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HomeMy WebLinkAboutDynatouch Interactive Tech - Service and Support AgreementQUOTE ovnaTouch,ysozBroadway, San Antonio, Tx 78217 ������ (Harris K�����txr�� � ��^���� Kiosk uu«�x� ��u������ x�uxuu�� ��]�������� ���xuu ��� u�uK����Outdoor Free -Standing, Full Service (Credit Card, Check & Cash) Prepared For: James Dean, Utility Services Manager Quote Date: O8/24/2O City ofYakima Quote No: 2O2OD924-VBO2 <500578'6815 1 emni|jomeo.deon@yakimawm.Qov Prepared By: Vince Brown I vinoonLbrown@dynodnuch.comIo.(21O)828'83431u.(21U)838'O9D1 Tom Q/auonnI tum.g|ouuco@dynotouoh.uom Io.C210828'83431c.(21U)845'33D1 Proprietary Notice: This document includes information that shall not be disclosed outside the relationship between DynaTouch Corporation and the person, agency, or organization (the "Client") to which this document has been issued. This document shall not be duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate the information contained within. Variables Oty Tmta|#Kiooha 1 HordwareQPAoo 'PermaSeaInsert MagStripe Reader? Yes ' Check scanner? You Cash acceptance kit? Yea 'Cnad|epointdevice for broadband cellular service? No Software Options Include HUG Credit Card Payment Module? Yea Include HUG Check Payment Module? Yes Include HUG Cash Payment Module? Yes Include HUG Administration Portal? Yes Service & Support options Include On -Site Hardware Installation? Yes Include Telephone Support for HdwrInstallation byOthers? No Include On -Site Training? Yes Include VVebinarTraining? No Include On -Site Hardware Maintenance? Yes Include Antivirus, Security & Patch Management Services? No c.,_"^.o,../....c.P..".. zms c.,,.v.^.~.WA-HUG a=m,K...o.....m.^..sv...vv....~ n~1 v2*s0.....H, 10/5n020 p.,.1.o Pricing Options Kiosk Purchase w/ Annual Support Item Description HUG Bill Pay Kiosk Hdwr, Sftw & Support Package Configuration & Customization Services Implementation & Deployment Services Sub -Total For Base Period (Including Year 1 aintenance/Support) Years 2-5 aintenance/Support Total with 5-year aintenance/ uppo Qty 1 Unit Price 28, 710.00 7,030.00 12, 330.00 (Prices valid for 30 days from above date; does not include any applicable sales taxes.) Extended Estimated Delivery: 10-12 Weeks ARO (a firm delivery date will be confirmed upon receipt of order) Payment Terms: Net 30 Days CAGE: ORU33 J - DUNS: 05-852-5239 l CEC: 05-953-533-G I TAX ID: 74-2193178 DynaTouch is a fully -owned subsidiary of Harris Computer Corporation 28, 710.00 7,030.00 12,330.00 48,070.00 40,86.00 Copyright DynaTouch Crorpoatio„ 2019 Copy of Yak,m a WA -HUG Bias Pay K,o.k Outdoor Modal 5 Yee, W errancy - Qty 1 ..2/FS-0ot000r-H, 10/5/2020 C,,ridontlo Pe go 2 or Bill of Materials HUG Bill Pay Kiosk Description HUG Bill Pay Kiosk Hdwr, Sftw & Support Package Hardware (Freestanding Kiosk w/ 19" Touchscreen) Enclosure - Metal kiosk enclosure w/ durable, scratch resistant powdercoat finish - Standard powdercoat color (15 color choices) - 1 accent color (15 color choices) - Amplified dual -speaker sound system - Blade Series HVAC system - Hinged access door for servicing components - Lock and key entry - Concrete bolted base plate with separate locked compartment - All data and power cables, surge suppressors, vents, fans Components / Peripherals - 19" Daylight Readable, High Temp, Touch Display w/ Vandal Resistant Glass - Small form factor PC w/ high-speed Intel processor and Windows 10 Pro 64 bit - Bar code scanner (to scan bill stubs) - 80mm thermal receipt printer - Video camera (web cam) - 802.11 wireless connectivity Packing/Shipping/Handling - Packaging (for Continental U.S, delivery) - Shipping (Continental U.S., inside delivery) Overall Dimensions 70"H x 26"W x 27"D Hardware Options - PermaSeal Insert Mag Stripe Reader - Check scanner - Cash acceptance kit 1200 note bill validator High security lock w/ 2 ke s Secure locking box for cash handling Additional locking box for cash handling Cradle•oint device for broadband cellular service Software Software Subscriptions (Software as a Service) Payment Software HUG Credit Card Payment Module HUG Check Payment Module HUG Cash Payment Module HUG Administration Portal Kiosk Management Software TIPS Pro Plus (Kiosk. Client Module) TIPS Remote Monitoring Module Support Services Live Help Desk Support (Mon -Fri, 7am-7prn) Component Repair/Replacement On -Site Maintenance Support (CONUS) _ Proactive Remote Monitorin • Services Configuration & Customization Services GUI Configuration & CIS Integration Powered Each Kiosk ttw se. Almadv , ved to overate on govern dent networks! 0 Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Notes Included Included Included Included Not Included Included, Optional Included, Optional Included, Optional Included Included, Optional Included, O+tional Lot Included Cogyr,g., Corp."..„ 2019 Copy or WA -HUG Bu, Pay Kiosk O door Mode, 5 YearWarra„ty - Q y 1 2/FS-O.,door-H, 10/5/2020 Paga3or9 Includes an allowance for services to configure the HUG Bill Pay Kiosk for Client's payment flow process, as well tailor the solution to the specific CIS and Payment Processing providers. Should the system design and configuration requirements identified during the Requirements Definition effort exceed this allowance, additional charges may apply. A firm estimate will be provided in advance. Protect Kickoff & Preliminary Design Discussions Solution Design & Implementation Planning Customized. Skin (logo only) Customized Attract Loop Graphics (logo and color) CIS Integration Merchant Services Integration End -User Testing & Support Custom Content Options Customized Skin (Ioso and 1 accent color) Custom Attract Loop Graphics / Digital Signage Other (please specify) 1Kiosk Powdercoat & Signage Customization Non-Standard/Custom Powdercoat Color 1 Each 1 Each 1 Set(s) 1 Set(s) 1 Each 1 Each 1 Each 0_ Set(s) 0 Each 0 Each 0 Set(s) Not Included Services to Tailor Kiosk Signage Artwork Te Services to Create Custom Kiosk S PI na±e Artwork Implementation & Deployment Services Pre -Shipment Services o) 1 0 Set(s) Included, Optional Not Included Hardware/Software/Content Integration & Testing Antivirus, Secu y Patch Manemen Standard Kiosk) etup Services Site Survey by qualified technical representative Site Coordination by Project Manager Post -Shipment Services 1 0 Each Each 1 Site(s) 1 Site(s) On -Site Hardware Setup & Installation (Standard Kiosk, CONUS) 1 Return Trip Charge if Site Not Ready (CONUS) Telephone Support for On -Site Setup/Installation by Others On -Site Training by DynaTouch Profe. na Webinar Training by DynaTouch Professional Post -Installation Professional Services CONUS) 0 Not Included Each Included, Optional Each Not Included 0 Each Not Included 1 Each Included, Optional 0 Each 20 Hours Included, Optional Copyright Dy„eToPcn Corporatio., 2019 Copy orYakiR,a WA -HUG Bun Pay Knock Ou[tloor Model 5 Year Werrooty - Qty 1 „2/FS-O„tdoor-H, 10/5/2020 .,w amine 0 POP i Pogo 4 or ',tercet! technologies SERVICES & SUPPORT DynaTouch, 9901 Broadway, San Antonio, TX 78217 sales@dynatouch.com I www.dynatouch.com I (210) 828-8343 Implementation & Deployment Services Pre -Shipment Hardware/Software/Content Integration & Testing DynaTouch assembles, integrates and tests all kiosk and tablet hardware components in house, then installs all software and content prior to shipment. to assure plug -and -play readiness upon delivery. Pre -shipment services include, but are not limited to: • Installation of necessary hardware drivers, certificates, etc. • Installation of all peripheral devices • Installation of kiosk signage • Pre -installation hardware QA/QC • Pre -installation software/content QA/QC Project anagement & Site Coordination (Pre -Installation) A highly qualified, experienced team member will be assigned as Project Manager to ensure that your kiosks arrive on time and on budget. The Project Manager will work closely with the Program Manager to identify and document the details (graphical, technical and informational) required to provide the kiosk functionality you need. Upon finalizing the design and throughout the production phase, the Project Manager will coordinate activities of DynaTouch graphic designers, data entry personnel, hardware technicians, programmers, and assistive technology SMEs, to ensure that your kiosk meets or exceeds all requirements. The Project Manager will also provide site coordination with the local Client Site Manager, kiosk shipping company and kiosk installation technician, to include: 1) Advising Client on requirements for system installation 2) Verifying site readiness prior to installations, including Internet service 3) Coordinating schedules for on -site technicians, based on Client availability and preferences Kiosk Hardware Setup & Installation (Optional, Included) This option includes services to unpack and position the kiosk, validate unit is operational and perform diagnostics (no training included). The Client is responsible for establishing and confirming all network connections and completing other physical site preparations (power, network connections, etc.) by an agreed upon date. Telephone Support for Hardware Setup & Installation by Others (Not Included) This option includes telephone support from an experienced DynaTouch technician for setup and installation by others. On -Site Training by DynaTouch Professional (Optional, Included) This option includes on -site professional instruction by an experienced DynaTouch team member on how to use the TIPS administrative software included in the solution. If hardware is supplied by DynaTouch, training also includes instruction on the day-to-day upkeep and operation of system hardware. Webinar Training (Optional, Not Included) This option includes professional instruction by an experienced DynaTouch team member via webinar on how to use the TIPS administrative software included in the solution. Ongoing Support Services Standard Warranty All TIPS kiosks are delivered with a full -service (parts and labor) warranty on all hardware for a period of one (1) year from the date of shipment. Extended warranties are also offered and may be included in the price quote. All costs associated with the repair or replacement of hardware components are covered, including parts and labor, with the exception of damage due to improper use, vandalism or acts of nature. Non -covered repairs are subject to additional time -and -materials charges, based on prevailing rates. (NOTE: Does not include normal day-to-day upkeep and operation of the kiosk, including replenishing the printer paper supply, correcting paper jams, cleaning the monitor or other kiosk surfaces, etc.). Core Support Live Help Desk Support for Kiosk Software During the warranty or support service period, unlimited help desk support is provided, Monday -Friday (excluding major holidays), 7am- 6pm U.S. Central Time. Weekend or extended service coverage can be provided upon request. The DynaTouch Help Desk is staffed with experienced, top-level technical support representatives. Representatives will respond to faxes, emails, or voice messages as soon as possible after receipt, but no later than within four (4) business hours. In all cases, the DynaTouch team will proactively determine whether any problem resolution should be applied to other kiosks. Software Assprance/Maintena Software assurance/maintenance is provided for all TIPS software during the covered warranty, maintenance and/or subscription periods. Software updates/upgrades are provided as they are released. Subs ription to TIPS Cloud - Kiosk Administration Portal Password -protected web -based account where authorized administrators can submit problem notices, view system status, upload new attract loop graphics savers, manage authorized URLs, and view/print usage data. o System Status Data Processing & Reporting o Usage Data Processing & Reporting o Attract Loop Graphics Management o Authorized URL Editor Hardware Support Component Repair/Replacement Includes services to repair or replace any/all kiosk components supplied by DynaTouch during the warranty/maintenance period. Costs to resolve problems of any kind, including all parts, labor and other expense s are fully covered, with the exception of damage due to improper use, vandalism or acts of nature. Non -covered repairs are subject to additional time -and -materials charges, based on prevailing rates. Services do not include routine operation and upkeep of the system, such as cleaning the LCD, calibrating the touchscreen, replenishing the printer paper supply, correcting paper jams, etc. In cases where repair or replacement of equipment is not possible due to obsolescence, DynaTouch may opt to discontinue maintenance and refund all charges for the remaining term. In such cases, DynaTouch will propose and customer will have the option of upgrading obsolete equipment at an additional cost. On -Site Hardware Maintenance Support (U.S, Only1 If included in price quote, local technicians authorized by DynaTouch will provide on -site repair or replacement of covered components. On -site services are available for any customer site within a 25-mile radius of a major metropolitan area within the U.S. or other designated service area. On -site response by a DynaTouch technician or service affiliate is guaranteed within 12 business hours, 9 a.m. to 5 p.m. Central Time, Monday through Friday, excluding major holidays (morning calls responded to by next business day, afternoon calls on or before second business day following). Customer agrees to put forth reasonable efforts to help identify and, if possible, correct problems prior to dispatch of service personnel to the kiosk location, in order to expedite remediation. Depot Hardware Maintenance Suppoa If on -site services are not included (see above), components diagnosed as malfunctioning must be shipped prepaid, at customer expense, to our facility in San Antonio, Texas or other designated point of service. Most replacement parts are kept in stock, allowing for the repair or replacement to be completed and ready for return shipment within 1-2 days of receipt. Customer is required to pay inbound freight only; return freight by DynaTouch is included. Comprehensive telephone assistance and instructions and are provided in all cases. Proactive Remote Monitoring Services. If included in the price quote, DynaTouch Customer Service personnel will provide proactive services to monitor system uptime and operating status, and notify appropriate personnel if problems arise. Software Subscriptions (Software as a Service) & Hosting Services Includes annual renewal subscriptions for software and optional content modules, as well as hosting services for associated display, editing and reporting tools. Antivirus, Security & Patch Management DynaTouch installs all the latest operating system updates on new kiosk computers prior to shipment. Due to the ever -changing vulnerabilities associated with Microsoft operating systems, local kiosk administrator(s) are responsible for updating their installed kiosks with critical updates and service packs as they become available, in similar fashion to updates performed on other computers on their network. Because Clients often have their own preferences and/or enterprise licenses for antivirus protection, antivirus software is not included in the standard kiosk configuration. Although the kiosk is isolated from many of the usual vectors for infection (they don't receive e-mail or allow downloads, and only navigations to pre -approved websites are allowed), DynaTouch strongly recommends that antivirus software be installed on all kiosks. Owners/administrators are responsible for installing antivirus software themselves and ensuring that virus definition files are kept current. It is also important that the kiosk be protected by a suitable hardware or software firewall. This functionality is adequately provided by the Windows operating system. Terms & Conditions Delivery 8-12 weeks after receipt of deposit (see Payment section below) Delivery date will be confirmed upon receipt of order. Delivery date will be scheduled only after the initial payment has been received, as set forth in the within and foregoing Quote. Warranty DynaTouch hereby warrants that each component manufactured or supplied directly by DynaTouch will be free of defects in material and workmanship for a period of one (1) year after shipment (the ""Warranty Period""), with optional extended warranties offered (see Quote details). During the Warranty Period, if On -Site Maintenance Services are NOT included, Customer shall return defective parts to DynaTouch at Customer's expense. DynaTouch shall repair or replace any defective component within thirty (30) days of receipt, at DynaTouch's expense, including all return shipping expenses. Notwithstanding the foregoing, this warranty shall include, without limitation, all metal and plastic parts, fabrications, and formations whether or not a warranty is provided by the manufacturer, subcontractor, or supplier thereof. DynaTouch does not warrant any component supplied by customer or its suppliers. DynaTouch's warranty may be voided by misuse, accident, modification, unsuitable physical or operating environment, improper maintenance by Customer or Customer's service organizations, removal or alteration of part identification, or failure caused by a product for which DynaTouch is not responsible. Shipping Shipping of the kiosk(s) to the client site(s) is included in the within and foregoing Quote. Upon non -renewal or termination, the Customer may be responsible for any return shipping costs. Limitation of Liability DynaTouch and Customer recognize that circumstances may arise entitling the Customer to damages for breach or other fault on the part of DynaTouch arising from this Agreement. The parties agree that in all such circumstances the Customer's remedies and DynaTouch's liabilities will be limited as set forth below and that these provisions will survive notwithstanding the termination or other discharge of the obligations of the parties under this Agreement. i. BOTH PARTIES AGREE THAT DYNATOUCH'S ENTIRE LIABILITY (UNDER CONTRACT OR IN TORT INCLUDING FUNDAMENTAL BREACH, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), IF ANY, FOR ANY DAMAGES RELATING TO OR ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE FEES PAID TO DYNATOUCH BY THE CUSTOMER UNDER THIS AGREEMENT. ii. IN ADDITION TO THE FOREGOING, DYNATOUCH SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST REVENUE OR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR COST OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF CUSTOMER HAS BEEN ADVISED OF THE LIKELIHOOD OF THE OCCURRENCE OF SUCH LOSS OR DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. iii. CLAUSES (i) AND (ii) SHALL APPLY IN RESPECT OF ANY CLAIM, DEMAND OR ACTION BY A PARTY IRR ESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM, DEMAND OR ACTION, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, RESCISSION OF CONTRACT, OR TORT. iv. UNDER NO CIRCUMSTANCES WILL DYNATOUCH BE RESPONSIBLE FOR ANY SERVICES RELATED TO THE RECEIPT OF CASH FROM CUSTOMERS (INCLUDING THE QUALITY OF BILLS TENDERED) OR ITS REMOVAL VIA ARMORED CAR OR OTHERWISE. Software Rights Granted and Reserved The right to use any software provided by DynaTouch (the "Software") is pursuant to the following conditions: 1. The Software may be used by the Customer only as specifically provided in this Agreement or in a writing signed by DynaTouch. 2. Customer shall use the Software as provided and shall not (i) modify for any purpose other than in connection with Customer's primary business or operations; (ii) disassemble, decompile, reverse engineer, defeat license encryption mechanisms, or translate any part of DynaTouch Software, or otherwise attempt to reconstruct or discover the source code of the Software except and only to the extent that applicable law expressly permits, despite this limitation; (iii) modify or create derivative works of DynaTouch Software; (iv) rent, lease, lend, or use the Software for time-sharing or bureau use or to publish or host platform for others to use; or (v) take any actions that would cause the Software or to become subject to any open source or quasi -open source license agreement. Customer shall be wholly liable to DynaTouch for any misuse of the Software. 3. DynaTouch Software is licensed, not sold. Customer acknowledges that the Software, and all copies thereof and trade secrets and other intellectual property rights related thereto, are and shall remain the sole and exclusive property of DynaTouch. Except as expressly permitted herein, Customer agrees not to disclose or otherwise make available any part of the Platform to any third person. 4. Customer agrees to take reasonable and necessary precautions to secure and protect the kiosks and the Software. Customer shall defend, indemnity and hold harmless DynaTouch for any losses or damages caused by a failure of kiosk site security and criminal misconduct directed at or involving or impacting the kiosk(s). Payment 50% deposit due with order; balance due when ready to ship. We reserve the right to amend your payment terms if requested credit information is insufficient. Credit card purchases acceptable. DynaTouch accepts VISA and MasterCard. Credit card orders require full cardholder information at the time of placing an order. The Tender of Delivery Notice may be transmitted electronically. State resale license required for nontaxable purchases in the state of Texas. Return Policy All sales are final Late Charge If DynaTouch does not receive payment of said amount due by the due date, a late charge will be assessed beginning on that day and continuing each day thereafter until all amounts due are paid in full. The late charge will be the lesser of (a) maximum amount permitted by applicable law or (b) 1.75% per month, or 21% per annum, of the total of the Balance Due, whichever is less. aintenance Contracts All charges for maintenance contracts, regardless of the length of the contract, are due in full as of the effective date of the contract, unless arrangements are made for other payment terms prior to purchasing by calling 210-828-8343. Storage A storage fee of $50 per unit per month will be assessed starting 30 days after the Tender of Delivery Notice is sent. Return Check Charge DynaTouch will impose a $35 return check charge for all checks returned to us unpaid. Security Interests DynaTouch reserves a purchase money security interest in all products purchased to secure payment. You agree to cooperate with any filings necessary to protect such security interests, as and if requested. Default You are in default of this Agreement if you: (a) fail to pay the Balance Due by the due date, (b) breach any other term or condition of this Agreement, (c) have made a material misrepresentation or misstatement in the Application, financial statement or other document submitted to us in connection with this Agreement, (d) become the subject of a bankruptcy, receivership or other insolvency proceeding. If you default on this Agreement, we may (i) declare all amounts owed on this Agreement to be immediately due and payable, (ii) commence a collection action for all amounts owed on this Agreement, (iii) retain and/or repossess all goods purchased on this Agreement and otherwise foreclose and enforce our Security Interest in accordance with applicable law, (iv) exercise all other rights and remedies accorded to us by law. You agree to pay our costs of collection, including reasonable attorney's fees and expenses. Warranty Disclaimer: DYNATOUCH DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES OF ANY NATURE EXCEPT THOSE EXPRESSLY STATED HEREIN. DYNATOUCH WILL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, NOR FOR ANY DAMAGES OR DELAYS CAUSED BY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, LABOR PROBLEMS, SHORTAGE OF GOODS OR RAW MATERIALS, FIRE, FLOOD, WEATHER OR OTHER ACTS OF GOD. Credit Approval This Agreement shall not be effective and binding on us and this Agreement shall not be active until such time as we have advised you it has been approved by our Accounting Office. Governing Law This Agreement is governed by and construed in accordance with the laws of the State of Texas. Venue for any action relating to this Agreement shall be the County of Bexar, State of Texas. Assignment DynaTouch may not sell, assign and/or transfer any or all of this Agreement or any balances due thereunder without your consent which consent shall not be unreasonably withheld. You may not sell, assign or transfer your Obligation without DynaTouch's consent which consent shall not be unreasonably withheld Entire y;reement This Agreement constitutes the entire agreement between you and DynaTouch and supersedes all of our prior written and oral agreements and understandings relating to the subject. DynaTouch, within this agreement is referred to as "DynaTouch" and the words "you" and "your" refer to the Customer for which this quote is being processed. This Agreement will not be interpreted more favorably for or against a party on account of drafting. City of Yakima Signature:"iu ra Name: Title: Date: DynaTouch Signature: Name: Tom Glassco Title: Vice President Date: 10/13/2020 Ship To (Please Complete) n ntiC-es —C ort yck, 1 CITY CONTRACT NO RESOLUTION NO: 0