HomeMy WebLinkAboutComputer Plus RESOLUTION 2018-229
ADOPTED DOC ID: 13900
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-229 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 27, 2018:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Maintenance Agreement between the Town of
Southold and Computer Plus regarding maintenance and warranty of the Town's Servers and
Printers, commencing on March 1, 2018 at a monthly charge of$629.00, subject to the approval
of the Town Attorney.
Elizabeth-_A.,Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Ruland, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
ComputerPlus Sales & Service
5 Northway Court
Greer, SC 29651 ri ;crta�
4a':'IU4WFC'i PAP L kES�t'M�E
864.801.9003 Telephone
864.801.9008 Fax
C 800.849.4426 Support
$C P L U computer-plus.com
Maintenance Agreement
Maintenance Number:
Agreement for: Revision:
Town of Southold - PO Number:
53095 Route 25 Salesperson: Mark Ward
Southold, NY 11971
This Agreement by and between ComputerPlus Sales&Service, Inc.(CPI), a South Carolina Corporation, having its principal
place of business at 5 Northway Court, Greer, SC hereinafter called the Town of Southold 53095 Route 25
Southold, NY 11971 hereinafter called the Customer.
Witnesseth that in consideration of the mutual undertaking herein contained,the parties agree:
1. EXCLUSIVE WARRANTY AND REMEDY. CPI's exclusive warrant is that Services will be performed in a workmanlike fashion
and all parts provided by CPI shall be free of defects in materials and workmanship at the time of installation. In the event CPI
breaches this warranty, CPI's sole obligation,and Customer's exclusive remedy shall be to have CPI make all necessary
adjustments, repairs or replacement of parts which were defective at the time of installation. There are no other express or
implied warranties concerning any Services, parts,or supplies or expendable items provided hereunder. CPI does not
guarantee that the operation of Equipment will be uninterrupted or error-free. CPI DISCLAIMS THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.THE FOREGOING SHALL BE THE SOLE REMEDY OF CUSTOMER
FOR BREACH OF WARRANTY.
2. LIMITATION OF LIABILITY. IN NO EVENT SHALL CPI BE LIABLE IN CONTRACT,TORT OR OTHERWISE FOR INCIDENTAL,
CONSEQUENTIAL,SPECIAL OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST BUSINESS PROFITS NOR
DAMAGE OR DESTRUCTION OF DATA EVEN IF CPI HAS BEEN ADVISED OF SAME. Except as to personal injury , CPI's maximum
liability shall be limited in any event to the actual direct damages incurred by Customer which are caused solely by the acts or
omissions of CPI subject to a maximum liability of the greater of the amount paid for the Services performed under this
Agreement(subject to a maximum of twelve(12) months duration) or$ 10,000. Customer agrees to provide CPI with prompt
written notification as to the specifics of any claim for damages and to provide CPI with reasonable opportunity to investigate.
NO LIMITATION AS TO DAMAGES FOR PERSONAL INJURY IS INTENDED.
3.The machine and features listed below (referred to as the Equipment) is to be maintained in accordance with the terms and
conditions specified herein including terms and conditions on the reverse side which are made part of this agreement. If
however the customer places service calls via the website of ComputerPlus Sales&Service, the customer agrees to read and
accept the Acceptable Use Statement as provided on the website. NOTE: The Customer is responsible for reading the
Acceptable Use Statement each time he or she uses the ComputerPlus Sales&Service website and agrees by use of that
website to any changes or modifications to the Acceptable Use Statement. Customer agrees that all equipment listed below is
in 100%working order, and that any units that service calls are placed on where the damage or problem occurred prior to the
Effective Start Date(ref para 4) will be billable to the customer.
Item LD sc Covera U ' u.ty P<lee( A o
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See attched spreadsheet
-- — -- ---- ---�--- -----—......-....
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1
I Annual Total i
4. Effective Start Date of coverage is 3/1/2018.
5. Billing Frequency is Monthly.
6. TERMS OF PAYMENT Customer shall pay maintenance charges prior to the month of coverage. Payment is due upon receipt
of invoice. 1.
7 STANDARD ON-SITE MAINTENANCE SERVICE. CPI shall provide labor and parts(excepting supplies and expendable items)
and will perform Services so as to maintain the Equipment at the location specified in this Agreement in good working order.
CPI shall respond to requests for remedial maintenance to such equipment in a prompt and commercially reasonable manner.
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C R J T 1 C. A L H A R D W ,A R f: S U P P O R T
''Maintenance Service shall be available during the hours between 8:00 AM and 5:00 PM, as selected by the Customer, Monday
through Friday,exclusive of CPI holidays. Extended service hours and priority response coverage, if applicable,shall be
subject to the premium specified. Services performed outside such a time at the request of the Customer shall be subject to
CPI's then applicable charges for labor and travel.
8. INSTALLATION SERVICES. CPI will perform the following Services when installation is specified in the Agreement:
unpacking,assembling,testing for conformance to the operation specifications and performing final alignments in.system
configuration.
9.TIME AND MATERIALS. Services performed at Customer's request, which are outside those specified herein shall be on a
time, materials and transportation basis at CPI's prices in effect at the time such Service(s) or material(s) are provided.
Provision of such Services shall be at the discretion of CPI and shall be subject to the availability of personnel and parts.
I
10 PRICES. Prices shall be the price set forth on the reverse side hereof. All sale, property, excise and other federal,state
and local taxes(other than those based upon CPI's net income) shall be paid by the Customer. Customer shall make such
arrangements for payment as CPI may require and CPI may suspend performance under any Agreement until such
arrangements are made. Past due amounts shall be subject to an interest charge of one one and one-half percent(1 1/2%) per
month or the highest rate permitted by law. CPI reserves the right to adjust the Service fee in conformity with CPI's standard
fees in the event Customer changes the Equipment or attaches additional features equipment to the Equipment after the date
hereof.
11 TERM.The term of each Agreement for maintenance Services shall be one month to month from the date specified herein
and shall continue thereafter at CPI's then current published prices until terminated by Customer or CPI by sixty(60) days
prior written notice. CPI may, after the first year, increase or decrease maintenance prices upon sixty (60) days prior written
notice to the Customer.
12. PARTS. All parts that are replaced by parts provided by CPI shall be become the property of CPI. Parts provided by CPI in
performance of Services may be new or refurbished parts which are functionally equivalent to new parts and may be from
sources other than the original equipment vendor.
13. SITE PREPARATION. Customer shall, at Customer's expense, prepare and maintain the installation site. Customer assumes
the responsibility to back-up and/or otherwise protect its data against loss, damage or destruction before Services are
performed. Customer also agrees to permit prompt access to Equipment consistent with Customer's standard security
requirements and to provide reasonable assistance and facilities so as to expedite the performance of Services.
14. RECONDITIONING. In the event, in CPI's reasonable opinion, any unit or equipment must be factory reconditioned
because normal repair or replacement of parts cannot keep such a unit in satisfactory operation condition, CPI shall submit a
quotation for the required reconditioning to Customer. In the event Customer declines to authorize such reconditioning,CPI
may delete such item of Equipment from this Agreement.
15. ADDITIONAL CHARGES. Services performed as a result of any of the following conditions shall be subject to additional
charges for labor, transportation and parts: alterations to the equipment not authorized in writing by CPI; acts of God;
expendable supply items: damage resulting from improper use, environment or the use of supplies or accessories which are
not in conformance with the equipment vendor's published specifications; site surveys; maintainability inspections or any
events other than normal wear and tear.
16. EXCLUSIONS TO COVERAGE. Any items specified by the original manufacturer as consumable or the Customer's
responsibility, including, but not limited to, print heads,toner cartridges, ribbons or drums. Also excluded from coverage as
damaged caused by or from externally defined sources, including, but not limited to, acts of nature,flood, fire, lightning,
water and electrical sources external to the covered equipment. Repairs to equipment covered by this exclusion are billable to
the Customer at CPI customary rates.
17. NOTICES. All notices shall be in writing and all notices and payments shall be sent to the recipient at its respective
address shown on the face of this Agreement.
18. FORCE MAJEURE. Neither party shall be liable for any delay or failure to perform its obligations due to any cause beyond
its reasonable control.
19. LIMITATIONS OF ACTIONS. No actions, regardless of form or basis,arising out of transactions relatedto this Agreement
or the Services performed or to be performed may be brought by either party more than two(2)years after the cause of
action has accrued except that an action for nonpayment may be brought within two(2) years after the date of last payment.
20. COLLECTION
(a)Wrongful Termination. Customer's rates and other applicable discounts are based upon Customer's agreement to
purchase services for the entire TERM as stated in this Agreement. In the event of any termination of this Agreement other
than as provided for in this Agreement, Customer shall be liable to CPI for the amount of the balance due equal to the TERM
as specified herein.
(b) Fees and Interest. In addition to any other amounts due CPI by Customer as specified in Agreement,the
customer shall be liable to CPI for any and all cost of collection, including but not limited to court costs, reasonable attorneys'
fees and interest on any past due amounts.
21. WAIVER. Waiver of either party's breach of this Agreement shall not constitute a waiver of any other breach. CPI may
elect to continue performance notwithstanding such breach by Customer but such performance shall not constitute a waiver of
such breach nor otherwise limit CPI's remedies.
22. ENTIRE AGREEMENT.This agreement shall be construed in accordance with the laws of the State of South Carolina.This
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C R l T 1 C A t H A R D W A R E S U P P O R T
Agreement constitutes the entire agreement between the parties and may only be modified by a written instrument executed
by Customer and an Officer to CPI.Any term or condition of an offer set forth on any purchase order or other document
submitted by Customer which is inconsistent with any term or condition of this Agreement shall be of no force or effect
whatsoever.Neither Customer nor CPI shall be bound by any oral agreement or representation irrespective of by whom or
when made.
The undersigned represents by signature that he or she has accepted the terms of this quote as set forth herein and agree to
be bound by said terms.Signature of this quote will bind the parties to an enforceable contract as set forth herein.
IN WITNESS WHERE OF, rhes have caused this Agreement to be executed do hereby warrant and represent that their
respective signatory w sig ature appe low Is on the date of this Agreement duly authorized by all necessary and
appropriate corpora action execute s gr oement.
ComputerPlus Ales&Serv' Town of South
Authoriz 1gnatune Authorized Signature
David O.Yarborough
Printed Name Printed Name
President �'� `� j
Title Title 2 t Q
02/16/2018
Date Date
3
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of
Dell PovverEdoeR720 88VPB42 $486.00
Dell PowerEdueR72D GVVDRC42 $486.00
Dell PowerEdgeR63O 7VVFFR53 $375.00
Dell PovverEdQeR630 7VVFHR52 $375.00
Dell PowerEdgeRG3O 7VVFGR52 $375.00
Dell Power Edge 2g0O C2HFXH1 $325.00
Dell PowerEdge830 95NR391 $300.00
Dell PoxverEdge830 6522391 $300.00
Dell PowerEdgeR71O 8V71YO1 $486.00
Dell PowerEdgeR71O 8RHPPC}1 $486.00
Dell PowerEd8eR72O 9UK87Y1 $486.00
Dell PmwerEdgeR7JO 9UK77Y1 $486.00
Dell Pom/eredgeR72U ]GVV3KO2 $486.00
HP Pro|iontE55OOML3SO USE9391\16G9 $539.00
$6,967.00
HP Designjet Z5400 PostScript NPIA45D36B6018F $390.00
HP 4250DTN [NRXS07988 $97.00
HP 4250DTN [NRX]99067 $97.00
$684.00
Total
ORIGINAL
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y z RECEIVED
APR 2 6 2018
Southold Town Clerk
Office of the Town Attorney
Town of Southold
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone : 631-765-1939
Facsimile: 631-765-6639-
MEMORANDUM
To: Ms. Elizabeth A. Neville, Town Clerk
From: Mary Silleck
Secretary to the Town Attomey
Date: April 24, 2018
Subject: Agreement between Town of Southold and
Computer Plus
With respect to the above-referenced matter, I am enclosing the original
Agreement together with the Resolution.
If you have any questions regarding the enclosed, please do not hesitate to call
me. Thank you.
/ms
Enclosures
cc: Accounting