1989-128-RES WHEREAS, CITY COUNCIL IN ITS REGULAR MEETING ON SEPTEMBER 11, 1989
RESOLUTION NO. 89-128
WHEREAS, the City Council of the City of Paris, did
in its regular meeting on September 11, 1989, approve the bid
of Knogo Corporation to purchase a Library Assurance System;
and,
WHEREAS, it is in the best interest of the City of
that we purchase the Maintenance Agreement for the
Library Assurance System; and,
Paris
Knogo
WHEREAS, this Maintenance Agreement is for a per,iod of
one year at a cost of $720.00, and the same prIce is
guaranteed for each of the following two years; and,
WHEREAS, it would be right and proper to enter into a
Maintenance Agreement for such system, the form of which is
attached hereto as Exhibit A, and such Maintenance Agreement
should be approved, and the City Manager of the City of Paris
should be authorized to execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
That the purchase of the Maintenance Agreement for the Knogo
Library Assurance System at a cost of $720.00 is hereby
approved; and,
BE IT FURTHER RESOLVED, That the Ci ty Manager of the
City of Paris, Michael E. Malone, be, and he is hereby
authorized and directed to execute on behalf of the City of
Paris the Maintenance Agreement with Knogo Corporation for
maintenance of the Knogo Library Assurance System, upon the
terms and conditions and in the form attached hereto as
Exhibit A.
Passed and adopted this 9th day of October, 1989.
Ed~~"YO'~
ATTEST:
~~"~
Mattie Cunningham, Cit C er
T. K. Havnes. Citv Attornev
,.....
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MAINTENANCE AGREEMENT ~ KNOGO CORPORATION
AQAU)IlHT NUMBER \ ACCT. DEe. !WII. NUMe!] KNO<;>O NOR .TH. AMERICA
~ 350 Wireless Boulevard
. Hauppauge. NY) 1788
John"on 1 '57 (516) 232-21OQ.on-8oq~645-4224
3813
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KNOGO CORPORATION Local Service Center Telephone No. , _Rnn/",,,,c;_7?1 '7
Agreement made by and between KNOGO CORPORATION, a New York corporation with an office
It 350 Wireless Boulevard . Hauppauge, NY 11788-3907 (hereinafter referred to as "KNOGO") and
(hereinafter referred to as "CUSTOMER")
QUANTlTY DESCRIPT10N PRICE PER UNIT PRICE EXTENDED
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COMMENCEMENT DATE . Total Maintenance Charges I
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TERMS AND CONDITIONS
Subject to the terms and conditions herein contained KNOGO hereby agrees to maintain and repair the "KNOGO Detection System" as said
term is defined in a Lease/Rental/Purchase Agreement between KNOGO and CUSTOMER dated
CUSTOMER agrees to give KNOGO notice as soon as is reasonably possible of the need to repair the KNOGO Detection System. and KNOGO
undertakes to thereafter repair the same as is reasonably possible.
"IE ADDITIONAL PROVISIONS ON THE REVERSE SIDE HEREOF ARE INCLUDED IN. AND MADE A PART OF, THIS AGREEMENT. THIS
; A NON.CANCELLABLE AGREEMENT FOR THE TERM INDICATED ABOVE.
CCEPTED BY: KNOaO Corporation NAME OF CUSTOMER:
y:
Hauppauge, NY
fXH/BITA
Authorized Signature and Titl.
Michael E. Malone, City Manager
Prinllndividu.rs Name
ated:
Date:
October 9, 1989
i
TERMS AND CONDITIONS (Continued)
3. The term of this agreement shall commence on the date hereof, shall remain in effect for the period specified above. and shall therea'fter be
automatically renewed annually unless either KNOGO or CUSTOMER shall, at least Ihirty (30) days prior to the expiration of the initial or any
extended term of this agreement, notify the other party in writing of its intention to telminate this agreement at lhe end of the initial or any
extended term, in which event this agreement shall expire at the end of said term.
4. This contract is accepted and priced in accordance with the location of the installation relative to i!s'prpxim~y to a KNOGO Service Center.
Locations are categorized as Zone A, Zone 8, and Zone C, which are defined as follows:
Zone A = 0 - 100 miles from a KNOGO Service Center. Standard pricing applies.
Zone 8 = 101 . 200 miles from a KNOGO Service Center. Standard pricing +50oh surcharge applies.
Zone C = 201 miles and beyond Irom a KNOGO Service Center. Standard pricing + 100% surcharge applies.
5. Maintenance shall be provided during the principal period of maintenance (PPM) which is defined as the hours of 8:00 a.m. through 5:00 p.m.,
Monday through Friday, exclusive of KNOGO holidays. Service requested and performed outside this time frame will not be covered under
this agreement and will be charged at prevailing hourly rales.
6. CUSTOMER shall be responsible for repair or replacement of all damaged or faulty fuses, circuit breakers, wall receptacles and wiring which
is nol part of the KNOGO Detection System. CUSTOMER shall be further responsible for maintenance and upkeep, including cleaning, painting
and polishing, of all KNOGO equipment which is not classified as electronic equipment such as detection panel exteriors and instrument enclosures.
7. CUSTOMER agrees to furnish KNOGO full and free access to the equipment during the principal period of maintenance when KNOGO represen-
tatives are performing service. KNOGO reserves the right to replace any items of equipment with new or refurbished equipment of equivalent
functional specifications. KNOGO will not render any service under conditions which pose a potential for harm to KNOGO Service Representatives.
B. KNOGO shall repair and exchange parts free of charge in the U.S. and Canada in the event of manufacturing defects or failure under normal
customer use. Service rendered or required for any other reason, including but not limited to service rendered due to general environmental
conditions, accident or disaster (including fire, water damage, and failure of electricity or air conditioning) customer neglect, mis.use or abuse
of the equipment. repairs or maintenance of the electronic equipment by persons other than KNOGO Service Representatives, or re-Iocation
of the equipment (except as provided otherwise in the Lease/Maintenance Agreement), will be charged to CUSTOMER at prevailing rates.
9. KNOGO shall not be obligated to maintain or repair the KNOGO Detection System if CUSTOMER owes KNOGO any monies under any pur-
chase or rental/lease agreement or is in breach or violation of any of the other terms or provisions of this Agreement or any other Agreement
between KNOGO and CUSTOMER.
10. KNOGO shall be excused from the performance of its obligations hereunder when the failure of such performance shall be due to acts of God,
war conditions. labor troubles, strikes or any other cause beyond the control of KNOGO, or if its performance would be violative of then ap.
. pllcable laws or ordinances. In no event shall KNOGO be responsible for loss of profit due to equipment failure.
11, This Agreement and its validity, construction .an9 .performanc.e shall be governeq (w.ithout giving effect to principles of conflict of laws) in all
respects by the laws of the State of New York where KNOGO maintains its principle place of business and where this Agreement was executed.
KNOGO and CUSTOMER agree that only the courts of the State of New York shall have jurisdiction over any controversy arising out of this
Agreement and that the venue for the. adJUdication of any such controversy shall be in Nassau County, Service of process In connection with
such controversy may be made by registered mail, return receipt requested, addressed to the last known address of the party being served.
12. The parties hereto waive, insofar as permitted by law, trial by jury and any action between the parties. KNOGO and CUSTOMER intend this
Agreement to be a valid and subsisting legal instrument, and agree that no provision of this Agreement, which may be deemed unenforceable
shall in any way invalidate any other provision or provisions of this Agreement, all of which shall remain in full force and effect.
13. This Agreement, which term shall include any exhibits or riders attached hereto, sets forth the entire agreement and understanding between
the parties as to the subject matter hereof and merges and supersedes all prior discussions, agreements and understandings of any and every
nature between them, and neither party shall be bound by any condition, definition, warranty or representation, other than as is expressly pro-
vided for in this Agreement.
14, This Agreement shall not be changed, modified or amended except by a writing signed by the party to be charged, nor may this Agreement
be discharged except by performance in accordance with Its terms or by a writing signed by the party to be charged. Any writing to be signed
by KNOGO changing, modifying, amending or discharging this Agreement shall not be effective unless signed by an authorized officer of KNOGO.
15. This Agreement shall be binding upon CUSTOMER, its successors, permitted assigns, heirs and executors, if any, and upon KNOGO and its
successors and assigns.
16. This Agreement shall be a valid and binding instrument only upon acceptance by KNOGO at its home office in Hauppauge, Long Island, New
York and only upon execution by an authorized officer of KNOGO. Salespersons are not authorized to bind KNOGO. Any exhibit or rider attached
to this Agreement shall be valid and binding and constitute part of this Agreement, only if signed by an authorized officer of KNOGO.
17. Notice pursuant to this Agreement shall be deemed given when mailed by certified mail, return receipt requested, to the address of the parties
as set forth in this Agree,:,ent. unl~ss either party shall notify the other of a change of address by certified mail, return receipt requested.
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