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HomeMy WebLinkAboutA C C U Data Solutions,Inc. Augusta Richmond GA DOCUMENT NAME: A c. c u \J A-T,q So \ U'T' ONS, :r "'CoO DOCUMENT TYPE: LD ,vT({.A c'T YEAR: \ q q <l BOX NUMBER: it> FILE NUMBER: ) 3 S)" to NUMBER OF PAGES: S '? AccuData Solutions, Inc. Laser and Impact Printing Services Contract. ThE: Agreement, made and entered into this 4th day of August, 1998 by and between AccuData Solutions, Incorporated (hereinafter referred to as "ADS") and Augusta, Georgia (hereinafter refE~rred to as "Customer"). The parties named above agree ADS shall provide print services and/or mail house services for the Customer under the following terms and conditions: 1. Term: This Agreement shall become effective when signed by ADS and shall remain in effect for an initial period of one (1) year. This Agreement shall be automatically renewed for additional one (1) year period(s) unless either party provides the other notice of intent not to renew at least ninety (90) days prior to the expiration of the initial, or any renewal, term of this Agreement. In addition, this Agreement may be earlier terminated as provided in paragraph 14 below. 2. Services: ADS shall provide printing, rendering, inserting, mailing services as agreed to by Customer. The services (collectively referred to as the "Services"), as selected by Customer, will be performed to customer specifications and within a reasonable time period, as agreed to with Customer. . 3. Supplies and Materials: ADS shall make available or arrange for the procurement and storage on-site of optional supplies and materials as requested by Customer. 4. Charges: To the charges stated herein, there shall be added any Federal, State or local taxes duly imposed on the use of the services. 5. Other Charges: Estimated postage costs will be billed prior to rendering mail services. 6. Billing: Services will be invoiced on the first of the month following the month in which the c;tiW services were performed, and payment for services is due te& j20) days from invoice date. ~r/{2::1 c..,u.i:) fA,,.r; 7. Testing: Customer shall provide" ADS with test materials prior to initial services being performed. The test will provide assurance that all print specifications and postal regulations are being met. The test performed is at no additional cost to Customer. 8. Duties of Customer: Customer shall have the following duties, obligations, and responsibilities: (a) Maintain duplicate tapes or data files until after job completion to insure data transmissions can be read for initiating proper and accurate work-meso (b) Customer agrees to notify ADS promptly of all print file changes, prior to me transmission. Non-notification may delay processing and prompt mailing, of which ADS will not be responsible for any loss or damage incurred. 9. ADS and the Customer shall each make available to the other the names and phone numbers of operational contacts who should be notified in the event of any processing difficulties experienced by either party. 10. Service Fees are provided in Schedule A. , 11. Default: The following shall constitute events of default by Customer: (a) The failure of Customer to pay ADS any fees and other amounts due thereunder or pursuant to an invoice or statement rendered by ADS. (b) The material breach by Customer of any other provision of the Agreement, including, but not limited to, the insolvency of Customer, the filing of a petition in bankruptcy by or against Customer, the appointment of a receiver for Customer, or the assignment by Customer for the benefit of creditors. 12. Remedies on Default: ADS shall have the following remedies on default of Customer: (a) If Customer does not pay fees required herein and ADS' invoices when due, ADS shall give written notice to Customer. Should Customer fail to cure such defaults within 30 days after notice of such defaults, ADS may terminate this Agreement. (b) In the event of any other material breach by Customer, ADS may immediately terminate this Agreement and seek all available legal and equitable remedies. 13. Strikes, fIres, shortages oflabor or materials, severe weather, natural disasters, or ADS' processing systems, or other causes beyond the control of ADS which shall affect ADS' ability to perform hereunder shall constitute valid ground for suspension of ADS' performance standards until such time as the event causing the delay has ceased to affect ADS' ability to perform. 14. This agreement may be terminated by either party upon written notice to the other, with ADS agreeing to provide not less than ninety (90) days notice of termination or alteration in the terms of this agreement which may become necessary. This agreement shall remain in full force and effect after the effective date of cancellation with respect to items previously received and processed hereunder. In the event that neither ADS nor the Customer gives notice, the period is then automatically renewed for one (1) year. Adjustment in Service Fees may be amended with ninety (90) days prior notice to renewal of contract. 15. This agreement, together with all exhibits referenced herein, constitutes the entire agreement between the ADS and the Customer and supersedes all other proposals, oral or written, between the parties on this subject. This agreement may be modifIed only in writing and with the mutual consent of the parties hereto. This agreement shall be construed and regulated under and by the laws of the State of Georgia. 16. ADS agrees to safeguard Customer's confIdential or proprietary information to the same extent that ADS safeguards confIdential and proprietary information in its own business. ADS agrees to take all reasonable steps to prevent the disclosure, publication, or dissemination of Customer's confIdential or proprietary information to any other person, entity, or governmental agency, except where and to the extent specifIcally required by law. 17. Reasonable Efforts: In all cases, the parties agree to use all reasonable effort to carry out the letter and spirit of this Agreement and to use good faith and commercial reasonableness in their dealings with one another. 18. All claims, disputes and other matters in question between the Customer and ADS arising out of or relating to the agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ADS, by executing this Agreement, specifIcally consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. .. IN .WITNESS WHEREOF, AccuData Solutions, Inc. and the Customer have caused this Agreement to be executed on the day and year fIrst above written. Daled:rt71/51'4lf~ AceuData Solutions, Inc. (ADS) Customer, Authorized Representative BY:~~/ =:0 Print Name:)f1 ~7O- .j3!a-), II@) Titl,e: J?"J/Jdhf" Title: Mayor cu:D~ ,01 \~ \c. Schedule A ADS will provide printing services as requested on a per impression basis. ADS will provide impact printing, decollating, and bursting on a per data mailer basis. CASS certification of addresses, postal net bar coding and Zip Plus-4 sorting will be done as requested on laser printed forms. The printer files will be received with a file transfer program via the Internet. The files will be printed and delivered via courier the next day - provided the file is sent at a reasonable time and is of a size that can be printed before the scheduled departure of the courier from ADS. This once a day delivery is included in the bid pricing. Items not included in the bid pricing. 1. Paper and forms costs. 2. Postage costs. 3. Stuffing and mailing oflaser printed forms. 4. Mailing of Data mailers. 5. Special programming requests. The per image charge for laser printing of forms and reports is 4.5 cents per Image. The per form charge for the impact printing, decollating, and bursting of data mailers is 8.4 cents per form. Optional Services: 1. Stuffing and mailing of laser printed forms. Using a standard #10 window envelope, a #9 remittance envelope and 8 Y2 X 11 20lb form the charge would be 4 cents per form. Up to two additional inserts would be I cent per insert. 2. Programming charges would be $50 per hour. 3. Metering data mailers would be 1 cent per mailer.