HomeMy WebLinkAboutPR 17871: STAR GRAPHICS Memorandum
City of Port Arthur, Texas
Health Department
TO: Floyd T. Johnson, City Manager
FROM: Judith A. Smith, RN, BSN, Director of Health Services
DATE: August 26, 2013
SUBJECT: Proposed Resolution No.17871
Re: Service Agreement between the City of Port Arthur and Star Graphics for
copier for Vital Statistics
RECOMMENDATION
It is recommended that the City Council approve P.R. No.17871 authorizing a one (1) year
Service Agreement between Star Graphics and the City of Port Arthur for a 40 PPM B/W copier
for Vital Statistics for a not to exceed amount of $500.
BACKGROUND
The Health Department purchased a copier from Star Graphics of Beaumont Texas in the amount
of $4,879.31. The Service Agreement includes 2,300 black and whites copies per month at a
cost of $30 per month. Any additional copies will be $.013 per copy. The Service Agreement
includes parts, labor, toner, and drums.
BUDGETARY AND FISCAL EFFECT
Funds were available in the City's FY 2013 budget, Account number 001 - 1301 - 541- 42 -00.
STAFFING EFFECT
None.
SUMMARY
It is recommended that the City Council approve P.R. No.17871 authorizing a one (1) year
Service Agreement between Star Graphics and the City of Port Arthur for a 40 PPM B/W copier
for Vital Statistics for a not to exceed amount of $500.
P. R. No. 17871
08/26/2013 js
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A ONE (1) YEAR SERVICE
AGREEMENT BETWEEN THE CITY OF PORT ARTHUR
AND STAR GRAPHICS OF BEAUMONT, TEXAS FOR A
40 PPM B/W COPIER MODEL MX -B402 FOR THE VITAL
STATISTICS DIVISION FOR A NOT TO EXCEED COST
OF $500. FUNDS AVAILABLE IN ACCOUNT NO. 001-
1301- 541- 42 -00.
WHEREAS, the Vital Statistics division of the Port Arthur Health Department purchased
a copier for printing birth and death records from Star Graphics of Beaumont, Texas in the
amount of $4,879.31; and,
WHEREAS, the Service Agreement which includes parts, labor, toner, and drums and
2,300 B &W copies is included for a cost of $30.00 per month; and,
WHEREAS, any additional copies will be $.013 per copy; and
WHEREAS, the not to exceed cost for the year is $500.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Manager is hereby authorized to execute the one (1) year
service agreement for the 40 PPM B/W copier from Star Graphics for the Vital Statistics division
as delineated in Exhibit "A ".
Section 3. That a copy of the caption of this Resolution be spread upon the Minutes
of the City Council.
P.R. No. 17871
Page 2
READ, ADOPTED AND APPROVED on this day of September, A.D., 2013, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor
Councilmembers:
•
NOES:
MAYOR
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
'al Tizen', CI y /rney
APPROVED FOR ADMINISTRATION:
Floyd T. Johnson, City Manager Judith Smith, RN, BSN, Director of Health
APPROVED FOR THE AVAILABILITY OF FUNDS:
0 1 1(440/tVdtali ,
Deborah Echols, CPA, Director of Finance
gLIA-0-A 1 AJ
Shawna Tubbs, Purchasing Manager
EXHIBIT "A"
S tar Maintenance Agreement
g;rip1iics Date 8 28 2013
Customer #
4785 Eastex Freeway, Beaumont, TX 77706 Representative Chris Wolfe
Phone: (409) 892 -0671/ Fax: (409) 892 -6323
SHIP TO BILL TO
City of Port Arthur - Health Dept. City of Port Arthur - Health Dept.
449 Austin Ave 449 Austin Ave
Port Arthur TX 77640 Port ArthurTX 77640
Contact: Brenda Mullen
Meter Contact:
Phone /Fax 409 - 983 -8864
E -Mail brenda.mullenPoortarthur.net
Installation and Service Agreement Options: Appropriate categories must be initialed by the Client in the box to the left of the option.
Maintenance Type: Includes: Parts, Labor, Drums & Toners
Contract Start Date: Upon Arrival I have read and understand the contents of the
Scope of Work Agreement Initials
Minimum Invoice Amount is $30.00
ITEM Base Allowance Base Billing Overage Rate Overage Cycle
B/W 2,300 $30.00 0.013 Monthly
Model Serial Number ID Number Mono Meter Color Meter
MX -8402
Star Graphics, Inc. agrees to provide service and maintenance support to customer for the equipment listed on Equipment List, (the "Equipment "), attached hereto as
Exhibit A or listed on this document and made a part of this agreement, subject to inspection and acceptance by Star Graphics, Inc.
1. Acceptance
Acceptance of this agreement by Star Graphics, Inc is contingent upon the absence of any mathematical error and upon consistency with Star Graphics, Inc's then
current prices, and upon Star Graphics, Inc's determination that equipment is in proper operating condition. Inspection and repairs necessary to bring equipment to
proper operating condition shall be billed at Star Graphics, Inc's then current prices. This Agreement shall not be binding upon Star Graphics, Inc unless an officer of
Star Graphics, Inc approves and accepts this Agreement by signing the Agreement.
2. Term
The initial term of this agreement is for one year from the service commencement date or as specified on the face of this agreement This Agreement shall renew
automatically for successive periods of one (1) year, on the same terms and conditions at Star Graphics, Inc's then prevailing prices, except that it shall not be
renewed if either party provides written notice of non - renewal at least thirty (30) days prior to the expiration of the then - current term of the Agreement.
CUSTOMER ACCEPTANCE STAR GRAPHICS, INC. REPRESENTATIVE
Authorized Signature Title Title
Print Name Date Signature Date
1 of 1
Terms & Conditions Continued
3. Service Availability
Remedial service may be requested by calling the Service Dispatcher. Star Graphics, Inc will provide service and maintenance under the terms of this agreement during
the principal period indicated as Monday through Friday, between the hours of 8:OOam and 5:OOpm, excluding generally accepted holidays.
Preventive maintenance will be performed in accordance with Original Equipment Manufacturer's (OEM) specifications, as determined by Star Graphics, Inc. Star
Graphics, Inc shall respond, on -site, to all unscheduled remedial service requests. Except as otherwise provided herein, Star Graphics, Inc agrees to provide service and
maintenance support, with respect to the Equipment listed to maintain the equipment in good working order, but Star Graphics, Inc shall not be responsible for normal
wear and tear or depreciation. For those maintenance options in which parts are additional, Star Graphics, Inc shall, in its sole discretion, establish the prices it charges
customers for replacement parts and components. Parts and components shall be furnished on an exchange basis and shall be selected by Star Graphics, Inc, and shall
be new or perform substantially similar to new parts and components. Replaced parts or components shall become the property of Customer and exchanged parts shall
become the property of Star Graphics, Inc. Any parts or service necessitated by the software, cabling or anything else not purchased from Star Graphics, Inc, as part of
this system will be charged at the prevailing rates for our connected product line.
4. Charges
Service and maintenance charges shall be payable by Customer in accordance with the payment terms set forth in this agreement. In addition, Star Graphics, Inc shall
invoice Customer, at Star Graphics, Inc's then - current hourly rates and parts prices, for services and for parts supplied which are not covered by this agreement. In
addition to the part prices and service charges payable hereunder, Customer shall pay all sales and use and other applicable taxes and shipping costs related to Star
Graphics, Inc's provision of parts and services hereunder. All charges and costs for which Star Graphics, Inc sends an invoice to Customer shall be due and payable, in
full, thirty (30) days from the date of the invoice. In the event Customer fails to pay, when due, any invoice or other amount payable hereunder, Customer agrees to pay
Star Graphics, Inc a late payment charge on all past due amounts equal to the lesser of one and one half percent (1.5 %) per month or the highest interest rate allowed
by applicable law; provided however, that this shall not be an election of remedy. Customer shall pay on demand all of Star Graphics, Inc's costs and expenses,
including reasonable attorney's or collection agency's fees, incurred in enforcing Customer's obligations under this Agreement.
5. Exclusions
Service and maintenance support to be provided under this Agreement does not include repairs, replacement of parts and labor caused by, arising from, related to or
made necessary by: a) use of equipment in a manner not recommended by OEM; b) failure to continually provide a suitable installation environment, including but not
limited to, adequate electrical power, air conditioning or humidity control; c) Customer's improper use, management, or supervision of covered equipment; d) accident
and disaster, including but not limited to, fire, flood, water, wind, or lightening; e) electrical work, devices, cables, etc., external to the equipment; 1) the maintenance of
accessories, alterations, attachments or other devices not covered by this agreement; g) excessive electrostatic discharge, improper grounding, improper power line
protection; h) service providers and parts installers other than the Star Graphics, Inc.
6. Termination
This Agreement may be terminated under any of the following conditions: (a) Either party may immediately terminate this agreement or any renewal hereof by giving
prior written notice of such termination to the other party in the event such other party becomes insolvent or institutes or permits to be instituted against it any
proceedings seeking its receivership, trusteeship, bankruptcy, reorganization, readjustment of debt, assignment for the benefit of creditors, or other proceedings under
the Federal Bankruptcy Act or as provided by any other insolvency law, state or federal, to the extent such termination is valid under such law. (b) Star Graphics, Inc may
immediately terminate this Agreement, or may suspend services to be provided hereunder; at any time by giving prior written notice of such termination or suspension to
Customer in the event Customer fails to pay, when due, any invoice or other amount due under this Agreement. (c) Either party may terminate this Agreement for a non -
monetary default, if the other party fails to perform any of its material obligations set forth in this Agreement (a "Material Default "), and such failure continues for more
than thirty days after written notice is sent by the terminating party specifying the nature of the failure. Upon termination of this agreement for any reason, Star Graphics,
Inc's obligation to provide service and maintenance support, as herein set forth, shall immediately cease and all outstanding invoiced amounts due by Customer to Star
Graphics, Inc shall, notwithstanding prior invoice terms, become immediately due and payable. Any amounts paid by Customer to Star Graphics, Inc for service and
maintenance support shall not be refundable. 11 this Agreement terminates prior to the end of any term for any reason other than Star Graphics, Inc's Material Default,
Star Graphics, Inc's insolvency or the institution of bankruptcy proceedings against Star Graphics, Inc, Customer shall be obligated to pay Star Graphics, Inc on demand
the price of a full one -year term as set forth in this agreement. If this Agreement terminates due to Star Graphics, Inc's adjudged Material Default, Star Graphics, Inc's
insolvency or the institution of bankruptcy proceedings against Star Graphics, Inc, Customer shall be obligated to pay Star Graphics, Inc on a prorated basis for that
portion of the terminated Agreement which runs from the Service Commencement Date, or its anniversary date for any renewal term, to the effective date of the
termination.
7. Limitation of Liability
STAR GRAPHICS, INC SHALL NOT BE HELD RESPONSIBLE FOR STAR GRAPHICS, INC'S INABILITY TO PROVIDE TIMELY SERVICE DUE TO DELAYS. IN NO
EVENT WILL STAR GRAPHICS, INC, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES, BE LIABLE TO CUSTOMER FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LIABILITY TO THIRD PARTIES, AND THE LIKE, ARISING OUT OF THE USE OR
INABILITY TO USE THE EQUIPMENT. STAR GRAPHICS, INC'S LIABILITY TO CUSTOMER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT EXCEED THE AMOUNT PAYABLE BY
CUSTOMER FOR SERVICE AND MAINTENANCE SUPPORT ON THE UNIT OF EQUIPMENT INVOLVED, AS RECITED IN THIS AGREEMENT FOR THE THREE (3)
MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH ALLEGEDLY GAVE RISE TO THE DAMAGES.
8. Indemnification
Each party shall indemnify and hold the other harmless from and against any claim, loss, liability, or expense, including but not limited to, damages, costs and attorney
fees, arising out of or in connection with any acts of omissions of the other party and its agents and employees.
9. General
This Agreement and its attachments, as accepted by Star Graphics, Inc and Customer, supersede any previous written or oral agreements or understandings between
the parties concerning the subject hereof, and constitute the entire such agreement between the parties. No amendments or additions to the terms and conditions of this
Agreement shall be valid unless set forth in writing and signed by an authorized representative of each of the parties. Waiver by either party of a breach of any of the
provisions hereof shall not constitute a waiver of any succeeding breach of such provision or a waiver of such provision itself. The invalidity or unenforceability of any
term or provision of this Agreement shall in no way impair or affect the remainder thereof, which shall continue in full force and effect.
This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of Texas. Any disputes under the Agreement or concerning the
business relationship between the parties must be litigated exclusively in the Courts of the State of Texas. If, however, the parties have agreed in writing to arbitrate their
disputes, the arbitration must take place exclusively in the State of Texas unless the parties have agreed to arbitrate elsewhere. The prevailing party in any action
concerning this Agreement or the business relationship between the parties shall be entitled to an award of costs and reasonable attorney's fees. Any notice or other
communication required under this Agreement shall be deemed to have been duly given if it is delivered personally or by facsimile with proof of receipt, or sent by
registered or first -class mail, return receipt requested, first -class postage prepaid, to a party at the address listed , or at such other address provided by the party.
10. Acceptance Initial