JAVA CONNECTIONS, LLC DBA LAPTOPSANYTIME (2)

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-0 URANCE NOT ON FILr '!CORK MAY NOT PROCEED CLERK OF COUNCIL Kiosk Support Agreement A-2020-249A 0-19-(�RLO DATE: (5,WVJ>aiA5)fo This Kiosk Support Agreement (this "Agreement') is a legal contract between you (the party identified on the last page of this Agreement who has signed this Agreement, referred to herein as "you" or "your' or "City'), as either an individual or a single business or government entity, and Java Connections LLC / LaptopsAnytime and its affiliates ("LaptopsAnytime", "we", or "our') and is dated for identification purposes, December 1, 2020. 1. SCOPE OF WORK & FEES FOR SERVICES 1.1 Initial Setup. With respect to any kiosks ordered by you and covered by an End User License Agreement between you and LaptopsAnytime ("Kiosks'), LaptopsAnytime will set up the Kiosks at your designated locations. The initial setup will be accomplished by one of our trained specialists and will include assistance with unpacking the Kiosk(s), laptop/device integration, networking setup, and on -site training for your support staff and administrators. 1.2 Fees for Initial Setup. You agree to pay Laptops Anytime for charges related to its Initial Setup. Said charges are based on geographical area, current travel rates, and number of devices, Kiosks, and locations, and will be invoiced to you [when] and are based on LaptopsAnytime's rates at the time of Initial Setup. You agree to paythe Initial Setup charges within forty-five (45) days following the receipt of a proper invoice evidencing work performed, subject to the City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals, which may reasonably be expected by the City. 1.3 Service Plan. LaptopsAnytime currently offers three different Service Packages, each of which is described on Exhibit A hereto. LaptopsAnytime will provide maintenance service and support to the Kiosks in accordance with the particular Service Plan you choose. To elect a particular Service Plan, complete, sign, and return to LaptopsAnytime a copy of Exhibit A. 1.4 Annual Fee for Service Plan. Following your selection of a Service Package, LaptopsAnytime will invoice you for the applicable annual fee. The annual fee is a non-refundable payment for twelve (12) months of service ("Service Package Period"); payment of the entire annual fee is due within thirty (30) days of your receipt of the invoice. 1.5 Service Plan Particulars. A. In all events and under all Service Plans, replacement parts that are provided to you pursuant to this Agreement are provided on an exchange basis, and the parts that were replaced become the property of LaptopsAnytime. B. For Customers pre -November 1, 2019, the default rate for SmartBay upgrades is $1,000 per bay. You benefit from the reduced rate for SmartBay upgrades under the Gold Plan or Platinum Plus Plan only if you have selected and paid for three (3) consecutive years of the particular plan (e.g., only after you have selected and paid for 3 years of the Gold Plan are you entitled to the Gold Plan price of $700 per by for SmartBay upgrades). Starting on November 1, 2019, revised Service Plans include a 3-year, 4-year and 5-year refresh programs. In all cases, you have to be on the same plan for either 3, 4 or 5 years to get the benefit of the refresh. It is possible to upgrade from one plan type to another by paying the differential going backwards and the new amount going forward. C. On -site support is available on regular business days (Monday to Friday and excluding federal holidays) from 7:00 a.m. to 7:00 p.m. PST.