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Home My WebLink AboutAGMT - C3 Technology Services (Copy/Printer Maintenance Agreement)It �&Technology Services client centric consulting - managed service provider CUSTOMER CARE MAINTENANCE AGREEMENT Martino nM.- 19mugn19 REV08272018 1536 E Warner Ave, Santa Ana CA 92705 1 (714) 689-1700 CUSTOMER• INFORMATION CUSTOMER NAME: ADDRESS: CITY/'STATE/zip City of Seal Beach 211 8th Street Seal Beach, CA 90740 BILLING CONTACT/EMAIL: PHONE: FAX: Accounts Payable 562.431.2527 EQUIPMENT LOCATION INFORMATIONCUSTOMER INSTALL KEY CONTACT PHONE EMAIL City Hall: 211 8th St Police Department :911 Seal Beach Blvd Mary Tran Dan Fortney 562.431.2527 x 1312 _ 562.799.4100 x 1105 CITY: STATE: ZIP CODE: IT CONTACT PHONE EMAIL Seal Beach CA 90740 Cort Mathias 949.241.8600 cmathias@synotek.com STAIRS (HOW MANY STEPS) ELECTRICAL (DATE WILL BE READY) FM AUDIT /METER CONTACT PHONE EMAIL Elevator Ready Now Mary Tran Dan Fortne 1 562.431.2527 x 11100 562.799.4100 x 5 MODEL SERIAL NUMBER ID TAG NUMBER EQUIPMENT COVERED START METER B/W START METER C DEPARTMENT DEPARTMENT CONTACT Black Allowance Black Meter Rate Color Allowance Color Meter Rate CANON IRADV8585 15,200 0.0066 n/a City Hall Copy Room Mary Tran CANON IRADV6565 12,000 0.0074 n/a Police Dept Records Dept Dan Fortney CANON IRADV5540 15550 Shared 0.0074 12,800 0.0575 Police Dept Records Dept Dan Fortney 3X CANON IRADVC 5550 Shared 0.0074 Shared 0.0575 lall, Finance, Engineering. Building S Mary Tran 2 x CANON IRADVC3525 5000 Shared 0.009 425 0.0658 Police Dept Detectives & Public Wks Dan Fortney CANON IRADVC356 5,400 0.0182 1,075 0.0952 Police Dept Jail Dan Foriney 2 x CANON IRADVC256 Shared 0.0182 Shared 0.0952 Police Dept Payroll & Crime Analyst Dan Fortney 2 x CANON imageCLASS 735CDW 1100 Shared 0.035 1400 0.15 ity Hall - Lifeguard Hdqtrs & City Clei Mary Tran AGREEMENT ENTITLEMENT START DATE, LABOR PARTS PM KITS BLACKTONER INITIAL COLOR TONER NETWORKING INSTALL TRAINING STAPLES 'PAPER $ $ STANDARD FREIGHT CHARGE FOR SUPPLIES DELIVERY WILL $ APPLY $ $ $ incl. Incl. incl. incl. incl. incl. incl. CHARGABLE CHARGABLE TBD DETAIL •AUTHORIZATIONS TOTAL BASE CHARGE COMMENTS., MFP Base Included in Lease - MPS Base = $744.65 We will contact you at time of renewal. BASE CHARGE CYCLE METER CYCLE C3 SERVICE CONTRACT NUMBER: MONTHLY MONTHLY 010285-01 B/W Cost Per Copy Volume B/W OVERAGE BASE' MIN B/W PMT PURCHASE ORDER NUMBER: Per Model See Above Color Cost Per cop Volume Color OVERAGE BASE MIN B/W PMTInitial Here I have read and understand our obligations under the terms and conditions stated herein, and on the reverse side thereof, as the only agreement pertaining to the equipment hereunder. No other agreements apply unless expressly noted on the face of this agreement or in the contracts specified above. I understand all meter counts are based on 8.5x11 (minimum) single sided images. Per Model See Above MANAGED • B/W PRINT'RATE VOLUME B/W OVERAGE 0.1111 6,500 0.111 Initial Here C3 uses FM Audit to manage the toner levels and meter counts for contract Invoices. Failure to use FM Audit will result In a $18 per month. per machine Administration Fee. If FM Audit falls off the network, It Is the customer's responsibility to supply meter reads and toner fulfillment. Customer can also Input meter reads or place service calls on E -Info. VOLUME Color OVERAGE PRINTED CUSTOMER NAME: C 5R SIGN �. AA is ILf- TERMS (Months) ISALES REP PRINTED NAME: S LES' REP IGNATURE: DATE: 60 Anita Martinez REV08272018 1536 E Warner Ave, Santa Ana CA 92705 1 (714) 689-1700 (7) 0 1. GENERAL SCOPE OF COVERAGE This Agreement covers both the labor and the material for adjustments, repair and replacements of parts rMalntenance) as required by normal use of the equipment Identified on the front page of this Agreement ("Equipment"j. Maintenance does not cover charges for Installation, relocating or de -installation of the Equipment. Service necessary to repair damage to the Equipment caused by misuse, abuse, negligence, attachment of unauthorized components, accessories or parts, use of substandard facsimile (thermal) paper or substandard supplies, other causes beyond the control of C3 Technology Services or such causes which would void the Equipments' warranty are not covered by this Agreement. Any such repairs Identified In the preceding sentence shall be separately billed to customer and may lead to the termination of this Agreement. In addition, C3 Technology Services may terminate this Agreement If the equipment is modified, damaged, altered or serviced by personnel other than the C3 Technology Services Authorized Personnel, or if parts, accessories or components not meeting machine specifications are titled to the Equipment. Maintenance shall not cover charges for repairs needed as a result of Customer or third party modifications to software or hardware. 2. MAINTENANCE VISITS Maintenance visits will be made during standard weekday business hours (M -F 8a -5p) at the address shown on the first page of this Agreement. Maintenance visits requested for holidays, weekends or after standard business hours may result in additional charges for travel and labor pursuant to C3 Technology Services standard overtime rates in effect at the time Maintenance visit. Maintenance performed during a Maintenance visit Includes lubrication and cleaning of the Equipment and the adjustment, repair orreplacement of parts described below. 3. REPAIR AND REPLACEMENT OF PARTS, All parts necessary for proper operation of the Equipment requiring replacement due to normal wear and tear, subject to the general scope of coverage, will be furnished free of charge during a service call. 4. MAJOR REPAIRS AND UPGRADES Major repairs resulting from misuses of the product. overall failure of the Equipment resulting from the normal end of life cycle of the Equipment and other repairs requiring more than customary repair and part replacements shall not be considered covered Maintenance. C3 Technology Services reserves the right to cancel the maintenance agreement, should customer misuse or abuse the intended features of the device. S. USE OF C3 Technology Services SUPPLIES Customer is not obligated to use C3 Technology Services approved supplies under this Agreement. If, however, the Customer uses other than C3 Technology Services approved supplies (other than paper) and such supplies result In damage to the device, C3 Technology Services may, at Its discretion, assess a surcharge or terminate this Agreement. If C3 Technology Services terminates this Agreement, C3 Technology Services may make service available on a "Per Calf' basis based upon C3 Technology Services standard rates In effect at the time of service. 6. SUPPLIES Supplies selected, if any, on the front of this Agreement ('Supplies'), shall be included under this Agreement. C3 Technology Services will provide such selected Supplies to the Customer based upon industry standard coverage of 57. for mono and 20% for color. Supplies provided are for use with the Equipment covered by this Agreement only and are not for resale or for use with other equipment. If the Customer's usage of the Supplies exceeds the industry standard coverage of 5% mono and 20% color for the Equipment being serviced, C3 Technology Services will invoice and the Customer agrees to pay, for the excess supplies at C3 Technology Services current retail prices then in effect 1 revisit service pricing terms with client. C3 Technology Services reserves the right to charge for supplies and freight. Industry standard coverage is defined as the published industry standard yield for the product model covered under this Agreement. 7. ELECTRICAL REQUIRMENTS In order to Insure optimum performance of the Equipment, Customer must comply with all vendor required electrical specification, Including but not limited to use of designated circuit and outlets and required voltage requirements. These power standards are required by UL and/or local safety regulations. C3 Technology Services can cancel the agreement should customer not comply with C3 Technology Services recommended electrical requirements 8. CHARGES The initial charge for Maintenance under this Agreement Is non-refundable and shall be the amount set forth on the fust page of this Agreement. The annual maintenance fee with respect to any renewal term, will be charged at the time of term renewal. Customer shall be charged according to NET 30 payment terms from Invoice date. Customershall pay all charges within ten (10) days of the Invoice due date. Excess late charges over 60 days, will result in late charges equal to 5% of invoice. You agree that after the first 12 months of the term (or any extension or renewal) of this Agreement, and at the end of each following 12 month period thereafter, the base charges and cost per copy charges will be Increased by 20% year 2, 157. yew 3, 107. year 4, 5% year S. If stated equipment is moved beyond any C3 Technology Services service territory, C3 Technology Services reserves the right to cancel this Agreement upon written notice to the Customer. or C3 Technology Services may charge (and Customer hereby agrees to pay) a fair and reasonable upcharge for continued service. 9. NETWORK / IT SCOPE OF COVERAGE Installation Deadline: Installation must be scheduled for no less than thirty (30) days after delivery. Failure to do so will result In charges at our current standard published rate. Vait Restrictions: All work must be completed on the installation date. If the C3 Analyst cannot Install, program or configure any of the selected features due to, but not limited to, access rights, Incorrect configurations, incorrectly specified settings, computer problems, on the date of Installation additional charges may be assessed. Network/Infrastructure Changes: Any changes made to the customers' network that interferes with the compatibility or functionality of the C3 installed equipment will result in charges at the standard hourty rate. These changes Include but are not limited to; IF address, ISP providers, server changes, software changes, workstation configuration, moves or replacement, software updates, etc. Incompatible systems: C3 technicians reserve the right to deny analyst services to customer workstations for any reasons, but are not limited to the following reasons; blue screen errors, old workstations, insufficient RAM or HD space, Operating Systems (OSs) not supported by manufacturers drivers or software, etc. Installation Warranfr. Analyst Services are warranted for 15 days from date of installation assuming that the network or infrastructure has not changed (See Network/Insfrostructure Changes). Issues arising after 15 days will Incur additional charges. By signing this form, I acknowledge that I have read understand and agree to the terms of service, scope of work and conditions outlined in this agreement. 10. METER READING Customer is obligated to allow automated electronic meter collection software. If the Customer falls or refuses to allow automated meter collection. C3 Technology Services may estimate the meter based upon previous billing and service meter readings and charge an $18 administration fee. The estimated meterwill then be applied in the same manner as If the meter had been supplied by the Customer and the Customer agrees to pay any overage charges that may result from the estimated meterreading. 11. TERM This Agreement shall become effective upon C3 Technology Services receipt from Customer of the initial non-refundable maintenance charge if applicable, as set forth on the first page of this Agreement, or forsuch Customers that are to be billed in arrears, upon the date Indicated in the "Start Date' portion of the first page of this Agreement. The term of this Agreement shall be as specified on the first page of this Agreement. 12. EVENT OF DEFAULT AND TERMINATION The Customers failure to pay any amount due under this Agreement, or breach of any other obligation herein shall constitute an Event of Default. Upon an Event of Default, C3 Technology Services may in Its discretion take arty one or more of the following actions: (I) cease performing all Maintenance or any other service under this Agreement; (ii) furnish Maintenance or service upon a prepaid, "Per calf' basis: and/or (iii) terminate this Agreement. Customer shall be obligated to pay arty amounts due and owing to C3 Technology Services within (10) days of the expiration or termination of this Agreement. Customer, upon payment of all such amounts due, shall thereafter have no further liability or obligation to C3 Technology Services whatsoever for any further fees or expenses arising hereunder. In the event C3 Technology Services terminates this Agreement because of the breach of Customer, C3 Technology Services shall be entitled to payment for work in progress plus reimbursement for out-of-pocket expenses. 13. INDEMNITY Customer shall indemnify, save and hold C3 Technology Services, its affiliates, officers, directors, shareholders, employees, agents and representatives and Its and their successors and assigns ("C3 Technology Services Parties') harmless from and against any liability, loss cosi, expense or damage whatsoever caused by reason of any breach of this Agreement by Customer or by reason of any Injury, whether to body, property or business or to any other person by reason of any act, neglect, omission or default by Customer. Customer shall defend, a1 its sole and absolute cost any action to which this Indemnity shall apply. In the event Customer falls to defend such action. C3 Technology Services may do so and recover from Customerin addition, all costs and expenses, including, attorneys' fees In connection therewith. C3 Technology Services shall be entitled 10 recover from Customer all costs and expenses including without limitation, attorneys fees and disbursement, Incurred by C3 Technology Services in connection with actions taken by C3 Technology Services or its representatives (I) to enforce any provision of this Agreement; (11) to effect any payments or collections provided for herein; (iii) to institute, maintain, preserve, enforce and foreclose on SOSs security interest in or lien on the goods, whether through judicial proceedings or otherwise: or (iv) to defend or prosecute any actions or proceedings arising out of or relating to any C3 Technology Services transactions with Customer. 14. ENTIRE AGREEMENT This constitutes the entire Agreement between the parties relating to the subject matter hereof. Any modifications to this Agreement must be in writing and signed by both parties. 15. SUCESSORS AND ASSIGNS; TERMINATION Neither party may assign this Agreement or any of its rights or obligations hereunder, wflhout the prior written approval of the other party, which will not be unreasonably withheld, except that either party may assign Its obligations and rights to a wholly owned subsidiary, parent corporation, or entity under the same ownership, operation or control. 16. SEVERABILITY If any provision In this Agreement Is held invalid or unenforceable by a body of competent jurisdiction, such provision will be construed. limited or, if necessary, severed to the extent necessary to eliminate such invalidity or unenforceability. The Parties agree to negotiate in good faith a valid, enforceable substitute provision that most nearly affects the Parties' original Intent in entering Into this Agreement or to provide an equitable adjustment in the event no such provision can be added. The other provision of this Agreement shall remain In full force and effect. 17. COUNTERPARTS AND FACSIMILE SIGNATURES This Agreement may be executed In several counterparts, each of which shall be deemed to be an original and all of which together shall constitute one Agreement binding on all parffes hereto, notwithstanding, that all the parties have not signed the same counterpart. A forced signature of this Agreement bearing authorized signatures may be treated as an original. 18. JURISDICTION All parties hereby consent to the exclusive jurisdiction 'Of the Federal Courts located in CA and the State Courts located in CA in any proceeding arising out of or relating to this Agreement. 19. LIMITATION OF LIABILITY To the extent permitted by law, in no event shall C3 Technology Services be liable to Customer for any special, incidental, consequential, or Indirect damages, loss of business profits, business interruption, loss of business Information arising out of the Inability to use the Equipment. The Customer acknowledges that the Maintenance provided by C3 Technology Services is for the mechanical maintenance of the Equipment only, and that this Agreement does not cover any software. networking or any other connectivity or functionality unrelated to the device(s) described in this agreement. Network and or connectivity services not Included In this contract are available from C3 Technology Services at additional costs. 20. FORCE MAJEURE C3 Technology Services shall not be liable to Customer for any failure or delay caused by events beyond C3 Technology Services control, Including. without limitation. Customer's failure to furnish necessary information; sabotage; failure or delays In transportation orcommunicatlon: boycotts; embargoes: failures orsubstitutions of equipment., labor disputes; accidents; shortages of labor, fuel, raw, materials, machinery, or equipment; technical failures; fire; stcros: flood; earthquake; explosion; acts of the public enemy, war, insurrection: riot; public disorder, epidemic; quarantine restrictions; acts of God: acts of any government or any quasi-govemmental authority, Instrumentality or agency. 21. NO WARRANTY C3 Technology Services DISCLAIMS ALL WARRANTIES. EXPESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TECHNICAL COMPATABILITY, FITNESS FOR USE OR FITNESS FOR A PARTICULAR PURPOSE. 22. INSURANCE If the Customer is leasing the equipment, the Customer shall obtain and maintain, at its own expense, insurance relating to claims for Injury and/or property damage (Including commercial general liability Insurance) based on its use of the equipment, goods and machinery. Initial Page 2 of 2 REV08272018 1536 E Warner Ave, Santa Ana CA 92705 1 (714) 689-1700 3 a ' Technology Services client centric consulting - managed service provider CUSTOMER CAFE MAINTENANCE AGREEMENT SCHEDULE A L EQUIPMENT COVERED Model Serial Number EQ ID # Monthly Allowance Mtr Rate DEPARTMENT DEPT CONTACT 3 x Canon MF525 0 0.035 Police Dept Dan Fortney New 5x LBP312DN 0 0.035 Police Dept " VNB3B78757 CNBJP10728 PHGDC16409 PHGDC16416 PHGC16402 PHGDC16415 PHGDC16417 PHGDC16412 VNG4623632 USBNF29643 CNGXF31088 CNDCG7617D CNDF606716 CNDF606713 79404 71954 77304 77307 77309 77310 77311 77312 77329 77325 77324 77375 77305 77308 Blk 6500 0.1111 HPM452DN HP2015 HP401 HP401 HP401 HP401 PH401 HP401 HP401 HP401 HP4250 HP750 HPM451DN HPM451DN Shared City Hall Agnus Tran Shared City Hall " Shared City Hall " Shared City Hall " Shared City Hall " Shared City Hall " Shared City Hall " Shared City Hall " Shared City Hall " Shared City Hall " Shared City Hall " Shared City Hall " Shared City Halt " Shared City Hall " 500 0.045 HPM277DW Shared PD Chiefs office Dan Fortney HPM277DW Shared PD Commander Gonshak " HPM277DW Shared PD Commander Bowles " HPM277DW Shared PDDetective Sgt " City of Seal Beach Authorization X. 4"M Printed Name �' (� ��... 6 fLAWt Title CIT 1 M A II A 6 E rz-- Date, I p� , 9 W n ® 1 ACCIRO CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 12/16/2019 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 pol(cy(les) must have ADDITIONAL INSURED provisions or 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 endorsement(s). PRODUCER Milestone Risk Management & Insurance Services License No. OB72766 8 Corporate Park, Suite 130 Irvine CA 92606 CONTACT Teresa Shen NAME: FAX HONN Ext): (949) 852-0909 AIC. No : (949) 852-1131 ADDRESS: tshenQmilestonepromise.com INSURER(S) AFFORDING COVERAGE NAIL M INSURERA: Travelers Casualty Insurance Company of America 019046 INSURED Reprographics Fax Group Inc. C3 Office Solutions LLC dba C3 Technology Solutions 1536 E. Warner Ave. Santa Ana CA 92705 INSURER B: Oak River Insurance 34630 INSURER C: INSURER D : INSURER E: INSURER F: nrnicoer_ce CERTIFICATE NUMRFR- IU/ZU Masier KEVI510N NUMBER: v 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LJINSR TR TYPE OF INSURANCE ALIUL INSD bUtSK WVD POLICYNUMBER MM/DD XP MIDD EYM LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR 6806N797658 05/23/2019 05/23/2020 EACH OCCURRENCE $ 2,000,000 DAMAGE RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: POLICY JECT [:]PRO. =%--LOC OTHER: GENERALAGGREGATE $ 4,000,000 PRODUCTS- COMPIOPAGG $ 4,000,000 $ A AUTOMOBILE LIABILITY X ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY BA6N7980901942G 05/23/2019 05/23/2020 Ea..Id.nSINGLELIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE $ Per aceldent A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS•MADE CUP7N4477971942 05/23/2019 05/23/2020 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED I X1 RETENTION $ O $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.NIA oFFICER/MEMBERExCiuDED? (Mandatory In NH) If yes, describe under1,000,000 DESCRIPTION OF OPERATIONS below REWC019767 10/02/2019 10/02/2020 X STATUTE ERH EEACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 110001000 E.L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS i VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Evidence of Insurace City of Seal Beach 211 Eighth Street Seal Beach CA 90740 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE W rasa -w wr.vv..,r vv... ... v......... .a ..... .........��. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD