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Home My WebLink AboutC-7897-1 - AIMS Maintenance ContractAIMS: MAINTENANCE CONTRACT , � BUSINESS SOLUTIONS MA -4,0.0 SALES PAC NUMBER EFFECTIVE DATE Sales Representative Gavin Brawn 1 1 4/1/2020 Customer agrees to purchase and Toshiba Business Solutions agrees to provide parts. labor, ink loner and toner collection containers (the 'Maintenance Services ) for the equipment listed below, in accordance with the terms and conditions of this contract The Maintenance Services exclude paper staples and all other parts and services listed under the Exclusion section on page two of the contract. A Connectivity S Security Options Agreement must be attached and executed for Network Integration Support. Customer Name. City of Newport Beach Address PO Box 1768 ATTN: Accounts Payable Phone u 949-644-3000 cxt. Fax 4 Address is Contact. Ivan Juarez Customer PO S City: Newport Beach State: CA zip: 92658 email: ijuarez@newportbeachca.gov INVOICE• • •- • Meter Collection: EBridge I Electronic Invoicing- Invoice Location: Customer Address I Term: 36 Months SEE ATTACHED MAINTENANCE CONTRACT SCHEDULE FOR DEVICE DETAILS TRANSACTION TERMS (Consolidated Minimums Pool Description Type Per Pool) Includes Units Minimum Payment Payment Frequency Excess Per unit Charge Excess Billing Frequency Toshiba E -Studio 5506ACT C14137 Black NA 7 NA Monthly $0.0069 Monthly Toshiba E -Studio 6506ACT C14261 Color NA Monthly $0.0483 Monthly Toshiba E -Studio 6506ACT C14136 Toshiba E -Studio 6506ACT C14425 Toshiba E-Stud(o 6506ACT C14404 Toshiba E -Studio 6506ACT C14403 Toshiba E -Studio 6506ACT C14262 **Pricin,q Locked For 36 Months COPENSATIO SHALL NOT EXCEED $120,000.00 Total Minimum Payment $ '..__J Customer is declining maintenance on the equipment listed on the attached agreement. Printed Name: Title: Date: Signature THE TERMS AND CONDITIONS HEREOF ARE PART OF THIS SERVICE AGREEMENT. BY SIGNING THIS CONTRACT, THE CUSTOMER ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTAND THESE TERMS. Customer agrees to pay the Minimum Payment per transaction terms, plus any Excess Ilei Unit Charges for the term of this Contract When this Contract is signers by Customer and TBS. it shall constitute a binding contract and is non -cancelable. This Contract will begin on the date signed by TBS below. You hereby acknowledge and agree that your electronic signature below shall constitute an enforceable and original signature for all purposes. Privacy Notice: By your signature below. you hereby consent to allow TABS to remotely retrieve usage information for billing purposes The information retrieved may be shared with third parties for processing purposes and shall be limited to the number of copies and scans made by model and serial number and the location of the device. Customer: City of Newport Beach Printed Narne i; r • Signature x ///�� {{Toshiba Business Solutions Printed Nan•n /^j1�� Signature, ��•"' � i Title: .�''; Uate (Title APi:IROVED As TO FORM! CITYAgORNEY-S OFFICE Aaron C. Harp, City Attorney Date wk-ClUb-Le) AIMS MAINTENANCE 1119 • • • •. • 1. ACCEPTANCE. Thla Contract shall hot be ededlve unless signed by the author -zed TBS representative (Effect to Dalet within 3n days from the Customers vgmng of thus Co:nract. 2. Term. firs Contract will remain in force her 24 morns from the Effective Date !Renewal Date' will will then be automatically renewed fa• annual Denoc(s) Unless either party provides nature of wmuna±mr not less than thirty (30) days the Renewal Date. Far each pied,• of equipment under tuts Contract there mlt be a Start Date & Star( Metal. Setae for each piece of cgmpmert ,,it be praat!ed tram the Start Dale i Start Liete, tint I Ilius Cdr7ac! is temvnated or the equipment is withdrawn from the service. Cus over may mlhdiaw, indiudual equipment by p1midum thil*,y (30) day vanven police plot tome Renewal Ure. Cusiemer is icspoesble for all reinaimalu fainurum Payments if Customer is a default or if equipment is:vilhdrawn prior :o Reu,dwal Date. 3. SERVICE AVAILABILITY. `BS w if umvde serice limo i BS's normal sery-ce hoes w•nile me equipment is loc"!ea m:ltm I Bs s designated se,vrc area. Sart- arts -de TBS I des'.nnmed area 1 wvalatv, and acn.pted w, F nos -an,t r. to a Thin Charge. r+h,ch shall to based of reascmable uavei expense to I US s personnel. It is the respon,b illy of tic Customer !u notify TBS prior to allocating equipment. Tile sernce to Jeep me equipment m x eskee the eau pntent!o good tion. hl order includes Emergency Sery:re Calls and Periodic kiamtenanee zF1.1 :), Ful "s may o, p. d mr,"d 9,a .q 1.p co"s-if_ of all '-e•gency Ser; ce C -:I and are eased upon the specific needs of the individual equipment as determined by TBS. Maintenance will include lubiicaUa'i, aujushnents and replacement of maintenance parte deemed necessary by TBS rlamten;mce parts will normally be ihe, newor egurvalent to lie -win performance when mstaped in the equipment. Maintenance Darts wN be furmsnea on interchange basis and the replaced Dans become ire property of TBS. Ear¢c mowded un Jet this Contact does not wssuie the uninterrupted operation of the equipment If the Customer requests Ser9ce to be performed a! a time outside I US s no n al semce hours. there 1N1 be no addivanal charge for maintenance pans. however the. ser.ce If available ,,-It be funrsf:ed at IBS -s applicable howdy rates and tevils then in effect. Nothing herbal snap be construed to require TBS ho provide service outside its normal service mows and TBS hereby reserves the right to accept or reject such requests. In (he event there is it substantial increase in the cost of fuel. Customer agrees to pay a fret Surcharge. 'Substantial" shall be defined as a 10% or mere change over a six month period ph the average rational fuel cast as •cpolao by the United States Energy Informaton Administration, The burtLhmarr will no the national average fuel cost as reported by the United Stalas Energy Infunnabon Admmislrauon on lire [Heclive Date of this Agreemer!. 4. NETWORK INTEGRATION SUPPORT. Support of print controllers and punt'scan enaUlers [hat permit the integration of the, device onto a Customer s network is covered under lite terms of a properly execided Conneebvity S Secu+dy Options Agreement. The Connectivity L Security Options Agreements an antendmenl to this contract and must be attached andror or fie for this optional seance support S. INVOICING • LATE CHARGES. The first Llminturn Payment is aue upon receipt of an invoice Thereafter. Minimum Payments w,11 he due on the same dale earn month during me Term of ITS Contra:! h-Jujhcr or mat Customer re—ivcs an invoice. Customer s obligation to pay the Ltinumum Payment rs unconditional and is not suo;ect to any radureon, set-off. defense. or cannterclan l for auy reason v;hatsoever. Excess Clici.. Charge if appl;cahlr.. will he hm:oced based on the Inpmg period selected on the face of this contract It any part of a payment is not made by the Cos(omer when due. Customer agrees to pay TBS a Late Charge of the higher a! 525 or tem percent (2% 1 of par, sunt tale paynment but hat mote man permitted by law. Cusmmer agrees to pay TBS [tic Late Charge not later than one (I) month following the date of tine or Minimum Payment. 6. USAGE. In return for the Lhnimum Payment, Customer is ended to use the tfinnnum Number of Uedsi each billing period. If Customer uses [)tare than the h6mnn:m Number of Units it any b'ping period. CUSleillel :141 pay an addmmoal amount equal to the number of metered Units exceeding the agreed Minimum Included Units times the Excess Charge as shown on the face of this Contract. Customer artmow!edges bmal in no even! shall the (customer N entified to any refund or rebate of the Minimum Payment d metaled unds result in less than the Minimum Number of Units til any cling period. Your Toshiba system will come with hvo-way communication enabled. TBS:mil prawde updates. system bell; ups and meter ooll"bon outomaucally. Please advise if you do not esh to have this feature enabled. TBS may eshi-eata the number of units used if requested Linter Readings are nor rece.i ed before a new: billing period begins. TBS will adjust the estimated charge for Fxcess Units upon receipt of actual Meter Fbaadings. Notvdthsta^ding any adjusmtent. the Customer will novel pay less tan the Minimum Paymont. Customer vill provide meter loadings via an aulomalad v+ebsite. TBS may charge a fee to reco:'er me cast of lirter :.opecbons if [):eters art net Snub tied througn file awomaed :website" TBS reserves the right to convert Customer to a gal feebased upon the greater of a specific and 5 historical average vohune or lute device type s midpoint manufacturer recommended volume. if m_aers are riot made avalable for the de:ice(s) after 3 consecutive hllin9 periods. Upon the first amnversay of the Effecbve Dale and each subsequent anniversary date vnereafter, TBS reserves the right to apply annual increases flat to exceed fifteen (i 5:c) porcenl of the products and services combined. 7, CONSUMABLE SUPPLIES. TBS agrees to furnish consumable supplies (int.. toner and toner collection containers) for the Tenn of the Conract. except as excluded It secuon 12 below. Customer is responsible for ordering supplies to assure ample little for Delivery. TBS may charge you a supply freight fee to cover nur cost of shipping supplies a you. TBS will determine the number of supplies to be shippea has" on the tvtinimunt Number of Units and Excess Units metered. If TBS determines that the Customer has used more than fifteen percent (15%j supplies than normal for die number of metered units, based on yields published by line nianufaeiurer. Customer aureus to pay TBS's uustumary charges for all excess supplies. Current pricing per omits based on TBS preferred vendor toner. Unless of tenwise noted, OEIA toner will be used. Ali supplies delivered as pal of this Contract remain the properly of TBS until and unless (hey are consumed by die equipmenl in the performance of Ibis Contract Any supplies riot consumed as specified aid not surrendered to TBS upon expiration or (pollination of tors Contract will be invoiced to the Customer at TBS's [her, current prices. Customer agrees to provide insurance coverage for supplies in case of toss under only circumstances. Nolvothsianding the foregoing the list. of loss of lite consumable supplies shop ere Dansfi ned from TBS to Customer if such consumable supplies are stared at Cusmmers faality. S. TAXES. In addition to the charges due under this Contract the Customer agrees to pay amounts equal to any taxes resulting from this Contractor any activities hereunder. exclusive of taxes based upon net I con',e 9. INSTALLATION AND ACCESS TO EQUIPMENT. Customer agrees to provide adequate space. enwronmenl and appropriate elecmcat reguirements'incfuaing. if required, a dedicated 120 volt or 220 volt electrical line, as published nt vie Operator and Service hlanuals far pre operation antl maintenance cf [he equipnem. Ir TBS has installed a power filteosurge protector on tire equipment. d must at all tunes remain continuously Installed. It its removed Customer agrees to purchase a replacement `mm TBS immediately. TBS shah have fug and free access !o the equipmenl to provitle service thbmon. If persons other than TOS representatives in;lapconversions, feature addbons accessories or pedprm service on equipment anD as a result lusher repair by TBS a required. such repairs shall he made a1 TBS's applcab!e Lee ani f.faccal rates and terms then in effect, ll such additional repair is required TBS may immediately withdraw the equipment from this Contract. 10. KEY OPERATOR - END-USER TRAINING. Customer agrees to designate a Key Operator for Dilation on due use, applications and features M the equCon:em Tile Key Operator will be responsible for nmnml Key Operator acliy;bes as painted tit the Operators Manual and for trammg additional end-users. If the Key Operator assignment changes Customer agrees to designate a new Key Operator :muneduately. TBS agrees to pmaide train ng ter the designated Key Opera:ar and to provide initial taming to- end-users on the use. applications and features of dee equipment. Additional training requested by Customer after thaty (30) days front Installaton :will ao at TBS normal hourly rates. 11. MOVES)ADDSICHANGES. In order to guarantee o -time toner arrival and quell' q, service response time, TBS must be notified in advance of any changes til the fleet. Pam approval from I BS is required b:lcre adding rte;: devices to the Ileet for support. Client agrees to be responsible for• all costs associated :vim relocation, If the Equipment is moved !o a new location. TOS shall have Ine right to charge ane,'ate for the new baton and Glen: agnl -s to pay the a fereacit "wean the old rale and the new late. 12. EXCLUSIONS, Service under this Conbac! does not include. (a) Furnishing paperstaples. replacement punt heads, batteries fibrous meanperiodic maimenanna on thermal prmers or any of the follow:nn (b) Seance of equipment donated outside of TBS "s designated serice area. (c) Repair of damage or increase in service lime caused by accident misuse. negligence, abuse Dr disaster. pd) Service of accessories. ;ua:nments or dirt, cortrol deuces other than those of the same manufacturer as the equipment ie) Painting or refinishing of the equipment (Q?.laking specihcabon changes. (g) ove1113LIL vhon TBS determines in Overhaul is necessary because normal repar and parts replacement cannot keep the equipment in satisfactory operabng condition IM will submit a cost esbmale to Customer and TBS amp not commence watt; until Crstomer has approved fast (h)'oforming key operator functions as describe] in the operator manual. (q Holing equpment repair of damage or increase at service lime caused by the use of the equipmenl to, other than Ilse ordinary use for swhch designed, g) Repair of damage caused by dcc(dcal surges or bghtnmg Strikes. if equpment is connected to a TBS supplied power fillcrrsogo protector repairs will be included. (IS; Repair of danmage or increase in mvice time caus•_d by Ia.Iure !o continually provide a sunkle mstaaabon emnromnent as donned by the manufacturer.. with all the faatities prescnhed by TBS including. but not boded to, adequate space electrical powerair colda ening or humidity control, (I) Repair of equipment that has been designated as obsolete try Ile manufaciumr and ae nine OEN pans are no longer available. (in! Repan OF damage or increase of service time caused fy Customer's use of media outside the specifications as described in tire operator manual. 13. CUSTOMER OWNED EOUIPMENT. (at TBS reserves the right to inspect the mechanical condroon or all Customer Owned Equipment to be covered wider this Agreemenl Customer :v0 be solified of Equipment found to require immediate repairs. Customer, at its option not, elect to have said Equipment repaired at the then cunom hiludy service labor rate plus pans or elect :o have the twit excluded from this Agicenteal. I') to quality for coveraur under ms Agreement each piece of Customer Ownad Equipment must have an nnihal cunsunianb supply level of at bast 25% (twenty five percent; at ds rapachy. For a•,y Egwpnent!albng under that level. Customer will be responniMp for replacinq andbr purchasing the initial consumables regmmd to restate the de:xe to the 2.5% level. (c) Seiv:re of printers under this agreement will possihly Inchon replai;entenl Dans iiiat may nave been used and'or recond!uoned. Pals trial have Deea replaced wall remain the property of TBS. If Customer Owned Equipment becomes obsolete, of unserviceable. client IS responsible for replacing the device, and TOS will remove abiniete deuce Duh: current agreement. '4. INDEMNITY AND DISCLNLIER. 'BS shall not be responsible for any .njanes damages penaliie:: claims at losses Including legal expenses unlined Dy Cusmmer o' any other person caused by hie• nisLdlaton. seleclian, dwnarsh:; possessionmaintenance condition o use of ate EqurymenL Customer agrees to reimburse TBS for ani to defend iBS aginsl any claims far such losses, damages penalties da ,is h,i n I5 it expenses 'itis n tfenmuy shag cont• -nuc ellen after this Contract has expired. IN NO EVENT VAL-TBS BE LIABLE FOR LOST PROFITS, CONSEQUENTIAL EY,PEC i ANCY OR INDIRECT DAIAAGES EVEN IF T3S HAS BEEN ADVISED 0;: THE PGSSIBILI I CF SUCH DAM1, ;;:S. FXECPT AS OTHERt'ISE SET FORTH HEREIN. TBS DOES NOT L14KF ANY EXPRESS OR IMPLIED ':VARRANHES. INCLUDING BUT NOT LEMITED TO. 1�- RAP!IED li'ARRANTIES OF LffIRC,'-1A41"Ai3!L!T:'. P!T?F_jS =0R :• PARTICULAR PURPOSE. REPRESENTATION OR iARRANTY ARISIF.0 OUT OF USACE AND TRACE. CC'URSE OR DE:ILINC OR COURSE OR ?ERFORLIANCr. EXCEPT ,?S PR!" yIDFO rIERFIP: liF PAf?TS Ah;L' SERVICES r RF PROJIDED 'AS IS, GENEERAL. Seolect b Ilio terms of the fullo.-ring paratiilia. 1 B,1 hilly uludly tire teens and conditions of this r:onD a-.1 elfet.uve or, I u, ., r_.; i -)are ny nmvdmn the t;UiVoe' th ors mitten netce. Any Scot nIDahcalron viill apply unless the Customer wllhdraws the ?airs,,; afle,led by such mod-ficacon fro,n !his Coi :act :'lie r„e 16._ cowl" c.,., ,ally be r ,d"crit „y a - o,L. a.gn.em-n .idly -.giec bi !m ons illto rc d IQ S - contrails on br--hall at the Cuslanei and of TBS. vaianre front (he Imms ana riina lois of this Coitract m any Customer order it stbnr miler nladifitalinn will he ?I'm nfl^cr Ire Customer reposenls Thai the Customer Ilse owner of the equipment under this Contract or d not tic >.vne: is file les•.ee -; Care, a' ire cqu pmert i a:rot , h .. .It x. et:r m t: ; puna i:.. ,np.er:,m for :lie ,.q,.„ps of , Ili ,. T csh:ba authonzed dealer or Customer will waive cellar nghls under osuiba's manufacturers wanimy. ' ,its Connect is riot assulpfallo ts light dries ane ebfgahcns may Ito' DC assigned Or transferred by lite �.tnlor•ner +rhea Ine pit) ,ti niten co ria to; :61'. Ashy idcmmp' t0 afI (l. n•'r.iriglC, a- \ of 'i:: r)•'-... h ,uel, Jr oh nenbo '> L' n :mmDaa rrduul such ccinelht is void TRS s ..et=co provided cuts at, Il! ;cope of Iris a ntruIt ,: ,..It he ryumishr::1 A TB`; I, i! j ii a Ac :,re and, . lvU, at,s ;rd lr n ; U., :.t n 0e,:! THS is rpt fKoun(L:e for fit 1n'b to rather SNwce due it, causes beyond is cored:. 'too 1ereby consent:o receive ele-clmmc marl,eml_tr or ouacabmi on Toshiba prooucis and e,ice; This Centracl'wnll be go'ncroad by the law.o: Ilie.late.. .•:herr lil. t r;!unv r c,ccu4_d m- :,anract If eine fa r;'at,a o,rl,ly lip, albbull's ."Id sonAlar, o'' flsi,00l, nor. :he'on 1.la: ung„ ., i,..' Iynir 0s,t, ..,, I, LI) rig vi q x> n) con rued mail to lie address ort the lace of This ;ontr:.+.l rte 'ria: h . u iii ly sl a! hate It illy (701 days bi cure any weiuIl- l nus lei I , .. i nor Ie, It +: r,ut urr. 1 q w 1, iek s tL' legal dill nii, ..._arIli . _ .r !.: ; `am•. ,vis 1”, , l ,f D,S Corvacl lady l:c arougr t by rdher part) huff" var. one (via. ,'ter n .: nand of a:boo nal arise•i. Cv :,I it._ case 0f r pa, r.'?rtt lie t. ,ion. 1,:,'. w ..h. , f , r. one fare 0 :1,,r ,-n h: oawre h - AIMS NIAINTENANCE 11'19