HomeMy WebLinkAbout20121576.tiff AGREEMENT FOR PROFESSIONAL MAINTENANCE SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado,
whose address is 1150"O" Street, Greeley, Colorado, 80631 ("County"), and HOV Services/
Lason Systems, Inc., whose address is 11850 Hempstead Highway, Suite 270, Houston,Texas
77092,("Contractor").
WHEREAS,County desires to retain Contractor as an independent contractor to perform
services as more particularly set forth below;and
WHEREAS, Contractor has the time available to timely perform the services, and is
willing to perform the services according to the terms of this Agreement.
NOW THEREFORE,in consideration of the mutual promises and covenants contained
herein,the parties hereto agree as follows:
1. Engagement of Contractor. County hereby retains Contractor, and Contractor
hereby accepts engagement by County upon the terms and conditions set forth in this Agreement.
2. Term. The term of this Agreement shall be from July 7,2012,through and until July
6,2013.
3. Services to be Performed. Contractor agrees to perform the Services listed or
referred to in Exhibit A,attached hereto and incorporated herein.
4. Compensation.
a. County agrees to pay Contractor for services performed as set forth on
Exhibit A at the rate of Four Hundred Ninety and no/100 Dollars ($490.00). These
charges shall cover all Maintenance Services performed during the Term of this
Agreement.
b. The compensation set forth in Paragraph 4.a. of this Agreement is
inclusive of all miles expenses incurred by Contractor and no additional mileage of other
travel expenses shall be payable by County, unless specifically set forth in this
Agreement.
c. Payment for the equipment maintenance services provided by Contractor
shall be made in two equal installments on July 31,2012 and on January 31,2012.
d. Payment for services and all related expenses under this Agreement shall
not exceed Four Hundred Ninety and no/100 Dollars($490.00).
2012-1576
1 pil 00023
5. Additional Work. In the event the County shall require changes in the scope,
character, or complexity of the work to be performed, and said changes cause an increase or
decrease in the time required or the costs to the Contractor for performance, an equitable
adjustment in fees and completion time shall be negotiated between the parties and this
Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the
Contractor for adjustment hereunder must be made in writing prior to performance of any work
covered in the anticipated supplemental Agreement. Any change in work made without such
prior supplemental Agreement shall be deemed covered in the compensation and time provisions
of this Agreement.
6. Independent Contractor. Contractor shall perform its duties hereunder as an
independent contractor and not as an employee. Contractor shall be solely responsible for its acts
and those of its agents and employees for all acts performed pursuant to this Agreement. Neither
Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee
of County. Contractor and its employees and agents are not and shall not become entitled to
unemployment insurance or workers' compensation benefits through County and County shall
not pay for or otherwise provide such coverage for Contractor or any of its agents or employees.
Unemployment insurance benefits will be available to Contractor and its employees and agents
only if such coverage is made available by Contractor or a third party. Contractor shall pay when
due all applicable employment taxes and income taxes and local head taxes (if applicable)
incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied,
to bind County to any agreement, liability or understanding, except as expressly set forth in this
Agreement. Contractor shall have the following responsibilities with regard to workers'
compensation and unemployment compensation insurance matters: (a) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts required by
law and (b) provide proof thereof when requested to do so by County.
7. Warranty. Contractor warrants that services performed under this Agreement will
be performed in a manner consistent with the professional standards governing such services and
the provisions of this Agreement.
8. Acceptance of Services Not a Waiver. Upon completion of the work, at the end of
the term, Contractor shall submit to County originals of all test results, reports, etc., generated
during completion of this work which shall include a summary of the condition of the equipment
which is being maintained under this Agreement. Acceptance by County of reports and
incidental material furnished under this Agreement shall not in any way relieve Contractor of
responsibility for the quality and accuracy of the work. Acceptance by the County of, or
payment for, any services performed under this Agreement shall not be construed as a waiver of
any of the County's rights under this Agreement or under the law generally.
10. Insurance and Indemnification. Contractor shall defend and indemnify County, its
officers and agents, from and against loss or liability arising from Contractor's acts, errors or
omissions in seeking to perform its obligations under this Agreement. Contractor shall provide
necessary workers' compensation insurance at Contractor's own cost and expense.
2
11. Termination. Either party may terminate this Agreement at any time by providing
the other party with a 30 day written notice thereof. Furthermore, this Agreement may be
terminated at any time without notice by either party upon a material breach of the terms of the
Agreement. In the event of an early termination, Contractor shall be paid for work performed up
to the time of notice. If terminated prior to the end of the Term of the Agreement, Contractor
shall refund County's payment for services not yet performed on a pro rata basis.
12. Non-Assignment. Contractor may not assign or transfer this Agreement, any
interest therein or claim thereunder, without the prior written approval of County, except as set
forth in Exhibit A.
13. Access to Records. County shall have access to Contractor's financial records as
they relate to this Agreement for purposes of audit. Such records shall be complete and available
for audit 90 days after final payment hereunder and shall be retained and available for audit
purposes for at least five years after final payment hereunder.
14. Time of Essence. Contractor shall perform the Maintenance Services required under
this Agreement in a timely fashion in a manner designed to ensure the proper operation of the
equipment described in Exhibit A. In all respects relevant to the terms of this Agreement, time is
of the essence in each and all of the provisions.
15. Interruptions. Neither party to this Agreement shall be liable to the other for delays
in delivery or failure to deliver or otherwise to perform any obligation under this Agreement,
where such failure is due to any cause beyond its reasonable control, including but not limited to
Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions.
16. Notices. Any notice required to be given under this Agreement shall be in writing
and shall be mailed or delivered to the other party at that party's address as stated above.
17. Compliance. Colorado law, and rules and regulations established pursuant thereto,
shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules
and/or regulations shall be null and void. In the event litigation is required to enforce the terms of
this Agreement, the parties agree to submit to the jurisdiction of the Weld County district Courts.
18. Non-Exclusive Agreement. This Agreement is nonexclusive and County may
engage or use other contractors or persons to perform services of the same or similar nature.
19. Certification. Contractor certifies that Contractor is not an illegal immigrant, and
further, Contractor represents, warrants, and agrees that it has verified that Contractor does not
employ any illegal aliens. If it is discovered that Contractor is an illegal immigrant, employs
illegal aliens or subcontracts with illegal aliens, County can terminate this Agreement and
Contractor may be held liable for damages.
3
20. Entire Agreement/Modifications. This Agreement contains the entire agreement
between the parties with respect to the subject matter contained in this Agreement. This
instrument supersedes all prior negotiation, representation, and understanding or agreements with
respect to the subject matter contained in this Agreement. This Agreement may be changed or
supplemented only by a written instrument signed by both parties.
21. Funding Contingency. Financial obligations of the County payable after the current
fiscal year are contingent upon funds for that purpose being appropriated, budged and otherwise
made available. By execution of this Agreement, County does not warrant that funds will be
available to fund this Agreement beyond the current fiscal year. No portion of this Agreement
shall be deemed to create an obligation on the part of County to expend funds not otherwise
appropriated or budgeted for.
22. No Conflict. No employee of Contractor nor any member of Contractor's family
shall serve on a County Board, committee or hold any such position which either by rule,
practice or action nominates, recommends, supervises Contractor's operations, or authorizes
funding to Contractor.
23. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without such provision,
to the extent that this Agreement is then capable of execution within the original intent of the
parties.
24. Governmental Immunity. No term or condition of this contract shall be construed
or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et
seq., as applicable now or hereafter amended.
25. No Third Party Beneficiary. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties and nothing in this
Agreement shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
26. Attorneys Fees/Legal Costs. In the event of a dispute between County and
Contractor, concerning this Agreement, the parties agree that County shall not be liable to or
responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of
Contractor.
4
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and
year written below.
CONTRACTOR: HOV/Lason Systems, Inc.
By: aiv tj ' Rata id
Title: h lre&for of A..faa n. : 1 (Se/Via s'
ATTEST:',1 BOARD OF COUNTY
CLERK TO THE BOARD COMMISSIONERS OF
WELD COUNTY, COLORADO
By By: ( ,//J, i ---
Deputy rd William F. Garcia, Chairman Pro—Tern
a JUN 2 5 2012
1861 O g
5
Peg Hot:—e1 viers Exhibit A
aimp Exceed Exnecrations Support and Maintenance Agreement
SYSTEM [NC
6/20/2012 Page 1
Installation Location Description
WELD COUNTY Agreement#: 33394CONSVR
INFO SERVICES Type:
1401 N. 17TH AVNEUE Amount: $490.00
GREELEY,CO 80631 Effective: 7/7/2012 through 7/6/2013
Payment Terms: Bi-annual
BLAKE ABERCROMBIE 970 304 6570x02543 Amount shown does nm include applicable taxes
See attached TOMS and Conditions on papa 2
Covered Components
Description LASON Tag# Serial#
FUJITSU FI-6240C SCANNER 35097-18050 005051
Covered Services Notes or Considerations
On-Site Support/Labor SERVICE UNDER THIS AGREEMENT IS PROVIDED BY FUJITSU
Parts
Phone Support
Unlimited Service Calls Allowed
Service Location: 18050 Customer Code:CUS01363
Your Purchase Order Number: P.O. Date:
Signature: Date:
Printed Name: Title:
Please sign, date and return a copy of this Support and Maintenance Agreement Renewal along with your Purchase
Order to the address or fax number below.You will then be invoiced for the amount shown plus any applicable taxes.
RETURN TO �j��.t8_ 7-21./../..e.
HOV Services/LASON Service Administration Signature
11850 Hempstead Highway, Suite 270 Authorized HOV Services/LASON Representative
Houston, TX 77092 07/07/2012
Fax: 713-957-4858 Date
vet 2.7
Page 2
EXHIBIT A-SERVICES
HOV Services shall provide on-site Support and Maintenance Services for the following equipment:
"FUJITSU FI-6240C SCANNER, Lason Tag No. 35097-18050, Serial No. 005051".
The Services provided shall include support and maintenance service calls requested by County except for
those services specified below. All labor charges and parts shall be included in the Compensation set forth
in the Agreement. The following Support and Maintenance Services are provided: On-Site Support and/or
Labor, Part, and Telephone Support. In addition, Unlimited Service Calls are allowed under this
Agreement. Service under this Agreement is provided by Fujitsu.
Contractor shall take prompt corrective action to provide the services enumerated above, including those
services set forth on Page 1 of this Exhibit A. to make the covered equipment perform in accordance with
the published and documented specifications. Technical support and maintenance is provided Monday
through Friday, 8:00 a.m. through 5:00 p.m. with the exception of those holidays observed by Contractor
and County,unless otherwise provided on Page 1 of this Exhibit A.
Contractor shall diagnose and repair problems relative to the covered equipment. County shall promptly
inform Contractor of any problems arising from the use of the equipment. The disposition and/or reported
problems concerning the severity and scheduling for repair, shall be the decision of County and
Contractor. Contractor shall perform preventive maintenance to the equipment on a periodic basis spaced
equally throughout the term of this Agreement as identified in the covered services section on page 1 of
this Exhibit A or according to the manufacturer's specifications, and County's usage requirements.
Contractor shall set no other limitations on the maintenance and support services provided other than
those explicitly set forth on Page 1 of this Exhibit A.
Contractor covenants and promises that it shall provide support and maintenance to County on a timely
basis and in a professional manner and warrants that all personnel assigned to provide such services shall
be factory trained and knowledgeable about the equipment subject to this Agreement. The services
provided under this Agreement do not include Starter Toner (developer), Toner, Glass Flats, Glass
Cylinders, Paper, Fuser, Oil, Bulbs, Ammonia, or other supply items. In addition, Contractor shall not be
responsible for the installation of such items. Or damages incurred by not installing such items.
Contractor will provide maintenance, including the provision of all labor, parts, and non-consumable
items necessary to repair the equipment. For purposes of this Agreement, Consumable Items include: PC
Drums, Developer Units, Fuser Units, Imaging Units, Separator Pads, pick/feed rollers, or any other part
identified by the manufacturer as a consumable item. Such items will be replaced by Contractor at the
manufacturer's recommended intervals or as needed, and shall be invoiced to County at Contractor's
prices. Supplies are not covered.
This Agreement does not cover service, parts, components or repairs due to misuse, vandalism,
mishandling, accident, fire,water,unstable electrical source or service by persons other than Contractor's
personnel, parts, components or attachments not supplied by Contractor, or use of supplies, parts or
components not meeting Contractor's and manufacturer's specifications.
AGREEMENT FOR PROFESSIONAL MAINTENANCE SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado,
whose address is 1150 "O" Street, Greeley, Colorado, 80631 ("County"), and HOV Services/
Lason Systems, Inc., whose address is 11850 Hempstead Highway, Suite 270, Houston, Texas
77092, ("Contractor").
WHEREAS, County desires to retain Contractor as an independent contractor to perform
services as more particularly set forth below; and
WHEREAS, Contractor has the time available to timely perform the services, and is
willing to perform the services according to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Engagement of Contractor. County hereby retains Contractor, and Contractor
hereby accepts engagement by County upon the terms and conditions set forth in this Agreement.
2. Term. The term of this Agreement shall be from July 4, 2012, through and until July
3, 2013.
3. Services to be Performed. Contractor agrees to perform the Services listed or
referred to in Exhibit A, attached hereto and incorporated herein.
4. Compensation.
a. County agrees to pay Contractor for services performed as set forth on
Exhibit A at the rate of Nine Hundred Ninety and no/100 Dollars ($990.00). These
charges shall cover all Maintenance Services performed during the Term of this
Agreement.
b. The compensation set forth in Paragraph 4.a. of this Agreement is
inclusive of all miles expenses incurred by Contractor and no additional mileage of other
travel expenses shall be payable by County, unless specifically set forth in this
Agreement.
c. Payment for the equipment maintenance services provided by Contractor
shall be made in two equal installments on July 31, 2012 and on January 31, 2012.
d. Payment for services and all related expenses under this Agreement shall
not exceed Nine Hundred Ninety and no/100 Dollars ($990.00).
1
c9 -/5
5. Additional Work. In the event the County shall require changes in the scope,
character, or complexity of the work to be performed, and said changes cause an increase or
decrease in the time required or the costs to the Contractor for performance, an equitable
adjustment in fees and completion time shall be negotiated between the parties and this
Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the
Contractor for adjustment hereunder must be made in writing prior to performance of any work
covered in the anticipated supplemental Agreement. Any change in work made without such
prior supplemental Agreement shall be deemed covered in the compensation and time provisions
of this Agreement.
6. Independent Contractor. Contractor shall perform its duties hereunder as an
independent contractor and not as an employee. Contractor shall be solely responsible for its acts
and those of its agents and employees for all acts performed pursuant to this Agreement. Neither
Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee
of County. Contractor and its employees and agents are not and shall not become entitled to
unemployment insurance or workers' compensation benefits through County and County shall
not pay for or otherwise provide such coverage for Contractor or any of its agents or employees.
Unemployment insurance benefits will be available to Contractor and its employees and agents
only if such coverage is made available by Contractor or a third party. Contractor shall pay when
due all applicable employment taxes and income taxes and local head taxes (if applicable)
incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied,
to bind County to any agreement, liability or understanding, except as expressly set forth in this
Agreement. Contractor shall have the following responsibilities with regard to workers'
compensation and unemployment compensation insurance matters: (a) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts required by
law and (b) provide proof thereof when requested to do so by County.
7. Warranty. Contractor warrants that services performed under this Agreement will
be performed in a manner consistent with the professional standards governing such services and
the provisions of this Agreement.
8. Acceptance of Services Not a Waiver. Upon completion of the work, at the end of
the term, Contractor shall submit to County originals of all test results, reports, etc., generated
during completion of this work which shall include a summary of the condition of the equipment
which is being maintained under this Agreement. Acceptance by County of reports and
incidental material furnished under this Agreement shall not in any way relieve Contractor of
responsibility for the quality and accuracy of the work. Acceptance by the County of, or
payment for, any services performed under this Agreement shall not be construed as a waiver of
any of the County's rights under this Agreement or under the law generally.
10. Insurance and Indemnification. Contractor shall defend and indemnify County, its
officers and agents, from and against loss or liability arising from Contractor's acts, errors or
omissions in seeking to perform its obligations under this Agreement. Contractor shall provide
necessary workers' compensation insurance at Contractor's own cost and expense.
2
1 1. Termination. Either party may terminate this Agreement at any time by providing
the other party with a 30 day written notice thereof. Furthermore, this Agreement may be
terminated at any time without notice by either party upon a material breach of the terms of the
Agreement. In the event of an early termination, Contractor shall be paid for work performed up
to the time of notice. If terminated prior to the end of the Term of the Agreement, Contractor
shall refund County's payment for services not yet performed on a pro rata basis.
12. Non-Assignment. Contractor may not assign or transfer this Agreement, any
interest therein or claim thereunder, without the prior written approval of County, except as set
forth in Exhibit A.
13. Access to Records. County shall have access to Contractor's financial records as
they relate to this Agreement for purposes of audit. Such records shall be complete and available
for audit 90 days after final payment hereunder and shall be retained and available for audit
purposes for at least five years after final payment hereunder.
14. Time of Essence. Contractor shall perform the Maintenance Services required under
this Agreement in a timely fashion in a manner designed to ensure the proper operation of the
equipment described in Exhibit A. In all respects relevant to the terms of this Agreement, time is
of the essencc in each and all of the provisions.
IS. Interruptions. Neither party to this Agreement shall be liable to the other for delays
in delivery or failure to deliver or otherwise to perform any obligation under this Agreement,
where such failure is due to any cause beyond its reasonable control, including but not limited to
Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions.
16. Notices. Any notice required to be given under this Agreement shall be in writing
and shall be mailed or delivered to the other party at that party's address as stated above.
17. Compliance. Colorado law, and rules and regulations established pursuant thereto,
shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules
and/or regulations shall be null and void. In the event litigation is required to enforce the terms of
this Agreement, the parties agree to submit to the jurisdiction of the Weld County district Courts.
18. Non-Exclusive Agreement. This Agreement is nonexclusive and County may
engage or use other contractors or persons to perform services of the same or similar nature,
19. Certification. Contractor certifies that Contractor is not an illegal immigrant, and
further, Contractor represents, warrants, and agrees that it has verified that Contractor does not
employ any illegal aliens. If it is discovered that Contractor is an illegal immigrant, employs
illegal aliens or subcontracts with illegal aliens, County can terminate this Agreement and
Contractor may be held liable for damages.
3
20. Entire Agreement/Modifications. This Agreement contains the entire agreement
between the parties with respect to the subject matter contained in this Agreement. This
instrument supersedes all prior negotiation, representation, and understanding or agreements with
respect to the subject matter contained in this Agreement. This Agreement may be changed or
supplemented only by a written instrument signed by both parties.
21. Funding Contingency. Financial obligations of the County payable after the
current fiscal year are contingent upon funds for that purpose being appropriated, budged and
otherwise made available. By execution of this Agreement, County does not warrant that funds
will be available to fund this Agreement beyond the current fiscal year. No portion of this
Agreement shall he deemed to create an obligation on the part of County to expend funds not
otherwise appropriated or budgeted for.
22. No Conflict. No employee of Contractor nor any member of Contractor's family
shall serve on a County Board, committee or hold any such position which either by rule,
practice or action nominates, recommends, supervises Contractor's operations, or authorizes
funding to Contractor.
23. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without such provision,
to the extent that this Agreement is then capable of execution within the original intent of the
parties.
24. Governmental Immunity. No term or condition of this contract shall be construed
or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 ct
seq., as applicable now or hereafter amended.
25. No Third Party Beneficiary. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties and nothing in this
Agreement shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
26. Attorneys Fees/Legal Costs. In the event of a dispute between County and
Contractor, concerning this Agreement, the parties agree that County shall not be liable to or
responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of
Contractor.
4
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and
year written below.
CONTRACTOR: HOV/Lason Systems, Inc.
By: al22Ge-- / a2ACIAL
Title: birgi',ivr oF' 'ni-. 4-gerudcts
ATTEST: BOARD OF COUNTY
CLERK TO THE BOARD COMMISSIONERS OF
WELD COUNTY, COLORADO
Deputy LB William F.Garcia, Chairman Pro-Tem
,' p� JUN 2 5 2012
,861 kjir,u �
5
&D/?—/5 2'
Exhibit A
�,ExErSentattioions ns Support and Maintenance Agreement
�Excee,edr Expectations 9
1 1111\SY-41 E\l- INC
6/20/2012 Page 1
installation Location DeScriptl n
WELD COUNTY Agreement A: 33396CONSVR
INFO SERVICES Type: Standard Hardware
1401 N. 17TH AVNEUE Amount: $990.00
GREELEY,CO 80631 Effective: 7/4/2012 through 7/3/2013
Payment Terms: Bi-annual
BLAKE ABERCROMBIE 970 304 6570x02543 Amours shown does net include applicable tales
See ellethed Terms and Cond,trons en pegs
Covered Components
Description LASON Tag# Serial#
KODAK 11440 COLOR SCANNER 35116-16050 45669502
KODAK ENHANCED INK CARTRIDGE CARRIER 600/700/1400
KODAK 11440 TETHERED FLATBED ACCESSORY 45952169
Covered Services Notes or Considerations
On-Site Support/Labor SERVICE UNDER THIS AGREEMENT IS PROVIDED BY EASTMAN KODAK
Parts
Phone Support
Unlimited Service Calls Allowed
Service Location: 18050 Customer Code:CUS01363
Your Purchase Order Number: P.O.Date:
Signature: Date:
Printed Name: Title:
Please sign,date and return a copy of this Support and Maintenance Agreement Renewal along with your Purchase
Order to the address or fax number below.You will then be Invoiced for the amount shown plus any applicable taxes.
RETURN TO G77-ae✓"- Act)131--)
HOV Services/LASON Service Administration Signature
11850 Hempstead Highway, Suite 270 Authorized HOV Services/LASON Representative
Houston,TX 77092 07/04/2012
Fax:713-957-4858 Date
Vu,27
Page 2
EXHIBIT A-SERVICES
HOV Services shall provide on-site Support and Maintenance Services for the following equipment:
"KODAKi 1440 COLOR SCANNER,Lason Tag No. 35116-18050, Serial No. 45669502"
"KODAK ENHANCED INK CARTRIDGE 600/700/1400"
"KODAK i1440 TETHERED FLATBED ACCESSORY, Serial No. 45952169"
The Services provided shall include support and maintenance service calls requested by County except for
those services specified below. All labor charges and parts shall be included in the Compensation set forth
in the Agreement. The following Support and Maintenance Services are provided: On-Site Support and/or
Labor, Parts and Telephone Support. In addition, Unlimited Service Calls are allowed under this
Agreement. Service under this Agreement is provided by Eastman Kodak.
Contractor shall take prompt corrective action to provide the services enumerated above, including those
services set forth on Page 1 of this Exhibit A. to make the covered equipment perform in accordance with
the published and documented specifications. Technical support and maintenance is provided Monday
through Friday, 8:00 a.m. through 5:00 p.m. with the exception of those holidays observed by Contractor
and County, unless otherwise provided on Page 1 of this Exhibit A.
Contractor shall diagnose and repair problems relative to the covered equipment. County shall promptly
inform Contractor of any problems arising from the use of the equipment. The disposition and/or reported
problems concerning the severity and scheduling for repair, shall be the decision of County and
Contractor. Contractor shall perform preventive maintenance to the equipment on a periodic basis spaced
equally throughout the term of this Agreement as identified in the covered services section on page 1 of
this Exhibit A or according to the manufacturer's specifications, and County's usage requirements.
Contractor shall set no other limitations on the maintenance and support services provided other than
those explicitly set forth on Page 1 of this Exhibit A.
Contractor covenants and promises that it shall provide support and maintenance to County on a timely
basis and in a professional manner and warrants that all personnel assigned to provide such services shall
be factory trained and knowledgeable about the equipment subject to this Agreement. The services
provided under this Agreement do not include Starter Toner (developer), Toner, Glass Flats, Glass
Cylinders, Paper, Fuser, Oil, Bulbs, Ammonia, or other supply items. In addition, Contractor shall not be
responsible for the installation of such items. Or damages incurred by not installing such items.
Contractor will provide maintenance, including the provision of all labor, parts, and non-consumable
items necessary to repair the equipment. For purposes of this Agreement, Consumable Items include: PC
Drums, Developer Units, Fuser Units, Imaging Units, Separator Pads, pick/feed rollers, or any other part
identified by the manufacturer as a consumable item. Such items will be replaced by Contractor at the
manufacturer's recommended intervals or as needed, and shall be invoiced to County at Contractor's
prices. Supplies are not covered.
This Agreement does not cover service, parts, components or repairs due to misuse, vandalism,
mishandling, accident, fire, water, unstable electrical source or service by persons other than Contractor's
personnel, parts, components or attachments not supplied by Contractor, or use of supplies, parts or
components not meeting Contractor's and manufacturer's specifications.
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