ote default acrd be sent to: Mwrager, Connact Adrnutisvation, ABA Servu:e, P.O. Boz 350, Gautesville, Virginia, 20156. If the default is trot Otereufter corrected ABA Service's liability will be )united to refwhding Ore rate of trwintenance service for the rernairmtg rnnths of coverage on a prorated basis. ABA Service nmy withdraw any or all items of Equipment firtm coverage if C7rstonter is ut default of any of its obligations urcluding but not )united to, non Paprent of service of which wt additional dtarge was due or nonpayment of periodic billing or renewal invoice. 12. DISCLAIMER INDEMNITY AND LIMITATION OF LIABILITY IN NO EVENT WII.L ABA SERVICE BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL INDIRECT OR SPECIAL DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBII.ITY OF SUCK DAMAGES. NOR WILL ABA SERVICE 8E LIABLE FOR ANY CLAIM AGAINST TF1E CUSTOMER BY ANY OTFBsR PARTY. The ahtve 1vtutwion of liability atcludes but is not ]united to dwrwges for loss of actual or mnicipated revenue, less of date or data rendered uhaccurate, dwh>age m busuress reputation, as well as loss due to failure of wry system or component or dwnage resultatg frcnn installation wtd/or service of optioru not ~~~o~ rued by wA'~Olctrized @BA SeD~S ~Refreser a[ive~ /- , `~ 1t' fsV~i, w„'lE//M/Vy ,J~~A_'S_73 ~,.(~R~JI OMER AGREES TO IND NIFY AND SAV A SERVICE HARMLESS FROM ANY ALL CLAIMS, LOSSES, LIP.BB-I'I-IDS AND DAMAGES, INCLUDING REASONABLE ATTORNEY S FEES, RESULTING FROM INJURIES TO PERSONS OR PROPERTY ARISING FROM, GROWING OU'f OF, OR CONNECTED WITH THE USE OR OPERATION OF T}TE EQUIPMENT COVERED BY THIS AGREEMENT OR ANY ACT OR OMISSION OF CUSTOMER, CI'S EMPLOYEES OR AGENTS. TfiIS INDEMNITY WII.I. NOT, APPLY TO CLAIMS FOR PERSONAL INI[JRY CAUSED SOLELY BY ABA SERVICE. ABA Service's liability to Cusrotrer for dwtwges from wry cause wlwtscever regardless of the form of action wheUwr in eontrwa or ton, uwluding negligepce, will be Wrtited to the greater of Pive Tlnusmtd Dollars ($5,000.00) or Ote Aturral Service C}wrge ut effect at the rim the cause of action wore for Ow specific item of Equiptneut wider Oiu Agreemnt w(tich caused Ore danwge or which is Ote subject nwtter of or is directly related to Ore cause of uctiou. Tln lurritation of liability will not apply to claims for personal htjury sassed solely by ABA Service's negligence. 13. GENERAL a Modi6calion-ABA Service reserves Ote tight to nndSy the [emu acrd conditions of this Agreennnt at Ote end of On otitis) tens or wry renewal tens by giving Ute Cwstomr Otirty (30) days written mice. Customr may elect test to renew or may withdraw Ote affected Equipment from Coverage at the end of such tens by notifying ABA Service ut writing of such intention to: Manager, Cttnnact Adtnutistration, ABA Service, P.O. Btix 350, Gautesville, Virginia, 20156; Iowever, if Customr elects to renew, the tmdifreci tenrrs wrd wrtditiorts win ba apphcable du.-u,g i;G:encwa irrtas). Except as otherwise specifically stated hereut, [his Agreemnt will be nndifiect only by a written agrrztrent duly signet[ by [nth parties. b. Non-Assignability-Custom nwy not assign or vwufer this Agreemnt widnut Ute prior written approval of ABA Service. c. Applicable Law-This Agreement shall be governed by Ute laws of the State of Texas. d. Action-No action, regardless of form, arising from the transactions wider the Agreemm [troy be brought by either party sore Otwt two (2) years after Un cause of action accrued. e. Sevetability-Any provision of Utis Agreemnt which E prohibited or uuettforceable at any jurisdiction shall, as to suchjuristiictiou, be ateffecdve as to the extent of the prohibition and wtenforceable without invalidating the rerttautiug provisions of this Agreemnt. f Captions-The captions in this Agreement are forwnveitience of reference only and shall not defuse of emit any of the terms or provisions hereof. Parts considered by the manufacturer as expendable items (e.g. ribbon shield, printbands, ribbons, drums, OPC belts, thermal printheads) are excluded from this agreement.