HomeMy WebLinkAboutHewlett Packard (HP) - HP Managed Print Services and Statement of Work HP MANAGED PRINT SERVICES AND STATEMENT OF WORK
This HP Managed Print Services and Statement of Work ( "SOW ") is made on the Effective Date specified below between HP Inc. ( "HP ") and the customer
named below ( "Customer") and applies to Customer's purchases and HP's provision of managed print and support services (the "Services ") from HP. This
SOW is govemed by and subject to the State of Washington Participating Addendum #02012 to the WSCA NASPO New Mexico MPS agreement attached
hereto as Exhibit A (the "Agreement "). This SOW must be signed by both parties to be effective. Capitalized terms not defined herein are defined in the
Agreement.
TERM: 36 MONTHS
HP WILL PROVIDE SUPPORT WHICH INCLUDES THE FOLLOWING:
® Toner Cartridges ® Response Time - See Exhibit B Z Detailed Usage Reports
® Maintenance Items Z Cleanings at Every Technician Visit ® Dedicated Account Manager
PRICING SCHEDULE
SUPPORT RATES FOR THE VARIOUS DEVICES ARE AS FOLLOWS:
, MODEL • TYPE ' RATE PROG. MODEL. ,.TYPE • RATE PROG I
HP 3600 Mono $0.0233 MPS HP 3600 Color $0.1206 MPS
HP 3700 Mono $0.0302 MPS HP 3700 Color $0.1122 MPS
HP 4700 Mono $0.0181 MPS HP 4700 Color $0.0678 MPS
HP 5500(s) Mono $0.0199 MPS HP 5500(s) Color $0.0785 MPS
HP CM1415 Mono $0.0441 MPS HP CM1415 Color $0.2096 MPS
HP CM2320 Mono $0.0330 MPS HP CM2320 Color $0.1235 MPS
HP CM3530 Mono $0.0191 MPS HP CM3530 Color $0.0895 MPS
HP CP2025 Mono $0.0330 MPS HP CP2025 Color $0.1235 MPS
HP CP3525 Mono $0.0193 MPS HP CP3525 Color $0.0895 MPS
HP M276 Mono $0.0411 MPS HP M276 Color $0.1770 MPS
HP M375/M475 Mono $0.0314 MPS HP M375/M475 Color $0.1591 MPS
HP M451 Mono $0.0314 MPS HP M451 Color $0.1591 MPS
HP M476 Mono $0.0199 MPS HP M476 Color $0.0942 MPS
HP M551 Mono $0.0178 MPS HP M551 Color $0.0888 MPS
Lexmark C54X Mono $0.0907 MPS Lexmark C54X Color $0.2231 MPS
Xerox 8560 Mono $0.0450 MPS Xerox 8560 Color $0.1740 MPS
HP 1320 Mono $0.0285 MPS HP 2300 Mono $0.0272 MPS
HP 4000/4050 Mono $0.0146 ES HP 4100(s) Mono $0.0195 MPS
HP 4200 Mono $0.0166 MPS HP 4250/4350 Mono $0.0130 MPS
HP 5000/5100 Mono $0.0233 MPS HP M127 Mono $0.0386 MPS
HP M401/M425 Mono $0.0230 MPS HP M601 Mono $0.0196 MPS
HP M602/M603 Mono $0.0129 MPS HP P2014/P2015 Mono $0.0203 MPS
HP P3015 Mono $0.0176 MPS HP P4014 Mono $0.0190 MPS
Lexmark E360 Mono $0.0381 MPS
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HP MANAGED PRINT SERVICES AND STATEMENT OF WORK
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SERVICE LEVEL DEFINITIONS (PROGI.
Managed Print Services (MPS): Includes toner cartridges, maintenance kits, parts and repairs.
Essential Support (ES): Includes toner cartridges, color maintenance items. Repair parts and labor are available at standard rates.
Support programs also include cleanings at every service visit, a dedicated account manager and /or MPS consultant, detailed usage reports,
and phone support. Upon receipt of all supplies provided by HP under this Agreement, Customer shall be responsible for their safekeeping and
shall reimburse HP, at the then - current retail list price, for any supplies that are lost, stolen or damaged. Except to the extent that a specific
requirement is set out in this SOW, HP will manage the method and provision of the support programs in its sole discretion.
HP encourages Customer to use HP's cartridge return program for empty laser and ink cartridge disposal. See www.hp.com /recycle for
details.
Special note for HP Officeiet Pro commercial inkiet devices with cartridge carriages (DOES NOT APPLY TO THE OJP X series): Service pricing
allows for unit replacement (as a service part) for a maximum of 4 years from the device release /introduction date. After this time, Customer
will be responsible for device replacement. At HP's discretion, Customer may be issued a credit towards device replacement. NOTE:
Replacement devices are property of Customer (or the lease company) unless specifically identified by HP and shall remain under support for
the term of the original contract. Supplies will be shipped to Customer and it will be responsibility of Customer to replace the ink cartridges.
Response Times: HP offers four response times depending on locations:
HP Premium — Priority 2 -Hour Response with toner installation (available in limited markets only)
HP Priority — Priority 4 -Hour Response, toner drop ship
HP Advantage — Next Business Day Response, toner drop ship
HP Extended Reach — Depending on location, it may be greater than NBD response
TERM. TERMINATION & RENEWAL. The term of this SOW will begin on the SOW Effective Date and will continue for the Term indicated above. Rates
listed in the Pricing Schedule above are fixed for the initial Term of this SOW.
Notwithstanding any language in this Agreement to the contrary, Customer may terminate its obligations under this Agreement, or any extension thereof,
with ninety (90) day written notice, if sufficient appropriations and authorization are not made by the appropriate governing body to pay the amounts due.
Customer shall certify and provide evidence to HP of insufficient appropriations or authorization, which shall be accepted by HP and shall be final and
binding upon HP's receipt of such evidence. However, Customer agrees not to use insufficient appropriations or authorization as a means of terminating
this Agreement in order to acquire functionally equivalent services from a third party. If this Agreement is terminated for insufficient appropriations or
authorization, Customer agrees to pay HP for all Services performed, and any and all charges and expenses then due HP under this Agreement.
Customer may only terminate this Agreement in the event of HP's non - performance. HP will have thirty (30) days from Customer's written notice to cure
such concems. If HP's cure does not resolve Customer's concerns within the thirty (30) day period, this Agreement will terminate ninety (90) days after
the written notice was received.
This Agreement may not be cancelled for convenience by Customer. In the event of any early termination of this Agreement for any reason other than
HP's non - performance, HP, in its sole discretion, may assess Customer the number of impressions estimated to be remaining for the term of this Agreement
based on the most recent historical impression counts ( "Termination Penalty "). Upon termination of this Agreement, Customer will pay HP for all Services
performed, and all charges and expenses then due HP under this Agreement, including any applicable Termination Penalty.
HP reserves the right to terminate this Agreement at any time.
DEVICES COVERED UNDER THIS AGREEMENT. The rates listed in the Pricing Schedule above and the terms contained herein are offered based on
supporting all eligible devices within the organization and keeping the remote monitoring software active. All devices of a similar model /series must be
enrolled in the support program unless a specific written exception is granted. Devices can only be removed from the support program if they are taken
out of service and permanently removed from a supportable location. Additional devices may be added at any time if HP currently provides support for
that model /series. Supportable devices that are added at a later date that are not currently included in the Pricing Schedule will be added at the then
current rate. Devices must be in a working condition prior to being enrolled in this program. If a device to be added to this Agreement is not new, HP will
determine if repairs are required to bring the device to a working condition. If repairs are required, HP may provide those parts and repairs at HP's standard
parts and service rates. If a mono device to be enrolled has a "toner low" condition, Customer will be invoiced 50% of the retail price of a new toner
cartridge. On color devices, any toner cartridges that are "toner low" upon setup beyond the first cartridge will be invoiced at retail price. Customer agrees
to follow correct device operation guidelines as specified by the manufacturer.
In the event that a device reaches defined end of service -life or if HP cannot acquire spare parts with commercially reasonable efforts, HP may terminate
Services for the respective device and potentially all like devices.
HOURS OF SERVICE. HP's normal business hours are Monday through Friday, 8:00 a.m. through 5:00 p.m. local time. Service requests can be made
24x7 via phone voice mail or electronically (service portal). HP does not provide Services during the following holidays:
• New Year's Day
• Memorial Day
• Independence Day
• Labor Day
• Thanksgiving Day
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HP MANAGED PRINT SERVICES AND STATEMENT OF WORK
• Christmas Day
HP does not provide office support, but does provide technician support during the following holidays:
• Martin Luther King Day
• Presidents' Day
• Friday following Thanksgiving
• Christmas Eve
• HP company -wide shut down between Christmas and New Year's Day
After -hours service is only available in limited areas for US $150.00 per incident. After -hours service is not available in all areas.
PRICING, CUSTOMER REQUIREMENTS. Pricing will be billed at the per impression rates by device model /series as listed in the Pricing Schedule. One
impression is equal to one 8 1/2" x 11" page or one 8 1/2" x 14" page. Color rates will apply to all impressions with printed color. Duplex printing equals
two impressions. Customer is responsible to keep the remote monitoring software installed, active, and fully reporting at all locations and on all supported
devices during the term of this Agreement. Customer is responsible for assisting in a timely installation of the remote monitoring software and for keeping
the remote monitoring software active. Customer understands that if the remote monitoring software is de- activated, HP will not be able to receive "Toner
Low" or "Service Alert" messages from devices and HP will not be held to the response time commitments listed in Exhibit B. Upon either notice or
discovery of a non - reporting device, Customer shall promptly return the Device to a reporting condition. Customer may be responsible for manually
reporting impression counts for non - networked devices or for non - reporting devices to ensure current and accurate data for billing and reporting purposes.
Customer acknowledges that Customer has no ownership of software provided by HP, including the remote monitoring software. Subject to the terms of
this Agreement, Customer agrees to allow HP the right to collect and use data through the remote monitoring software.
HP also uses the remote monitoring software to collect impression counts for billing. If HP is unable to retrieve impression counts for billing, HP will invoice
Customer with an estimated billing at the recent historical billing interval impression count for each device. If an estimated billing occurs, HP will credit
Customer for any over - billing and Customer agrees to pay HP for any under - billing that is discovered once the impression counts are reconciled. HP may
change credit terms or payment terms due to materially adverse changes in Customer's financial condition or payment history.
Special note for devices not capable of reporting page counts: There are some older printers or devices more suited for personal use that are unable to
report page counts for regular collection. For these models, pricing will be based on actual ink or toner cartridges delivered to Customer during the billing
period. HP will use the manufacturer's stated yield as assumed use for each cartridge, multiplied by the impression rates listed in the Pricing Schedule;
actual impression counts will not be reported. This only applies to devices unable to report page counts for regular collection. This does not apply to
devices that are capable of reporting page counts, but which are not reporting page counts as a result of the monitoring software being de- activated or
otherwise failing.
Special note for devices requiring JetAdvantage Management (JAM) software: There are certain devices, designated as mSKU devices in the Pricing
Schedule above, which require that additional software, JetAdvantage Management (JAM), be installed in order for the benefits of the mSKU devices to
be realized. Customer is responsible for assisting in a timely installation of JAM and for maintaining and ensuring that JAM and any mSKU devices are
installed and working properly in conjunction with one another. If Customer uses non -OEM supplies with any mSKU devices, then JAM may not function
properly, it may be disconnected, and any benefits thereof may be discontinued. If JAM or an mSKU device is not properly installed or working correctly
nor used in conjunction with one another, then any associated benefits of JAM and mSKU devices are temporary and subject to change. This includes
increasing the per impression rates listed for the mSKU device in the Pricing Schedule to those rates designated for non -mSKU devices. This section only
applies if the Pricing Schedule, or an addendum thereto, specifically includes mSKU devices.
TONER COVERAGE. HP regularly reviews toner consumption. If it is discovered that there are devices that are printing with greater than 7% toner
coverage for mono, and 28% toner coverage for color, HP will notify the Customer in writing. HP will work with Customer to correct this problem by making
recommendations that may include but are not limited to print policy changes, workflow changes, and device changes. If after sixty (60) days, Customer
has not or will not make changes to reduce toner coverage below these limits, HP may increase the rates by the same percentage that the toner coverage
exceeds the targets. Those increased rates will remain in place until the next annual review.
DEVICE OBSOLESCENCE. When the manufacturer no longer supports a device and replacement parts are no longer available for that device
model /series, HP will make reasonable commercial efforts to continue to provide Service for the device, but HP reserves the right to discontinue providing
Services on the respective device and potentially all like devices. If the respective device has been on contract for greater than three (3) months, then a
standard credit will be provided towards the purchase of an HP printing device.
ITEMS NOT COVERED. The following items are not covered under the Services: paper, staples, font cartridges, firmware upgrades, third -party SIMM or
DIMMs, accessories, and all external interface cards. Imaging supplies provided by HP under this Agreement remain the property of HP at all times.
REMOVAL OF PERSONALLY IDENTIFIABLE INFORMATION (PII). In the event that Customer requests that HP repair or replace a device, Customer
shall have completed final data disposition of any Customer PII on such device, e.g. encryption, overwriting or degaussing, prior to the repair and /or
delivery of such device to HP.
SOW REVISIONS. If the assumptions and /or circumstances used to create the Pricing Schedule are found to be incorrect or misstated or to have
substantially changed, then HP and Customer shall meet and in good faith negotiate equitable changes to the SOW, which may include, but is not limited
to, adjusting rates and /or service level commitments. Any changes will only have effect for the future without any retroactive effect on any rates or charges
that have already been invoiced. HP will not be liable for failure to meet any obligations in this SOW to the extent such failure is due to delayed, false, or
inaccurate information provided by Customer.
INVOICING. HP will invoice monthly post -pay, based on the actual impressions made during the previous month. Invoice terms are Net 30.
Version #00.2 HP Confidential Page 3
HP MANAGED PRINT SERVICES AND STATEMENT OF WORK
HP and Customer agree by application of their duly authorized representative's respective signatures below that this SOW should become effective as of
the SOW Effective Date.
SOW EFFECTIVE DATE: //�3/' 46
Agreed to by: HP INC. Agreed to by: CITY OF YAKIMA
amos-
Authorized Signature: % l /� Authorized Signature: ,d
Print Name: Kelly Larser, Director of Sales Print Name: 1 7 .
I
Date: / — 7� ZO /S Date: 1 1 ( a'
Address: 2580 S. Decker Lake Blvd. Address: 129 N 2nd Street
Ste. 200 Yakima, WA 98901
Salt Lake City, UT 84119 0
Contact Name: Ben Allan Contact Name: \. 1/9- y4 g WAA) 71A A7 C
Phone: 425 - 260 -5160 Phone: S O y — 575 — 6 0 (/�
Email: ben.allan @hp.com Email: 43A y,Je. eorbuT1,11,,,od y/9kiM/0 wi4.90t/
Fax: Fax:
CITY CONTRACT NO c
RESOLUTION NO:
Version #00.2 HP Confidential Page 4
HP MANAGED PRINT SERVICES AND STATEMENT OF WORK
EXHIBIT A: HP CUSTOMER TERMS — SUPPORT AGREEMENT
1. Parties. These terms represent the agreement ( "Agreement ") that remains confidential. These obligations do not cover information that: i) was
governs the purchase of support services from the HP Inc. entity identified in known or becomes known to the receiving Party without obligation of
the signature section above ( "HP ") by the Customer entity identified above confidentiality; ii) is independently developed by the receiving Party; or iii)
( "Customer "). HP and Customer may be individually referred to as "Party ", where disclosure is required by law or a governmental agency.
and collectively as the "Parties ". 13. Personal Information. Each Party shall comply with their respective
2. Orders. "Order" means the signed HP Managed Print Services and obligations under applicable data protection legislation. HP does not intend
Statement of Work including any supporting material which the Parties to have access to personally identifiable information ( "PII ") of Customer in
identify as incorporated either by attachment or reference ( "Supporting providing services. To the extent HP has access to Customer PII stored on a
Material "). Supporting Material may include (as examples) support product system or device of Customer, such access will likely be incidental and
lists, hardware or software specifications, standard or negotiated service Customer will remain the data controller of Customer PII at all times. HP will
descriptions, data sheets and their supplements, and statements of work use any PII to which it has access strictly for purposes of delivering the
(SOWS), published warranties and service level agreements. services ordered.
3. Prices and Taxes. Initial prices will be as quoted in writing by HP. Prices 14. Global Trade compliance. Services provided under these terms are for
are exclusive of taxes, duties, and fees (including installation) unless Customer's internal use and not for further commercialization. HP may
otherwise quoted. If a withholding tax is required by law, please contact the suspend its performance under this Agreement to the extent required by laws
HP order representative to discuss appropriate procedures. applicable to either Party.
4. Invoices and Payment. Customer agrees to pay all invoiced amounts 15. Limitation of Liability. HP's liability to Customer under this Agreement
within thirty (30) days of HP's invoice date. HP may suspend or cancel is limited to the greater of $1,000,000 or the amount payable by Customer to
performance of open Orders or services if Customer fails to make payments HP for the relevant Order. Neither Customer nor HP will be liable for lost
when due. revenues or profits, downtime costs, loss or damage to data or indirect,
5. Support Services. HP's support services will be described in the Order special or consequential costs or damages. This provision does not limit
and any applicable Supporting Material, which will cover the description of either Party's liability for: unauthorized use of intellectual property, death or
HP's offering, eligibility requirements, service limitations and Customer bodily injury caused by their negligence; acts of fraud; willful repudiation of
responsibilities, as well as the Customer devices supported. the Agreement; nor any liability which may not be excluded or limited by
6. Eligibility. HP's service, support and warranty commitments do not cover applicable law.
claims resulting from: (1) improper use, site preparation, or site or 16. Disputes. If Customer is dissatisfied with any services purchased under
environmental conditions or other non - compliance with applicable Supporting these terms and disagrees with HP's proposed resolution, we both agree to
Material; (2) Modifications or improper system maintenance or calibration not promptly escalate the issue to a Director (or equivalent executive) in our
performed by HP or authorized by HP; (3) failure or functional limitations of respective organizations for an amicable resolution without prejudice to the
any non -HP software or product impacting systems receiving HP support or right to later seek a legal remedy.
service; (4) malware (e.g. virus, worm, etc.) not introduced by HP; or (5) 17. Force Majeure. Neither Party will be liable for performance delays or for
abuse, negligence, accident, fire or water damage, electrical disturbances, non - performance due to causes beyond its reasonable control, except for
transportation by Customer, or other causes beyond HP's control. payment obligations.
7. Dependencies. HP's ability to deliver services will depend on Customer's 18. Termination. Either Party may terminate this Agreement on written
reasonable and timely cooperation and the accuracy and completeness of notice if the other fails to meet any material obligation and fails to remedy the
any information from Customer needed to deliver the services. breach within a reasonable period after being notified in writing of the details.
8. Change Orders. Both Parties agree to appoint a project representative to If either Party becomes insolvent, unable to pay debts when due, files for or
serve as the principal point of contact in managing the delivery of services is subject to bankruptcy or receivership or asset assignment, the other Party
and in dealing with issues that may arise. Requests to add additional service may terminate this Agreement and cancel any unfulfilled obligations. Any
locations will require an Addendum signed by both Parties. Additional terms in the Agreement which by their nature extend beyond termination or
models /series of devices not currently priced on the Order will be added at expiration of the Agreement will remain in effect until fulfilled and will apply to
the then - current rates. both Parties' respective successors and permitted assigns.
9. Services Performance. Services are performed using generally 19. General. This Agreement represents our entire understanding with
recognized commercial practices and standards. Customer agrees to respect to its subject matter and supersedes any previous communication or
provide prompt notice of any such service concerns and HP will re- perform agreements that may exist. Modifications to the Agreement will be made only
any service that fails to meet this standard. through a written amendment signed by both Parties. The Agreement will be
10. Intellectual Property Rights. No transfer of ownership of any governed by the laws of the country of HP or the HP Affiliate accepting the
intellectual property will occur under this Agreement. Customer grants HP a Order and the courts of that locale will have jurisdiction, however, HP or its
non - exclusive, worldwide, royalty -free right and license to any intellectual Affiliate may, bring suit for payment in the country where the Customer
property that is necessary for HP and its designees to perform the ordered Affiliate that placed the Order is located. Customer and HP agree that the
services. United Nations Convention on Contracts for the International Sale of Goods
11. Intellectual Property Rights Infringement. HP will defend and /or settle will not apply. Claims arising or raised in the United States will be governed
any claims against Customer that allege that an HP- branded product or by the laws of the state of California, excluding rules as to choice and conflict
service as supplied under this Agreement infringes the intellectual property of law.
rights of a third party. HP will rely on Customer's prompt notification of the
claim and cooperation with our defense. HP may modify the product or
service so as to be non - infringing and materially equivalent, or we may
procure a license. If these options are not available, we will refund to
Customer the amount paid for the affected product in the first year or the
depreciated value thereafter or, for support services, the balance of any pre-
paid amount or, for professional services, the amount paid. HP is not
responsible for claims resulting from any unauthorized use of the products or
services.
12. Confidentiality. Information exchanged under this Agreement will be
treated as confidential if identified as such at disclosure or if the
circumstances of disclosure would reasonably indicate such treatment.
Confidential information may only be used for the purpose of fulfilling
obligations or exercising rights under this Agreement, and shared with
employees, agents or contractors with a need to know such information to
support that purpose. Confidential information will be protected using a
reasonable degree of care to prevent unauthorized use or disclosure for 3
years from the date of receipt or (if longer) for such period as the information
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HP MANAGED PRINT SERVICES AND STATEMENT OF WORK
EXHIBIT B — SLAs by LOCATION
Address City State ZIP Response Time Toner Install
129 N 2nd St. Yakima WA 98901 HP Advantage. No
101 N. 65th Ave. Yakima WA 98908 HP Advantage No
112 S. 8th St. Yakima WA 98901 HP Advantage No
124 S. 2nd St. Yakima WA 98901 HP Advantage No
129 N. 2nd St. Yakima WA 98901 HP Advantage No
200 S. 3rd St. Yakima WA 98901 HP Advantage No
2200 Fruitvale Blvd. Yakima WA 98902 HP Advantage No
2301 Fruitvale Blvd. Yakima WA 98902 HP Advantage No
2301 Viola Blvd. Yakima WA 98902 HP Advantage No
2403 S. 18th St. Yakima WA 98903 HP Advantage No
401 N. Front St. Yakima WA 98901 HP Advantage No
421 E. Chestnut Ave. Yakima WA 98901 HP Advantage No
501 N. 40th Ave. Yakima WA 98908 HP Advantage No
7707 Tieton Dr. Yakima WA 98908 HP Advantage No
807 E. Nob Hill Blvd. Yakima WA 98901 HP Advantage No
Response Times: HP offers 4 response times depending on locations:
HP Premium — Priority 2 Hour Response with toner installation (available in limited markets only)
HP Priority — Priority 4 Hour Response, toner drop ship
HP Advantage — Next Business Day Response, toner drop ship
HP Extended Reach — Depending on location, it may be greater than NBD response
Version #00.2 HP Confidential Page 6