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2020-06-23 Eakes AgreementsA;pekes office solutions Dispenser Support Agreement AGREEMENT OVERVIEW Thank you for choosing Eakes Office Solutions (EOS), EOS will provide towel, baht tissue and hand soap dispensers to customer (you) listed below at no cost for an initial term of 2 years from the date listed below. Only products supplied by EOS may be used with these dispensers, If you use any other products with the listed dispensers below, EOS will have the right to terminate this agreement, In which case you will have the option of either (1) buying out the dispensers at the price per unit listed below less a deduction of 20% for each year (or portion thereof) during which this agreement was In effect; or (2) removing and returning to EOS all of the listed dispensers at your expense. After the two year initial term and annually thereafter, this agreement will automatically renew on a 1 year term, During any renewal term, EOS will replace or provide additional dispensers on an as needed basis at no additional charge under the same terms and conditions listed above. INSTAL,I_ATION Customer has the option to Install or installation can be provided by trained EOS staff on 3 dispensers or more, PRICE PROTECTION GUARANTEE If our vendor raises it prices for refill products that affects your purchase price from EOS more than 10% in a calendar year, EOS will waive the dispenser cost If you change dispensing systems. ERODUGT WARRANa Each dispenser Is warranted by the manufacturer to be free from defects In workmanship and materials under normal use with authorized products, It Is the responsibility of the customer to replace a dispenser, If replacement is necessary due to vandalism, misuse, theft, or use of unauthorized refill products, Dispenser # Description 15t—y List Each Areement KUT DCCOSSBK31027 - �KUTOL MANUAi. BLACK SOAP DISPENSERS 14 10.00 N/C N/C N/C NIC N/C NIG NIC N/C Please Indicate your approval of the above; CITY OF BLAIR Com y Name Customer Authorized Signature ,�- BRENDA WHEELER Print Name .For akesUseOnly..................................................._...........,...... 156008 MAIN 218 S 16TH STREET, BLAiR, Address 6/18/2020 Date 402-426-4191 Phone 3594 Account N ber Salesperson es Aulhoriz cceptance Approval Date 0317 44n�;Ai*Eakes SILVER Level Printer Support Agreement office solutions An Eakes Managed Print Services Program Customer Account Number:156008 Type: PB Agreement Start Date: September 24, 2020 Department: I Agreement End Date: September 24, 2023 CUSTOMER INFORMATION Full Legal Name: City of Blair Billing Address: 218 South 16th Street Phone: 402-426-4191 City: Blair County: Washington State: NE Zip: 68008 EQUIPMENT LOCATION Street Address: 218 South 16th Street City: Blair County: Washington State: NE Zip: 68008 EQUIPMENTINFORMATION Printer/Make/Model/Description Est. Cost Per Est. Annual Physical Location (I.E. Serial Number Price Yield Click 5% fill Usage Sales Dept) ( ) g p ) (Example: Q3838A, LaserJet 4250) HP Laserjet Pro MFP M477fdw VNB8JBN301 - Brenda's Office CF41 OX - Black $140.39 6500 0.0216 3 CF411X-Cyan $188.99 5000 0.0378 1 CF412X - Yellow $188.99 5000 0.0378 1 CF413X - Magenta $188.99 5000 0.0378 1 If more than 10 units are being added to an agreement please attach Exhibit A, which will become part of this agreement by reference. PRINTER, TONER, AND SUPPLY INFORMATION Customer promises and agrees to purchase from Eakes Office Solutions (Eakes) all toner cartridges for the printers/MFPs listed on this agreement and any other printers/MFPs that may be added by written amendment by Customer and Eakes during the Agreement term (Enrolled Printers). All toner cartridges purchased under this Agreement shall be OEM Hewlett Packard brand cartridges and will be sold to the Customer at the price listed above. In the event a high yield cartridge for models listed on this agreement is made available by Hewlett Packard, Eakes will replace the cartridge listed above with that high yield HP OEM product without notice to Customer. Any such OEM substitutions will be made at an equivalent or lower cost per copy. Paper, staples, drums, and any other consumable products are specifically excluded from this agreement. SERVICE INFORMATION As long as Customer buys its toner cartridges and all parts/consumables only from Eakes, then Eakes shall waive the payment of all service fees incurred for repairs. The customer will purchase all parts necessary for repairs from Eakes at a 10% discount from Eakes normal prices. The model, make, and serial number must be referenced at the time a service call is placed. This Agreement is subject to the terms and conditions listed on page 2 of this document. CUSTOMER SIGNATURE On behalf of the Customer, I have read and I agree to this Printer Support Agreement including all of its provisions and further agree that Customer shall be bound to all provisions. I understand and agree that Customer is solely responsible for the security of the property and all data and information stored within it. The person who is signing this Agreement on behalf of the Customer hereby acknowledges and represents that he/she has due and lawful authorization and authority to execute this Agreement and to bind the Customer to its provisions. Signature Title: City Clerk Date: 09/24/20 (Authorized Signature) Print Name Brenda Wheeler For: City of Blair EAKES INTERNAL USE Number Name Salesperson: 3594 Carrie Cantrell Eakes Printer Support Services Agreement (Page 2) Terms and Conditions Services and Limitations: The services that Eakes will perform under this Agreement are limited to the service and repair (including repairs under warranty or otherwise) of the Hewlett Packard LaserJet printers listed on the Printer Support Services Agreement ("Enrolled Printers"). Eakes service and repair obligation extends only to normal preventative maintenance services and repairs arising from ordinary wear and tear of the Enrolled Printers. Installation services will be provided if a new Enrolled Printer is purchased from Eakes during the term of this agreement. Service charges resulting from damage by misuse, abuse, use of substandard supplies, use not in accordance with the manufacturers operating instructions, accident, neglect, theft, vandalism, electrical power failure, water, fire, or other casualty are not included in the service charges which will be waived under this Agreement. Customer will cooperate with and assist Eakes Office Solutions, as necessary, in the performance of all services. Service will be provided during Eakes' regularly scheduled service hours. After hours emergency service charges will be priced and paid by Customer at Eakes' overtime rates, if such service is available. The data collection agent to be used in conjunction with this agreement shall be FM Audit or another, similar product selected by Eakes. Condition of Equipment: To be eligible for enrollment under the Eakes Printer Support Services Agreement, printers must be in good working order. Eakes reserves the right to inspect the printers prior to enrollment. Should repair be needed to bring the printers up to factory specifications and good working order, a detailed parts and labor cost estimate will be provided to the customer. Upon acceptance of the estimate, the customer will be responsible for the cost of all repairs, both parts and labor, at Eakes standard service rates less a 10% parts discount. Taxes: Customer shall pay all sales, use, and other taxes upon products or services furnished under this Agreement. Termination for Cause: If during the term of this Agreement, Customer purchases any toner cartridges for use in the Enrolled Printers from any party other than Eakes, then this Agreement shall terminate immediately without notice. Cancellation of Waiver: If Customer terminates this Agreement by purchasing toner cartridges for use with the Enrolled Printers from any party other than Eakes, then the waiver of service fees by Eakes will be automatically cancelled and, on demand, Customer shall pay all of those service fees to which the waiver applied. Term: The agreement shall commence on the Agreement Date, as shown on the face of this document, and continue for an initial term of 36 months. Upon expiration of the initial term, the agreement shall automatically renew annually for additional 12 month terms at then current program prices. The agreement may be cancelled by either party by providing written notice of cancellation to the other party at least 30 days in advance of the expiration date of the initial or any subsequent term. Eakes Office Solutions may terminate this agreement at anytime, without notice, if you fail to pay any sum due under this Agreement or any other Agreement with Eakes before that payment becomes delinquent. Applicable Law: This Agreement shall be construed and applied under the law of the State of Nebraska without regard to the conflicts of laws provisions in the Nebraska Law. WARRANTY: EAKES DOES NOT MAKE ANY WARRANTY OF MERCHANTABILITY, MARKETABILITY, USE FOR A PARTICULAR PURPOSE UNDER THIS AGREEMENT OR IMPLIED THEREFROM AND NO PERSON MAY MAKE ANY WARRANTIES ON BEHALF OF EAKES. EAKES SHALL NOT BE RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING LOSS OF TIME, LOSS OF PROFITS, LOSS OF BUSINESS, EMPLOYEE WAGES AND EXPENSES AND OTHER CONSEQUENTIAL DAMAGES, LOSS AND COSTS. Customer Initials