PARTICIPATING ADDENDUM. For MASTER AGREEMENT. and. State of Hawaii

Transcription

1 (hereinafter Master Agreement ) MASTER AGREEMENT NASPO VALUEPOINT COPIERS, PRINTERS & RELATED DEVICES For Page 1 o14 December 31 January 31 Quartet Ending Report Due September 30 October 31 June30 July31 March 31 April 30 below, in accordance with the following schedule (or as required): to the Participating State contact person listed in Paragraph 5 (or as amended), A. Usage Reports: Contractor shall submit a quarterly State of Hawaii gross sales report 3. Changes: participating nonprofit is hereinafter referred to as a Participating Entity. ) Issues of Administrator, State Procurement Office. interpretation and eligibility for participation are solely within the authority of the are eligible to participate in the SPO price/vendor list contracts upon mutual agreement Master Agreement. Private nonprofit health or human services organizations with current between the Contractor and the nonprofit. (Each such participating jurisdiction and purchase of service contracts governed by Hawaii Revised Statutes (HRS) chapter 1 03F approval of its respective Chief Procurement Officer, will be allowed to purchase from the All jurisdictions located within the State of Hawaii, which have obtained prior written 2. Participation: lead by the State of Nevada for use by state agencies and other entities located in the This Addendum covers NASPO ValuePoint Copiers, Printers & Related Devices Participating State authorized by the state s statutes to utilize state contracts. Scope: ValuePoint Master Agreement Number 3091 with Toshiba America Business Solutions, Inc. This Addendum will add the State of Hawaii as a Participating State to purchase from the NASPO State of Hawaii, State Procurement Office (SPO) Price List Contract No State of Hawaii and (hereinafter Contractoe9 (hereinafter Participating State ) Toshiba America Business Solutions, Inc. Between (hereinafter Addendum ) PARTICIPATING ADDENDUM

2 Hawaii. A copy of the Attorney General s General Conditions can be found at duties of the parties in this Addendum, shall be governed by the laws of the State of B. The validity of this Addendum, any of its terms or provisions, as well as the right and report shall also include any adjustments from prior periods. The quarterly report will be subtotaled by each Participating Entity. The quarterly Pe2of4 2. Chapter 383, Hawaii Employment Security Law; 3. Chapter 386, Workers Compensation; 6. Certificate of Good Standing for entities doing business in the State. 5. Chapter 393, Prepaid Health Care Act; and 4. Chapter 392, Temporary Disability Insurance; 1. Chapter 237, General Excise Tax Law; in the Participating State, including the following HRS chapters. State, Contractor is required to comply with all laws governing entities doing business G. Pursuant to HRS 103D-310(c), if Contractor is doing business in the Participating shall be as allowed by HRS satisfactory delivery of goods to make payment. Any interest for delinquent payment Pursuant to HRS , Participating State and any agency of the Participating State or any county, shall have thirty (30) calendar days after receipt of invoice or Contractor shall forward original invoice(s) directly to the ordering agency. General excise tax shall not be applied to the delivery charge. agencies may use the pcard, subject to its credit limit, or issue a purchase order. of Hawaii) for orders totaling less than $2,500. For purchases of $2,500 or more, Hawaii Health Systems Corporation, the Office of Hawaiian Affairs, and the University State s executive departments/agencies, (excluding the Department of Education, the F. The State of Hawaii s purchasing card (pcard) is required to be used by Participating secondary and non-exclusive. E. Purchases under this Master Agreement is not mandatory. This Addendum is the Addendum if the Contractor is paid with funds appropriated by the Hawaii State 11355, which prohibits campaign contributions from Contractor during the term of Legislature. D. Campaign Contributions. The Contractor is notified of the applicability of HRS Agreement and this Addendum. Contractor or any subcontractor that is related to the performance of the Master reasonable times, may inspect the part of the plant or place of business of the C. Inspection of Facilities. Pursuant to HRS 103D-316, the Participating State, at Any action at law or in equity to enforce or interpret the provisions of this Addendum hawaii.qov/wp-content/uploads/20 14/02/1 03D-General-Conditions. pdf. shall be brought in a court of competent jurisdiction in Honolulu, Hawaii.,PART1CIPATING ADDENDUM

3 the Master Agreement. throughout the term of the Addendum. execution by the Participating State and shall continue for the term set forth in H. Effective Date and Contract Period. This Addendum is effective upon the date of The Hawaii Compliance Express (HCE) is utilized for verification of compliance. The SPO will conduct periodic checks to confirm Contractor s compliance on HCE Pe3of4 Prices proposed will be the delivered price to any state agency or political subdivision. All thereby becoming back-ordered) will also be shipped without transportation charges. originally shipped without transportation charges (that failed to ship with the original order, deliveries will be F.O.B. destination with all transportation and handling charges paid by the Contractor. Responsibility and liability for loss or damage will remain with Contractor until latent defects, fraud, and Contractor s warranty obligations. Any portion of a full order final inspection and acceptance when responsibility will pass to the Buyer except as to 7. Freight Charges: Subcontractors are allowed under this Addendum. 6. Subcontractors: christina.fishertabs.toshiba. corn Fax: (949) Contractor Address: 9740 Irvine Blvd. Irvine, CA Telephone: (949) Name: Christina Fisher stanton.d.matohawaii.gov Honolulu, HI Fax: (808) Punchbowl Street, Room 416 Address: State Procurement Office Telephone: (808) Participating State Name: Stanton Mato successors): The primary contact individuals for this Addendum are as follows (or their named 5. Primary Contact: Leasing is authorized by this Addendum. 4. Lease Agreements: made a part of this Participating Addendum. I. ATTACHMENT 0, MODEL SERVICE LEVEL AGREEMENT (SLA), is attached and ARTICIPATING ADDENDUM

4 the Participating State contract number: SPO Price List Contract Number and the Solutions, Inc. or its Uba Toshiba Business Solutions, USA. Purchase Orders and Payments shall be made to Toshiba America Business NASPO ValuePoint Master Agreement Number All purchase orders issued by Participating Entities under this Addendum shall include 8. Purchase Order and Payment Instructions: Deputy Attorney General APE3%RM: Date: ( Date: 12/16/2016 MANAGER, STRATEGIC BUSINESS PLANNING & SUPPLY Title: Administrator, SPO Title: VICE PRESIDENT, GENERAL Name SA LLEN Name R STEVEN TUNGATE Signature: Signature: SOLUTIONS, INC. Participating State: STATE OF HAWAII Contractor: TOSHIBA AMERICA BUSINESS below. IN VIEW OF THE ABOVE, the parties execute this Addendum by their signatures, on the dates communications, representations or agreements whether, oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions Agreement shall govern in the case of any such inconsistent, contrary, or additional terms. otherwise shall be void. The terms and conditions of this Addendum and the Master of this Addendum and the Master Agreement, that are included in any purchase order or with respect to this Addendum and the Master Agreement, and supersedes any prior conditions, understandings, promises, warranties and representations among the parties This Addendum and the Master Agreement set forth the entire agreement, and all the 8. Entire Contract: Agreement for their purchases. The Contractor will apply the charges to each Participating will have the same rights to any indemnity or to recover any costs allowed in the Master for their purchases as the Lead State has in the Master Agreement. Each Participating Entity will be responsible for its own charges, fees, and liabilities. Each Participating Entity Entity individually. modified by this Addendum, each Participating Entity will be responsible to follow the terms Each Participating Entity shall be treated as an individual customer. Except to the extent and conditions of the Master Agreement; and will have the same rights and responsibilities 9. Participating Entity as Individual Customer: PARTICIPATING ADDENDUM

5 1. Customer Level SLA MODEL SERVICE LEVEL AGREEMENT (SLA) lease or rental term starting from the equipment installation date. whichever occurs first; or, (ii) for leased or rented equipment, the length of the original The term of this program is (1) for purchased equipment, three years from equipment installation date or maximum number of copies as stated in the product specifications, Term of Program. replaced equipment is tendered. Authorized Servicing Provider and must be returned to Contractor or the Contractor s Authorized Servicing Provider at the time the repaired or All loaned equipment is the property of Contractor or the Contractor s Authorized Servicing Provider at no additional charge If Customer s Toshiba MFD is out-of-service more than two (2) consecutive requires off-site service, a loaner MFD will be provided by the Contractor business days after notifying a Contractor s Authorized Servicing Provider or Free Loaner: specifications. facsimile or accessory at no charge with a model of equal or better features and to perform within product specifications, Contractor will replace the MFD, operate within Toshiba s product specifications during the term of its lease or if Free Replacement - purchased its maintenance service term, and if the equipment cannot be repaired If Buyer s Toshiba MFD, Facsimile or its accessories, do not 1.3. Total Quality Commitment (TQC) Average Uptime 96% or Better Average On-Site Response Time 4 Hours or Less Performance Criteria Target Level Contractor agrees to maintain the following service levels defined below as targets: with a defined process for equipment replacement or loan as set forth herein. The purpose of this Exhibit A is to outline service levels; as well as provide Customer 1.2. Customer Service Level Agreement 1.1. Purpose Attachment 0

6 3, S. Attachment 0 MODEL SERVICE LEVEL AGREEMENT (SLA) Terms & Conditions Of TQC This program applies only to new Toshiba MFD accessories acquired customers from Toshiba or an Contractor Authorized Servicing Provider on or April 1, 1996, on condition that the equipment: (1) was continuously maintained under a full service maintenance by an Authorized Toshiba Servicing Provider, and (ii) only maintenance and operation of the equipment. This is non-transferable. Product or of Buyer s misuse or abuse, electrical power, or an act of God not this program. damaged agreement provided and/or genuine Toshiba parts and consumable supplies are used in destroyed because are program negligence, covered under by alter the improper If a Contractor Authorized Servicing Provider is not available to fulfill the terms of this program, Toshiba will resolve any program issues within a period of time. No modification or extension of this is effective unless it is in writing and signed the Vice President, General Manager of Toshiba-Electronic Imaging Division. program reasonable by How To Exercise This Guarantee First, notify your Authorized Toshiba Servicing Provider of the problem. If you do not obtain resolution to your satisfaction via your Authorized Toshiba Servicing Provider, a certified letter documenting your and a copy of the sales to: send problem Toshiba America Business Solutions, Inc. Director of Field Service 9740 Irvine Boulevard Trvine, California dated receipt