Cities Index.
Item 02 - Jultifunction Printers - Purchase and Maintenance Agreement

Yucaipa City Council
April 25, 2022

Document
Item 02 - Jultifunction Printers - Purchase and Maintenance Agreement
Meeting
April 25, 2022
Body
Yucaipa City Council
Pages
29
Original file
85 KB
Text extracted from the city's file for reading and search. Open the original on coydocs.yucaipa.gov. That file is the official record.

Agenda Item No. 2

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Jennifer Crawford, Assistant City Manager �-
FOR: City Council Meeting April 25, 2022
SUBJECT: Multifunction Printers - Purchase and Maintenance Agreement RECOMMENDATION:

That City Council:

1. Approve and authorize the purchase of seven multifunction printers from Advanced Imaging Strategies, Inc. in the amount of $44,992.09, from savings identified in the Administrative Services Department Budget, and authorize the City Manager to execute the Sales Order Agreement on behalf of the City; and

2. Approve and authorize the City Manager to execute the five-year Maintenance Agreement with Advanced Imaging Strategies, Inc. for multi -functional printing and maintenance services.

DISCUSSION:

The City has a fleet of seventeen (17) multifunction printers (MFPs) deployed throughout City facilities.

Since 2014, the City has had an agreement with Advanced Copy Systems, Inc. (ACS) for the leasing of Sharp brand MFPs and to provide maintenance services (support, maintenance and repairs) based on a cost per printed page. All leases with ACS have expired and seven (7) of the seventeen (17) MFPs need to be replaced due to age of MFPs, are beyond recommended cycles, and require on -going increased maintenance. Of the remaining ten (10) MFPs, two (2) will be replaced and disposed of and eight (8) will continued to be maintained as they are still in good working condition.

To ensure that public agency purchasing best practices are met, on January 31, 2022, the City issued a Request for Proposals (RFP) to procure new MFPs (via lease or straight purchase) and associated maintenance services while achieving the following key objectives:
• Reduce the City's printing costs
• Receive responsive customer service and customer support • Evaluate and recommend print/copy/scan flow improvements • Minimize downtime and maintenance calls
• MFPs that provide user-friendly interface
The City received five (5) proposals in response to the RFP by the February 23, 2022, 5 P.M. deadline.

City staff evaluated the proposals based on:
• Completeness and clarity of content with sufficient detail to allow for accurate evaluation, comparative analysis, and responsiveness to the City's goals & scope of work. • Indication of customer support, timely maintenance response and location of Service Center. -15-

Price for (lease options, purchase options and per page print charges).

Demonstrated success with similar projects.

Company profile and references.

City staff has identified and is recommending Advanced Imaging Strategies, Inc. (AIS) as the vendor that best meets the City objectives and specific needs stated in the RFP. AIS has current contracts with the City of Carson, Twentynine Palms, Town of Yucca Valley, and the Counties of Riverside and San Bernardino. In addition, City staff has verified AIS references.

City staff is also recommending that the MFPs be purchased versus leased due to the overall cost savings of approximately $10,000. The Sale Order Agreement is attached for review and Council consideration (Exhibit I). The MFPs will be under warranty as part of the five (5) year Maintenance Agreement (Exhibit II), which requires the City to pay a cost per printed page ($0.0055 per page B/W and $.029 per page for color) with no uplifts for the duration of the Agreement. The Maintenance Agreement also requires AIS to provide the following:
• Removal of nine (9) legacy Sharp MFPs
• Delivery, installation, and configuration of (7) Kyocera MFPs On -site staff training and support services
Provision to replace the remaining eight (8) Sharp MFPs with loaner(s) if they become inoperable within twelve (12) months from the inception of Agreement at no additional cost. Service for the loaner(s), would be based on cost per printed page ($0.009 per page B/W and $.045 per page for color).

The City Attorney's office has reviewed, as to form, the Sales Order and Maintenance Agreements and Addendum A
FISCAL IMPACT:

The funding for the purchase of seven (7) Kyocera MFPs, in the amount of $44,992.09 will be allocated from savings identified in the adopted Fiscal Year (FY) 2021/2022 Administrative Services Department Budget.

The Information Technology Division has adequate budget appropriation in the current FY to cover the cost associated with the AIS Maintenance Agreement and on -going supplies needed for the eight (8) Sharp MFPs that will be retained by the City for the remaining three-month FY period. Staff will include an expense in the amount of $25,000 in the proposed FY 2022-2023 Draft Budget for the AIS Maintenance Agreement and Sharp MFPs supplies.

Attachment(s): Exhibit I — Sales Order Agreement
Exhibit II — Maintenance Agreement & Addendum A
Approved by:
-16-

arc
Sales Order Agreement
`7 r Date 312912022
ONE COMPANY, MANY SOLUTIONS Buyer
371 Corporate Terrace Circle, Ste 101 Corona, CA 92879 P.O. # Phone (855)448-4247 Fax (702)951-4300 Sales Rep Jay Afzali City of Yucaipa City of Yucaipa
34272 Yucaipa Blvd 34272 Yucaipa Blvd
Yucaipa CA Yucaipa CA
92399-2434 92399-2434
Contact Jennifer Crawford Billing Contact Jennifer Crawford Phone/Fax 9097972489 9097909203 Phone/Fax 9097972489 9097909203 Purchase Order:

Approx Delivery Date:

Account Type: Cash AIC
OTY PRODUCT#DESCRIPTION
4 11102YIN1211.1801.1c.

Lease Credit Card AICILease Months
TASKalfa 5054ci
Mo. Payment

UNIT PRICE TOTAL
$0.00 $
41,756.00
4 1603TMOUSO
TASKalfa 5054ci UG-37 Speed License Upgrade to 50 PPM
Included
2 1203RD2USO
TASKalfa 5054ci DF-7100 500 Sheet Internal Finisher
Included
1 1203RF2USO
TASKalfa 5054ci PH-7100 Punch Unit for DF-7100
Included
4 1203TC6USO
TASKalfa 5054ci DP-7160 320 Sheet DSDP
Included
1 855D200886
TASKalfa 5054ci Stand Copier Cabinet Stand
Included
1 1102XT2USO
TASKalfa 9003i TASKalfa 9003i 90 PPM A3 BandW MFP
Included
1 1203NK2USO
TASKalfa 9003i PH-7A Punch Unit for DF-7120/7110/7130
Included
1 1203SP6USO
TASKalfa 9003i BF-9100
Included
1 1203SW2USO
TASKalfa 9003i DF-7130 4,000 Sheet Finisher for the 6003i/5003i/4003i (100 S Included
1 1503RK2USJ
TASKalfa 5054ci Fax System 12 Fax Board
Included
3 1203V52USO
TASKalfa 5054ci PF-7150 Dual 1,500 Sheet Paper Trays - Letter Included
1 1203RL2USO
TASKalfa 9003i PF-7120 3,000 Sheet Side Large Capacity Tray - Letter Included
1 1102V52USO
TASKalfa 408ci TASKalfa 408ci 42/42 ppm A4 Color MFP
Included
1 1203T26USO
TASKalfa 408ci DP-5130 270 Sheet DSDP
Included
1 1203PS7USO
TASKalfa 408ci PF-5120 500 Sheet paper tray
Included
1 855D200715
TASKalfa 408ci Stand Copier Cabinet Stand
Included
1 1102V32USO
ECOSYS M36451dn ECOSYS M3645idn 47 ppm A4 Monochrome MFP 4 in 1 Included
1 1203SAOKLO
ECOSYS M3645idn PF-3110 500 sheets optional paper feed cassette Included
1 8551D200655
ECOSYS M3645idn Stand Stand
Included
Included
Included
Included
Included

COMMENTSISPECIAL
Delivery Hours
INSTRUCTIONSSubtotal
Stairs/Count ❑ ❑ Other:

Sales Tax
Delivery/Installation

TOTAL AMOUNT
Less Payment (Check # )

AMOUNT DUE
$
41,756.00
$
3,236.09

SPECIAL PAYMENT TERMS & DUE DATES
$
44,992.09
Yes ❑ No
$
44,992.09
The terms and conditions appearing on the face and reverse side of this agreement correctly set forth the entire agreement between the parties. The terms and conditions contained on the reverse side of this agreement include limitations of warranty, exclusion of consequential and other special damages and other limitations of liability. Customer acknowledges by its signature that it has read and understands it and that it constitutes the entire agreement, understandings, and representations, express or implied, between customer and Advanced Imaging Strategies, with respect to hardware, supply. media, or documentation furnished or to be furnished hereunder and that this agreement supersedes all prior communications between the parties including all oral or written proposals. By executing this agreement, I acknowledge that I have read and understand this agreement and certify that I am authorized to execute this agreement on behalf of customer.

CUSTOMER ACCEPTANCE ADVANCED IMAGING SOLUTIONS REPRESENTATIVE Authorized •. Date
-17-

Advanced Imaging Solutions Terms and Conditions

1. Acceptance by AIS of contract: References made to "AIS" shall mean Advanced Imaging Strategies. Machines sold by AS are eligible for a service contract immediately upon the expiration of the warranty period.

If service contract is requested at any other time, machine must first be inspected by AIS. Customer shall bear any and all costs necessary to bring machine up to specifications. Machines not sold initially by AIS which area ccepted for a service contract after inspection is not covered for parts the first 45 days. Invoices shall be due and payable by the customer for all equipment, accessories, supplies or maintenance purchased pursuant to this agreement (The "Goods and Services"), within the time period specified on the front side of this document. Customer shall pay all applicable sales tax, installation and freight charges. if customer fails to make any payment when due, there will be a service charge of five percent (5%) of the total amount due, together with an interest rate of one and one-half percent (134%) of the total amount due or the maximum legal rate allowed by law, whichever is less. Customer shall pay a $20.00 service charge on any and all returned checks. Customer shall pay all collection expenses incurred by AIS, including but not limited to, court, attorneys and accounting fees, if required.

2. Taxes. Customer shall be responsible for all sales tax, use tax or other taxes (including without limitations personal property taxes assessable on the equipment) and fees charged relative to this agreement.

Customer agrees to reimburse AIS for all amounts paid or payable by AIS in discharge of the forgoing taxes. Customer shall not be responsible for taxes based on AIS's gross or net income.

3. Default. If Customer is in default of any term or condition, seller may cancel this agreement in whole or part at any time upon thirty (30) day's written notice, except that Vendor may not cancel this agreement if Customer cures the default within thirty (30) days after receipt of the written notice. If seller cancels the agreement the agreement will be prorated based upon the unused portion of the term of the agreement. Any amount due to seller will be invoiced and is payable upon receipt. Any amounts due to the customer will be applied to any unpaid invoices prior to refund.

4. Business Purpose. Customer warrants and represents that the goods will be used for business purposes, and not for personal, family, or household purposes.

S. Availability: If parts become unavailable for discontinued equipment, seller reserves the right to delete said equipment in accordance with the terms of this agreement.

6. Delivery and Installation. Seller shall choose the method of delivery; seller reserves the right to deliver the goods in installments. Customer will pay an invoice when due, without regard to delivery or non -delivery of subsequent installments. Delay in delivery of any installments shall not relieve customer of its obligations to accept remaining installments. Equipment shall be installed in accordance with manufacture's specification. Customer will bear all costs and expenses for any additional necessities required for installation such as telephone and electrical wiring, remodeling, and noise and power filters. Any electrical work external to the equipment (i.e. associated peripheral equipment, power, transmission and phone lines) and equipment line cord is not covered by this agreement.

7. Title, Identification and risk of loss. The goods shall be identified to the contract, and risk of loss shall pass to customer when the Customer takes possession of the goods. For goods purchased outright, title will pass to customer upon payment in full. For goods purchased on an installment payment basis title will Pass to customer on the installation date.

8. Security Interest. Seller expressly reserves a security interest in the goods until payment in full has been collected and customer agrees to notify seller prior to relocation of any goods for which seller has a security interest.

9. Warranties. Seller warrants and represents that the goods and services of all new copiers and facsimiles sold by AIS will conform to the description and specification and be free from defects in material and workmanship for ninety- (90) days from the date of this purchase. Within this period AIS will repair said equipment without charge for parts and labor. This ninety-(90) day period will not cover supplies normally covered under the AIS maintenance agreement unless the contract for the maintenance agreement is signed at the point of sale. A $125.00 per hour fee will apply to all service calls regardless of service needed outside of the maintenance agreement with an upfront one-(1) hour minimum.

10. Seller. Makes no warranties whatsoever express or implied with regard to the equipment, service, the software included with the product or its installation and maintenance, and expressly excludes all implied warranties of merchantability and fitness for a particular purpose, other than the warranties expressly stated herein.

11. [Intentionally Blank.]

12. Seller shall only be responsible for actual damages, and shall under no circumstances be liable for any special, exemplary, punitive, incidental or consequential damages regardless of the cause.

13. Remedy Limitations. The goods shall not be returned to seller for credit without seller's written consent. No credit will be given after fourteen-(14) days from the date of the invoice. All returns for credit within fourteen-(14) days are subject to up to a 20% restocking fee. All costs of return shall be the responsibility of the customer. Customer's exclusive remedy for breach of warranty shall be replacement or repair of the item or non -conforming parts at the option of seller. Customer expressly waives its rights to special, consequential, exemplary, and incidental or punitive damages.

14. Warranty Service. To obtain warranty service, customer must (1) call seller's Customer Service at (702)951-4247(option N 3). Customer should package all goods to be returned in manner adequate for pickup or shipping, and should properly insure the goods when shipped. The goods will be returned to and from customer by method and carrier chosen by seller. A $125.00 per hour fee will apply to all service calls regardless of service needed outside of the maintenance agreement with an upfront one-(1) hour minimum.

15. [Intentionally Blank.)

16. Remedial Maintenance. During the term of this agreement AIS agrees to perform the maintenance and repair that will keep the equipment in good working order and condition, normal wear and tear included. If AIS is notified by a customer during the term of the agreement that the equipment is not in good working condition, AIS will, during AIS's established service hours make necessary adjustments and repairs including replacement of parts, or replace the equipment versus repair at AIS's option. AIS's service hours are 8:OOam to S:OOpm Monday thru Friday Pacific Time, excluding holidays. AIS may from time to time adjust these hours as may be required in the course of business, at which time the customerwill be advised. Service at times otherthan AIS established hours may be furnished on "as available basis" at published rates then in effect. Replacement parts may have been used and/or reconditioned. Parts that have been replaced will remain the property of AIS.

17. Advanced Image Care. AIS will replace without charge, parts which have been broken or worn through normal use and are necessary to machine servicing and maintenance adjustments, including consumables such as toner, developer, drums and fuser rollers within the limits of their suggested yield. (Paper and Staples are excluded). Additional toner requested beyond 125%of manufacturer's specifications is subject to additional charges.
18, Customer Responsibility. Customer will be responsible forthe daily care and cleaning of the top glass, dusting equipment, replenishing toner, replacing disposal tank, clearingjams, reporting meter reads, etc., where applicable). It is the customer's responsibility to provide a key operator who shall be responsible for normal operator functions listed above. In addition, it is the customers responsibility to provide AIS with meter readings as needed. If current meter reading is NOT submitted to seller, AIS will use an estimated meter reading based on service history for billing period. An image is defined as a standard 834x 11 single sided print.

19. Customer agrees that AIS will not be held accountable to make adjustments, repairs or replacements if AIS is not provided reasonable access to the equipment.

20. Assignment. This agreement shall not be assigned by customer without seller's express written consent. In the event that seller assigns any of its obligations under this agreement, seller shall remain primarily responsible to perform those obligations. Any claim or defense customer may have relating to those obligations must be asserted on or against seller and not its assignee.

21. Notices. All notices required to be given under this agreement shall be in writing and shall be sent by U.S. first class mail to the parties at the address listed on the front of this agreement.

22. (Intentionally Blank.]

23. Seller. Shall indemnify customer against any costs, losses, damages or liability incurred by customer as the result of any third party's claim of infringement of its patent, copyright trademark which claim arises out of the use of the product by customer. Customer shall immediately notify seller in writing of such claim or demand. Seller shall have the sole right to control, and defense, thereof, and customer agrees that it will not settle any such claim against itself without the prior written consent of seller. Provided however, that seller shall not indemnify customer with respect to any claim relating to product(s) which is/are manufactured according to customers instructions, or modified by customer or combined with other non -seller products, equipment, systems and/or processes, Failure of customer to provide timely notification of claim to seller shall relieve seller of its obligation to indemnify customer.

25. Force Majeure. Neither party shall be responsible for delays or failure in performance of this agreement (other than failure to make payment) to the extent that such party was hindered in its performance by act of god, abuse, misuse, excess of voltage or power surges, repairs other than those provided by AIS authorized personnel, civil commotion, labor dispute, or any other occurrence beyond its reasonable control.

26. Severability. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable form this agreement and shall not affect the validity and enforceability of the remaining provisions ofthis agreement.

27. (Intentionally Blank.]

28. Seller's Agents. Customer acknowledges that it has been advised that no agent, employee, or representative of seller has any authority to bind seller to any affirmation promise, representation, or warranty concerning any goods and services, and unless such affirmation, promise, representation, or warranty is specifically set forth in this agreement it does not form a basis of this bargain and shall not be enforceable against seller.

29. Customer Documentation. Customer agrees that any purchase order or other documentation issued to sellercovering the goods or services is issued for purposes authorization and customer's internal use only, and any conditions contained therein shall not modify or add to the terms and conditions of this agreement.

30. Acceptance. This agreement and its terms and conditions shall not take effect until accepted and executed by an authorized seller representative.

31. Entire Agreement. This instrument, the attached Addendum, and any attachments hereto, is the entire agreement between customer and seller and supersedes any proposal or prior agreement, oral written, and any other communications relating to the subject matter of this agreement. The terms and conditions of this agreement shall supersede any terms and conditions which may be contained on any purchase order or other document which may be issued by customer. This agreement shall not be binding unless and until accepted and approved by authorized seller representative.

32. PREVENTATIVE MAINTENANCE: AIS performs Preventative Maintenance in accordance with the Manufacture's recommended copy count cycles. These cycles are preprogrammed in your equipment your equipment for notification that Preventative Maintenance is required. The Customer agrees to notify AIS that the "Time for Preventative Maintenance" message has turned on in the display of the equipment as soon as possible. Failure to notify AIS as soon as possible or beyond 10%of the Preventative Maintenance cycle, may be cause for additional Service charges that would normally be covered under this agreement. i

AIS

ONE COMPANY, MANY SOLUTIONS
371 Corporate Terrace Circle, Ste 101 Corona, CA 92879
Maintenance Agreement
Date 3/29/2022
Customer #
Representative Jay Afzali
City of Yucaipa
34272 Yucaipa Blvd
Yucaipa, CA 92399-2434
City of Yucaipa
34272 Yucaipa Blvd
Yucaipa, CA 92399-2434
Contact. Jennifer Crawford
Meter Contact:

Meter Methocd: Network / E-Mail / Fax/PrintFleet DCA
E-Mail/Fax 9097972489
9097909203
Install1lafion andService AgreementOptions: Appropriate categoriesmustbeinifialed 1 the Client inthe box to the lefto the option. ❑ Basic: Includes all parts and labor, excludes drums and supplies Advanced Image Care: Includes all parts, labor and supplies, except paper and staples ❑ Decline Maintenance: Current non agreement per call rate is up to $125 per hour with 1 hour minimum Contract Length (months): 60 Contract Start Date:

ITEM Base Rate Base Allowance Base Billed Overage Overage Billed BIW $ 0.005500 40,000 Monthly $ 0.005500 Quarterly
COLOR $ 0.029000 15,000 $ 0.029000
Scan $ - 65,000 S
TOTAL BASE FEE $ 655.00
If wide -format, billing is per Square foot
MakpJModel
TASKalfa 5054ci
Quantity
1 Serial Number
StartColor
10 Number 1131W Start Meter Meter
TASKalfa 5054ci
1 TASKalfa 5054ci
1 TASKalfa 5054ci
1 TASKalfa 9003i
1 TASKalfa 408ci
1 Ecos s M3645idn
1 By executing this agreement, I acknowledge that I have read and understand this agreement and I certify that I am authorized to execute this agreement on behalf of customer. Authorized signature acknowledges terms / conditions and expiration dates or meter readings. The terms and conditions on the face and reverse side of this agreement correctly set fourth the entire agreement between parties.

CUSTOMERE' REPRESENTATIVE
Authorized Signature Date Prim Name Title ignature Date -19-

Advanced Imaging Solutions Terms and Conditions

1. Acceptance by AIS of contract: References made to "AIS" shall mean Advanced Imaging Strategies. Machines sold by AIS are eligible for a service contract immediately upon the expiration of the warranty period.

If service contract is requested at any other time, machine must first be inspected by AIS. Customer shall bear any and all costs necessary to bring machine up to specifications. Machines not sold initially by AIS which are accepted for a service contract after inspection is not covered for parts the first 45 days. Invoices shall be due and payable by the customer for all equipment, accessories, supplies or maintenance purchased pursuant to this agreement (The "Goods and Services"), within the time period specified on the front side of this document. Customer shall pay all applicable sales tax, installation and freight charges. If customer fails to make any payment when due, there will be a service charge of five percent (5%) of the total amount due, together with an interest rate of one and one-half percent (134%) of the total amount due or the maximum legal rate allowed by law, whichever is less. Customer shall pay a $20.00 service charge on any and all returned checks. Customer shall pay all collection expenses incurred by AIS, including but not limited to, court, attorneys and accounting fees, if required.

2. Taxes. Customer shall be responsible for all sales tax, use tax or other taxes (including without limitations personal property taxes assessable on the equipment) and fees charged relative to this agreement.

Customer agrees to reimburse AIS for all amounts paid or payable by AIS in discharge of the forgoing taxes. Customer shall not be responsible for taxes based on AIS's gross or net income.

3. Default. If Customer is in default of any term or condition, seller may cancel this agreement in whole or part at any time upon thirty (30) day's written notice, except that Vendor may not cancel this agreement if Customer cures the default within thirty (30) days after receipt of the written notice. If seller cancels the agreement the agreement will be prorated based upon the unused portion of the term of the agreement. Any amount due to seller will be invoiced and is payable upon receipt. Any amounts due to the customer will be applied to any unpaid invoices prior to refund.

4. Business Purpose. Customer warrants and represents that the goods will be used for business purposes, and not for personal, family, or household purposes.

S. Availability: If parts become unavailable for discontinued equipment, seller reserves the right to delete said equipment in accordance with the terms of this agreement.

6. Delivery and Installation. Seller shall choose the method of delivery; seller reserves the right to deliver the goods in installments. Customer will pay an invoice when due, without regard to delivery or non -delivery of subsequent installments. Delay in delivery of any installments shall not relieve customer of its obligations to accept remaining installments. Equipment shall be installed in accordance with manufacture's specification. Customer will bear all costs and expenses for any additional necessities required for installation such as telephone and electrical wiring, remodeling, and noise and power filters. Any electrical work external to the equipment (i.e. associated peripheral equipment, power, transmission and phone lines) and equipment line cord is not covered by this agreement.

7. Title, Identification and risk of loss. The goods shall be identified to the contract, and risk of loss shall pass to customer when the Customer takes possession of the goods. For goods purchased outright, title will pass to customer upon payment in full. For goods purchased on an installment payment basis title will pass to customer on the installation date.

S. Security Interest. Seller expressly reserves a security interest in the goods until payment in full has been collected and customer agrees to notify seller prior to relocation of any goods for which seller has a security interest.

9. Warranties. Seller warrants and represents that the goods and services of all new copiers and facsimiles sold by AIS will conform to the description and specification and be free from defects in material and workmanship for ninety- (90) days from the date of this purchase. Within this period AIS will repair said equipment without charge for parts and labor. This ninety-(90) day period will not cover supplies normally covered under the AIS maintenance agreement unless the contract for the maintenance agreement is signed at the point of sale. A $125.00 per hour fee will apply to all service calls regardless of service needed outside of the maintenance agreement with an upfront one-(1) hour minimum.

10. Seller. Makes no warranties whatsoever express or implied with regard to the equipment, service, the software included with the product or its installation and maintenance, and expressly excludes all implied warranties of merchantability and fitness for a particular purpose, other than the warranties expressly stated herein.

11. (Intentionally Blank.)

12. Seller shall only be responsible for actual damages, and shall under no circumstances be liable for any special, exemplary, punitive, incidental or consequential damages regardless of the cause.

13. Remedy limitations. The goods shall not be returned to seller for credit without seller's written consent. No credit will be given after fourteen-(14) days from the date of the invoice. All returns for credit within fourteen-(14) days are subject to up to a 20% restocking fee. All costs of return shall be the responsibility of the customer. Customer's exclusive remedy for breach of warranty shall be replacement or repair of the item or non -conforming parts at the option of seller. Customer expressly waives its rights to special, consequential, exemplary, and incidental or punitive damages.

14. Warranty Service. To obtain warranty service, customer must (1) call seller's Customer Service at (702)951-4247(option # 3). Customer should package all goods to be returned in manner adequate for pickup or shipping, and should properly insure the goods when shipped. The goods will be returned to and from customer by method and carrier chosen by seller. A $125.00 per hour fee will apply to all service calls regardless of service needed outside of the maintenance agreement with an upfront one-(1) hour minimum.

15. [Intentionally Blank.)

16. Remedial Maintenance. During the term of this agreement AIS agrees to perform the maintenance and repair that will keep the equipment in good working order and condition, normal wear and tear included. If AIS is notified by a customer during the term of the agreement that the equipment is not in good working condition, AIS will, during AIS's established service hours make necessary adjustments and repairs including replacement of parts, or replace the equipment versus repair at AIS's option. AIS's service hours are 8:OOam to S:OOpm Monday thru Friday Pacific Time, excluding holidays. AIS may from time to time adjust these hours as may be required in the course of business, at which time the customer will be advised. Service at times other than AIS established hours may be furnished on "as available basis" at published rates then in effect. Replacement parts may have been used and/or reconditioned. Parts that have been replaced will remain the property of AIS.

17. Advanced Image Care. AIS will replace without charge, parts which have been broken or worn through normal use and are necessary to machine servicing and maintenance adjustments, including consumables such as toner, developer, drums and fuser rollers within the limits of their suggested yield. (Paper and Staples are excluded). Additional toner requested beyond 12S%of manufacturer's specifications is subject to additional charges.

18. Customer Responsibility. Customer will be responsible for the daily care and cleaning of the top glass, dusting equipment, replenishing toner, replacing disposal tank, clearing jams, reporting meter reads, etc., where applicable). It is the customer's responsibility to provide a key operator who shall be responsible for normal operator functions listed above. In addition, it is the customer's responsibility to provide AIS with meter readings as needed. If current meter reading is NOT submitted to seller, AIS will use an estimated meter reading based on service history for billing period. An image is defined as a standard 8 34 x 11 single sided print.

19. Customer agrees that AIS will not be held accountable to make adjustments, repairs or replacements if AIS is not provided reasonable access to the equipment.

20. Assignment. This agreement shall not be assigned by customer without seller's express written consent. In the event that seller assigns any of its obligations under this agreement, seller shall remain primarily responsible to perform those obligations. Any claim or defense customer may have relating to those obligations must be asserted on or against seller and not its assignee.

21. Notices. All notices required to be given under this agreement shall be in writing and shall be sent by U.S. first class mail to the parties at the address listed on the front of this agreement.

22. [Intentionally Blank.]

23. Seller. Shall indemnify customer against any costs, losses, damages or liability incurred by customer as the result of any third party's claim of infringement of its patent, copyright trademark which claim arises out of the use of the product by customer. Customer shall immediately notify seller in writing of such claim or demand. Seller shall have the sole right to control, and defense, thereof, and customer agrees that it will not settle any such claim against itself without the prior written consent of seller. Provided however, that seller shall not indemnify customer with respect to any claim relating to product(s) which is/are manufactured according to customers instructions, or modified by customer or combined with other non -seller products, equipment, systems and/or processes, Failure of customer to provide timely notification of claim to seller shall relieve seller of its obligation to indemnify customer.

25. Force Majeure. Neither parry shall be responsible for delays or failure in performance of this agreement (other than failure to make payment) to the extent that such party was hindered in its performance by act of god, abuse, misuse, excess of voltage or power surges, repairs other than those provided by AIS authorized personnel, civil commotion, labor dispute, or any other occurrence beyond its reasonable control.

26. Severability. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable form this agreement and shall not affect the validity and enforceability of the remaining provisions of this agreement.

27. [Intentionally Blank.]

28. Seller's Agents. Customer acknowledges that it has been advised that no agent, employee, or representative of seller has any authority to bind seller to any affirmation promise, representation, or warranty concerning any goods and services, and unless such affirmation, promise, representation, or warranty is specifically set forth in this agreement it does not form a basis of this bargain and shall not be enforceable against seller.

29. Customer Documentation. Customer agrees that any purchase order or other documentation issued to seller covering the goods or services is issued for purposes authorization and customer's internal use only, and any conditions contained therein shall not modify or add to the terms and conditions of this agreement.

30. Acceptance. This agreement and its terms and conditions shall not take effect until accepted and executed by an authorized seller representative.

31. Entire Agreement. This instrument, the attached Addendum, and any attachments hereto, is the entire agreement between customer and seller and supersedes any proposal or prior agreement, oral written, and any other communications relating to the subject matter of this agreement. The terms and conditions of this agreement shall supersede any terms and conditions which may be contained on any purchase order or other document which may be issued by customer. This agreement shall not be binding unless and until accepted and approved by authorized seller representative.

32. PREVENTATIVE MAINTENANCE: AIS performs Preventative Maintenance in accordance with the Manufacture's recommended copy count cycles. These cycles are preprogrammed in your equipment your equipment for notification that Preventative Maintenance is required. The Customer agrees to notify AIS that the "Time for Preventative Maintenance" message has turned on in the display of the equipment as soon as possible. Failure to notify AIS as soon as possible or beyond 10%of the Preventative Maintenance cycle, may be cause for additional Service charges that would normally be covered under this agreement. -20-

AIS
Addendum A (Changes To Maintenance Agreement Terms & Conditions) City of Yucaipa
Listed Scope of Work and Requirements from (RFP Attachment A) as set forth in this Addendum A supersede Maintenance Agreement Terms and Conditions.

Maintenance agreement refers to Maintenance, Service and Support for the copiers throughout the contracted period.

Vendor as used herein refers to Advanced Imaging Strategies, also referred to as "AIS" and "Seller".

City as used herein refers to the City of Yucaipa, California, also referred to as "Customer".

Service Fixed with no uplifts for the duration of the service contract (5 years).

Maintenance and Supplies: Vendor shall provide guaranteed maintenance service, which includes all developer, toner, fuser, oil, drums finisher supplies, repair parts, labor and preventative maintenance services at the rates proposed herein for the duration of the lease/rental period. All costs shall be noted as a cost per Black and White copy/print and a cost per Color copy/print for service and supplies for each leased system excluding paper. Minimum availability of repair service shall extend Monday through Thursday, from 7:30 a.m. to 5:30 p.m.

Pacific Time for City Hall and Monday through Thursday, from 8:00 a.m. to 5:00 p.m. Pacific Time for the Community Center and Yucaipa Performing Arts Center, excluding City recognized holidays. Maximum Service response time shall not exceed four (4) hours. Units that are out of service for more than two (two) business days shall be replaced with a loaner device of equal or greater capabilities at no cost to the city. Proposer shall also include the number of technicians, who will be responding to service calls from the City, the qualifications of those technicians, and the location of the service headquarters for the City of Yucaipa in the proposal. An Estimated Time of Arrival (ETA) email message or return phone call from Technician will be within the first hour directed to the Information Systems Division staff.

Installation: The Vendor shall, prior to installation at any site for which an order has been issued, survey and review the proposed installation location to ensure that it meets the manufacturer's established installation criteria. Should the proposed installation location not meet established installation criteria, the City may terminate the order for that particular installation site without incurring any obligation or cost to the City or assessing any additional costs to Vendor. -21-

AIS
Network Installation: Vendor shall provide detailed instruction and requirements pertaining to network installation. Included in the instructions shall be a comprehensive evaluation of software and print driver (both Windows and Apple) requirement necessary for network compatibility and installation. Instruction shall be submitted for further review by the City's Information Services Division.

Replacement equipment proposed by Vendor(s):
• Must be compatible with Windows Server 2019 or later (64 bit) • Must be compatible with Windows 10
• Must be compatible with Apple OS 10.12 and later
• Must be able to setup and integrate with Active Directory • Ability to scan to email/network folder
• Compatible with Microsoft Adobe, Bluebeam & Autodesk programs • Admin setting/web portal configuration
Configuration Installation: Vendor shall set-up and configure the equipment provided in accordance with the workflow and output requirements of the City. The Vendor shall program the controller as required by the City to maximize the job management and control features available.

The Vendor shall make all necessary adjustments to the configuration settings as required over the term of the contract and allow City's Information Services Division full administrator rights to copiers.

Installation and Removal Charge: None
Invoicing: Vendor(s) shall prepare one monthly invoice for all equipment and shall include:
• Invoice date and number
• Purchase order number
• Separate location, make, model and serial number for each copier billing • Number of copies/prints invoiced
• Current and previous reading
• Date and meter reading
Invoice shall be submitted to:

City of Yucaipa
Attn: Finance/Accounts Payable
34272 Yucaipa Boulevard
Yucaipa, CA 92399
Delivery: All equipment will be delivered with 30 days of receipt of and approved purchase order.

Compliance with Law: Vendor is subject to and shall comply fully with all Federal, State, County, and local laws and regulation applicable to purchasing practices, wages, hours and condition of equal employment and nondiscrimination practices. -22-

Applicable Law / Venue: This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Yucaipa.

Attorneys' Fees: In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.

Product substitutions/Discontinuations: Products can be substituted with written city approval.

Automatic substitutions are not allowed. Vendor can withdraw its offering of a discontinued system any time.

Equipment Performance Guarantee: Copiers shall perform to the manufacturer's specifications for a minimum of 95% of the available work time. Any equipment that does not meet this standard for 30 workdays within the most recent 60 workdays during the contract period shall be replaced with an equal or better model with two (2) business days. Such replacement shall be at no additional cost to the city.
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AIS
Subcontract: Vendor may not subcontract any services without the city's written permission.

Non -Renewal and Extension: Vendor understands and agrees that there is no representation, implication, or understanding that the products/services provided by the Vendor will be purchased by the City under a new contract following and expiration or termination. Only by mutual agreement, and agreed upon pricing, may this contract be extended past the initial ending date.

Price Reductions: Reduction or Promotions in the price shall be effective upon receipt of written notification or amendment from the Vendor to the City and shall remain in effect for the balance of the term or established promotional period.

Certificate of Insurance:

The Vendor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the selected Vendor(s), his agents, representatives, employees or subcontractors.

Indemnification
The Vendor shall indemnify and save harmless the City of Yucaipa, the State of California, the County of San Bernardino and/or any incorporated city from all claims or suite for damages arising from the prosecution of the contract work. The Vendor agrees to protect, defend and indemnify the City of Yucaipa against loss, damage or expense by reason of any suit claims, demand, judgment and causes of action caused by the Vendor, its employees, agents or any subcontractor, or by any third party arising out of, or in consequence of, the performance of all, or any, operations covered by the Certificate of Insurance. The Vendor, at its option, may include such coverage under public Lability coverage.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

Insurance Services Office Commercial General Liability coverage [Occurrence Form CG0001] Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance.

Minimum Limits of Insurance
Vendor shall maintain limits no less than:

General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Employer's Liability: $1,000,000 per accident for bodily injury or disease.

Deductibles and Self -Insured Retentions
Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of the City, either: The insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteer; or the Vendor 4 -24-

AIS
shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigation, claim administration and defense expenses.

Other Insurance Provisions
The general liability policy shall contain, or be endorsed to contain, the following provisions:

The City, its officers, officials, employees and volunteers are to be covered as insured's with respect to liability arising out of work or operations performed by, or on behalf of, the Vendor including material, parts or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Vendor's insurance, or as a separate owner's policy.

For Any claims related to this project, the Vendor's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be in the excess of the Vendor's insurance and shall not contribute with it.

Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VIII.

Verification of Coverage
Vendor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

Inclusion of Current Equipment: In the event that any of the remaining (8) Sharp Machines listed on page 17RFP, Attachment C Section II become inoperable within (12) months from the inception of this agreement, AIS will provide a loaner(s) to accommodate the remainder of the 12-month term at no additional unit charge. Service for the loaner(s) will be billed at the contracted rates of .009 Black and white / .045 color.

Training: AIS to provide on -site training for key operators and general users on all (7) mfps upon delivery. AIS will also provide access to our extensive online tutorial videos for the length of the contract.

Ongoing training and refresher training will be available upon request from the sales representative. This training can be requested through the helpdesk or directly through the sales representative. -25-

Attachment A

CITY OF YUCAIPA

REQUEST FOR PROPOSAL (RFP)
The City of Yucaipa invites qualified and experienced companies (Vendors) to submit Proposals in response to this RFP for Copiers and Maintenance Services.

This RFP is set out in the following format:

SECTION I - Introduction and Instructions to Vendor(s)
SECTION II - Proposal Response Requirements
Attachment A, Scope of Work & Requirements
Attachment B, Cost Proposal Section
Attachment C, Current City of Yucaipa Equipment List
Attachment D, Declaration
Proposals are due by February 23, 2022 at 5 P.M. PT. Proposals must be submitted in sealed packages. See complete instruction in Section I, Item C.

All questions and inquiries related to contract terms and conditions and scope of work contained within this RFP must be directed to Jennifer Crawford at jrawford cLyucaipa.org with a subject header titled "Copier RFP questions". Please submit any questions on or before 5:00 p.m. on February 10, 2022. No later than 5:00 p.m. on February 15, 2022, the City will post responses to all questions received on the City website at https:// t� icaipa.orgibids-contracts/ - eBidboard and Planetbids. The identity of the Vendor asking the question will not be posted. The City does not expect to respond to inquiries received after February 10, 2022. In the event that the City chooses to respond to such inquiries, however, it will post the responses on the City website under Bids & Contracts - eBidboard and Planetbids. Vendors shall not contact other city personnel with any questions or clarifications concerning this RFP.

The City will initiate all official communication concerning this RFP. Any City response relevant to this RFP other than through, or approved by, the Assistant City Manager is unauthorized and will be considered invalid.
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TABLE OF CONTENTS
SECTION I: INTRODUCTION AND INSTRUCTIONS TO VENDOR(S)
A. Introduction
B. Proposed Time Schedule
C. Instructions to Respondent and Procedures for Submittal SECTION II: PROPOSAL RESPONSE REQUIREMENTS
A. Response Items:

1. Cover Letter

2. Company Data
B. Certificate of Insurance
C. Validity of Proposal
D. Certification of Understanding
E. Statement of Compliance
F. Resumes & Qualifications of Vendor's Personnel
G. References
H. Resources to be provided by the City
I. Evaluation Process and Criteria
J. Selection/Award Procedures
Attachment A: Scope of Work
Attachment B: Cost Proposal Section
Attachment C: Current Equipment Disposition
Attachment D: Declaration
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SECTION I: INTRODUCTION AND INSTRUCTIONS TO VENDORS
A. Introduction
The City of Yucaipa is soliciting qualified and experienced companies to submit a proposal for Copiers and Maintenance Services.

Vendors are expected to provide all the materials and services that will fulfill or exceed the requirements and conditions as set forth in this RFP.

B. Proposed Time Schedule
Following are key dates for this RFP. The City reserves the right to make modifications.

January 31, 2022
Initial distribution of RFP package
-February 10, 2022
Final question submittal date and time of 5:00 P.M. PT
February 15, 2022
Responses to Vendor questions posted on eBidboard and
Planetbids
-February 23, 2022
1 Proposal closing date and time of 5:00 P.M. PT
March 10, 2022
A
Evaluations of Proposals
April 11, 2022
Anticipated Award of Contract by City Council
C. Instructions to Vendors and Procedures for Submittal Proposals are to be properly identified on the outside and are due by 5:00 P.M. PT on February 23, 2022, and shall be delivered in a sealed package(s) to:

City of Yucaipa
Attn: Jennifer Crawford/Assistant City Manager
34272 Yucaipa Blvd.

Yucaipa, California 92399
Package(s) containing the proposal should be clearly marked with "Copier & Maintenance Services RFP". It is the responsibility of the Vendor to ensure timely delivery is made to the City of Yucaipa. Electronically transmitted submissions (Email or Fax) will not be accepted.

1. Proposals must be valid until February 23, 2023 from the Closing Date and Time for Receipt of Proposals. No Proposal may be withdrawn after the submission date.

2. Each Vendor must provide two (2) hard copies of its proposal and an electronic copy on a flash drive. Two copies are to be clearly marked as "original" on the outside cover.

3. All Proposals shall be submitted on standard 8.5 x 11-inch paper. All pages should be numbered and identified sequentially by section. Proposals must be tabbed and

indexed in accordance with the information requested in RFP. It is imperative that all Vendors responding to this RFP comply exactly and completely, to the instructions set forth herein. All responses to this RFP shall be typewritten or word -processed (except where otherwise provided or noted), concise, straightforward and must fully address each requirement and question. Although not as a substitute for a complete written response, additional material, such as technical documents may be referenced in any response if the material is included in the same section as additional information.

Unnecessarily elaborate brochures or other presentations beyond those sufficient. to present a complete and effective Proposal are not desired.

4. The Vendor's Proposal must not be marked as confidential or proprietary. The City may refuse to consider a Proposal so marked. Information in Proposals shall become public property and subject to disclosure laws. All Proposals shall become the property of the City. The City reserves the right to make use of any information or ideas in the Proposals.

5. By submitting a Proposal, the Vendor represents that it has thoroughly examined and become familiar with the work required under this RFP and that it is capable of providing and performing quality work to achieve the City goals.

6. Pre -contractual expenses are defined as expenses incurred by the Vendor in:
• Preparing its Proposal in response to this RFP;
• Submitting that Proposal to the City;
• Negotiating with the City any matter related to the Vendor's Proposal; and • Any other expenses incurred by the Vendor prior to the date of award and execution, if any, of the contract.

The City shall not, in any event, be liable for any pre -contractual expenses incurred by Vendor(s) in the preparation of their Proposal.

7. Each Vendor must submit its Proposal in strict accordance with all requirements of this RFP and compliance must be stated in the Proposal. Deviations, clarifications, and/or exceptions must be clearly identified and listed separately as alternative items for the City's consideration.

Each Vendor is encouraged to be responsive to the requirements stated in this RFP. If, however, any Vendor feels that it can offer substantial cost/benefit and/or performance advantages, the City of Yucaipa will consider and may accept alternate Proposals.

Alternate Proposals must specify how they deviate from the requirements and describe cost reduction or other benefits to be achieved. Alternate Proposals must meet or exceed the intent of the RFP's Attachments A and B and must be submitted as separate Proposals clearly marked "alternate " on the outside cover.

K2

9. After the Closing Date and Time for Receipt of Proposals, evaluation and proposal clarification will commence.

10. Vendors judged most responsive to the City's requirements may be asked to give a presentation of their Proposal to the City staff and other personnel at City's requests.

Selected Vendors should be prepared to make their presentation within five calendar days after notification and be prepared to discuss all aspects of their Proposals in detail, including technical questions regarding the Proposal if the City deems presentation(s) necessary.

11. In the event the City deems it necessary to clarify or make any changes to this RFP, these changes shall be made in the form of a written addendum authorized and issued only by the City and posted on the City's eBidboard and Planetbids.

12. The City reserves the right to negotiate modifications with any Vendor as necessary to serve the best interest of the City. Any Proposal may be rejected if it is conditional, incomplete or deviates from specifications in this RFP. The City reserves the right to waive, at its discretion, any procedural irregularity, immaterial defects, or other improprieties, which the City deems reasonably correctable or otherwise not warranting rejection of the Proposal. Any waiver will not excuse a proponent from full compliance.

13. Vendors shall utilize Attachment A to describe their approach to the Scope of Work and Attachment B to indicate costs.

14. The City reserves the right to:

Negotiate the final contract with any Vendor(s) as necessary to serve the best interest of the City of Yucaipa;
• Withdraw this RFP at any time without prior notice and, furthermore, makes no representations that any contract will be awarded to any Vendor responding to this RFP; or
• Award its total requirements to one Vendor or to apportion those requirements among two or more Vendors as the City may deem to be in its best interest.

In addition, negotiations may or may not be conducted with Vendors; therefore, the Proposal submitted should contain the Vendor's most favorable terms and conditions, since the selection and award may be made without discussion with any Vendor.
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SECTION II: PROPOSAL RESPONSE REQUIREMENTS
A. Response Items
Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content with sufficient detail to allow for accurate evaluation and comparative analysis. Responses must provide the required information in the following order for each underscored item: Vendors shall respond by repeating the section and sub -sections number(s) and statement/question and by providing the appropriate response hereunder.

1. Executive Summary
Responses to this RFP should include an executive summary, which should include a succinct description of the major features of the bid. The Executive Summary should not exceed three (3) pages in length and signed by the individual authorized in Attachment D — Declaration.

An unsigned submission is grounds for resection.

2. Table of Contents

3. Companv Data
Each Vendor shall submit the following information:

State the company's official name and address and the names and titles of its principal officers; indicate what type of entity, such as corporation, partnership, joint venture, sole proprietorship, etc. and indicate if the firm is incorporated;
ii. If the company is a sole proprietorship doing business under a different name, indicate the sole proprietorship's name and the name(s) you are doing or have done business as (DBA) or also known as (AKA); iii. Provide the company's Federal Employer I. D. Number; iv. Provide the name and address of the person to receive notices who is authorized to make decisions and represents the company. Specify in what capacity the person shall be representing the entity and any limitations to their authority;
V. Furnish the complete company's address for any mailed funds; -31-

vi. State any failures or refiisals to complete any contracts and a complete explanation;
vii. Indicate the number of years in business under the present company name; viii. Indicate the number of years of the company's experience in providing required, equivalent or related products and services;
ix. Submit a detailed statement indicating whether the company is totally or partially owned by another business organization or individual that will be providing the services to meet the requirements of the Proposal; and X. Submit a detailed statement indicating whether the company totally or partially owns any other business organization that will be providing the services to meet the requirements of the Proposal.

B. Certificate of Insurance
The Vendor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the selected Vendor(s), his agents, representatives, employees or subcontractors.

Indemnification
The Vendor shall indemnify and save harmless the City of Yucaipa, the State of California, the County of San Bernardino and/or any incorporated city from all claims or suite for damages arising from the prosecution of the contract work. The Vendor agrees to protect, defend and indemnify the City of Yucaipa against loss, damage or expense by reason of any suit claims, demands, judgments and causes of action caused by the Vendor, its employees, agents or any subcontractor, or by any third party arising out of, or in consequence of, the performance of all, or any, operations covered by the Certificate of Insurance. The Contractor, at its option, may include such coverage under Public Liability coverage.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

Insurance Services Office Commercial General Liability coverage [Occurrence Form CG000I].

Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance.

Minimum Limits of Insurance
Contractor shall maintain limits no less than:

General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Employer's Liability: 51,000,000 per accident for bodily injury or disease. -32-

Deductibles and Self -Insured Retentions
Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of the City, either: The insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions
The general liability policy shall contain, or be endorsed to contain, the following provisions:

The City, its officers, officials, employees and volunteers are to be covered as insured's with respect to liability arising out of work or operations performed by, or on behalf of, the Vendor including materials, parts or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Vendor's insurance, or as a separate owner's policy.

For Any claims related to this project, the Vendor's insurance coverage shall be primary insurance as respects the City, its officers, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the Vendor's insurance and shall not contribute with it.

Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VIII.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

C. Validity of Proposal
The Vendor shall state the length of time for which the submitted Proposal shall remain valid. The City requires a period of at least 365 calendar days.

D. Statement of Compliance
Include either a statement of compliance with all parts of this RFP and/or a listing of exceptions and suggested changes, along with any cost impact and schedule changes.

1. Proposal must certify either (i.) or (ii.) below:
i. This Proposal is in compliance with said Request for Proposal information on Attachments A, B, and C.
-33-

ii. This Proposal is in compliance with said Request for Proposal information on Attachments A, B, and C except for those proposed exceptions listed in a separate attachment hereto.

2. The attachment must include, for each proposed exception:
i. The suggested rewording;
ii. Reasons for submitting the proposed exception; and
iii. Any impact the proposed exception may have on cost, scheduling, or other areas.

E. Resumes and Oualifications of Vendor's Personnel
Vendor shall provide the resumes of the project manager and key personnel who will be assigned to this project. Resumes shall contain information relating to each person's education, experience or training in the area covered within this proposal.

F. References
The Vendor shall include at a minimum of three (3) references, preferably with California governmental agencies. Other references will be considered. References must include the name of the client/agency, contact information (name, phone number and/or email address) and the dates the services were provided.

G. Resources to be provided by the Citv
The Vendor must list any resources, City assistance, or other items expected to be provided by the City.

H. Evaluation Process and Criteria Process
Evaluation of the proposals shall be based upon a competitive selection process. The evaluation of the proposals will not be limited to price alone. • Clarity of Proposal.
• Demonstrated success in similar projects; particular attention will be paid to proposals from Vendors with experience implementing copier services for municipalities.
• Responsiveness of the proposal to the City's goals & scope of work. • Indication of timely maintenance response & Service Center location. • Technical ability, capacity, and flexibility of the Vendor(s) to perform the scope of work.
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I. Selection/Award Procedures
Based on proposals received in response to this RFP, it is the intent of City staff to recommend one or more contracts awarded to the most responsive, highest quality, and lowest price Vendor(s). The contract(s) may be awarded by the City Manager, if the amount is within his or her contracting authority, or the City Council. The contract award will be to the Vendor(s) offering the proposal most advantageous to the City as determined by the City in its sole discretion, with price and other factors considered. This RFP does not in any way limit the City's right to solicit contracts for similar or identical services, if, in the City's sole and absolute discretion, it determines proposals received are inadequate to satisfy its needs.

The issuance of this RFP does not constitute an agreement by the City that any contract will be awarded. The City expressly reserves the right at any time to:

1. Waive or correct any defect or informality in any response, proposal, or proposal procedure;

2. Reject any or all proposals;

3. Cancel and/or re -issue this RFP;

4. With notice, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for services to be provided under this RFP, or requirements for contents or format of the proposals;

5. Procure any services specified in this RFP by any other means;

6. Determine that no contract will be awarded; or

7. Retain all proposals and to use any ideas presented in a proposal regardless of whether a proposal is selected.

By submitting a response to this RFP, Vendor(s) waive all right to protest or seek legal remedies whatsoever regarding any aspect of this RFP.
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ATTACHMENTS A, B, C AND D
FOR
RFP - COPIERS :AND MAINTENANCE SERVICES
-36-

ATTACHMENT A

SCOPE OF WORK AND REQUIREMENTS
Announcement: The City of Yucaipa, California is looking for opportunities to update our existing copier fleet and is inviting qualified Vendor(s) to submit qualifications and proposals to lease or purchase multi -function copiers and associated maintenance services. The goal of the City is to develop a strong partnership with a Vendor(s) that will assist in achieving the following key objectives:
• Reduce the City's printing costs
• Receive responsive Customer Service and Customer Support • Evaluate and recommend print/copy/scan flow improvements • Minimize downtime and maintenance calls
• Copiers that provide user-friendly interface
Required Services: The City will consider 60-month lease contracts that include delivery, setup, and removal of the unit at the end of the lease, or a straight purchase. Delivery and installation of all copiers is to be made within 30 calendar days after receipt of an executed contract unless a longer period is authorized in writing. An operator's manual, serial number and all pertinent information must be delivered with each machine. Each copier should have drivers that are compatible with both Windows and Apple computers.

The Vendor shall be responsible for the removal of the current copier equipment identified to be replaced (Attachment C — SECTION I & III). All hard drives and memory of current equipment shall be erased and removed as appropriate and destroyed in a manner acceptable to the City's Information Systems Division staff.

Future Intent: Attachment C identifies the City's current equipment list as follows:
• SECTION I — identifies 7 units that need to be replaced & disposed of. • SECTION II — identifies 8 units that need to be maintained and will be considered for review and potential replacement &/or disposed of in the next 12 months. • SECTION III — identifies 2 units that need to be disposed of.

Vendor Qualifications: Companies whose principal business is the sales and servicing of multi- function copiers and printers. They should be officially authorized by the manufacturer of the proposed equipment specified within this RFP to sell, support and service this equipment.

Documentation supporting this authorization must be included in the response to this RFP.

Pricing Terms: All pricing will be in effect for an initial 12-month period upon contract execution between City and selected Vendor(s).

Copier Minimum Standards: All copiers supplied will be new, U.L. approved, energy star compliant and of the latest product line. Demonstrator copiers are considered used and should be noted as such for the purpose of this proposal. Copiers must be able to produce clean, acceptable images using a minimum of 30% post -consumer waste recycled paper made for xerographic purposes. Please see Attachment C for current City equipment list. -37-

Security: All multifunction networkable devices will have security that meets or exceeds the most current Department of Defense Standards. Any deviation must be specifically identified and noted as the reason for non -participation. Vendor may provide a separate option in the proposal for disk overwrite as well as the security measure previously expressed.

Maintenance and Supplies: Vendor shall provide guaranteed maintenance service, which includes all developer, toner, fuser, oil, drums, finisher supplies, repair parts, labor and preventative maintenance services at the rates proposed herein for the duration of the lease/rental period. All costs shall be noted as a cost per Black and White copy/print and a cost per Color copy/print for service and supplies for each leased system excluding paper. Minimum availability of repair service shall extend Monday through Thursday, from 7:30 a.m. to 5:30 p.m.

Pacific Time for City Hall and Monday through Thursday, from 8:00 a.m. to 5:00 p.m. Pacific Time for the Community Center and Yucaipa Performing Arts Center, excluding City recognized holidays. Maximum service response time shall not exceed four (4) hours. Units that are out of service for more than two (2) business days shall be replaced with a loaner device of equal or greater capabilities at no cost to the City. Proposer shall also include the number of technicians who will be responding to service calls from the City, the qualifications of those technicians, and the location of the service headquarters for the City of Yucaipa in the proposal. All maintenance shall be performed by Vendor Qualified and Certified Technicians. An Estimated Time of Arrival (ETA) e-mail message or return phone call from Technician will be within the first hour directed to the Information Systems Division staff.

Installation: The Vendor shall, prior to installation at any site for which an order has been issued, survey and review the proposed installation location to ensure that it meets the manufacturer's established installation criteria. Should the proposed installation location not meet established installation criteria, the City may terminate the order for that particular installation site without incurring any obligation or cost to the City or assessing any additional costs to contractor.

Network Installation: Vendor shall provide detailed instructions and requirements pertaining to network installation. Included in the instructions shall be a comprehensive evaluation of software and print driver (both Windows and Apple) requirements necessary for network compatibility and installation. Instructions shall be submitted for further review by the City's Information Services Division.

Replacement equipment proposed by Vendor(s):
• Must be compatible with Windows Server 2019 or later (64 bit) • Must be compatible with Windows 10
• Must be compatible with Apple OS 10.12 and later
• Must be able to setup and integrate with Active Directory • Ability to scan to email/network folder
• Compatible with Microsoft Adobe, Bluebeam & Autodesk programs • Admin setting/web portal configuration
Configuration Installation: Vendor shall set-up and configure the equipment provided in accordance with the workflow and output requirements of the City. The Vendor shall program the controller as required by the City to maximize the job management and control features available. The Vendor shall make all necessary adjustments to the configuration settings as

required over the term of the contract and allow City's Information Services Division full admin. rights to copiers.

Installation and Removal Charge: None
Invoicing: Vendor(s) shall prepare one monthly invoice for all equipment and shall include:
• Invoice date and number
• Purchase Order number
• Separate location, make, model and serial number for each copier billing • Number of copies/prints invoiced
• Current and previous reading
• Date and meter reading
Invoices shall be submitted to:

City of Yucaipa
Attn: Finance/Accounts Payable
34272 Yucaipa Boulevard
Yucaipa, CA 92399
Delivery: All equipment will be delivered within 30 days of receipt of an approved purchase order.

Compliance with Law: Vendor is subject to and shall comply fully with all Federal, State, County, and local laws and regulations applicable to purchasing practices, wages, hours and conditions of equal employment and nondiscrimination practices.

Product Substitutions/Discontinuations: Products can be substituted with written city approval. Automatic substitutions are not allowed. Vendor can withdraw its offering of a discontinued system at any time.

Equipment Performance Guarantee: Copiers shall perform to the manufacturer's specifications for a minimum of 95% of the available work time. Any equipment that does not meet this standard for 30 workdays within the most recent 60 workdays during the contract period shall be replaced with an equal or better model within two (2) business days. Such replacement shall be at no additional cost to the city.

Subcontract: Vendor may not subcontract any services without the city's written permission.

Non -Renewal and Extension: Vendor understands and agrees that there is no representation, implication, or understanding that the products/services provided by the Vendor will be purchased by the city under a new contract following expiration or termination. Only by mutual agreement, and agreed upon pricing, this contract may be extended past the initial ending date.

Price Reductions: Reductions or Promotions in the price shall be effective upon receipt of written notification or amendment from the Vendor to the City and shall remain in effect for the balance of the term or established promotional period.

M

ATTACHMENT B

COST PROPOSAL SECTION
Proposal Content:

The following information must be submitted for the proposed system(s):

1. Each unit shall be priced individually with all proposed cost (equipment, service, etc.) itemized per unit.

2. Please submit quotes for the following options, the lease vehicle is at the Vendor's discretion:
a. Option 1: for 60-month S 1 Lease -to -Purchase with cost -per -copy maintenance contract, with billing based on actual monthly usage in arrears. b. Option 2: purchase of all equipment with a cost -per -copy maintenance contract, with billing based on actual monthly usage in arrears.

I Proposals are to include complete descriptive literature that indicate capabilities, features, and specifications of equipment proposed. Literature must contain information on electrical and space requirements, as well as provide the dimensions of the copiers with and without optional features. Measurements must include their maximum footprint widths, with optional features and paper cassettes attached.

4. A variance in speed from the equipment listed in Attachment C is acceptable. It is at the Vendor's discretion whether to propose a "like -for -like" or "best fit" proposal. "Best fit" proposals should be based on volume, also respecting the current unit speed.

5. Provide line -item pricing that matches Attachment C — SECTION I, that clearly identifies what the Vendor is proposing in place of current equipment. Vendor can also provide individual price sheets in addition to Attachment C in order to better state cost, options and functionality.

Also, please clearly address the following items and issues in your proposal:
• Copy of proposed purchase, lease and maintenance contract. • Upfront payments for the first or last month, if any. • "Off -hour" maintenance and service policy, availability, and timelines. • Additional fee on the first month, if any (e.g. document fee). • Service or trip charges for service calls, if any. (The City expects this to be SO) • Number of technicians who will be responding to service calls from the City, the qualifications of those technicians, and the closest location of the technical support office that will service the City of Yucaipa.
• Must provide access to copier graphical user interface for administrator duties. • Toner shipping fees, if any. (The City expects this to be SO) • Any software requirements for automated meter reads and supply ordering. • Equipment removal fee when the lease is up.
• Equipment removal fee when the equipment is bought out before the end of lease. • System replacement guarantee — customer's or the supplier's decision to replace.

• Describe the security process of deleting customer's information fiom used equipment upon expiration of lease before the equipment leaves the customer. Appropriate training and a manual on wiping out the Hard Drive and Memory should be provided. • User & administrator training.
• Supplemental information that may add to your proposal. • Toner cartridge return and recycling program.
-41-

ATTACHINIENT C

CURRENT CITY OF YUCAIPA EQUIPMENT LIST
INTERNET • • •
'LOCATION ADDRESS•. ..

SECTION I -CURRENT EQUIPMENT10:

Community Center
349000akGlenRd

D& DISPOSEDOF
MX-5110N
YES
120V
YES
3219
4395
Senior Center*
122021st St
MX-361ON
YES
120V
YES
72 48
City Hall Color Copier
(Planning)
34272 Yucaipa BlvdMX-3115N
7kharp
YES
120V
YES
2222
6175
City Hall Color Copier
(Admin)
34272 Yucaipa Blvd
Sharp
MX-2615N
YES
120V
YES
1285
3667
City Hall Reception
34272 Yucaipa Blvd
ISharp
MX-6402
YES
120V
YES
1260
City Hall Copy Room
(BW)
34272 Yucaipa Blvd
Sharp
MX-M1100
YES
120V
YES
22607
City Hall Finance
34272Yucaipa Blvd
Sharp
MX-1340013
YES
120V
YES
3294
SECTION•
YPAC Admin*
• BE INCLUDED
12062 California St

IN MAINTENANCE
MX-3071

CONTRACT
YES
120V
NO
309
533
YPAC Box Office*
12062 California St
!Sharp
harp
MX-8350W
YES
120V
NO
140
YPAC Chambers*
12062 California St
Sharp
MX-2616N
YES
120V
NO
6 5
YPAC AV*
12062 California St
Sharp
MX-6350W
IMX-2616N
YES
120V
NO
0 Incubator Downstairs
34282 Yucaipa Blvd
Sharp
YES
120V
NO
672
90 Incubator lJostairs
34282 Yucaipa Blvd
Sharp
MX-2616N
YES
120V
NO
602
1187
City Hall HR*
134272 Yucaipa Blvd
Sharp
MB-13350W
YES
120V
NO
504
City Hall Admin BW**
134272Yucaipa Blvd
I Sharp
I MX-13402P
YES
120V
NO
1096
SECTION•
City Hall Comm Dev
a •T BE REPLACED&
134272Yucaipa Blvd I Sharp MX-6400P

NEEDSTO
I YES

BE DISPOSED
120V
OF
NO 1892
City Hall Gen Services
134272Yucaipa Blvd
ISharp
I MX-6400P
I YES
I 120V
NO I 1691
* Lower counts due to site closures or reduced usage durning the pandemic **Relocate to 7th Street pool office
-42-

ATTACHMENT D

DECLARATION
The undersigned hereby declares: (1) they are authorized to negotiate with the City, (2) they have read the RFP and Attachments, (3) they understand the scope and requirements identified by the City and all of the cost of all necessary items for completion of this RFP are included in the prices quoted.

Respectfully submitted, Date:

Vendor Name:

Signature:

Address:

Email:

Business Phone:

Mobile Phone:

If a partnership, names of partners. If a corporation, names of *VENDOR is Vice -President and the Secretary or Assistant Secretary.

NATNIE ADDRESS
President or
I (we) hereby state and declare, under the penalty of perjury under the laws of California, that the representatives made herein are true and correct.

Executed: , 2022 at , California.
* By: *By
Title: Title:
*Please state whether the Vendor is an individual, a partnership, a corporation or an individual doing business under a fictitious name. If the Vendor is a corporation, the following is required:

1. Signatures of two corporate offices; or,

2. A certified copy of the corporation bylaws and a resolution of the Board of Directors which gives authority to the officers signing this declaration to execute contracts on behalf of the corporation. -43-

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