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Home My WebLink AboutAXIS (Advanced Xerographics Imaging Systems, Inc.) Customer Service Agreement - 2007 07 31 I Advanced Xerographies Imaging Systems, Inc. CITY OF WINTER SPRINGS CUSTOMER SERVICE AGREEMENT JULY 31, 2007 Advanced Xerographies Imaging Systems, Inc. (AXIS) agrees to supply to CITY OF WINTER SPRINGS (CLIENT), located at 1126 East S.R. 434, Winter Springs, FL 32708 and CLIENT agrees to purchase from AXIS the CLIENT'S CASS Certification, Laser Printing and Mailing Services as outlined below. This Agreement will remain in effect per the specifications of the City ofMelboume piggy-back agreement Amendment 2 to Service Agreement for Utility Billing Services until May 31, 2008 (Contract No. 02-024-0-2003). GENERAL PROCESSING ASSUMPTIONS 1. AXIS will handle the laser printing and mailing of the CLIENT'S utility invoices. The volume is approximately 13,400 multi- page invoices/month and approximately 80-300 final bills per month. 2. AXIS will receive data for the notices from the CLIENT weekly. CLIENT will supply a schedule thirty (30) days prior to each month. 3. AXIS will receive data in a format determined mutually by AXIS and CLIENT. (In data format). It is preferred that if the file is sent via electronic transmission that the CLIENT use "FTP" (File Transfer Protocol) and that the CLIENT compress the file using compression software. 4. AXIS will simplex ( one side) laser print in black ink, the data on 8 Yz XII, 60# offset or 24# bond white paper. The paper will be pre- printed 2/1, black or blue ink. The paper will have a horizontal perforation and will be "long-grain". AXIS will supply the paper. 5. AXIS will laser print a message that will print on the invoice. This message can be changed by the CLIENT from one cycle to the next. The required text for the message is required 72 hours prior to the printing and mailing of the invoices. 6. AXIS will fold and insert the notices into # 1 0, white, single window envelopes along with a #9 white, window envelope. The #10 and #9 envelopes will be pre-printed on the front in black or blue ink. The #10 and #9 envelopes will be supplied by AXIS. 7. There may be periodic requests for inserts to be mailed with the invoices. All invoices will receive the same insert. The CLIENT will supply the inserts to AXIS at least one week prior to the mailing. CLIENT will have clear instructions with the insert detailing which print run ( cycle) requires the insert. All inserts supplied must be within the specifications supplied by AXIS to meet the machine requirements for automated inserting. - CITY OF WINTER SPRINGS - UTILITY BILLING SUBMITTED BY - AXIS INe. 07/31107 PAGE 1 ..-.~ ~!.~) I AJvancct:1 XcrographialImaging SYKlCmK, Inc. 8. AXIS is required to perform special programming on the data that CLIENT supplies. Some of the programming that is required is: A.) Process the files for CASS certification. (delivery point barcode) B.) AXIS will create a "key-line" that will appear above the name and address block for quality control purposes. C.) 3 of 9 barcode for return payment processing (if applicable). D.) Special message to be printed on the invoice for each cycle. 9. AXIS will supply all printouts to the postal service to document the postage discounts where applicable (e.g. zip distribution reports, CASS certificates, and presort summary reports). 10. AXIS will provide a postage report to the CLIENT for each run. 11. Each job will be sorted and bundled to the lowest qualifYing First Class rate for postal discounts (U.S.P.S. CASS certified). NCOA and "MOVE UPDATE" requirements are the responsibility of the CLIENT. 12. AXIS will develop operation documents for printing as well as inserting and mailing, define procedures for quality control and develop all the automated controls that will be necessary to accurately process the data files when they are received by AXIS. 13. Delivery of mail to the postal facility located physically nearest to or directly to the U. S. Postal Service's Mid- Florida Processing and Distribution Center in Lake Mary Florida or to the Orlando Tradeport postal facility will be supplied at no additional charge. 14. Any "no-mail" notices, accounts with "bad" addresses or unused inserts will be delivered back to the CLIENT. 15. Postage will be due one month in advance and a montWy report will be supplied to CLIENT to reflect the current status. PRICING 1. Client is responsible for all shipping and delivery charges. 2. All additional inserts (as defined in #7 above) will be processed at $1O.00/thousand inserts. CITY OF WINTER SPRINGS - UTILITY BILLING SUBMITTED BY - AXIS INe. 07/31/07 PAGE 2 (V~k: I Advanced Xerographies Imaging Systems. Inc. 3. Any additional set -up or special programming will be charged at $75. OO/hour. This rate will also be charged each time the message changes on the invoice. 4. There will be a one-time development fee not to exceed $1500.00 for data programming and composition. 5. Until May 31, 2008, the price for the programming/development listed in items 8 A-D, simplex laser printing, folding, inserting, metering, sorting, and delivery to the Mid-Florida postal facility in Lake Mary Florida or the Orlando T radeport postal facility is $0.15 580/notice. The price for the #9 Remittance envelope is $.02762/each. This pricing is in agreement with the City of Melbourne Utilities agreement (piggy-back) dated March 17,2006 and their Contract No. and Amendment 2 To Service Agreement for Utility Billing Services (02-024-0-2003). This price does not include postage. AXIS does maintain a minimum shop charge of$300.00 for this project. This charge is not in addition to the above price. It simply means that if the total project is less than this amount, AXIS will charge this flat rate to cover fixed costs. 6. Terms are NET 45 upon delivery and acceptance. SIGNATURES: By: ;(}w~ M'm~ ~ , ~;(\'ll(~ w. mc 1..-~0 0y ))JO..()(.\lY:Y ~~p CITY OF WINTER SPRINGS By: Title: Title: Account Manager Date: \~\l.D \ 01 Date: Julv 31. 2007 CITY OF WINTER SPRINGS - UTILITY BILLING SUBMITTED BY - AXIS INC. 07/31/07 PAGE 3 @ I AJvancc(1 XcrographicK Imaging SYKLcmK. Inc. City of Winter Springs - Utility Billing TERMS & CONDITIONS July 31, 2007 1. WARRANTY: AXIS warrants that the services provided herein will r~'1llt in products that are usable as working records of the CLIENT. CLIENT agrees that such services shall not relieve it from any obligation to maintain records and/or duplicate copies of source documents to mitigate against the possibility of the loss of data resulting from any cause. If any documents furnished by CLIENT are damaged or lost while in AXIS' possession, AXIS' sole obligation shall be to reprocess the documents tor mailing if CLIENT can provide a duplicate copy. AXIS shall not be liable for the loss of any information on or the damage to any source documents or magnetic media. No claim will be allowed under this warranty unless the CLIENT promptly notifies AXIS of such claim in writing within thirty (30) days of such occurrence. The foregoing warranty is exclusive and in lieu of all other WaIT"dIlties v.rh.ether expressed or implied. AXIS ASSUMES NO LIABILITY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTALOROTIffiR DAMAGES OF ANY TYPE RESULTING FROM AXIS' PERFORMANCE HEREUNDER. THE AFORESAID REMEDY OF THE CLIENT IS EXCLUSIVE AND TIllS PROVISION SHALL APPLY TO ANY AND ALL CLAIMS OR SUITS BROUGHT AGAINST AXIS BY THE CLIENT. AXIS SHALL NOT BE RESPONSIBLE FOR DELA YS IN PROCESSING OR IN THE DELIVERY OF THE COMPLETED PRINTING. 2. CHARGES FOR SERVICES: AXIS may vary the prices set forth in this Agreement to reflect increases in its labor and material costs. All price increases are efiective thirty (30) days after written notice by AXIS to the CLIENT. Based upon receipt of a favorable credit application, Invoices are due NET45. 3. TAXES: All federal, state, county, local or other excise, sales or use taxes will be paid by the CLIENT 4. CONFIDENTIALITY: AXIS agrees to exercise caution and discretion in safeguarding CLIENT's information and data which are confidential and are clearly so designated. AXIS shall be liable to CLIENT only in the event of a willful and material disclosure of such information or data. 5. NON-SOLICITATION AGREEMENT: Both parties agree that, during their contractual relationship, and for a period of two (2) years from and after the termination, for whatever reason, of this contract, neither shall engage, hire, employ, or solicit any employee from the other party or otherwise induce or attempt to induce any employee from the other party to leave its employment or alter in any way the other party's relationship with its employees. CITY OF WINTER SPRINGS - UTILITY BILLING SUBMITTED BY - AXIS INe. 07/31/07 PAGE 4 \fiD~~) I A(lvanccc:l Xcrogrdphiex Imaging SyKlcInK.Inc. G. BINDING EFFECT: This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties to this Agreement, and their respective successors and assigns. In the event that substantially all of the assets of the CLIENT are sold to another company or the CLIENT is consolidated or merged with another company, CLIENT agrees that this Agreement shall be assigned to and be binding upon such other company Further, if the data processing operations of CLIENT are transferred to a different location, this Agreement shall remain in effect if AXIS is able to provide the same services at such location as are provided hereunder. The CLIENT shall give AXIS six1:y (GO) days written notice of its intent to transfer its operations elsewhere. AXIS shall then have thirty (30) days to inflmn CLIENT as to whether it is able to continue providing services at the new location. 7. TIME OF ESSENCE: Time is of the essence with respect to each and ever} term and provision of this agreement. 8. GOVERNING LAWS The validity, construction, and effect of this Agreement shall be governed by the law of the state within which the services are to be provided. 9. DEFAULT: If either party is in default under this Agreement and such default continues for thirt:y (30) days after written notice thereofby the other party, this Agreement may thereupon be terminated by such other party. In case suit is brought by either party due to such default, the prevailing party in the litigation shall be entitled to recover against the other party a rea..<mnable attorney's fee to be fixed by the court. In the event of a default by CLIENT, the parties agree that the minimum monthly charge, if any, stated on the front of this agreement shall not be used as the measure of damages. 10. EXCLUSIVE AGREEMENT: CLIENT andAXIS agree to be bound by the terms of this Agreement and further agree that it is the complete and exclusive statement of the agreement between the parties, which supersedes all agreements, proposals, oral or written, and other communi.catimls between the parties relating to the subject matter of this Agreement. No amendment or modification to this Agreement andno waiver of any provision shall be valid unless in writing and signed by both parties hereto. If Client issues a purchase order or memorandum or other instrument covering the services provided herein, such purchase order, memorandum or instrument shall be for CLIENTs internal purposes only, and any and all terms and conditions contained therein, whether printed or written., shall not vary or add to the terms and conditions of this agreement. CITY OF WINTER SPRINGS - UTILITY BILLING SUBMITTED BY - AXIS INe. 07/31/07 PAGE 5 ~~ I Advance(! Xt-Tographicl< Imaging SYl<lcml<, Inc. The PARTIES agree to be bound by the tenus and conditions doclUuented in the original Client Service Agreement. Client Advanced Xerographics Imaging Systems, Inc. ~JJ Q~I t~y O~ wcn tif Spn~):) By: (Company Name) Lori Foerster, Account Manager 7-3/- () 1 /d~ tV. .:J1? r ~ Si~n'ature / t2--DvYtld w. mCL l-tmo(t.-I Date Name (Type or Print) ti f-y f)W~~ t f Title '1 }1.-OID'I Date CITY OF WINTER SPRINGS - UTILITY BILLING SUBMITTED BY - AXIS INc. 07/31/07 PAGE 6 ~