ID System Maintenance Agreement 2011-2012 f
OPY
June 23,2011
Attn.: Rhonda Hones.
City of Salina
300 West Ash
Human Resource Room 20
Salina,KS 67401
Re: Maintenance Agreement
Dear Rhonda Hones,
Enclosed,you will find the documents for a maintenance agreement on model type: CP80 serial number:
P70451 that will expire June 30,2011. This agreement outlines our recommended form of service
coverage. It protects your company from unexpected parts and labor charges;while providing priority
service response over non-contract customer.
Please review the contract inclusion dates,the coverage hours,the number of preventive maintenance
inspections,the model and serial number of the machine/software,and the applicable-charges. Also
included,you will find a copy of the terms and conditions of the maintenance agreement.
To accept this agreement,please complete Midwest Card and ID Solutions' enclosed information sheet,
sign the agreement document, and return to Midwest Card and ID Solutions in the envelope provided.
Please be certain to include your purchase order number,if required by your company for payment. Upon
receipt of the renewal,we will update our contract records. Invoicing begins at the renewal start date and .•,
follows the billing frequency laid out in section 5.2 of the agreement terms and conditions. If you prefer; -
you may include your payment with the signed agreement and your account will be credited. The cost of
this agreement is firm for 60 days from the agreement start date. After that time,a billable inspection of
the machine will be required before the agreement can be accepted,and the contract cost may be
reassessed.
If you elect to deny this maintenance agreement,service can still be provided on a time and material basis.
Our current rates are$185.00 per hour from 8:00 a.m.to 5:00 p.m.Monday through Friday,excluding the
observed holidays outlined in section 1.lb of the terms and conditions. All other times are charged at a rate
of$255.00 per hour and are subject to availability. A minimum charge of one hour applies in both cases.
Parts are billable at the current retail price when service is provided on a per call basis.
On behalf of Midwest Card and ID Solutions,thank you for your business. We look forward to exceeding
your expectations for quality support services through this agreement term.
If you have any questions,please feel free to call us at 816-221-0620.
Sincerely,
Phil Johannes
Maintenance Agreement
See attached terms and conditions
City of Salina
300 West Ash
Human Resource Room 200
Salina, KS 67401
Model #: CP80
Remote software support
Serial #: P70451
System Serial#'s (if applicable):
Contract Start Date: July 1, 2011
Contract End Date: June 30, 2012
Contract #: 2917
Contract Type: Standard On-Call, Printhead not included
Coverage Hours: Monday-Friday: 8:00 a.m.-5:00 p.m.
Annual Card Count Limit: 25,000
Excess usage will be billed at$.05 per card
Number of Preventative Maintenance Visits: 2
Annual Cost: $ 1,025.50
PO#/Authorization:
Signed by:
Date: 7// % %�
i
Midwest Card and 1®
Solutions
Customer Information Update Form_
Please take the time to update any missing and/or incorrect information
included with this correspondence. Your help in keeping our information
updated is greatly appreciated. Please return to Midwest Card and ID
Solutions, in the envelope provided or by faxing us at (816) 221-1213, at
your earliest convenience. Thank you.
Company Name:
City of Salina
Shipping Address: Billing Address:
300 W. Ash, Room 200 300 W. Ash St. , Room 200
Salina, KS 67401 . P. 0. Box 736
Salina, .KS 67402-0736
Contract Contact Person: Phone Number:
Linda Lockhart 785-309-5710
Invoicing Contact Person: Phone Number:
Linda Lockhart 785-309-5710
Machine Operator Contact: Phone Number:
Shandi Wicks 785-309-5735
Linda Lockhart 785-309-5710
Purchasing Contact(Supplies): Phone Number:
Shandi Wicks 785-309-5735
Linda Lockhart 785-309-5710
Comments regarding service or sales:
N/A
4747NWGateway Riverside,Missouri 64150
(816)221-0620-(800)587 14so-fax. (8f6)22f-1213
Maintenance Agreement: Terms and Conditions
Midwest Card and ID Solutions,LLC.,and the Customer,agree to the following terms and conditions whereby Midwest Card
and ID Solutions,LLC.shall provide and the Customer shall pay for maintenance services as specified in this Service
Agreement. This Service Agreement shall be effective for the period stated on the face of this document
1. Contract Maintenance Services Midwest Card and ID Solutions published maintenance and
1.1 Description: Midwest Card and ID Solutions,LLC.agrees to parts price list in effect at the time of performance of such
provide scheduled preventive maintenance(if applicable) service.
and on-call remedial maintenance for the Covered 2.3 Unauthorized Use or Service:The Contracted Maintenance
Equipment as set forth in this Service Agreement. Midwest Service does not include service or repair work caused by the
Card and ID Solutions warrants that it will cause the Covered failure of Customer to observe any of the conditions in this
Equipment to meet manufacturer's operating specifications Agreement;failure of Customer to use the Covered
given reasonable wear and tear and equipment age and Equipment in accordance with the manufacture's
condition(hereinafter"Maintain"). instructions;maintenance or attempted repairs or adjustments
a) Coverage Hours:Unless otherwise noted in this Service of the Covered Equipment by anyone other than Midwest
Agreement,service will be provided Monday through Card and ID Solutions'authorized personnel;service,
Friday,8:00 a.m.to 5:00 p.m.(excluding holidays reconfiguration,or upgrading of any data communications
observed by Midwest Card and ID Solutions.) interface occasioned by changes made to host computers or
b) Holidays Observed by Midwest Card and ID Solutions: network transmission devices;tampering,misuse or abuse of
New Year's Day,Easter Sunday,Memorial Day, the Covered Equipment;or force majeure. Maintenance
Independence Day,Labor Day,Thanksgiving Day, services and parts so required will be provided by Midwest
Thanksgiving Friday,Christmas Eve Day,Christmas Card and ID Solutions at Midwest Card and ID Solutions'
Day,and New Year's Eve Day. If a holiday occurs on published maintenance and parts price list in effect at the
Sunday,it will be observed on the following Monday. time of performance.
1.2 Except as otherwise provided in this Service Agreement,the 2.4 Obsolete Parts or End of Life: In the event that parts
Contract Maintenance Service shall include all parts,labor required to repair or maintain covered product are no longer
and travel expense necessary to Maintain the Covered available,Midwest Card&ID Solutions,LLC may terminate
Equipment but specifically excludes software support coverage for all or part of the specified product and will issue
unless provided for under a separate addendum. the customer a prorated credit for the unused portion of the
1.3 Term Charge:In consideration of Midwest Card and 11) term charge.
Solutions'provision of the Contracted Maintenance Service,
customer shall pay the term charge set forth in this service 3. Excess Use Charges:The Term Charges for designated Systems
agreement. . included in the Covered Equipment is based upon an assumed
The Term Charge is based upon coverage hours and site rate at the end of the applicable maintenance period. Midwest
location of Covered Equipment. When the Covered Card and ID Solutions may assess an Excess Use Charge as set
Equipment site is greater than 50 miles from a Midwest Card forth in this service agreement.
and ID Solutions base city,or for contracted extended service
outside of standard Coverage Hours,the Term Charge shall 4. Term: The term is as shown on the face of this document. This
include an additional charge. agreement will not automatically renew. Upon termination or
expiration of the contract,Midwest Card will only perform
2. Exclusions: Except as otherwise provided in this Service service requested if another contract has been signed and/or a
Agreement,the following are not covered in the Contracted Purchase Order is issued authorizing Midwest Card to perform
Maintenance Service and are subject to additional charges. requested service. Midwest Card personnel will not be
2.1 Overtime Charges and Travel Exnenses�All overtime dispatched for service unless the client has a signed,valid
charges and travel expenses of Midwest Card and ID contract or has authorized a purchase order.
Solutions personnel for maintenance services not included in
the Contracted Maintenance Service shall be charged to 5. Payment Taxes:
Customer at the rates in Midwest Card and ID Solutions' 5.1 Payment Terms:Invoices shall be payable upon receipt.
published maintenance price list in effect at the time of 5.2 Taxes: Customer shall pay any municipal,state of federal
occurrence. taxes,however designated,levied or based on the charges
Any maintenance service started during the Coverage Hours payable under this Agreement that may be paid or be payable
and completed within one hour after such period shall not be by Midwest Card and ID Solutions excluding income taxes,
treated as overtime. Service completed after such one-hour Customer shall also pay any tax not currently applicable but
period and service otherwise provided at Customer's request which is hereafter held or ruled applicable by any new law,
outside of the Coverage Hours will be deemed as overtime. interpretation of an existing law or otherwise.
A minimum charge of one hour will apply to any such
services. 6. Equipment Relocation:The Customer must notify Midwest
2.2 Consumables and Supplies such as,but not limited to, _ Card and ID Solutions in writing at least sixty(60)days prior to
printheads,ribbons,foils,forms,rubber rollers, the relocation of any Covered Equipment. Customer shall be
overlaminates,cleaning rollers,card affixing stickers,labels, solely responsible for all expenses,including insurance
toner,ribbons,plates,print rollers,rubber platens,plate coverage associated with moving and installation of the
frames,stencils,toner and other supplies for use with the equipment to a new location. If the relocation causes Midwest
Covered Equipment,including supplies necessary for Card and ID Solutions to incur increased Travel time or cost in
maintenance purposes,shall be provided by the Customer providing maintenance services hereunder,Customer agrees to
and must be approved by Midwest Card and ID Solutions. pay reasonable increased monthly maintenance charges.
Midwest Card and ID Solutions'approval will not be
reasonably withheld. Repairs,adjustments,or parts 7. Conditions:
replacement required due to the use of supplies not approved 7.1 Access to Equipment:Customer shall permit free access to
by Midwest Card and ID Solutions will be chargeable using the Covered Equipment and shall provide,without charge to
Midwest Card and ID Solutions,adequate storage space, delegate any of its obligations under the agreement without
working space and all necessary utilities for use by Midwest the prior written consent of Midwest Card&ID Solutions.
Card and ID Solutions personnel.
7.2 Parts Replacement:Midwest Card and ID Solutions reserves 9.7 Suspension of Service: Midwest Card&ID Soluitions will
the right,at its option,to replace or repair any part which not provide any services under the agreement if any
fails to perform its function under normal use. Midwest amounts owed to Midwest Card&Id Solutions from
Card and ID Solutions further reserves the right to use,as its customer,as payment for services under this agreement
option,new,rebuilt,or reconditioned parts or improved or otherwise,remain due and unpaid for more than
parts which are capable of performing functions similar to sixty(60)days.
those of the'replaced parts.
8. Termination For Default:Either party may terminate this
Agreement in the event of default by the other party,in addition
to all other rights and remedies arising from such default,upon
thirty(30)days prior written notice to the other party and where
the defaulting party has failed to cure the default within the
notice period.
9. General:
9.1 Independent Contractor:Midwest Card and ID Solutions is
acting hereunder as an independent contractor and shall have
sole supervision of,and responsibility for,its authorized
maintenance personnel.
9.2 Midwest Card and ID Solutions Personnel Customer
acknowledges that Midwest Card and ID Solutions has
specially trained personnel who perform maintenance
services hereunder and agree that during the term hereof
Customer will not solicit or otherwise attempt to employ any
such Midwest Card and ID Solutions'employee for the
purpose ofperforming maintenance on any equipment
serviced by Midwest Card and ID Solutions.
9.3 Limitation of Liability:Midwest Card and ID Solutions shall
not be liable for loss of use of any of the items of Covered
Equipment or for any loss or damage occasioned by such
loss of use or by any failure to Maintain equipment properly.
Midwest Card and ID Solutions'liability hereunder shall be
limited to repair or replacement of any parts of items of
Covered Equipment which may be damaged solely as the
result of negligence on the part of Midwest Card and ID
Solutions'personnel. MIDWEST CARD AND ID
SOLUTIONS SHALL NOT BE LIABLE FOR ANY
FAILURE OR DELAY IN PERFORMANCE
HEREUNDER DUE TO,IN WHOLE OR IN PART,TO
ANY CAUSE BEYOND ITS CONTROL OR FOR
INCIDENTAL,SPECIAL OR CONSEQUENTIAL
DAMAGES REGARDLESS OF CAUSE. MIDWEST
CARD AND ID SOLUTIONS DISCLAIMS ANY
EXPRESS WARRANTIES NOT CONTAINED HEREIN
AND IMPLIED WARRANTIES INCLUDING THE
WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. In no event shall
Midwest Card and ID Solutions'liability hereunder,for
breach of warranty or otherwise,exceed the cost of
replacement of the Covered Equipment.
9.4 Entire Agreement Amendments:This Agreement represents
the complete agreement between the parties with respect to
the subject matter hereof and supersedes any
contemporaneous or prior written or oral understandings or
agreements with respect hereto. This Agreement may not be
altered or modified except by a writing signed by both
parties. This Agreement shall prevail in the event of any
inconsistencies with the terms and conditions contained in a
purchase order or other document provided by Customer.
9.5 Governing Law:This Agreement shall be governed by and
construed in accordance with the laws of the State of
Missouri.
9.6 Assignment: Midwest Card&ID Solutions may assign any
or all of its obligations under this Agreement without consent
of customer. Customer may not assign any of its rights or