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HomeMy WebLinkAbout17-063 - Electronic Business Machines - Managed Print Services Agreement17 -063 Council Approval N/A Documentl 1/23/2014 a 0 n r¢ tior,15100. Vt. "ill • ti LECTRDNIE BUSINESS MHGHINES Managed T!iin Agreemen Prepared For City of Tukwila 0 [Term of Agreement' rrerms and Conditions' Managed Print Services Agreement Start Date: This MPS Agreement with all Attachments, Schedules and Addenda shall be collectively referred to as this "Agreement ". Between) City of Tukwila (herein referred to as "Customer ") With its principal place of business at: 6300 Southcenter Blvd Tukwila, WA 98188 And Electronic Business Machines (Herein referred to as "EBM ") With its principal place of business at: 802 134th St. SW Suite #170 Everett, WA 98204 ServicesJ EBM will provide Customer the Managed Print Services (MPS) as described in Attachment A, "Scope of Services" for all equipment and OEM accessories herein referred to as "the Equipment" and locations as listed in Schedule A. EBM will provide on -site support, parts and supplies as described in Attachment A. Additional Services may be added to this agreement with the consent of Customer and EBM, added by Addendum and signed by both parties. Print Management Feel Customer shall pay a base monthly Print Management fee to :EBM. The fee is determined by multiplying the cost per page as provided herein, by the number of monthly pages agreed to by customer and EBM after a print assessment. This Agreement shall carry a cost per page for Black of .012 and a monthly base page amount for Black of 30.000 , with a cost per page for Color of .099 and a monthly base page amount for Color of 2,000 . Pages made in excess of the monthly allowance will be billed monthly unless otherwise stated. Payment Terms: Net 20 Days The term of this Agreement shall be for the length of twelve (12) months. This Agreement shall be automatically extended for successive one (1) year increments unless the customer gives at least thirty (30) days written notice prior to anniversary date. This Agreement shall commence immediately upon approval of Agreement by both parties at which point, EBM shall commence the Implementation Procedure as described in Attachment A, "Scope of Services ". Both parties agree to the terms and conditions set forth herein. Customer acknowledges that it has read the terms and conditions as set forth under Standard Terms and Conditions. (Initials) agreement shall be govemed and construed in accordance with the laws of the State of Washington. Electro 'e 3usin • ss By ►�1r Name: achines Title: -TV- �� i Q CNT Date: Document! 1/23/2014 City of Tukwila w By: ;fZ--- Name: JosepAC 7oe� Title: 2i ez°r /,w- and �,' / Date: 03 /eV2ni7 2 Standard Terms and Conditions 1. General Scope or Coverage This Agreement covers the labor. parts and supplies as necessitated by normal use of the equipment except as hereinafter provided. Damage to the equipment or its parts arising out of misuse, abuse, negligence, or causes beyond EBM's control are not covered. EBM may terminate this agreement in the event equipment is modified, altered or serviced by personnel other than those employed by EBM or without consent of EBM. 2. Availability On -site hours are from 8:OOam to 5:OOpm Monday through Friday excluding EBM Holidays 3. Additions or Movement of Equipment Customer is required to immediately notify EBM upon installation of any additional equipment at Customer's site capable of using EBM supplied toner cartridges. Upon installation, such equipment shall automatically be covered by this Agreement and additional monthly pages will be added to the base amount monthly. Said equipment shall be considered the Equipment for all purposes under this agreement. Additionally if any printer(s) is/are relocated for whatever reason the customer will notify EBM so we may update our location information in order to insure technicians and supplies are sent to the correct location. 4. Extensions and Rates This Agreement will be reviewed quarterly. The tern of this agreement shall be for the Length of 12- months and will be automatically extended for successive one (1) year periods unless the Customer gives at least thirty (30) days prior to the renewal date with intent to cancel. EBM may cancel a contract with thirty (30) days prior written notice at any time throughout the agreement. Extension of this agreement is subject to price and provision changes without notification and is subject to annual increases. 5. Non- Performance In the event that EBM does not perform the services to the Customer's satisfaction, Customer shall inform EBM in writing and EBM shall have a period of ninety (90) days to correct any deficiencies in performance. Should EBM still be unable to correct the problem, the Customer shall have the option of terminating this Agreement without incurring any penalty including Liquidated Damages. In the event of termination for non - performance Customer shall: a) Permit EBM to remove any EBM owned equipment and supplies covered under this Agreement b) Pay all charges due and owing to EBM through the date of removal of such equipment and/ or supplies 6. Confidentiality EBM recognizes that it must conduct its activities in a manner designed to protect any information concerning its affiliates or Customers (such information herein referred to collectively as the "Information ") from improper use or disclosure. EBM agrees to treat Customer's Information on a confidential basis. EBM further agrees that it will not disclose any Customer Information, without Customer's prior written consent, to any person, firm or corporation except (1) to authorize Customer representatives or (2) to employees of EBM who have to perform the services contemplated hereunder. EBM agrees upon request to have its employees execute written undertakings to comply with the confidentiality requirements set forth under this paragraph. 7. Insurance EBM shall at all times during the term of this Agreement maintain, at its cost, customary levels of the following types of insurance: general liability, workers compensation liability and, if appropriate to the services rendered, automobile liability (including bodily injury and property damage) 8. Indemnification Customer shall indemnify and hold EBM harmless from any claim, demand, liability, and cause of action or damage for actual or alleged infringement of any intellectual property rights or copyrights arising from the performance of services under this Agreement. Customer agrees to defend EBM at Customer's sole expense, against all suits, action or proceedings in which EBM is made a defendant for actual or alleged infringement of any intellectual property rights. Other than as provided above, each party agrees to hold harmless, defend and indemnify the other party against any liability, demand, claim or cause of action for personal injury or property damage due to or arising out of the acts of that party, its agents and employees. However, each party shall have no obligation to hold harmless, defend or indemnify the other from or for liability arising from the other's own intentional or negligent acts. In no event shall EBM be liable to Customer for consequential or indirect damages due to EBM's non - performance, any breach of this Agreement, or any act of EBM or of its employees or agents. 9. Miscellaneous This Agreement supersedes all prior discussions or understandings between the parties and the Agreement cannot be changed or terminated orally. No modification of this Agreement shall be binding unless signed by the party against whom it sought to be enforced. Customer understands that EBM is not bound by any written or oral representations made by its salespeople that are not reflected on the face of this agreement. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of the Agreement shall still be construed as valid and enforceable. No waiver shall be deemed to be made by any party of any of its rights hereunder unless, the same shall be in writing signed by the waiving party and any waiver shall be a waiver only with respect to the specific instance involved and shall in no way impair the rights or obligations of any party in any respect at any other time. 10. Assignability The Customer may not assign its interest in or delegate its duties under this Agreement. 11. Breach or Default If the Customer does not pay all charges for services as provided hereunder, promptly when due: (1) EBM may (a) refuse to provide service, parts or supplies for the Equipment or (b) furnish service, parts and supplies on a C.O.D. "Per Call" basis at published rates and (2) the Customer agrees to pay EBM costs and expenses of collection including the reasonable attomey's fee permitted by law in addition to all other rights and remedies available to EBM. 12. Chargeable Service Estimates In the event that the cause of the problem with the printer was due to neglect or improper use as stated in section 1 "General Scope of Coverage" a written estimate of the necessary repairs and parts needed to fix the printer will be provided before any work is performed. Documentl 1/23/2014 3 Addendum A Scope of Services Managed Print Services Agreement 1. Call Reporting All reporting of hardware failures should be directed to Customer Service at (425) 743 -6747 or through email at copierservice a,ebmco.com. Please have the appropriate ID number to give to the customer service representative. 2. Implementation and Meter Collection Upon approval of this Agreement by both parties, EBM will complete an inventory of the Equipment to be serviced under this Agreement. During the inventory an EBM identification tag will be attached to the Equipment and EBM will print a configuration page from each device to obtain IP Address and starting meter information. Customer agrees to allow the installation of the EBM approved remote meter collection software on an approved server or network PC to collect meter reads. In addition, customer agrees to provide IT assistance as required to maximize the number of devices reporting remotely. Equipment not capable of recording remotely will be identified and customer will be contacted to determine an alternate method for obtaining these meter reads. Meter reads can be reported to (425) 347 -2244 or by email to copierservice (a,ebmco.com. In the event meter reads are not reported for a device, EBM will check service history and will estimate the read based on previously established meter estimation policies to process billing. 3. Managed Print Services Managed Print Services are inclusive of but not limited to the following: a) Hardware Support Services Total Call Commitment- Your EBM technician, under the guidelines of the Standard Terms and Conditions, will act proactively as they follow a standard procedure for addressing hardware failures involving resolution of the immediate failure followed by a completion of a multi -point check list replacing high mortality parts as needed. Supplies- Supplies excluding paper will be included. All supplies will be OEM compatible unless noted in this agreement. Supplies will be shipped per customer's request but limited to a quantity required based on average monthly prints generated under this agreement. MICR and color toner are excluded unless noted in this agreement. Hardware Installation- An EBM representative will assist, at your request. in the installation of any equipment covered under this agreement. Response Time - EBM will respond to service calls placed to the Customer Support Center (electronic or voice mail) within an average of four (4) business hours response time. Remote Support- EBM may remotely monitor and support the Equipment for more timely and accurate resolution of problems. Service Loaners- in the event we cannot repair your printer in your office we will provide a free loaner until your printer is repaired. * * The customer must be contracted for a minimum of 100,000 prints per month b) Network Support IT Support- EBM can provide support for application specific and network printing challenges. but this type of service is not covered by this agreement. IT support will be billed on a "time and materials" basis at the prevailing EBM IT labor rates. c) Contract Management Quarterly Print Management Meeting- Your EBM Representative will meet with you at least Bi- Annually. but not more than once per quarter to review the Agreement, EBM's performance and Equipment performance. Asset Management- The EBM Support Center will maintain an accurate inventory of all Equipment and associated print volumes. EBM will proactively offer solutions that would improve the conditions of the Agreement including, but not limited to, reallocation of resources for improved performance, cost reduction initiatives and recommendations for any new technology. 4. Escalation EBM uses an operating system designed to automatically monitor and alert your MPS Customer Support Team when response times, equipment performance and technician performance fall below EBM's standards. Following such alerts, measures will be taken to correct any deficiencies. a. EBM Standards Response Time- Average four (4) business hours Equipment Performance- Performance is based on number of prints between calls according to industry guidelines. This can be altered within the EBM system to improve performance for equipment marked as "Mission Critical ". Technician Performance- Performance is based on the accumulation of prints between call, incomplete calls and response time. Documentl 1/23/2014 4 City of Tukwila Printers ID GL Code lacaHOn Address Brand Model IPAddress Serial A9903 George Long Mechanics HP P4015 B/W 17216.0.50 CN0Y299532 A9904 Foster Links Clubhouse HP 4200 B/W 172.16.0.78 USGNN24822 A9905 TCC Rental Office HP 4250 B/W 172.16.0.34 CNGXB41729 A9906 _ TCCRkk's Office HP 4250 B/W 172.16.0.48 CNRXY26349 A9907 TCC Recreation Office HP P4015 B/W 192.168.25.206 CNDY882247 -. 99908 TCC Front Desk NI - HP P4015 8/W 192.168.25.203 CNDY877388 A9909 _ TCC Front Desk 42 HP P4015 8/W 192.168.25.201 CNDY924281 A9910 Fire Station 054 - HP P2055dn 8/W 192.168.2.179 VN83S13306 A9911 NRC Resource Center HP M375nw B/W 192.168.7.29 CNB8D2VXOV A9912 Traffic /Tact HP P4015 B/W 192.168.0.246 CN0Y259862 89913 000.06.515.30031 City Attorney's Office HP P4015 8/W 172.16.0.241 CNDY299611 A9914 fire Prevention HP P4015 B/W 192.168.2.207 0409260652 A9915 000.11.522300.31.00 Fire Prevention /Marshalis Office HP 2420 B/W CNG1C87413 Not on Network A9916 Major Crime /MCU _ HP _ M551 CLR 192.168.7.182 CNDCGOH15Q A9917 Public Works / Counter HP P4015 B/W 172.160.113 CNDY2S9851 A9918 OCD Counter _ HP P4015 B/W 172.16.033 C109353269 A9919 DCDAdmin HP P4015 8/W 172.16.0.47 CNDY108991 A9920 OCD - HP P4015 8/W 172.16.0.79 CNDY819136 A9921 UR /Brenda HP P4015 8/W 172.16.0.80 C1409819128 A9922 HR /Director HP 4250 B/W 172.16.055 CNRX520516 A9923 Human Services /Evie HP 4200 8/W 172.16.0.41 CNBX307542 A9924 City Clerk HP 4100 8/W 172.16.0.9 USGN107787 A9925 City Clerk HP P4015 B/W 172.16.0.45 CNDY301621 A9926 City Clerk Records HP CM2320nf CLR CNF9C9YX4Z Not on Network A9927 Finance 1 HP 4100 8/W 172.16.0.49 USGN107785 A9928 Finanace2 HP 4250 B/W 172.16.0.51 CN8XB35332 A9929 Court Fishbowl ' HP M425dn 8/W 192.168.15.165 CNF8GOKOP1 A9930 Courtroom Chanmbers HP M570dn CLR 192.168.1535 CN59G11C65 A9931 Court Admin HP M570dn CLR 192.168.15.175 CNS9D9W810 A9932 Court Director HP P2055dn 8/W 10.1.1.100 CNB9N78336 A9933 Evidence Lexmark E260dn B/W 192.168.7.227 721NLH8 A9934 Police \ Records HP P4015 B/W 192.168.7.187 CNDY849679 A9935 Police \ Report Writing HP P4015 B/W 192.168.7.199 CNDY352715 A9936 Police\ Sergeants Office HP 4200 B/W 192.168.7.198 USBNX03791 A9937 Police\ Sergeants Office Lexmark C543 CLR 192.168.7.196 9812F2Z A9938 • Police/Rahwa's Office HP M451dn CLR 192.3168.7.229 CN0F260581 A9939 Police /Commander's Johnson HP M451dn CLR CNDF279648 Not on Network A9940 Police / Commander Harrison Lexmark E260dn 8/W 7215938 Not on Network A9941 Payroll HP P3005 B/W CNG1P06371 89942 Fire 51 / Front Desk HP M401dne B/W PHGFC50820 Not on Network A9943 Fire 51 /Hallway HP 94015 B/W 192.168.2.101 CNDY109008 A9944 Fire 51 / Dienes Office HP P4016 B/W 192.168.2.215 CNDY352722 A9945 Fire 51 / Captain's Office HP M127fw B/W CNB8H4R6M3 Not on Network A9946 Minkler Main Office HP P4015 8/W 192.168.0.242 CNDY884440 A9947 Minkler Sewer/Water Dept HP CP5225N CLR CNGCGB5006 Not on Network A9948 Minkler/ Water 42 HP P2015 B/W CN89B01376 Not on Network A9949 Minkler / Street Maintenance 41 HP m402dn B/W PH8Q808327 Not on Network 89950 Minkler / Street Maintenance 42 HP 4700 CLR 192.168.20.3 1P2L871700 A9951 Fire Station 452 41 HP 4050 B/W 192.168.2.103 USCC060274 A9952 Fire Station 452 42 HP p2015 8/W CNB1C48229 Not on Network A9953 Fire Station 953 HP P2035n B/W CNB9F13030 Not on Network A9954 CRC HP CM2320NF C1.9 10.1.10.50 CNF9860T1F