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Home My Public Portal About2020.07.09 BOE - Maintenance Agreement (v4)DocuSign Envelope ID: EC1 E47E8-D570-47DB-AE4B-9386F4ED0FDE MAINTENANCE AGREEMENT A Xerox Company LOCATION: BILL TO: ALES REP CITY OF MCCALL CITY OF MCCALL Dane Hunt USTOMER NUMBER -BILL TO: 300 E Park St 300 E Park St USTOMER NUMBER -SHIP TO: Mccall ID 83638 Mccall ID 83638 ONTRACT START DATE: (208)634-7142 (208)634-7142 INITIAL METER READ MODEL SERIAL 1 C8045 2 C8045 3 C8070 4 CPC Locked for term of Lease 6 FOR ADDITIONAL UNITS ATTACH SCHEDULE A EQUIP ID BASE CHARGE $ BLACK PAGES BLACK COLOR INCL OVERAGE RATE PAGES INCL 0 $ 0.0050 0 COLOR OVERAGE RATE BLACK COLOR $ 0.0500 INITIAL ETER READ INITIAL METER READ MODEL SERIAL EQUIP ID MODEL SERIAL EQUIP ID BLACK COLOR BLACK COLOR 1 5 6 3 7 4 8 FOR ADDITIONAL UNITS ATTACH SCHEDULE A BASE CHARGE COLOR PAGES INCLUDED BLACK PAGES INCL. BLACK OVERAGE _______ __,, COLOR OVERAGE RATE ALL UNITS LISTED ABOVE ARE CONSOLIDATED UNDER THIS PLAN BASE BILLING FREQUENCY -You will be billed the base rate in advance OVERAGE BILLING FREQUENCY -You will be billed overages in arrears 0 MONTHLY 0 QUARTERLY O SEMI-ANNUAL 0 ANNUAL 0 MONTHLY O QUARTERLY O SEMI-ANNUAL O ANNUAL □FX CONTRACT□C T CT□CPC CONTRACT 0 CPC COLOR CONTRACT EXCEPTIONS/ ACCOMMODATIONS/ SPECIAL NOTES All parts and labor; excluding drums, masters and supplies. All parts and labor; 'nclu ing d u s; exclu ing su pl'es. All parts, labor, drums and supplies; including developer and toner; excluding paper and staples. All parts, labor, drums and supplies; including developer, toner, fuser oil; excluding paper and staples. 0 CONTRACT INCLUDES STAPLES O Misc . ________________ _ 0 CONTRACT INCLUDES PAPER Person to contact regarding meter reads and method of contact □E-mail _________ _D Phone ______ _ □Fax. __________ _0 Automated Meter 0 This agreement shall be renewed automatically upon approval by BOE and the attainment of the maximum number of copies unless Customer notifies BOE in writing at least sixty days prior to the termination of the agreement. Customer agrees to pay the then current rate at the beginning of each subsequent agreement period. Pricing is based on current BOE published maintenance programs and is subject to change. THE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF ARE INCORPORATED IN AND MADE PART OF THIS AGREEMENT. NO ONE IS AUTHORIZED TO CHANGE, ALTER OR AMEND THE TERMS OR CONDITIONS OF THIS AGREEMENT UNLESS AGREED TO IN WRITING BY BOTH PARTIES. BY SIGNING THIS AGREEMENT YOU ACKNOWLEDGE RECEIPT OF PAGE TWO AND AGREE TO THE TERMS ON BOTH PAGES 1 AND 2 OF THIS AGREEMENT. AUTHORIZED SIGNATURE DATE SIGNATURE -Rob Davis, General Manager DATE July 17, 2020 I Rob Davis SIGNATURE -TIM SMITH, SERVICE MANAGER DATE PRINT NAME TITLE Bob Giles Mayor SIGNATURE -CONTRACT BILLING MANAGER DATE PO# 7/20/2020 Printers: Thermal heads on Zebra printers. a. b. c. d. e. 1 - 4 months – 4 times monthly minimum amount of contract •5 - 8 months – 3 times monthly minimum amount of contract 9 -12 months – 2 times monthly minimum amount of contract a. b. 8).BREACH OR DEFAULT a. b. c.Equipment should be operated within the specified operational (including usage) specifications. d.Only supplies with manufacturer required specifications may be used. a. b. c. d. e. a. Connected equipment: Connected equipment will be covered up to the computer/network connection of the copier. Service calls caused by computer/network will be charged at the current published hourly labor rate. 3).Boise Office Equipment (BOE) agrees to provide emergency service and all maintenance on the equipment listed on the front of this agreement for a period of one year or the allotted copy allowance, whichever comes first, except as follows: Repairs resulting from causes other than the normal use, abuse or misuse by the operator, operator-inflicted damage to copier, drums, use of supplies, spare parts, or paper that do not meet manufacturer's specifications and cause abnormal service problems. Fire, accident, theft or damage to the machine due to repairs/or movement by someone other than an authorized dealer representative. Reconditioning, rebuilding, or overhaul of equipment. Changes of toner, toner bags, staples, paper, or installation of accessories and process units. BOE's Service Manager's Signature must appear on contract to enforce the terms and conditions stated above. TERMS AND CONDITIONS 1).All agreements include the following: Unlimited service calls and parts (parts as classified by the manufacturer). 2).All agreements exclude the following unless specified on the front of this contract: Copiers: External cards, coin operated equipment, color supplies, paper, staples, hard drives and software/connected hardware. Fax machines: Thermal heads, process units, fuser units and paper. 6).BOE shall not be responsible for repairs or maintenance resulting from the use of supplies or parts not obtained from BOE. The quality of such parts and supplies varies widely and cannot be warranted by BOE. Therefore, use of supplies not purchased through BOE will void your contract. 7).BOE shall not be responsible for delays, inability to provide service calls due to strikes, accidents, embargoes, act of God or any other event beyond its control. All Service under this agreement shall be rendered during normal working hour of 8:00 A.M. to 5:00 P.M. Monday through Friday except for Holidays. If the customer does not pay all charges for maintenance or parts as provided hereunder, promptly when due: (1) BOE may (a) refuse to service the equipment or; (b) furnish service on a C.O.D. "Per Call" basis at published labor rates and (2) the customer agrees to pay BOE costs and expenses of collection including the reasonable attorney's fees permitted by law in addition to all other rights and remedies available to BOE. All equipment sold by BOE is designed to give excellent performance when operated within the following guidelines: Equipment must be placed in a normal office setting with sufficient amount of space for access, free from excessive dust, humidity, temperatures and ammonia or other corrosive fumes. Equipment must be operated on an isolated electrical line, if so noted on the reverse side of this agreement. Equipment must always be operated on a UL approved electrical circuit, with proper current, voltage and type of outlet, as specified by the original manufacturer. 9).BOE reserves the right to inspect all equipment to be covered under a maintenance agreement to determine that it is in good mechanical condition prior to the effective date of the agreement. Should the equipment require repair or overhaul prior to acceptance of such repairs, if requested, repairs will be made at the hourly rate plus the cost of parts. Assembly, disassembly or moving of equipment. 4).TERM: This contract is for twelve (12) months from inception and is automatically renewed for successive twelve (12) month periods unless written cancellation notice is received by either party thirty (30) days prior to the end of the current term. In order to continue providing quality service, the cost of the Maintenance Agreement may be escalated on the anniversary date upon renewal. The contract will not be increased more than ten percent upon renewal for the first 5 years. Early termination of this agreement may take place; however, the following fees will be collected if cancellation takes place between: Early termination charges will not be assessed if: The customer elects to trade to other equipment offered by Boise Office Equipment and covered by Maintenance Agreement. This replacement equipment must be intended to perform the same functions as the equipment traded in. The customer elects to convert to another Maintenance Agreement and the term of the new agreement is equal to or greater than the remaining term of this agreement at the time of the conversion. 5).If toner is included, the consumption shall be within 10% of the manufacturer's suggested yields at the manufacturer's listed fill rates. A charge for toner consumption exceeding ten percent of manufacturer's suggested yields will be charged at our current retail price. Shipping for contracts that include supplies will be via UPS Ground. All shipping methods such as UPS Ground, UPS Next Day, messenger service, etcetera will be billed to the customer and may include any special processing charges. Customer is required to immediately notify BOE of any additional equipment at Customer's site capable of using BOE supplied toner cartridges. This will include any new equipment added or existing equipment not included in the original contract due to errors or omissions. Such equipment shall automatically be covered by this Agreement and shall be considered the "Equipment" for all purposes under this agreement. Customer Initials___________ This agreement shall be governed by and construed according to the laws of the State of Idaho applicable to agreements wholly negotiated, executed and performed in Idaho. This Agreement constitutes the entire agreement of the parties with respect to the goods and Services to be provided hereunder and supersedes any and all prior agreements or understandings, proposals, or advertisements, writings, representations, or oral or written statements or communications with respect to their subject matter. Buyer agrees that any oral statements by BOE representatives or writings not signed by an authorized officer of BOE are not warranties and are not part of this agreement. BOE reserves the right to cancel this agreement for any reason based on a 30 day written notice. Full Service Maintenance is only available for equipment having a valid manufacturer serial number and UL certification. The customer agrees to make available and designate a suitable key operator for the training in the use of the equipment. Should the employment status of designated operator change so as to affect the operator's availability to perform this assignment the customer shall inform BOE immediately. A key operator shall be responsible for providing BOE meters when needed. If no meter is received BOE reserves the right to utilize past meters to estimate any required meter in order to process service coverage billing. BOE360 will be installed on PC that is on during normal business hours. If not installed and manual meters are required, a $25.00 fee will be charged per overage cycle. Customer shall pay all federal, state and local sales, use property, excise or other taxes imposed on or with respect to the purchase price listed on the reverse side of this agreement. BOE is hereby authorized to offset any past balance against amounts due customer at termination. Customer agrees that, should they have any past due balances with BOE for any reason, service under this agreement will be suspended until such past due balances shall have been satisfied. 16). Addition of Equipment - In the instances where a printer is being added to a current BOE360 contract the printer model number, serial number and current print count needs to be supplied to BOE prior to any unit being added to existing coverage. Based on this information BOE will determine if this unit can be added to the current service agreement. 10).When at its sole discretion, BOE determines a shop recondition is necessary to keep the equipment in working condition, BOE will submit to customer an estimate of needed repairs and the cost, which will be in addition to the charge payable under the maintenance agreement. If the customer does not authorize such reconditioning, BOE may discontinue service of the agreement, or refuse to renew this agreement upon its expiration. Thereafter, service will be available on a "per call" basis at published rates. 11).This agreement is not refundable or transferable to a third party, if the equipment is traded in on new BOE equipment any unused portion of the yearly contract shall be pro-rated and applied toward the maintenance of the new equipment. This is determined by tine or usage; whichever comes first. 12).No credit will be applied toward unused copy allowance. Unused copies are lost. 13).In the event a manufacturer discontinues parts or supplies for your machine this agreement may be terminated and the unused portion may be transferred to a new machine purchased through BOE. 14).Other than the obligations set forth herein, BOE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE, OR FITNESS FOR A PARTICULAR PURPOSE. BOE SHALL NOT BE RESPONSIBLE FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES ARISING OUT OF THE USE PERFORMANCE OF THE EQUIPMENT OR THE LOSS OF THE USE OF THE EQUIPMENT AND THE CUSTOMER HEREBY WAIVES ANY CLAIMS RELATED THEREBY. 15). Miscellaneous: DocuSign Envelope ID: EC1E47E8-D570-47DB-AE4B-9386F4ED0FDE Sales Order Agreement Date 6/24/2020 A Xerox Company Buyer 330 N.Ancestor Place,Suite 100,Boise,ID 83704 P.O.# Phone:(208)377-1047/Fax:(208)377-1048 Sales Rep Dane Hunt i �:`r ..n. , ry... .X. :�,m CITY OF MCCALL City of McCall 300E Park St 300E Park St Mccall ID Mccall ID 83638 83638 Contact Billing Contact Phone/Fax (208)634-7142 Phone/Fax (208)634-7142 Order: Approx Delivery Date: • Lease Months 60 Mo.Payment BW CPP 0.005 Color CPP 0.05 BW Base 0 Color Base 0 BW Printer CPP Color Printer CPP BW Printer Base Color Printer Base QTY PRODUCT# Market Code DESCRIPTION TOTAL PRICE Public Works Replaces Ricoh MP C3004 1 100S14271 C8045H2 C8045 Alta Link C8045 Multifunctional Copier/Printer/Scanner with 1 097S04920 OFC-C80 C8045 Office Finisher(2K sheet capacity w/50 sheet staple) 60 Month FMV Lease Rate $163.69 City Hall Replaces Ricoh MP C6004 1 100S14269 C8070H2 C8070 AltaLink C8070 Multifunctional Copier/Printer/Scanner with 1 097S04920 OFC-C80 C8070 Office Finisher(2K sheet capacity w/50 sheet staple) 60 Month FMV Lease Rate $247.39 Library Replaces Ricoh MP C2003 1 100S14271 C8045H2 C8045 AltaLink C8045 Multifunctional Copier/Printer/Scanner with 1 097S4920 OFC-C80 C8045 Office Finisher(2K sheet capacity w/50 sheet staple) 1 497K05270 WIRELESS C8045 Wirelsess Print Kit 60 Month FMV Lease Rate $170.41 All Devices Include: Setup,Installation,Delivery,Networking and Training Service Copiers.05 Color,.005 B/W (all parts,labor and supplies) Buyouts of Old Lease Paid by BOE/Xerox Retire Old Leases Return Devices to Lease Company Automatic Toner Replenishment Automatic Meter Reads JUNE PROMOTION Government Rates Applied TS/SPECIAINSTRUCTIONS Subtotal Delivery Time Stairs/Count Elevator Connected Delivery Type Sales Tax 12:0C:00 AM Delivery/Installation DELIVERY INSTRUCTIONS: TOTAL AMOUNT Less Payment(Check#) SPECIAL PAYMENT TERMS&DUE DATES AMOUNT DUE 0 MAINTENANCE AGREEMENT El Yes ❑ No Cash Transactions Only: Title will be passed onto you when your cash transaction is paid in full. Until such time,to secure all of your obligations to us under this Agreement,you hereby grant us a security interest in(a) the Equipment to the extent of your interests in the Equipment,(b)anything attached or added to the Equipment at any time,(c)any money or property from the sale of the Equipment,and(d)any money from an insurance claim if the Equipment is lost or damaged.You agree that the security interest will not be affected if this Agreement is changed in any way. You hereby appoint us(our agents)as your true and lawful attorney-in-fact to affix your signature to UGC financing statements prepared and filed on your behalf by us(or our agent)with the same force and effect as if you had signed such financing statements. If we request,you agree to sign financing statements in order for us to publicly record our security interest. This Agreement or a copy of this Agreement shall be sufficient as a financing statement and may be filed as such. CUSTOMER ACCEPTANCE Boise Office Equipment REPRESENTATIVE Au ¢ ate nt Name Title Signature Date