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AG 17-0922/2017 II RETURN TO: Thomas Fichtner EXT: 2547 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING 2. ORIGINATING 4. TYPE ❑ CONTRACTOR O PUBLIC ❑ PROFESSIONAL O GOODS O REAL ❑ ORDINANCE II CONTRACT O OTHER 5. PROJECT 6. NAME ADDRESS: E SIGNATURE 7. EXHIBITS OTHER 8. TERM: 9. TOTAL (IF REIMBURSABLE IS SALES RETAINAGE: PURCHASING: 10. DOCUMENT ❑ PROJECT O DIRECTOR ❑ RISK ❑ LAW�� 11. COUNCIL 12. CONTRACT O SENT ❑ ATTACH: ❑ CREATE O LAW IGNATORY O CITY ❑ ASSIGNED ❑ SIGNED COMMENTS: DEPT./DIV: Information Technology STAFF PERSON: Thomas Fichtner EXT: 2547 ;. DATE REQ. BY: ASAP OF DOCUMENT (CHECK ONE): SELECTION DOCUMENT (E.G, RFB, RFP, RFQ) WORKS CONTRACT 0 SMALL SERVICE AGREEMENT 0 MAINTENANCE AND SERVICE AGREEMENT 0 HUMAN ESTATE DOCUMENT 0 SECURITY ❑ RESOLUTION AMENDMENT (AG #): 17-092 0 INTERLOCAL OR LIMITED PUBLIC WORKS CONTRACT AGREEMENT SERVICES / CDBG DOCUMENT (E.G. BOND RELATED DOCUMENTS) NAME: Printer /Copier Maintenance - Amendment 1 OF CONTRACTOR: Copiers Northwest 601 Dexter Ave North TELEPHONE (206) 282 -1200 -MAIL: jolive@copiersnw.com FAX: NAME: John Hines TITLE CFO AND ATTACHMENTS: © SCOPE, WORK OR SERVICES O COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE 0 ALL REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS COMMENCEMENT DATE: 1/1/2017 COMPLETION DATE: 10/31 /2017 COMPENSATION $ 48,000 (INCLUDE EXPENSES AND SALES TAX, IF ANY) CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR TAX OWED ❑ YES ❑ NO IF YES, $ OF EMPLOYEES TITLES AND HOLIDAY RATES) AMOUNT: $ PAID BY: 0 CONTRACTOR ❑ CITY RETAINAGE AMOUNT: ❑ RETAINAGE BY (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDED -88 -480, 521-88 -480) & 503 - 1100-046- (512 - 50.480, 518-88 -480, 521 - 88.480) PLEASE CHARGE TO: 502- 1100 - 046 - (512-50-480, 518 /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED MANAGER MANAGEMENT (IF APPLICABLE) APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL SIGNATURE ROUTING TO VENDOR/CONTRACTOR DATE SENT: DATE: COUNCIL APPROVAL DATE: DATE REC'D: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED DEPARTMENT 4 ' ■ (MAYOR OR DIRECTOR) tiVj� CLERK '' i/"'m u AG# ATA° 7T i COPY RETURNED DATE SENT: I !ii 2/2017 COUNCIL MEETING DATE: August 8, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: COPIER/PRINTER MAINTENANCE AMENDMENT 1 POLICY QUESTION: Should the City of Federal Way approve Amendment 1 to the existing Copier/Printer Maintenance contract with Copiers Northwest? COMMITTEE: FEDRAC MEETING DATE: July 25, 2017 CATEGORY: ® Consent n Ordinance n Public Hearing ❑ City Council Business n Resolution ❑ Other STAFF REPORT BY: Thomas Fichtner DEPT: Information Technology Attachments: 1. Background Memorandum to the Finance, Economic Development and Regional Affairs Committee dated July 19, 2017. 2. Amendment 1 to the Copier /Printer Maintenance Contract 3. Original Copier /Printer Maintenance Contract Options Considered: 1. Approve the Mayor's recommendation and forward to the Council Consent Agenda on August 8, 2017. 2. Deny approval of the Mayor's recommendation and provide staff with further direction. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Amendment 1 to the Copier/Printer Maintenance Contract to the August 8, 2017 Coup Consent Agenda. • fri7 Co ittee ounc Initial/Date Initial/Date MAYOR APPROVAL: ^DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the August 8, 2017 consent agenda for approval. Committee Chair Commit e Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Amendment 1 to the Copier /Printer Maintenance Contract with Copiers Northwest, and authorize the Mayor to sign said agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) WUNCIL ACTION: APPROVED 'CAMS 1 VI ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 11/2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM TO: FINANCE, ECONOMIC DEVELOPMENT, AND REGIONAL AFFAIRS COMMITTEE VIA: JIM FERRELL, MAYOR FROM: THOMAS FICHTNER, IT MANAGER SUBJECT: PRINTER /COPIER MAINTENANCE CONTRACT - AMENDMENT 1 DATE: JULY 19, 2017 BACKGROUND The City was under contract for Copier and Printer Maintenance since 2011 and that contract expired at the end of 2016. Due to staffing challenges and work -load the IT Department was not able to secure a new contract before it expired on 12/31/2017. The vendor, Copiers Northwest, has agreed to keep the City at the existing pricing level into 2017 year. The IT department executed a contract with a "Not to Exceed" amount of $19,500, which was intended to provide enough time to solicit bids and bring a new contract before Council. However, the usage of the copiers and printer was more than expected and the billable services have now exceeded the "Not to Exceed" amount. This Amendment 1 is before Council to approve a new term (through 10/31/2017) and new "Not to Exceed" amount of $48,000. During August and September, the IT department will be soliciting bids for Copier and Printer Maintenance service and will be back before Committee and Council in September /October with a new contract for the next several years, which will take over on 11/1/2017. CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 sin vw cityaftederoieeay corn AMENDMENT NO. 1 TO GOODS AND SERVICES AGREEMENT FOR PRINTER/COPIER MAINTENANCE This Amendment ( "Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Copiers Northwest, a Washington corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Printer /Copier Maintenance ( "Agreement ") dated effective January 1, 2017, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than October 31, 2017 ( "Amended Term "). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B -1, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rates for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall.be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. AMENDMENT [Signature page follows] - 1 - 3/2017 CITY OF ;N Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederaiway con) IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: Jim Ferrell, Mayor DATE: COPIERS NORTHWEST: By: Printed ame: J 0 4 r' frirrLl Title: CAS Date: a e' /lit% ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF D 11C) ) On this day personally appeared before me 30V-10 N t-ws , to me known to be the O of C o Ears tvorkhWeSt- that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVF nwihand and o1My i WA AMENDMENT official seal this Notary's Notary's 5 day of ftuatAst , 20� signature printed name JuI1eL Fun Jch6?(Sec- Notary Public in and for the State of Washington. My commission expires IC) / j IFS - 2 - 3/2017 GITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 wwww crtyoffederalway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: COPIERS NORTHWEST: By: Printed ,IV me: ..,"v t.►- ? µimai (4__• Title: CAS Date: a Y/ rl7 ATTEST: ie Courtney, CMC, APPROVED AS TO FORM: lerk J. Ryan Call, City Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF ti in ) On this day personally appeared before me 30`'10 k-kW>eS , to me known to be the e_F0 of CrD" — te,f'S Ncx \h3PSG' that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIV 1 ihand and official seal this Ir.' day of A l_kSt , 200-. `���` FuN. t'1'''i Jl `.`����?�•' '' '�.,' Notary's signature �GL (it `-- 3';' �p'TARy�; _ Notary's printed name �ii/, e L Fuy�Khd2(Sef Notary Public in and for the State of Washington. " pU81.�G My commission expires ID / 1(? i,,,��Op wiles 0. AMENDMENT - 2 - 3/2017 Federal Wa _.. .rte.,:.. EXHIBIT B -1 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cftyoffederat ay corn 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed Twenty -Eight Thousand Five Hundred and 00 /100 Dollars ($28,500.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Forty -Eight Thousand and 00 /100 Dollars ($48,000.00). AMENDMENT 3 - 3/2017 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD /YYYY) 8/1/2017 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 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 Brown & Brown of Washington, Inc. 1501 4th Avenue, Suite 2400 Seattle WA 98101 INSURED Copiers Northwest, Inc 601 Dexter Ave N Seattle WA 98109 COPI E-2 CONTACT NAME: PHONE (AIC NoExt) 206- 956 -1600 E-MAIL certrequest@bbseattle.com ADDRESS: q �% FAX 206- 956 -9600 (A/C. No): INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Travelers Indemnity Company 25658 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : 1430724479 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD /YYYY) POLICY EXP (MM!DDIYYYY) LIMITS A )( COMMERCIAL GENERAL LIABILITY 6800193C812 7/28/2017 7/28/2018 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X I OCCUR DAMAGETO PREMISES EaEoccu ence) $300,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO- JECT LOC PRODUCTS - COMP /OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY BA0042C167 7/28/2017 7/28/2018 COMBINED SINGLE LIMI1 (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESSLIAB X OCCUR CLAIMS -MADE CUP1621Y091 7/28/2017 7/28/2018 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 - • DED i X j • RETENTION $S,0O -- - ' - - C A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY NtA 6800193C812 7/28/2017 7/28/2018 STATUTE X ERH WA Stop Gap /EL ANY PROPRIETOR/PARTNER /EXECUI IVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) YIN E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION i City of Federal Way 33325 8th Ave. So. Federal Way WA 98003 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 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 2/2017 II RETURN TO: Thomas Fichtner EXT: 2547 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING 2. ORIGINATING 4. TYPE ❑ CONTRACTOR ❑ PUBLIC ❑ PROFESSIONAL O GOODS ❑ REAL ❑ ORDINANCE ❑ CONTRACT ❑ OTHER 5. PROJECT 6. NAME ADDRESS: E SIGNATURE 7. EXHIBITS OTHER 8. TERM: 9. TOTAL (IF REIMBURSABLE IS SALES RETAINAGE: II PURCHASING: 10. DOCUMENT ❑ PROJECT ❑ DIRECTOR ❑ RISK ❑LAW 1 1. COUNCIL 12. CONTRACT SENT ❑ ATTACH: ❑ CREATE ❑ LAW ❑ SIGNATORY ❑ CITY ❑ ASSIGNED 0 SIGNED COMMENTS: DEPT./DIV: Information Technology STAFF PERSON: Thomas Fichtner EXT: 2547 3. DATE REQ. BY: ASAP OF DOCUMENT (CHECK ONE): SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION AMENDMENT (AG #): ❑ INTERLOCAL NAME: Printer /Copier Maintenance OF CONTRACTOR: Copiers Northwest 601 Dexter Ave North TELEPHONE (206) 282 -1200 -MAIL: lolive @copiersnw.com FAX: NAME: John Hines TITLE CFO AND ATTACHMENTS: A SCOPE, WORK OR SERVICES II COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS COMMENCEMENT DATE: 1/1/2017 COMPLETION DATE: 7/31/2017 COMPENSATION $ 19,500 (INCLUDE EXPENSES AND SALES TAX, IF ANY) CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE AMOUNT: ❑ RETAINAGE BY (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED PLEASE CHARGE TO: 502-1100-046- (512 -50 -480, 518 -88 -480, 52148- 480) & 503 - 1100 -046- (51240480, 518 -88 -480, 521 - 88480) /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED MANAGER MANAGEMENT (IF APPLICABLE) l/ ,% APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: Or //%r COUNCIL APPROVAL DATE: ,v 1 4 SIGNATURE ROUTING y /1 TO VENDOR/CONTRACTOR DATE SENT: - r ( DATE RECD: 57 SIGNATURE AUTHORITY, INSURANCE CERTIFIC E, LICENSES, EXHIBITS ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SI NED DEPARTMENT i / C.. (MAYOR OR DIRECTOR) 40.&-W j� CLERK tzLaa I AG# AG# — I' 2- COPY RETURNED DATE SENT: 5 - 5-1 2/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway. corn GOODS AND SERVICES AGREEMENT FOR PRINTER/COPIER MAINTENACE This Goods and Services Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Copiers Northwest, a Washington corporation ( "Contractor "). The City and Contractor (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: COPIERS NORTHWEST: John Hines 601 Dexter Ave. North Seattle, WA 98109 (206) 282 1200 (telephone) The Parties agree as follows: CITY OF FEDERAL WAY: Thomas Fichtner 33325 8t" Ave. S. Federal Way, WA 98003 -6325 (253) 835 -2547 (telephone) (253) 835 -2509 (facsimile) Thomas. Fichtner@cityoffederalway.com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than July 31, 2017 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A," attached hereto and incorporated by this reference ( "Work "), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within the term of the Agreement. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used; rebuilt or used parts are not 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 Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may GOODS AND SERVICES AGREEMENT - 1 - 1/2015 4A•.- Vecleral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityofederalway.. corn complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 2.3 Time, Documentation, and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Agreement, notwithstanding the City's knowledge of defective or non - complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and /or the City may deduct its costs from any remaining payments due to the Contractor. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B," attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B," the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work has been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor 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 Contractor 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 Contractor. 4.4 Non - Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under GOODS AND SERVICES AGREEMENT - 2 - 1 /2015 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoffecleralway.com this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and /or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub - contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and /or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. In no case shall either party be liable to the other for consequential, incidental, special or indirect damages. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or GOODS AND SERVICES AGREEMENT - 3 - 1/2015 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway.com subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; c. Automobile liability insurance covering all owned, non - owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor'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 Contractor's insurance and shall not contribute with it. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by GOODS AND SERVICES AGREEMENT - 4 - 1/2015 4..- Federal Way law to monitor this Agreement. CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway corn 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor 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. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10.2 Safety. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296 -155 WAC), General Safety and Health Standards (Chapter 296 -24 WAC), and General Occupational Health Standards (Chapter 296 -62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor 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. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, GOODS AND SERVICES AGREEMENT - 5 - 1/2015 44e. Vecferal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoffederalway.com national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non - discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 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. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. 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 GOODS AND SERVICES AGREEMENT - 6 - 1 /2015 Vecferal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway. com 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. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses 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, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof [Signature page follows] GOODS AND SERVICES AGREEMENT - 7 - 1/2015 CITY OF '�.... Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www c,tyoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: COPIERS NORTHWEST By: Printed N Title: DATE: T 0,-1 C. 0 STATE OF WASHINGTON ) ) ss. COUNTY OF i ) On this day personally appeared before me John \A-In eS . to me known to be the CEO of C teA(j QCX- W1W(5 -k that executed the foregoing instrument, and acknowledged the said Instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 5 day of -flat), . 2011-. ``►►►►ulir►rr�r 7 ```�.�� ................. ,, Notary's printed n to / l[, f unicit lse-r • �.'• �pSl►RY _ Notary Public in and for the State of Washington. P UB `� �; My commission expires (0 - 7- - 18 ATTEST: I,lt).A1!h.. rk, Stephanie Cou APPROVED AS TO FORM: v � City Attorney, jai Oh a. ,CMC GOODS AND SERVICES AGREEMENT - 8 - 1/2015 44QTY OF ■..- Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederaiway corn EXHIBIT "A" SERVICES The Contractor shall do or provide the following services for the City's Copiers and Printers Repair, Maintenance, Support and Supplies. 1. Qualifications: 1.1 Contractor must be certified by HP and Canon and able to perform maintenance and repair services on all network attached printers and copiers listed in Exhibit "D" 1.2 Contractor agrees to maintain an adequate number of certified service technicians to respond to individual requests for maintenance within the maximum response time. 2. Parts/Maintenance: 2.1 All parts necessary to repair and maintain the copiers and printers fully functional are covered under this agreement. 2.2 All replacement parts shall be factory authorized parts of make and model of printer or copier. Contractor is responsible for all costs associated with all parts including the part, installation, delivery and disposal. 2.4 Parts include but are not limited to drums, rollers, fuser, duplex units, and such, whether defective or worn as a result of normal use. 2.4 Contractor shall maintain an adequate inventory of parts recommended by manufactures for all printers /copiers listed on Exhibit "D ". 2.5 In addition, the technician assigned to the City or the territory of the City is preferred to customize their mobile inventory to meet the needs of the City. 2.6 Contractor shall replace parts and /or defective equipment for the life of the contract. 2.7 Contractor shall provide an online or toll free number for support call /supply order. 3. Supplies /Consumables: 3.1 All supplies and other consumables related to the equipment are covered under this agreement except for paper and staples. 3.2 Contractor shall supply all consumables including but not limited to toner, developer, filters, fuser oil and such in a timely manner. 4. Spare Toner Supply: 4.1 Contractor agrees to maintain an inventory of at least one or one set of spare toner with each copier and printer under this agreement. 4.2 Contractor agrees to provide the type of toner and other material which does not diminish the quality of the printing and copying. 4.3 City staff representative shall notify the contractor to replenish the spare toner as soon as it is used. 4.4 Contractor shall provide an online or call in means for designated City staff tp order supplies. There will be no charge for ground shipment of supplies but the cost of expedited requests shall be paid by the City. 5. Response Time: 5.1 Maximum response time for a service call is one business day. 5.2 Regular business day is Monday through Friday 8:00AM — 5:00PM. 5.3 Contractor guarantees a 4 -hour average field response for the City of Federal Way, with a call within one hour to confirm the service request. GOODS AND SERVICES AGREEMENT 9 - 1/2015 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway. corn 5.4 Contractor will be responsible for all repairs and maintenance of equipment. Once the technician arrives on -site, contractor's goal for average time for the machine to be fully functional is 1.1 hours. 5.5 If repairs cannot be completed on site or within a 5 (five) business days the contractor shall provide a loaner printer /copier of similar specification while the unit is being repaired. 5.6 In the event repairs are not completed within 5 days and the contractor has not provided a loner, the City may rent a similar device elsewhere and the contractor shall be responsible for any cost associated with replacement equipment until the equipment is repaired or a loaner is provided. 6. Removal/Recycle: 6.1 Contractor is responsible for the removal, recycling and disposal of all used cartridges and other replaced parts, and material except for paper and staples. 7. Preventive Maintenance: 7.1 Contractor shall perform preventive maintenance as required from manufacturer specification on each device to guarantee maximum uptime and ensure the printers /copiers are in sufficient mechanical condition PM shall include, but is not limited to: • Routine cleaning, lubrication, adjustments to the equipment • Replacement of parts due to normal wear and tear • Replacement of unserviceable parts 8. Meter reading/Billing: 8.1 Contractor shall collect and maintain vital data on each copier / printer monthly; The data shall include but is not limited to page counts, number of repair calls, parts replaced, supplies and other repairs and maintenance. 8.2 Meter reading may accrue remotely or through an automated data collection system provided by contractor whereby a City employee will collect and e -mail the data monthly. 8.3 Contractor shall provide a monthly invoice indicating each device with; previous month's meter count, recent meter count, total number of prints /copies for the billing cycle, cost per page, and total cost. And a total cost for all devices in that month. 9. Reporting: 9.1 Upon City's request, contractor shall provide equipment usage and performance reports. The performance reports may include the following information: • Equipment model • Serial number • Location of equipment • Authorized Purchasers (up to 2 contacts) • Number of Machines at Location • Average monthly volume • Total volume • Total amount of supplies used by a copier • Types of supplies • Total Monthly Rental Cost • Tracks all service work done by contractors • Response times associated with an account or piece of equipment • Call back time • Time between service calls • Total amount of time spent at a service call GOODS AND SERVICES AGREEMENT - 10 - 1/2015 4.- Federal Way • What part or supplies where replaced during the service call • Total amount of supplies used by a copier • Last Preventive Maintenance Perform CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway. corn 10. Equipment condition — Inspection: 10.1 Contractor has inspected all copiers and agrees that all printers and copiers are all in good working condition and shall be responsible for any and all repair, parts and supplies. GOODS AND SERVICES AGREEMENT - 11 - 1/2015 � Vecleral Way EXHIBIT "B" COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway.. corn 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Nineteen Thousand Five Hundred and 00 /100 Dollars ($19,500.00). The actual payment shall be based on the actual number of pages printed and copied by each equipment and the per page rate set in the attached City of Federal Way Printer /Copier Per Page Rate (Exhibit "D "). GOODS AND SERVICES AGREEMENT - 12 - 1/2015 Federal Way EXHIBIT "C" INSURANCE See attached insurance certificate. CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway. corn GOODS AND SERVICES AGREEMENT - 13 - 1/2015 ACORD® c CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DDNYYY) 5/18/2017 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 endorsement(s). PRODUCER Brown & Brown of Washington, Inc. 1501 4th Avenue, Suite 2400 Seattle WA 98101 CONTACT NAME: PHONE 206 956 1600 FAX 206-956-9600 (A /C NQ_Ext)' (A/C. Not: E-MAIL ADDRESS' certrequest @bbseattle.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Travelers Indemnity Company 25658 INSURED COPIE -2 Copiers Northwest, Inc 601 Dexter Ave N Seattle WA 98109 INSURER B : 68001930812` INSURER C : 7/28/2017 INSURER D : $1,000,000 INSURER E : $300,000 INSURER F : RAGE CERTIFICATE NUMBER: 1594480895 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 68001930812` 7/28/2016 7/28/2017 EACH OCCURRENCE $1,000,000 DAMAGE RENTED PREMISES O(Ea occurrence) $300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GE GENERAL AGGREGATE $2,000,000 'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC PRODUCTS - COMP/OP AGG $2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO AUTOS HIRED AUTOS AWNED CHEDULED NON -OWNED AUTOS BA0042C167* 7/28/2016 7/28/2017 INGLE LIMIT CEO accident) $1 000,000 $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP1621Y091` 7/28/2016 7/28/2017 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 $ DED X RETENTION$ 5,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A 6800193C812* 7/28/2016 7/28/2017 STATUTE X OERH WA Stop Gap /EL E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION City of Federal Way 33325 8th Ave. So. Federal Way WA 98003 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 ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www crtyoffederalway corn EXHIBIT "D" CITY OF FEDERAL WAY PRINTER/COPIER PER PAGE RATE Qty. Make and Model Mono Color 1 Sharp MX -M365N 0.0168 4 HP Laserjet 4050n 0.011 9 HP Laserjet 9050mfp 0.0099 1 HP Laserjet Color 3800n 0.0385 0.154 2 HP Laserjet 5200 0.0187 3 HP Laserjet 9040mfp 0.0099 9 HP Laserjet 8150 0.00825 1 HP Laserjet 4000 0.0112 4 HP Laserjet Enterprise M605n 0.0225 2 HP Laserjet P3015dn 0.0225 1 Canon IRC7065 0.0088 0.0517 4 Canon IR6075 0.00451 total 2 Canon IRC7055 0.008 0.047 1 Canon IRC5030 0.01172 0.09591 3 Canon IR1025n 0.0225 3 Canon IRC7260 0.01053 0.0476 1 Canon IR6275 0.00459 1 Canon IR6265 0.00784 2 Canon IRC5250 0.008 0.05 1 Canon IR2535i 0.0074 5 Canon IR1435iF 0.0168 2 Canon IRC5240A 0.0074 0.063 GOODS AND SERVICES AGREEMENT - 14 - 1/2015