HomeMy WebLinkAboutAGR-6861.A - C3 TECH - CITY COPIERS MAINTENANCE AGREEMENTDocusign Envelope ID:9104429B-095F-4B04-9783-9EA42B48443D
Initial
AGR-6861 .A £/
C3TEH
CUSTOMER CARE MAINTENANCE AGREEMENT
Version Dale.121,2/2025 RV/TRINES
CUSTOMER BILL TO INFORMATION
CUSTOMER NAME: ADDRESS: CITY/STATE/ZIP
City of Orange 300 E Chapman Ave Orange/CA/92866
BILLING CONTACT: EMAIL PHONE
EQUIPMENT LOCATION KEY CONTACT PHONE EMAIL
Valdemar Chavez 1714)744-2284 vchavez@cityoforange.org
CRY:
rAll:
AP CODE FM AUDIT/METER CONTACT PHONE EMAIL
Orange CA 92866 Valdemar Chavez 714)744-2284 vchavezeDcityoforanee.Qrq
EQUIPMENT COVERED
MODEL SERIAL NUMBER ID TAG NUMBER START METER R/W START METER C DEPARTMENT DEPARTMENT CONTACT
See Scre.ii re A
AGREEMENT ENTITLEMENT
LABOR PARTS PM KITS BLACK TONER COLOR TONER
INITIAL NETWORKING (
RAINING STAPLES PAPER START DATE
INSTALL
Si S STANOARO FREIGHT CHARGE FOR SUPPUES DELIVERY MLL APPLY__,__ $ S S S
incl. rcl. incl.
I
incl. I incl. incl. ncl. CHARGABLE CHARGABLE TB()
TOTAL RASE CHARGE COMMENTS:
6.130.79 24 month term with a 12 month optional extension
RASE CHARGE FREQUENCY OVERAGE METER FREQUENCY PAYMENT TERMS C3 SERVICE CONTRACT NUMBER:
MONTHLY MONTHLY NET 3C
Monthly Volume B/W OVERAGE PURCHASE ORDER NUMBER:
63,0000 BW(Current Fleet)/0.0045(Current Fleet)/.00297(New Fleet)
7,500 8W(New Fleet)See Schedule A Breakdown
Monthly Volume Color OVERAGE Initial Man
I have read and understand Our obligations under the terms and conditions
stated herein.and on the reverse side!hereof.os the only agreement pertaining
to the eouipment hereunder.No other agreements Opoly unless expressly noted
78,000 BW(Current Fleet)/0.05324(Current Fleet)/.0347(New Fleet)on the face of this agreement or in the contracts specified above l understand
1.200 C(New Fleet) See Schedule A Breakdown
Ds all meter counts are based on 8.5,1I(mirirnuml single sided images
MANAGED PRINT SEtiICES(MPS)
1/V Ks
MONTHLY PRINT VOLUME 8/W OVERAGE
23.500 0.01790 I Inmal Here
CS uses Remote meter Collection Software to manage the loner'evels and
MONTHLY PRINT VOLUME I Cola OVERAGE Ds meter counts for contract nvoices.Declining to use Remote Meter Cauectlor
Software may result in a S18 Der month Administration Fee
1 I.000 0.11000 Prs
PRINTED CUSTOMER NAME CUSTOMER SIGNATURE DATE
DoeuBlgnee by:
Daniel R. Slater X,
a K. Situ„ 01/15/26
TERM(MemKss) SALES REP PRINTED NAME SA MP417_. DATE:
24 Davis Tran jfi 12/17/25
ATTEST: APPROVE S T FORM:
RIB.O M DansAVnM LY:
adman,City Clerk tPfeko? urian,City Attorney J
Co) www.c3tech.com ® info 6-c3tech.com O (714)689.1700 0 1536ESannertaAnaCA 92705
Docusign Envelope ID:9104429B-095F-4B04-9783-9EA42B48443D
I.GENERAL SCOPE OF COVERAGE This Agreement covers both the labor and the malaria for oajustments,repair and replacements of pans("Maintenance')as required by normal use of Me equpment identified on the front
page of this Agreement("Equipment').Maintenance does not cover charges for insrallotion relocating or de-installation of the Equipment Service necessary to repair damage to the Equipment caused by misuse.abuse.
negligence.attachment of unauthorized components,accessories Of ports,use of substandard facsimile{thermal)paper or substandard supplies.other causes beyond the control of C3 Technology Services or such causes
which would void the Equipments warranty are not covered by this Agreement.Any such repairs identified in the preceding sentence shall be separately billed to customer and may teed to the terminotlal of this Agreement.
In addition.C3 Technology Services may terminate this Agreement If the equipment is modified.damaged altered or serviced by personnel other than the C3 Technology Services Authorized Personnel.ail parts accessories
or components not meeting machine specifications are titled to the Equipment.Mainrerance shall not cover charges for repairs needed as a result of Customer or third party modifications to software or hardware.
2.MAINTENANCE VISITS Maintenance visits will be made dieing standard weekday business hoses IMP Ba-Sp)at the address shown on the first page of this Agreement.Maintenance visits requested for holidays.weekends a
after standard business boon may result or additional charges or travel and labor pursuant to C3 Technology Services standard overtime rates In enact at the time Maintenance visit.Maintenance performed during a
Maintenance visit includes klbnicatian and cleaning of the Equipment and the adjustment.repair or replacement of ports described below.
3.REPAIR AND REPLACEMENT OF PARTS.All ports necessary for proper operation of the Equipment requiring replacement due to nonmai wear and tea.subject t0 the general scope of coverage,will be furnished free of charge
during a service call.
4.MAJOR REPAIRS AND UPGRADES Major repairs resulting ham misuses of the product.overall!ordure of the Equipment resulting horn the normal end of lite cycle at the Equipment and other repass requiring non than
customary repair and port replacements sisal not be considered covered Maintenance.C3 Technology Services reserves the right to cancel the maintenance agreement.Mould customer misuse or abuse the Intended
solutes of the device.
S.USE OF CS Technology Services SUPPLIES Customer is not obligated to use C3 Technology Services approved supplies under this Agreement.If.however.the Customer uses other than C3 Technology Services approved
supplies(other than popes)and such supplies result m damage to the device.C3 Technology Services may.at its discretion.assess a surcharge or terminate this Agreement.If C3 Technology Services terminates This
Agreement,C3 Technology Services may make service ovollable an a'Per Car basis bored upon C3 Technology Services standard rotes in effect at the time of service
6.SUPPLIES Supplies selected.it any,on the front of this Agreement("Supplies").shall be included under this Agreement.C3 Technology Services will provide such selected Supplies la the Customer based upon industry
standard coverage or 5%for mono and 20%for color.Supplies provided are for use with the Equipment covered by this Agreement only and are nor Ins resole or for use with other equipment.it the Customer's usage of the
Supplies exceeds the industry standard coverage o1 5%mono and 20%color for the Equipment being serviced.C3 technology Services will invoice and the Customer agrees to pay.for the excess supplies al C3 technology
Services current retail prices then in effect g revisit service pricing terns with client.C1 Technology Services reserves the right to charge far supplies and height.Freight lees will be assessed to the contract Invoice based
average monthly service billing.Tier I.with overage monthly service billing under$100,will be charged a 5900 Rat monthly role;per 2.with overage monthly service billing over 5100.51.000.will be charged a$14.00 fiat
monthly fate;Tier 3.with average monthly service billing over$1.000.33.000.will be charged a$29 00 Rot monthly rote;Tier 4.with overage monthly service billing over 53.000.will be charged a$56 00 fat monthly rate.Fees ore
subject to change.Industry standard coverage is defined as the published industry standard yield for the product model covered under this Agreement.
7.ELECTRICAL REQUIRMENTS In order to insure optimum performance of the Equipment.Customer must comply with all vendor required electrical specification.including but not limited to use of designated circuit and outlets
and required voltage requirements.These power standards ore required by UL and/or local safety regulations.C3 Technology Services con cancel the agreement should customer not comply with C3 technology Services
recommended electrical requirements
B.CHARGES The initial charge for Maintenance under this Agreement is nOnielundoble and shall be the amount set forth on the Int page of this Agreement.The annual maintenance fee with respect to any renewal term.will
be charged at the lime of term renewal.Customer shall be charged according to the payment terms indicated on the front page of this Agreement.Customer shall pay all charges within thirty)30)days of the invoice date.
Excess late charges over 30 days.will result in lore charges equal to 5%01 invoice.You agree that alter the lint Twelve(121 months of the term or any extension or renewal)of this Agreement.and at the end 01 each falowirrg
twelve(12)month period thereafter.the Minimum Payments and Excess Per Image Charges may be increased by on amount equal to the lesser of:(a)up to 10%of the Minimum Payments and Excess Per Image Charges in
effect at the end of the prior twelve(12)month period:or(b)the maximum percentage permitted by applicable low.It seated equipment is moved beyond any C3 Technology Services service temtory.C3 Technology
Services reserves the right to cancel this Agreement upon written notice to the Customer.Or C3 Technology Services may charge(and Customer hereby agrees to pay)is fair and reasonable upchorge for continued service In
the event of stgNRcant cost increases resulting horn eetemal economic factors beyond our control—incbdnng but not limited M.tariffs.duties.import loxes.regulatory charges or supplier-imposed surcharges—we reserve the
fight to adjust the pricing of this maintenance agreement accordingly Any such increase will be communicated in writing with a minimum o130 days'notice.
9.NETWORK/IT SCOPE OF COVERAGE iJatalbfion Deadline:Installatlan must be scheduled la no more than thirty(30)days oftet delivery.Failure to do so will result in charges at Our current stondard published rote.V
Restrictions;NI work must be completed on the installation date If the C3 Analyst cannot install.program or configure any of Me selected features due to.but not limited to.access rights.incorrect configurations.incorrectly
specified lettings.computer problems.on the dote of installation additional charges may be assessed.Network/Infrastructure Changer'Any changes mode to the customers'network that interferes with the compatibls/or
luectlonality of the C3 installed equipment will result in charges of the standard hourly role of$25000 per hour.these changes include but are not limited to:IP Oddest.ISP providers,server charges sohware charges.
workstation configuration,moves or replacement,software updates.etc.incompatible systems;C3 technicians reserve the right to deny analyst services to customer workstations for any reasons.but are not limited to the
following reasons:blue screen errors.old wakstotlons.Insufficient RAM or HO space,Operating Systems(OSs)not supported by manuldcturon driven or software.etc Installation Warranty.Analyst Services are warranted for 15
days horn date of installattan assuming that the network or infrastructure hiss not changed(See Netwerk/mnshastructure Charges).issues arising otter 15 days will incur additional charges.Customer agrees to pay a recurring
monthly fee of$12.95 for IT support services related to copier functionality.Covered services include.but ore not limited to.resolving network connectivity issues.configuring scanning functions.and installing or reinstalling pint
delvers.Ibis tee seal be invoiced and payable on a monthly basis.To terminate these IT support services and cease lulus arranges,Customer must deliver written notice to C3 Tech no less than tint 10y( )days prior to the snit
of the next billing cycle.By signing this farm.1 acknowledge that I hove read understand and agree to the temps of service.scope o1 wok and conditions ountned in this agreement.
10.METER READING C3 Technology Services hos the right to estimate meter reads.within the billing period.when they are not provided from ony collection source.automated or manual.Tie being may be od)usted on the
next bidingg period to reflect ony excesses or shortages.Estimated meter reads ore calculated by the most recent eves(3)month meter read rusrory Customer is obligated to allow automated electronic meter collection
software,11 the Customer declines to allow automated meter collection.C3 Technology Services may estimate Me meter based upon previous being and sent*meter reodngs and may chorge on fie monttvy
administration fee.The estimated meter will then be applied in the same manner os it the meter hod been supplied by the Customer and the Customer agrees Ia pay any overage charges Mat may result ham the estimated
meter reading.It Remote Meter Collection Software falls off the network.it Is the customer's responsibility to supply meter reads and request toner replenishment.Customer con also input meter reads or place service calls and
Supplies requests through My'C3 portal.
I I.TERM This Agreement seal become effective upon C3 Technology Services receipt horn Customer of the initial non-refundable maintenance charge J opphicoble.as set forth On the lint page of this Agreement.or for such
Customers that ore to be billed in arrears,upon the dote indicated in the Stet Dote portion of the first page of this Agreement The term of this Agreement sloe be as specified on the first page of this Agreement
12.EVENT OF DEFAULT AND TERMI NAIION the Customers failure to pay any amount due under this Agreement.or breach of any other obligation nerein gall constitute on Event of Default.Upon an Event of Default.CS
Technology Services may in its discretion take any one or more of the following oceans.(I)cease performing all Maintenance or any other service under this Agreement;Ill)furnish Maintenance a service upon a prepaid.'Per
Col-basis:antl/or(iii)temunale this Agreement Customer shall be Obligated to pay any amounts due and owing to C3 technology Services within(10)days of the expiration or termination Of this Agreement.Customer.upon
payment of all such amounts due.shall thereafter have no further liability or obligation to C3 Technology Services whatsoever for any lurther fees or expenses eking hereunder.In the event CS Technology Services terminates
this Agreement because of the breach of Customer.C3 Technology Services shall be entitled to payment for work In progress plus reimbursement for out.of-pocketexpenses.
13.INDEMNITY Customer shot indemnify,save and hold C3 Technology Services.Its dflbies.olcers,directors.shareholders employees agents and reptesenlotMs and its and their successors and assigns('C3 Technology
Services Pottier)harmless Am and against any liability,loss Cost.expense or damage whatsoever Caused by mason of any breach of this Agreement by Customer or by reason of any injury.whether to body.property or
business or to any other person by reason of any act.neglect.omission or default by Customer.Customer shall defend.at is sole antl absolute cost.any action to which this Indemnify shall apply.In the event Customer fails to
defend such action.C3 Technology Services may do so ane recover Irons Customer in addition.all costs and expenses.Including.attorneys'fees in connection therewith.C3 Technology Services shell be entitled to recover
from Customer oil costs and expenses including without limitation attoreY s lees and disbursement.Incurred by C3 Technology Services in connection with actions taken by C3 Technology Services or its representatives(I)t0
enforce any provision of this Agreement:(it)to effect any payments or collections provided for herein(ill)to Institute,maintain.preserve.enforce and foreclose on SOS's security Interest in or lien on the goads.whether though
judicial proceedings or otherwise:or(iv)to defend or prosecute any actions or proceedings arising out 01 or rotating to any CS technology Services Iransachons with Customer
14.ENTIRE AGREEMENT This constitutes the entire Agreement between Me pones relating to the subject matter hereof.My modifications to tins Agreement must be In writing and signed by both parties.
IS.SUCESSORS AND ASSIGNS,TERMINARON Neither party may assign this Agreement or any o1 its rights or obligations hereunder.without the pea written approval of the other party.which will not be unreasonably withheld.
except that either party may assign its obligations and rights too wholly owned subsidiary.parent corporation,or entity under the some ownership.operation or control.
16.SEVERABILITY II any provision in this Agreement is held Invalid or unenforceable by a body Of competent Neu:fiction.such provision wit be canrlued.limited or.if necessary.severed to the extent necessary to eliminate such
invalidity or unenforceability.The Parhies agree to negotiate In good faith a valid.enforceable substitute provision that most nearly affects the Parties onginat intent in entering into this Agreement or to provide an equtlable
adjustment to the event no such provision con be added.The other provision of this Agreement shall remain in hA1 force and effect.
17.COUNTERPARTS AND FACSIMILE SIGNATURES this Agreement may be executed In several counterparts.eoCh Of which snail be deemed to be an original and se of which together shall Constitute one Agreement ending on
all parties hereto.notwithstanding.that all the parties hove not signed the same counterpart A fated signature of this Agreement bearing authorized signatures may be treated as on original
Ill.JURISDICTION NI parties hereby consent to the exclusive jurisdiction'Of tire Federal Courts located in CA and lire Stole Courts located In CA in any proceeding arising out of or relating to this Agreement.
19.LIMITATION OF UABIUIY to the extent permitted by low.In no event shall C3 Technology Services be liable la Customer to any special,incidental.Consequential,or indirect damages.loss aliveness proles.business
interruption.loss of business inlarmnabion arising out of Me IeabiIN to use the Equipment The Customer acknowledges that the Maintenance provided by C3 Technology Services is for the mechanical maintenance of the
Equipment only,and that this Agreement does not cover any 3OHware.networking or any other connectivity or furoeonaety unrelated to the device):)described In this agreement Network Old or connectivity services not
included in this contract are available from C3 Technology Services at additional casts.
20.FORCE MAJEURE C3 Technology Services shall not be liable to Customer tot ony Mikes or delay caused by events beyond C3 Technology Services control.including.without limitation,Customers failure to henish necessary
information:50001090;laitute or delays in honspanolion a communtcolion:boycotts:embargoes:failures or substitutions ol equipment:labor disputes accidents:shortages of lobar.fuel.row materials.mochnery,or
equipment:technical failures:fire:storm;flood;earthquake.explosion:acts of the public enemy:wac insurrectton;dot:public disorder:epidemic'quarantine restrictions:acts of God:acts of orry government a any quasi-
governmental authority,inslmmentoNy a agency.
21.NO WARRANTY C3 Technology Services DISCWMS ALL WARRANTIES.EXPESS OR IMPLIED.INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTANUIY.TECHNICAL COMPATABILITY.FITNESS FOR USE.OR FITNESS FOR A
PARTICULAR PURPOSE.
22.INSURANCE If the Customer is teasing the equpment.the Customer stall obtain and mdntgin,al its own expense.xruance relating to claims tot inlay ord/ar property damage(including commercial general liability
insurance)based on Its use of the equipment.goods and machinery.
23.END OF TERM.CANCELLATION.UPGRADE,AND RENEWAL Customer shall give C3 Technology Services at feast 90 days written talks before the exptrofian of the initial agreement lean dale stating the intent to decline the
renewal or upgrade of the equipment.Pick up charges will apply upon contract cancellation:cat will be determined based on the IacoIlon of lease return facility Hod dove data erase is optla e.
24.EQUIPMENT STORAGE Customer agues to pay a monthly fee of$50.00 per device for equipment stored at CS Tech facilities Pis lee will be deed automatically each month until the asset has been removed.
I E warmer DeOvnvw.c3itech.com infoSc3fech.com 17101 689.1700 O Santaa Ana CA 92705
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