5855 Rickenbacker Rd | Commerce CA 90040 | Ph: 530.230.4800 | Fx: 530.343.9470 TECHNOLOGY SOLUTIONS YOU CAN TRUST
www.ubeo.com
UBEO Memorandum of Understanding between UBEO West, LLC and City of Burbank
Notwithstanding any contrary provision in any agreement between the parties, the Agreement #2047042 between City of Burbank, as Customer or City, and UBEO West, LLC, as Owner (“Agreement”), is hereby amended as follows:
1. The equipment placed under the UBEO Equipment rental agreement must include:
o All devices supplied must be energy star rated to reduce energy consumption.
o All devices must have intuitive sleep/wake capabilities along with programmable sleep cycles to reduce energy consumption.
o All devices must have the ability to reject or not print unrequested faxes.
o All devices must be new and have device manufacturer support for a minimum of seven (7) years from time of acceptance by Customer (which shall occur after installation; set up to Customer’s network)
o All devices must use supported levels of security for connection to the Customer’s network and Customer’s other devices and must be capable of having their firmware updated as support requirements change for at least seven (7) years from acceptance (as def ined above).
o All devices must support current and supported Microsoft Office 365 email authentication protocols for at least seven (7) years from acceptance (as defined above).
o All devices must encrypt Print and scan network data traffic as it passes through The Customer’s network.
o All devices must have image overwrite capability.
o All devices must be compatible with Customer’s network and Microsoft Azure active directory environment and must support printing from all currently supported versions of Windows, MAC/OS, and wireless printing from mobile devices such as iPads, chrome books, laptops, iPhone, and Android devices.
o All shared network devices must support at a minimum:
Print, scan, copy, and fax to outside numbers, email, or network shares. And must support these functions in black and white as well as color.
Duplexing for all device functions, offset stacking, collation, stapling, multiple paper trays sized appropriately based on study findings, output tray capacity, paper weights, and sizes based on study findings.
All printers must include a bypass tray for the purpose of printing on specialized paper stock.
Attachment 6
5855 Rickenbacker Rd | Commerce CA 90040 | Ph: 530.230.4800 | Fx: 530.343.9470 TECHNOLOGY SOLUTIONS YOU CAN TRUST
www.ubeo.com
All printers must be capable of enlarging in increments up to 200% and reducing in increments down to 25% of the original size.
Secure print based on both pin codes and badge/access card swipes at the City’s discretion.
Ability to integrate with The City’s active directory for user lookup when scanning to an internal email address.
Ability to easily identify the location of the printer in the user’s print dialog and easy to access secure print options.
Easy to follow on-screen images and directions for replacing paper, clearing paper jams, and other types of issues users may run into.
2. Owner shall comply with all insurance requirements and other Customer contract provisions identified in Appendix D of Customer’s RFP, which are attached hereto for reference as Exhibit A.
3. Equipment Pricing Schedule. Estimated taxes are included in pricing. Changes in tax rates during the term of the agreement will reflect in corresponding payment change.
Read, Signed & Agreed Upon on (Date)
(Customer) UBEO Business Services
By: _________________________ By: __________________________
Name: Richard Whitlock
Title: President, West Region
Estimated Tax Included 60 Month Term
Model Cost Per Month
HP Color LaserJet E87740 $100.40
HP Color LaserJet E87750 $111.69
HP Color LaserJet E87760 $128.63
HP Color LaserJet E87770 $142.43
HP LaserJet E40040 $7.74
HP LaserJet E60155 $41.04
HP Color LaserJet E45028 $11.12
HP Color LaserJet E47528 $15.25
Managed Print Service RFP IT-2023-001 Page 24
Exhibit A APPENDIX D: INSURANCE REQUIREMENTS AND OTHER CITY CONTRACT PROVISIONS Commercial General Liability Insurance The Contractor shall obtain and for the full term of this Agreement maintain in full force and effect, comprehensive general liability and property damage insurance, or commercial general liability insurance, from an insurance company approved by City having a Best Rating of A-: VII or better and licensed and authorized by the Insurance Commissioner of the State of California Department of Insurance to be transacting business in the State of California, in the following minimum limits: General liability (Including operations, Products and completed operations) Combined Single Limit Per Occurrence $2,000,000.00 General Aggregate $5,000,000.00 Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractors indemnification obligations to City, and shall not preclude City from taking such other actions available to City under other provisions of the Agreement, Contract Documents or law. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Agreement. If any subcontractors coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold City harmless from any damage, loss, cost, or expense, including attorneys fees, incurred by City as a result thereof. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Agreement and Contract Documents. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contract of that part of the indemnification contained in this Agreement, relating to liability for injury to or death of persons and damage to property. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, City may require additional coverage to be purchased by Contract to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in this Agreement.
Managed Print Service RFP IT-2023-001 Page 25
Automobile Liability Insurance Automobile Liability Combined Single Limit Per Occurrence $1,000,000.00 (For bodily injury and property damage) Such insurance shall provide coverage for bodily injury and property damage including coverage for non-owned and hired vehicles, in a form and with insurance companies acceptable to City. Such insurance shall comply with the provisions of below. Workers Compensation Insurance The Contractor shall provide, during the life of this Agreement, workers compensation insurance for all of the employees engaged in Work under this Agreement, on or at any work site, and, in case any of sublet Work, the Contractor shall require each subcontractor similarly to provide workers compensation insurance for all the latters employees as prescribed by State law. Any class of employee or employees not covered by a subcontractors insurance shall be covered by the Contractors insurance. In case any class of employees engaged in work under this Agreement, on or at any work site, is not protected under the Workers Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to its employees in accordance with the provisions of Section 3700 of the Labor Code. The Contractor shall file with City certificates of insurance protecting workers and shall provide certificates at any time upon request. Company or companies providing insurance coverage shall be acceptable to City, if in the form and coverage as set forth in this Agreement. Contractor shall assume the immediate defense of and indemnify and save harmless City and its officers and employees, agents, and consultants from all claims, loss, damage, injury, and liability of every kind, nature, and description brought by any person employed or used by Contractor, or any subcontractors, to perform the scope of work under this Agreement regardless of responsibility or negligence. Form, Proof of Insurance Any insurance carrier providing insurance coverage required by the Agreement and Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by Citys Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A-: VII or better. Insurance deductibles or self-insured retentions must be declared by the Contract, and such deductibles and retentions shall have the prior written consent from City. At the election of City the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.
Managed Print Service RFP IT-2023-001 Page 26
Additional Insured Requirement The City, its officers, elected officials, employees, City Contractors, construction managers, architect and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of the Work or operations performed by or on behalf of the Contractor including, but not limited to, materials, parts or equipment furnished in connection with such work or operations. General liability coverage shall be provided in the form of an endorsement to the Contractors insurance, and the City, its officers, agents, and employees shall be named as additional named insureds on Contractors policies, evidenced by an additional insured endorsement, using form ISO CG 20-10- 10-01 and GC 20-37-10- 01 or the exact equivalent. Other Insurance Requirements Contractor shall cause its insurance carrier(s) to furnish City with either 1) a properly executed original Certificates(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, or 2) if requested to do so in writing by Citys Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect, City, its officials and officers, employees, agents or representatives are named as Additional Insureds and Provide a Waiver of Subrogation in favor of those parties. Further, said Certificates(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be given to City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, City may terminate or Stop Work pursuant to this Agreement and Contract Documents, unless City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or any work site, or commence its scope of work under this Agreement until City has been furnished original Certificate(s) of Insurance and certified original copies of Endorsements or policies of insurance including all Endorsements and any and all other attachments as required in this Agreement. The original Endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf. It is understood and agreed to by the parties hereto and the insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary, and Citys insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory. City reserves the right to adjust the monetary limits of insurance coverages during the term of this Agreement including any extension thereof, if in Citys reasonable judgment, the amount or type of insurance carried by the becomes inadequate. Contractor shall pass down the insurance obligations contained herein to all tiers of sub-contracts working under this Agreement.
Managed Print Service RFP IT-2023-001 Page 27
OTHER CITY CONTRACT PROVISIONS: 1. Indemnification: Except for the active negligence or willful misconduct of CITY, or any of its boards, officers, agents, employees, assigns and successors in interest, CONTRACTOR shall defend, indemnify and hold harmless CITY and any of its boards, officers, agents, employees, assigns, and successors in interest from and against all lawsuits andcauses of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees (both in house and outside counsel) and cost of litigation (including all actual litigation costs incurred by CITY, including but not limited to, costs of experts and consultants), damages or liability of any nature whatsoever, for death or injury to any person, including CONTRACTOR'S employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising in any manner by reason of an act, error, or omission by CONTRACTOR, Subcontractors, or their boards, officers, agents, employees, assigns, and successors in interest. The rights and remedies of CITY provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. This provision will survive expiration or termination of this Contract, and shall not be limited in any financial amount. General terms: 1. Venue and jurisdiction is in Los Angeles County. 2. City does not agree to binding arbitration. 3. Acceptance of new printers to occur after delivery, installation, and set up to Citys network.