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IT13-215 - Original - Preferred Copier Systems, Inc. - MFD Maintenance & Repair Services - 12/01/2013
KENT WASHINGTON GOODS & SERVICES AGREEMENT between the City of Kent and Preferred Copier Systems, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Preferred Copier Systems, Inc. organized under the laws of the State of Washington, located and doing business at 7691 S. 1801h Street, Kent, Washington 98032, Phone 425-251-1201, Contact: Ron Cox, President and/or Charles Bryant (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Please See Exhibit A "Preferred Copier Systems, Inc. and City of Kent MFD Maintenance Repair Description of Services and Service Level Agreement" and Exhibit B, List of City-owned MFD Fleet Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services for a 12 month period from Dec 1, 2013 through Dec. 1, 2014 (the "Term"). At the end of the Term, City and Vendor may mutually agree to a month-to-month extension of this Agreement for up to six (6) months by a written agreement signed by both parties. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed .0092 per black and white impression and .07 per color impression for all makes and models of the City's fleet of Ricoh MFDs, plus applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 1 (Over$10,000,00, including WSST) Vendor will gather meter counts electronically through a meter gathering tool. Meters will then download into the PCS billing system. Vendor will provide the meter information on a machine by machine basis in a format mutually agreed to between the City and the Vendor but including meter start and end counts for each product, the rate charged, total impressions and total amount billed per machine. Vendor will provide consolidated invoices by the 10`h of every month based on machine usage. City will pay 30 days net from date of receipt of invoices. Billing questions or errors will be resolved between the Vendor's local office and the City and credits or additional charges will be applied to the next month's billing. Meters will be based on actual usage; no averaging or estimating will be done. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. DEFAULT AND TERMINATION. If Vendor fails to meet the performance guarantees stated in this Agreement or is financially unable to perform the services contracted for in this Agreement, it is a default of this Agreement. The City shall notify Vendor in writing of any default, which shall be corrected by Vendor within thirty (30) of receipt of notice of default from the City. A. If Vendor does not correct a default within thirty (30) days of receipt of notice from the City, the City may immediately terminate this Agreement. B. If the City issues a notice of default to Vendor more than twice during the Term or any extension term of this Agreement, the City may terminate this Agreement, effective immediately. The City may terminate this Agreement effective immediately if its City Council fails to provide funding for continued MFD maintenance. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Dui to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, Including WSST) expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option i conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. GOODS & SERVICES AGREEMENT - 6 (Over$10,000,00, Including WSST) F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By r� Z By: (signature) (signature) Print Name: Charles Bryant Jr. Pr t Nam uzette Cooke Its OwnerlService Manager I Ma or (title) DATE: % �-2Z DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Preferred Copier Systems, Inc. City of Kent Attn: Ron Cox/Charles Bryant Jr. Attn: Dea Drake, Multimedia Manager 7691 South 180th Street City of Kent Kent, WA 98032 220 Fourth Avenue South Kent, WA 98032 425-251-1202 (telephone) 425-251-1696 (facsimile) (253) 856-4646 (telephone) (253) 856-4700 (facsimile) GOODS & SERVICES AGREEMENT - 7 (Over$10,000,00, including WSST) APPROVED AS TO FORM: Ke t Law Depart P 1C1vt1Tdes\0peo FOes\W 73-IT Genem[\Prefrn d Copier Systems Goods&Svcs Agrcemem doc GOODS & SERVICES AGREEMENT - 8 (Over$10,000.00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 20_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 Exhibit A Preferred Copier Systems, Inc. and City of Kent MFD Maintenance Repair Description of Services and Service Level Agreement 1. DEFINITIONS: a. Impression: An impression (also called a "click" charge) is defined as one side of one piece of 8.5x11 or 8.5x14 paper. Paper sizes greater than or 8.5 x 14 will be charged two impressions per side. b. MFD (Multifunction Device). A copier/printer device that provides copying off the glass, network printing, scanning and/or faxing. c. Vendor Meap/EESA Maintenance and Network Maintenance services: Covers phone support and network onsite support on the MFDs, including reinstalling copier apps, troubleshooting application problems, etc. This does not include supporting other network problems. If a problem resides on the City's network, normal network charges will apply. 2. MAINTENANCE SERVICE FEES BILLING: a. Vendor will gather monthly meter counts electronically via remote retrieval in order to determine machine usage. b. Vendor will provide consolidated invoices by the loth of every month based on machine usage. Should the remote retrieval feature fail to properly meter copies for any reason, the City shall be without liability for any impact to the amount of maintenance service fees due Vendor. In such cases and upon request, the City shall provide a visual meter read for Vendor in a timely manner to allow Vendor to provide a timely invoice. c. City will pay 30 days from date of receipt of invoices. Billing questions or errors will be resolved between the Vendor's local office and the City, and credits or additional charges will be applied to the next month's billing. d. The maintenance service fees due under the Agreement shall remain fixed during the Term of the Agreement or any extension thereof, unless adjusted by mutual agreement of the parties. The maintenance services fees due for the current month shall be based on the actual per page copies made during the prior month; no averaging or estimating will be done. The per- impression rates are: .0092 for all B&W and .07 for all color. 3. PARTS, SUPPLIES AND LABOR: a. This Agreement covers all parts, labor and consumable supplies (except paper and staples). Consumables include black toner and color toner, developer drums and fuser rollers as well as all other parts stated or not stated. This Agreement also includes any required refurbishing or rebuilding Exhibit A — Page 4 of equipment, regardless of current condition, and/or as provided in Section 16 entitled "Replacement Equipment" below. b. Vendor will stock adequate inventories of parts and supplies to maximize City MFD up-time. Should parts not be available, Vendor will order parts to be delivered via next day air in order to meet the 48 hour repair requirement described in Section 7 entitled "Service Loaners" below. c. Supplies. Toner and all other necessary supplies, excluding paper and staples, are to be provided to the City by Vendor in accordance with Section 2(b) above. On an as needed and/or as requested basis, Vendor will ship a sufficient amount of supplies for each piece of equipment upon execution of the Agreement. Any subsequent orders will be placed by City personnel. The City will be responsible for requisitioning supplies from Vendor for delivery. Vendor shall not cause a "stock-out" situation due to backorder of supplies. There will be no charge for shipping supplies, unless on the date an order is first placed, the City requests an order of supplies be shipped via overnight delivery. 4. EXCLUDED SERVICES: Vendor Meap/EESA Maintenance and Network Maintenance services are not included in this Agreement. These services will be provided at the rate of $150 per hour with a one-hour minimum. 5. RESPONSE TIME: Vendor will provide an estimated time of technician arrival and technician will call prior to arrival. If the MFD cannot be resolved via phone consultation, Vendor will arrive on site within four (4) business hours of the time service call was placed. In the event of a missed four hour window, Vendor will credit the City $25.00 per occurrence. The four hour requirement is not a composite average, but a per call commitment. However, there may be times where mutually agreed extenuating or extreme circumstances prevent the four hour response and the credit requirement will be waived at the City's sole discretion. 6. ONGOING TRAINING: Vendor shall provide initial user training at each equipment location and refresher training as needed and upon request at no additional charge. Trainers shall be courteous, neat, and skilled in the operation of the applicable equipment. Vendor's failure to provide skilled trainers shall constitute a default of this Agreement. Exhibit A - Page 5 7. HARD DRIVE WIPES: Vendor will complete an initial hard drive wipe of all MFDs followed by up to quarterly wipes at no additional charge. The City may elect to install software to provide this function, which is not included in this contract. 8. SERVICE LOANER(s): a. In the event that Vendor is unable to repair the MFD within 24 hours due to parts availability, Vendor will order parts to be delivered via next day delivery. In the event that Vendor is unable to repair any machine within 24 hours after parts have been delivered, or within 48 hours for any other reason, Vendor will either bring in a City-owned spare MFD or provide a service loaner at no additional charge. b. The Vendor shall be responsible for all costs associated with delivery, installation, and removal of equipment loaners. 9. EQUIPMENT TRANSITION PLAN: a. The City and Vendor will meet at the beginning of the Term to review equipment placement and usage and come to a mutual plan to "right size" or move/replace equipment to better meet the needs of the City. Vendor and the City will review equipment and mutually agree on permanent removal and decommission of any equipment deemed unfit for continued service. City and Vendor may agree, at City's sole discretion, that decommissioned equipment will become the property of the Vendor for the purpose of re- using any good parts for City-owned MFD repairs. At termination of this Agreement, Vendor will retain ownership of decommissioned MFD of which the City agreed to transfer ownership. b. If mutually agreed, Vendor may elect to loan to City Vendor-owned equipment of like capability to replace City-owned equipment, if it will be more cost-effective for Vendor to trade out equipment than to repair existing equipment and the trade will provide significantly improved up-time for the City. Vendor-owned equipment will remain the property of Vendor at the end of this agreement. 10. SERVICE DESK INTERFACE: Vendor and City will work together to set criteria for working with the City's service desk for all services including dispatching service calls, reporting to service desk, repair contact, onsite contact, etc. The service desk interface agreement may be changed from time to time as agreed to by both parties, and to the City's satisfaction. Exhibit A — Page 6 11. EQUIPMENT INSTALLATION/REMOVAL/RELOCATION: a. Installation, relocation and removal costs are included in equipment "click/impression" pricing, however, extraordinary installation/removal/delivery requirements and their associated extra costs may be charged to the City as a separate line item on the invoice, when pre- approved by the City. b. When requested by the City, the Vendor agrees to relocate any MFD within the City to its new location at no additional cost to the City and without change to the Agreement's terms. For those equipment moves and relocations conducted by Vendor, the Vendor will remain responsible for damage caused and repairs required following each move and relocation. Movement of equipment must be coordinated with the City's Information Technology staff in charge of the computer network and telephone system to which the equipment may be connected or disconnected. c. Relocation includes moving MFD's between, to or from any City-owned facility or to/from Vendor facility and City. Relocation services also include moving in a City "loaner" machine from a stored location to a City customer location and then moving it back to storage when the MFD is repaired and the recapture of city MFDs at Regional Fire Authority facilities. d. The installation, relocation and/or removal of contract equipment shall be performed by Vendor in a professional manner. During and upon completion of installation, the City's premises shall be left in a clean condition. The Vendor may be required to repair all damage and/or provide full compensation for damage to the City's premises that occurred as a result of equipment delivery, installation, and removal. 12. CUSTOMER SERVICE REPRESENTATIVE (CSR). Vendor shall provide a dedicated person or persons to physically monitor and maintain all equipment at optimum operating condition. The CSR(s) will be courteous, neat, and skilled in the operation of all equipment for which service or maintenance is required. 13. EQUIPMENT PERFORMANCE a. All equipment, including all accessories and software supplied under the Agreement, shall be capable of continuous operation. Vendor guarantees that all equipment will be operational at least 98% of normal business hours. b. Equipment that develops a trend of requiring an excessive number of service calls resulting in equipment downtime shall be reported by the City to Vendor, or by Vendor to the City as the situation warrants. "Equipment Downtime" is defined as: Exhibit A - Page 7 i. A copying system that fails to produce the required number of copies when the start button is depressed, whether by jamming, or any other mechanical, electrical, or software malfunction; ii. a copying system, or printer whose image quality is significantly reduced so as to be considered unprofessional by normal business standards. Examples include but are not limited to toner streaks or roller marks appearing on the paper, faded toner or colors; iii. an auto feed tray that will not accept and feed paper for scanning, faxing or copying; iv. a scanner that does not accept or transmit a scanned file back to MFD designated personal computer and software; V. a facsimile system that cannot transmit or receive facsimiles; vi. a printer that fails to print a standard MFD-provided print file from a stand-alone personal computer; or vii. a multifunctional peripheral (MFP) that cannot perform one or more of its functions according to the definitions above. viii. A machine the jams repeatedly on a job, or over the course of a business week. 14. REPORTING: a. Vendor will provide the meter information monthly on a machine-by-machine basis in a format mutually agreed to between the City and Vendor, that will include meter start and end counts for each product, the rate charged, total impressions and total amount billed per machine. Vendor will provide a written machine performance/service history report within two (2) weeks of receiving a request. b. Vendor shall maintain a service log for each piece of equipment serviced describing maintenance and repair services provided. A no cost copy of service logs/reports must be provided to the City within five (5) working days of request. 15. PERFORMANCE REVIEW: Vendor shall review with the City, on a quarterly basis, all service history information regarding the performance of all equipment maintained under the Agreement. A quarterly service calls report will be provided to the City electronically. Exhibit A — Page 8 16. REPLACEMENT EQUIPMENT If remedial maintenance is required for an item of equipment on more than three occasions for a similar issue during any 30-day period, Vendor will escalate repair procedures up to and including reconditioning or trading out City equipment with the loan of Vendor-owned of equipment as provided in Section 9 above. If, after escalated refurbish or repair, the scenario is repeated on the same machine, upon the City's request, Vendor will replace the equipment, or the inoperative portion thereof, with a substitute of equal or better quality. The option of providing a lifetime service loaner is available if the City does not have an available machine in its existing unused fleet. Exhibit A — Page 9 Exhibit B Preferred Copier Systems, Inc. and City of Kent MFD Maintenance Repair List of City-Owned MFD Fleet Clty of Kent Fleet MFD's 2012 IT Asset Copy Departments Service ID ID# Physical Address Serial# Speed MFD Model Admin City Clerks Office/Formerly Fire Admin N2113 00017 2204th AveS V7600900129 65 MPC6501 Admin Mayor's Office 35667 00037 2204th AveS M5785000780 50 MP50005PF-414379 ECDC Building Services 35685 00006 400 W Gowe St 3rd Floor L3784900342 30 MPC30005PF-413219 ECDC Engineering Development 35678 00007 400 W Gowe St L8976920674 41 MPC35005P-413343 ECDC Permit Center Back Office(Main( 35688 00047 400 W Gowe St 1st Floor M5585001706 40 MP40005P-414376 ECDC Permit Center Reception(front counter) BS689 D0048 400 W Gowe St 1st Floor M0179500517 16 MP161SPF-413567 ECDC Planring Services Copy Room 35686 00008 400 W Gowe St 3rd Floor L8184900098 65 MP65005P-412794 Employee Services-Copy Room 35683 00010 400 W Gowe St 4th Floor M5785001521 50 MP5000SPF-414379 Employee Services-Risk Management 35684 00011 400 W Gowe St 4th floor L3784900375 30 MPC30005PF-413219 Finance Admin(Copy Room) 35682 00013 400 W Gowe St 4th Floor M5565002034 40 1 MP40005PF-414377 Finance Customer Service 35673 00015 400 W Gowe St 1st Floor M0179500515 16 MP161SPF 413567 Finance Customer Service 35730 00014 400 W Gowe St 1st Floor M5785001360 50 MP5000SPF-414379 Finance Payroll/Formerly Admin City Clerk 35672 00070 220 4th Ave 5 M5585002096 40 MP4000SPF-414377 Finance Payroll/Offlme 35681 00016 400 W Gowe St 4th Floor M6385100193 33 MP3350SP-414399 Fire-Logistics 35724 00028 24611116th Ave SE M5585100384 40 M P4000SPF-414377 Fire Emergency Management N2568 00019 24425116th Ave SE V9515102001 45 MPC45015PF Fire Prevention 35680 00020 400 W Gowe St 2nd floor M79SC200166 60 MPC6000-413959 Fire Station#71 35711 00021 504 W Crow St M6585000159 25 MP2550SPF-414398 Fire Station#72 35710 00022 25620140th Ave SE M6585000179 25 MP2550SPF-414398 Fire Station#73 35727 00023 26512 Military Rd S M6585100457 25 MP25505PF-414398 Fire Station#74 35725 00024 24611116th Ave SE M6585100459 25 MP25505PF 414398 Fire Station#75 35709 00025 15635 SE 272nd St M6585100462 25 MP25505PF 414398 Fire Station#76 35729 00026 2067672nd AveS M6585100463 25 MP25505PF-414398 Fire Station#77 35708 00071 20717132nd Ave SE M6585100442 25 MP2550SPF 414398 Fire Station#78 L2270 00029 1782C SE 256th St M6595100600 25 MP25505PF Fire Training 35723 00030 2442S 116th Ave SE L9086121147 45 MPC4500SPF-413346 Fire Vehicle Maintenance 35728 00018 20678 72nd Ave 5 M6385000388 33 MP3350SPF 414400 ITAdmm 35666 00032 2204th Ave S 2nd Floor L9086121056 45 MPC4SOOSPF-413346 IT Systems Annex 35665 00033 302 WGowe St M6385000166 33 MP33SOSP-414399 Law 35670 00035 2204th Ave S 4th Floor L8084900275 50 MP5500SP-412793 Law Color 35673 00036 2204th Ave S 4th Floor L9086120694 45 MPC4500SP-413345 Municipal Courts Copy Room 35674 00004 1220 S Central Ave M5785001360 40 MP4000SPF-414377 Municipal Courts Courtroom l/Formerly IT Annex 35664 00034 302 WGowe St M0179500508 16 MP161SPF-413567 Municipal Courts Courtroom 2/Formerly Permit Ctr 35687 00002 1220 S Central Ave M0179500510 16 MP1615PF-413567 Municipal Courts Courtroom 3/Formerly ECD Self Hel 35690 00003 12205 Central Ave M6584900122 25 MP2550SP-414397 Municipal Courts Courtroom 4/PW Construction 35734 00061 1220 S Central Ave M6585101593 25 MP25505PF-414397 Municipal Courts Front 35722 00005 12205 Central Ave M0179500516 16 MP161SPF Municipal Courts Probation 35675 00060 400 W Gowe St 1st Floor M6385100002 33 MP3350SPF-414400 Parks Admin 35669 00038 2204th AveS L9076920601 45 MPC4500SPF Parks Facilities 35676 1 00012 1400 W Gowe St 1st Floor M6584900858 25 MP2550SPF Parks Housing&Human Services 35668 00040 2204th AveS M5785001301 SO M P5000SPF-414379 Parks Kent Commons-Julie ROffice 35719 00041 525 4th Ave N M0179500513 16 MP161SPF Parks Kent Commons-Main-color 35718 00042 525 4th Ave L8977020779 35 MPC3500SPF Parks Kent Commons-Tama H Office 35720 00043 525 4th Ave N M0179500518 16 MP161SPF Parks Maintenance 35733 00044 58215240th St M6585100460 25 M P25505PF-414398 Parks Resou rce Center @Commons 35717 00045 525 4th Ave IN M5584900627 40 MP4000SPF Parks Rrverbend Golf 35721 00039 2019 W Meeker M6585000160 25 MP2550SPF-414398 Parks Senior Center 35716 00046 600 Esm ith St M6385000357 33 MP33SOSPF Police&Fire Training Shared Machine 35726 00031 24523116th Ave SE M6385100001 33 MP3350SPF-414400 Police Admin 35705 00055 12524th AveS M5584900595 401 MP4000SP-414376 Police CEU 35704 00056 2524th AveS L9086120934 45 MPC45005PF-413346 Police Corrections Admin 35715 00051 1230 S Central Ave M5585100386 40 MP4000SPF Police Corrections Annex 35712 00049 1230 S Central Ave MS584900629 40 MP4000SPF-414377 Police Corrections Booking 35714 00050 1230 5 Central Ave M5584900622 40 MP40005PF 414377 Police Corrections Medical 35713 00052 1230 5 Central Ave M0179500512 16 MP1615PF Police Detectives 35663 00053 400 WGowe St L9076520515 41 MPC45005PF-413346 Police Patrol 35707 00057 2524th AveS M5584900596 40 MP40005P-414376 Police Patrol East Hill Sub Station L4385 00054 24523116th Ave SE V4409306650 17 MP171SPF-R371F Police Patrol West Hill Sub Station-Woodmont Sub L4349 00059 26226 Pacific Highway 5 V4409501003 17MP171SPF-R371F Police Records 35706 00058 252 4th AveS L8185100064 65 MP6500SP-412794 Public Works Engineering Admin 35703 00063 407 WGowe St L.8976920686 35 MPC35005PF-413344 Public Works Engineering Copy Room 35677 00064 400 WGowe St L8275800207 75 MP7500SP-412795 Public Works Engineering Front 35679 00062 400 W Gowe St L9077220213 45 MPC4500SPF-413346 Pubuc Works Operations-2nd Floor 35731 00066 58215240th St M5584900616 40 MP40005P-414376 Public Works Operations Fleet 35662 00065 58215240th St M0179500470 16 MP161SPF-413567 Public Works Operations Front Office 35732 00067 5821 S 240th St L9076620573 45 MPC45005PF-413346 Public Works Operations Water 35702 00069 5821 5 240th St M0188908807 16 MP161SPF Public Works Operations-Tech Sew L5899 00068 5821 S 240th St M6594901083 25 MP2550SPF 414397 Exhibit B - Page 1 Exhibit C Preferred Copier Systems, Inc. and City of Kent MFD Maintenance Repair INSURANCE REQUIREMENTS Insurance Vendor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Vendor, their agents, representatives, employees or subcontractors. Minimum Scope of Insurance Vendor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Vendor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Minimum Amounts of Insurance Vendor shall maintain the following insurance limits: Exhibit C - Page 1 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Vendor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Vendor's insurance and shall not contribute with it. 2. The Vendor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Vendor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Exhibit C — Page 2 E. Verification of Coverage Vendor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Vendor before commencement of the work. F. Subcontractors Vendor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Vendor. Exhibit C - Page 3 OP ID:HMC ,4(`oRc� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 11/27/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER CONTACT Robert C Klontz HBT Insurance PHONE 253-833-5140 IC No 253-939-9356 201 Auburn Way N ac No Ez[ Auburn,WA 98002 aE M Lss Bob hbtmsurance com Robert Klontz PRODUCER CUSTOMER IDitPREFE-3 INSURERS AFFORDING COVERAGE NAIC R INSURED Preferred Copier Systems,Inc. INSURER Ohio Security Ins CO 7691 180th St INSURER B American States Insurance Co 19704 Kent,WA 98032 INSURER C INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL SUER POLICYNUMBER POLICY EFF POLICY EXP LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 A X COMMERCIAL GENERAL LIABILITY X X 13ZS65172439 09/15/2013 09/16/2014 PREMISES acccurence $ 2,000,00 CLAIMS-MADE XOCCUR MED EXP(Anyone person) $ 15,00 PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ 4,000,00 GEML AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG 3 17 POLICY PRO-JECT F-1 LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 B X ANY AUTO 24CC30921210 09/15/2013 09/15/2014 BODILY INJURY BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (PER ACCIDENT) NON-OWNED AUTOS $ $ UMBRELLA LIA13 H OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION 4 $ WORKERS COMPENSATION WC STATU- OTH AND EMPLOYERS LIABILITY 70RY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUnVE YIN BZS66172439 09/1512013 09/16/2014 EL EACH ACCIDENT $ 2,000,00 OFFICEWMEMBER EXCLUDED? ❑ NIA (Mandatory in NH) WA STOP GAP E L DISEASE-EA EMPLOYEE $ 2,000,00 If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 2,000,00 PROPERTY 506,47 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Atfach ACORD 101,Additional Remarks Schedule,If more space is required) City of Kent is named as additional insured per the attached endorsement, BP0448 (01/06) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS 220 4th Ave.S. Kent,WA 98032 AUTHORIZED REPRESENTATIVE �✓ 01988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD POLICY NUMBER BZS55172439 13USINESSOWNERS BP 04 48 01 06 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM SCHEDULE* Name Of Additional Insured Person(s) Or Organization(s): City of Kent 220 4th Ave S Kent, WA 98032 *Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph C Who Is An Insured in Section II - Liability: 3. Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or in connection with your prem- ises owned by or rented to you a s S BP 04 48 01 06 ®ISO Properties, Inc, 2004 Page 1 of 1 BUSINESSOWNERS BP 79 96 06 09 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUBJECT PAGE AGGREGATE LIMITS OF INSURANCE 3 AMENDMENT OF INSURED CONTRACT DEFINITION 4 BAIL BONDS 1 a e BLANKET ADDITIONAL INSURED (OWNERS, CONTRACTORS OR LESSORS) 2 BODILY INJURY 3 BROADENED COVERAGE FOR DAMAGE TO PREMISES RENTED TO YOU 1 DUTIES IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT 3 INCIDENTAL MEDICAL MALPRACTICE 2 LOSS OF EARNINGS 1 MOBILE EQUIPMENT 2 NEWLY FORMED OR ACQUIRED ORGANIZATIONS 2 PERSONAL AND ADVERTISING INJURY 3 M SUPPLEMENTARY PAYMENTS 2 02009 Liberty Mutual Insurance Company All rights reserved. BP 79 96 06 09 Indudes copyrighted material of Insurance Services Office,Inc,with its permission. Page 1 of 4 Section II -Liability is amended as follows. I. SUPPLEMENTARY PAYMENTS Paragraph f(1)(b) of A Coverages is replaced by the following, (b) Up to $3000 for cost of bail bond required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies We do not have to furnish the bonds Paragraph 1.f(1)(d) of A Coverages is replaced by the following; (d) All reasonable expenses incurred by the insured at our request to assist us in the Investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work IL BROADENED COVERAGE FOR DAMAGE TO PREMISES RENTED TO YOU With respect to the coverage provided under this endorsement, Section II-Liability is amended as follows: 1 The final paragraph of B.I. Exclusions - Applicable To Business Liability Coverage is deleted and replaced by the following With respect to the premises which are rented to you or temporarily occupied by you with the permis- sion of the owner, Exclusions c, d., e., g, h., k., I., ni n. and o do not apply to "property damage" 2. Paragraph D 2 Liability And Medical Expenses Limits Of Insurance is deleted and replaced by the following The most we will pay under this endorsement for the sum of all damages because of all "property damage" to premises while rented to you or temporarily occupied by you with the permission of the owner is the Limit of Insurance shown in the Declaration 3. Paragraph D 3 Liability And Medical Expenses Limits Of Insurance is deleted III. INCIDENTAL MEDICAL MALPRACTICE Exclusion 1J.(4) does not apply to Incidental Medical Malpractice Injury coverage. The following is added to F.LIABILITY AND MEDICAL EXPENSES DEFINITIONS: 23. 'Incidental Medical Malpractice Injury" means bodily injury arising out of the rendering of or failure to render, during the policy period, the following services a. medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or bev- erages in connection therewith, or b. the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. This coverage does not apply to 1. expenses incurred by the insured for first- aid to others at the time of an accident and the Duties in the Event of Occurrence, Claim or Suit Condition is amended accordingly, 2. any insured engaged in the business or occupation of providing any of the services described under a and b above; s 3. injury caused by any indemnitee if such indemnitee is engaged in the business or occupation of providing any of the services described under a. and b above IV. MOBILE EQUIPMENT ? 1. Section C.Who is An Insured Is amended to include any person driving "mobile equipment" with your permission. V. BLANKET ADDITIONAL INSURED (OWNERS, CONTRACTORS OR LESSORS) 1. Section C Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy under a written contract or written agreement The written contract or agreement must be a. currently in effect or becoming effective during the term of this policy, and b. executed prior to the "bodily injury", "property damage", "personal and advertising injury". 92009 Liberty Mutual Insurance Company All rights reserved BP 79 96 06 09 Includes copyrighted material of Insurance Services Office,Inc,with its permission. Page 2 of 4 2. The insurance provided the additional insured is limited as follows a. The person or organization is only an additional insured with respect to liability arising out of (1) Real property, as described in a written contract or written agreement, you own, rent, lease, maintain or occupy, (2) Caused in whole or in part by your ongoing operations performed for that Insured b. The limits of Insurance applicable to the additional Insured are those specified in the written contract or written agreement or the limits available under this policy, as stated in the Declara- tions, whichever are less These limits are Inclusive of and not in addition to the limits of Insurance available under this policy c. The Insurance provided the additional Insured does not apply to: (1) Liability arising out of the sole negligence of the additional Insured; (2) "Bodily injury", "property damage", "personal and advertising injury", or defense coverage under the Supplementary Payments section of the policy arising out of an architect's, an- cgineers or surveyor's rendering of or failure to render any professional services Including a re( ) The preparing,g, approving, or falling to prepare or approve maps, shop drawings, opin- ions, reports, surveys, field orders, change orders, or drawings and specifications, and (b) Supervisory, inspection, architectural or engineering activities. (3) Any "occurrence" that takes place after you cease to be a tenant in the premises described in s the Declarations, or (4) Structural alterations, new construction or demolition operations performed by or for the person or organization designated in the Declarations 3. Any coverage provided hereunder shall be excess over any other valid and collectible insurance avail- able to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis VI. NEWLY FORMED OR ACQUIRED ORGANIZATIONS The following is added to C.Who Is An Insured 3. Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity However, a. Coverage under this provision is afforded only until the 180th day after the entity was acquired or incorporated or organized by you or the end of the policy period, whichever is earlier, b. Coverages A. Paragraph 1. Business Liability, does not apply to- (1) "Bodily injury" or "property damage" that occurred before the entity was acquired or incor- porated or organized by you, and (2) "Personal and advertising injury" arising out of an offense committed before the entity was acquired or incorporated or organized by you, and c. Records and descriptions of operations must be maintained by the first Named Insured No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. VII. AGGREGATE LIMITS The following is added to Aggregate Limits Paragraph 4 of D. Liability and Medical Expenses Limits of Insurance The Aggregate Limits apply separately to each of "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner The Aggregate Limits also apply separately to each of your projects away from premises owned by or rented to you For the purpose of this endorsement only, "location" means premises involving the same or connect- ing lots, or premises whose connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad © ffl9 Liberty Mutual Insurance Company All rights reserved BP 79 96 06 09 Includes copyrighted material of Insurance Services Office,Inc,with its permission Page 3 of 4 VIII. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 1. The requirement in E Liability And Medical Expenses General Conditions paragraph 2.a. that you must see to it that we are notified of an "occurrence" or offense which may result in a claim applies only when the "occurrence" is known to any insured listed in Paragraph CA. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim 2. The requirements in E Liability And Medical Expenses General Conditions paragraph 2 b. that you must see to it that we receive notice of a claim or "suit" will not be considered breached unless the breach occurs after such claim or "suit" is known to any insured listed under Paragraph C.1 Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim IX. BODILY INJURY Paragraph 3 of F. Liability And Medical Expenses Definitions is replaced by the following: 3 "Bodily Injury" means a. Bodily injury, sickness, disease, or incidental medical malpractice injury sustained by a person, including death resulting from any of these at any time X. AMENDMENT OF INSURED CONTRACT DEFINITION Paragraph 9 of F. Liability And Medical Expenses Definitions is replaced by the following: 9 "Insured contract" means a. A contract for a lease of premises However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract", b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition oper- ations on or within 50 feet of a railroad, d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality, e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indem- nification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf Tort liability means a liability that would be imposed by law in the absence of any contract or agreement Paragraph f does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construc- tion or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing, a (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications, or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage, or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities XI. PERSONAL AND ADVERTISING INJURY Paragraph 14. b of F. Liability And Medical Expenses Definitions is replaced by the following b. Malicious prosecution or abuse of process 02009 Liberty Mutual Insurance Company All rights reserved. BP 79 96 06 09 Includes copyrighted material of Insurance Services Office,Inc,with its permission Page 4 of 4 INFORMATION TECHNOLOGY DEPARTMENT �� Mike Carrington, Director Information Technology ICENT Phone: 253-856-4607 Fax: 253-856-4700 Address: 220 Fourth Avenue S. Kent, WA, 98032-5895 DATE: November 5, 2013 TO: Operations Committee 0 SUBJECT: Preferred Copier Systems Maintenance Contract for City MFD's- Authorize MOTION: Recommend the Mayor sign a Goods and Services Agreement with Preferred Copier Systems in an amount not to exceed $150,000 over 12 months for maintenance of the city fleet of Ricoh Multifunction Copier/Printer Devices (MFD's) subject to terms and conditions acceptable to the City Attorney and Information Technology Director. SUMMARY: This expenditure provides ongoing maintenance for the City's fleet of Ricoh Multifunction Copier/Printer Devices (MFD's) for twelve months with an option for a six month extension. The city now owns the MFD's, having formerly leased them under a contract with ABS Ricoh. This was a five year lease and included yearly maintenance. With completion of the terms of the lease agreement, the maintenance contract is now expired and we are on a month to month contract. In addition, the RFA is transitioning to its own fleet of MFD's, freeing 14 machines that we can leverage back into our fleet for greater flexibility. An RFP for service was issued. Three vendors responded. Responding vendors were interviewed by an IT panel. A costs and services analysis, along with references, led to the selection of Preferred Copier Systems. They are a local, highly motivated company who will be a partner in servicing these machines, maximizing the City's investment. We anticipate improved service, improved machine up time, and better reporting and billing service. Over the next year we will continue assessing the MFD's and potentially go out for an RFP for a replacement fleet for 2014-15. The six month extension will allow for a transition period, if needed. EXHIBITS: a) Preferred Copier Systems Draft Goods & Services Agreement with Exhibit A Draft Contract Service Details, Exhibit B, List of current MFD's included under the contract, and Exhibit C, Insurance Requirements; and b) RFP Results Matrix. Budget Impact: IT Operations Budget allocations approved as a part of the 2013-2014 biennial budget process are earmarked for this expenditure. KENT NR 9 H I NG TON Agenda Item: Consent Calendar - 7 TO: C@ityrCouncil I DATE: November 19, 2013 SUBJECT: Ricoh Multifunction Copier/Printer (MFD) Maintenance Agreement MOTION: Recommend the Mayor sign a Goods and Services Agreement with Preferred Copier Systems in an amount not to exceed $150,000 over 12 months for maintenance of the city fleet of Ricoh Multifunction Copier/Printer Devices (MFD's) subject to terms and conditions acceptable to the City Attorney and Information Technology Director. SUMMARY: This expenditure provides ongoing maintenance for the City's fleet of Ricoh Multifunction Copier/Printer Devices (MFD's) for twelve months with an option for a six month extension. Details are included in the exhibit packet provided to Operations on 11-5-2013 EXHIBITS: Nov. 5, 2013 Operations Committee Agenda memo and attachments, including the following: a) Preferred Copier Systems Draft Goods & Services Agreement with Exhibit A Draft Contract Service Details, Exhibit B, List of current MFD's included under the contract, and Exhibit C, Insurance Requirements; and b) RFP Results Matrix. RECOMMENDED BY: Nov. 5, 2013 Operations Committee YEA: Les Thomas, Dennis Higgins, Jamie Perry NAY: 0 BUDGET IMPACTS: IT Operations Budget allocations approved as a part of the 2013-2014 biennial budget process are earmarked for this expenditure. I /� REQUEST FOR MAYOR'S SIGNATURE `� KENT Please Fill in All Applicable Boxes Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Dea Drake Phone (Originator): 253-856-4646 Date Sent: 11/21/2013 Date Required: 11-27-2013 Return Signed Document to: Qi3e document CONTRACT TERMINATION DATE: CI r ne Document to IT for 12-13-2014 VENDOR NAME: Preferred Copier Systems DATE OF COUNCIL APPROVAL: 11-19-2013 Brief Explanation of Document: This is the 12 month contract agreement between the City of Kent and Preferred Copier Systems, (a local Kent Company), to provide maintenance services for the fleet of City Ricoh copiers (also known as Multifunction Devices or MFD's). All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.: �� /I ci EIVED Law Dept. Comments: A iIEC 3 Date Forwarded to Mayor: C{tY Of Kent OTce Of Shaded Areas To Be Completed By Administration Staff Received: RECEIVE Recommendations and Comments: DEC a Disposition: I�/ram Ci1YOFKENT CITY CLERK Date Returned: