3.06 3.6
AGREEMENTS\National Business Equipment—Lease on Copier Equipment—9-11-2023
RESOLUTION AUTHORIZING EQUIPMENT LEASE AGREEMENT
BETWEEN TOWN OF QUEENSBURY AND
NATIONAL BUSINESS EQUIPMENT
RESOLUTION NO.: 12023
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, by prior Resolutions, the Queensbury Town Board has authorized Equipment
Lease Agreements between the Town and National Business Equipment for certain
equipment/multifunctional devices (printers/copiers/scanners/fax machines), and
WHEREAS, the Town wishes to authorize an additional Equipment Lease Agreement
pertaining to a new Kyocera Mita Model Taskalfa 7353ci machine to be located in the Town's
Accounting Office as set forth in National Business Equipment's Quote substantially in the form
presented at this meeting, and
WHEREAS, such proposed new Equipment Lease Agreement will be coterminous with the
Town's master Equipment Lease Agreement and will provide for the repurposing of equipment within
the Town Office Building(s) thereby reducing the necessity to purchase an additional
printers/copiers/scanners/fax machine,resulting in an estimated$14.22 monthly savings for the Town,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the
Equipment Lease Agreement between the Town of Queensbury and National Business Equipment in
substantially the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer
and/or Town Accountant to negotiate, arrange for and secure the Town's future Equipment Lease
Agreements with National Business Equipment without the need for additional Town Board
Resolution thereby allowing for the continuation of leasing services without a lapse in services, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute any necessary documentation, including the Lease Agreement in substantially the form
presented at this meeting, and authorizes and directs the Town Supervisor, Town Budget Officer
and/or Accountant to take such other and further action necessary to effectuate the terms of this
Resolution.
Duly adopted this 1 It"day of September, 2023,by the following vote:
AYES
NOES
ABSENT:
NATIONAL
mamas Epuipment a Supply
505 Bradford Street
Albany, NY 12206
Phone: (518) 724-6455
Fax: (518)438-0493
www.nationalbes.com
To: Town of Queensbury
Attn: Barbara Tierney
From: Bryan MuellerNice President
Date: August 23rd, 2023 Quote Valid for 90 Days
AsiaO c'u#. : fir='
1
11. :
SEE BROCHURE FOR FULL SPECIFICATIONS LIST
Output Sizes 5.5"x 8.5" -3 12"x 18"
Paper Sources 2/500 Sheet Trays, 2/1,500 Sheet Trays, 150 Sheet Bypass
Total Paper Supply 4,150 Sheets
Document Processor 270 Sheet Dual Scan Document Processor
Duplex Automatic, Unlimited
Warm Up Time 30 seconds
First Copy Out Time 5.4 seconds
Multi Copy Speed 73 copies per minute
Image Modes Text, Photo, Text/Photo
Exposure Controls Auto, Manual
Reduction & Enlargement Pre-Set Ratios plus 25-400%Zoom
Memory 4.5GB, Dual 320GB Hard Drive
Stand Included
Printing Standard Printing & Network Interface Included, USB Host
Host Interface
Scanning Standard Network Scanning, Scan to Folder,
Scan to E-mail, Scan to FTP, Scan to USB
Finishing 4,000 Sheet Finisher, 2/3 Hole Punch
Security Kit Data Security Kit
Faxing Fax/Network Fax
Wireless Wireless LAN MC
Fleet Management Software PaperCut, RFID Card Reader
Retail Price (List Price $42,8261
$13,896.97 OMNIA Contract# R191102
Lease: FMV with $0 Down Payment
63 Months: $282.53 per month
Service Agreement:
Add to the current all inclusive GoldAlliance service agreement covering except paper&staples
and remove Taskalfa 7052ci & Ecosys M3145idn.
Equipment tease Agreement
Customer Informatio�i: Supplier Information:
Customers Full Legal N66me('You"and Your'): Supplier Name("Supplier"):
Town of Queensbury National Business Equipment LLC •
Address: Address:
742 Bay Rd 15 CORPORATE CIR
City/State/Zip Code: City/State/Zip Code:
Queensbury NY 12809r5902 i Alany NY 12203
Telephone Number: I Federal Tax IDS: County:
5187608200
Equipment Information; Equipment Location(If different than address shown above):
o See Attached Equipment Schedule
Quantity Equipment Make,Model&Serial Number Quantity Equipment Make,Model&Serial Number
•
1 Kyocera 2353CI
Term And Payment Information: Initial Term: 63 months Payment": $340.50 ('plus applicable taxes)
Payment Period Is'Monthly"unless otherwise noted here: Security Deposit: S Documentation/Processing Fee: $75.00
Advance Payment: $ • applied to: 0 1st Payment 0 Last Payment 0 1st and Last Payments
Purchase Option: Fair Market Value
You acknowledge an4 agree that tills agreement (as amended,from time to time, the'Lease"represents the complete and exclusive agreement between You and Us
regarding the subject matter herein and supersedes any other oral or written agreements beween You
and Usion,thosegrtldngtsuch Intematters.
y purchase is LeaLease
e can or changed
agreement
only
by a
written agreement betwre You and Us. Other agreements not stated herein (Including,without
between You and the Supplier)are not part of this Lease.
1. LEASE OF EQUIPMENT.You agree to lease from Us the personal property listed above(together with all exlOing and future accessories,attachments,replacements
en
and embedded software the"Equipment')upon the terms stated herein.This Lease is binding on You as of the date You sign it.You agree that after You sign, may
Insert or correct any Information missing on this Lease,including Your proper legal name,serial numbers and any other Information describing the Equipment,and change
the Payment by up to 15%due to a change In the Equipment or Its cost or a tax or payment adjustment.
2. TERM;AUTOMATIC RENEWAL.The term of this lease will begin on the date that it Is accepted by Us or any later date that We designate(the'Commencement
Date')and wet continue for the number or months shown above(the"Initial Tern?),subject to Section 14.As used herein,"Term'means the term presently In effect at any
time,whether it is the Initial Tenn or a Renewal Term (defined below).Unless You notify Us In writing at least 30 days before the end of the Term(the"Notice
Period')that You intend to purchase or return the Equipment at the end of such Term,then:(a)this Lease will automatically renew for an additional one-
month period la"Renewal Term")and(b)all terms of this Lease will continue to apply.If You do net%Us In writing within the Notice Period that You Intend to purchase or
return all of the Equipment at the end of the Term,then You shall(I)purchase the Equipment by paying the purchase option amount(and all other amounts due hereunder)
within 10 days after the end of the Term,or(II)return the Equipment pursuant to Section 12. For any"Fair Market value'Purchase Option,the fair market value shall be
determined by Us in Our sole but commercially reasonable judgment.This Lease is non-cancelable for the full Term,subject to Section 14.
3. UNCONDITIONAL OBLIGATION.oil agree that:(I)You selected the Equipment and the Supplier based on Your own judgment;(II)Your obligations hereunder are
absolute and unconditional and are not subject to cancellation,reduction or setoff for any reason whatsoever;(N)If You are a party to any maintenance,supplies or other
contract with the Supplier,such contract is NOT part of this Lease(even though We may,as a convenience to You and the Supplier,bill and collect monies owed by You to the
Supplier);and(Iv)If the Equipment is unsatisfactory or If the Supplier falls to provide any service or fulfill any other obligation to You,You shall tnntinue to fully perform
under this Lease.
4. PAYMENTS.You agree t0 pay Us an Interim rent charge as reasonably calculated by Us for the period from the date the Equipment is delivered to you until the
Commencement Date.The'payment for this Interim period will be based on the Payment prorated on a 30-day calendar month and will be added to Your first invoice.Each
Payment Period,You agree to pay Us, by the due date set forth on Our Invoice to You (I)the Payment, and (II)applicable taxes and other charges provided for herein.
Restrictive endorsements on checks will not be binding on Us.All payments received will be applied to past due amounts and to the current amount due In such order as We
determine.Any security deposit that You pay Is non-interest bearing,may be commingled with Our funds,may be applied by Us at any time to cure any default by You,and
the unused portion will be returned to You after You have satisfied all of Your obligations hereunder.if We do not receive a payment In full on or before Its due date,You shall
pay a fee equal to the greater of 10%or the amount that Is late or$29.00(or the maximum amount permitted by applicable law If less).You shall pay Us a returned check
non-suffident funds charge of$20.00 for any returned or dishonored check or draft.
5. INDEMNIFICATION.To the extent permitted by applicable law,You shall indemnify and hold Us harmless from and against,any and all claims,actions,damages,
liabilities, losses and costs(Including but not limited to reasonable attorneys'fees)made against Us,or suffered or incurred by Us,arising directly or indirectly out of,or
otherwise relating to the delivery, Installation, possession, ownership, use, loss of use, defect in or malfunction of the Equipment This obligation shall su Tim the
the
termination of this Lease.We shall not be liable to You for any damages of any kind, Including any liability for consequential damages, fling
Inability to use the Equipment I
6. NO WARRANTIES.WE ARE LEASING THE EQUIPMENT TO YOU"AS IS^.WE HAVE NOT MAOE AND HEREBY DISCLAIM MPLLND ANY AND ALL
W W BRANNTIES OF
TIES,
EXPRESS OR IMPLIED,I ARISING BY APPLICABLE LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION,
of the Uniform Commercial Code(the UCC AND FITNESS FOR).PARTICULAR You hereby waiveanOSE.ny and all rights and remedies conferred upon You by Article parties hereto agree that this Lease Is,or shall e2A offed the UCC.s,a finance If If this Lease Is deemed to be a
secured transaction,You hereby grant to Us a security Interest In the Equipment and all proceeds thereof.You authorize Us to record UCC financing statements to protect
Our Interests In the Equipment.You may be entitled under Article 2A of the UCC to the promises and warranties(If any)provided to Us by the Supplier(s)In connection with
or as part of the contract (If any) by which We acquire the Equipment, which warranty rights We assign to You for the Term (provided You are not In default). You
acknowledge that You ire aware of the name or the Supplier of each Item of Equipment and You may contact the Suppiler(s)for an accurate and complete statement or
those promises and wallranties(If any),including any disclaimers and limitations of them or of remedies.
7. OWNERSHIP;USE AND MAINTENANCE.You are responsible for Equipment maintenance.You will not remove the Equipment from thel Equipmente Locationr counnl alsunless
You first get Our permission.You shall give Us reasonable access to the Equipment Location so that We may Inspect the Equipment,andagree pay
connection therewith.We will own and have title to the Equipment(excluding any software)during the Lease.If the Equipment Includes any software:(I)We don't own the
BYSIGMNG BELOW,CUSIDMERACOYOWIEOGES RECENT OfPAGE 2 OF THIS AGREEMENTANO Af UFSS TO THE TERMSONBOTH PAGES 1 II
Customer:(identified,above) Town of Queensbury NATIONAL BUSINESS EQUIPMENT LLC
('We;"Us;"Our'and'Lessor")
•
By: Date:_/—/_ BY: Date: /_/_
Print name:
Title: Print name: Tide:
Agreement Number:
#5157935 vi PL-OA-MR Municipal FMV(01/26/15) Page 1 of 2
•
software,(II)You are responsible for entering Into any necessary software license agreements with the owners or licensors of such software,(111)You shall temple with the
Icons of all such agreements,E any,and(N)any default by You under any such agreements shall also constitute a default by You under this Lease. You agree that the
Equipment Is and shall remain personal property and without Our prior wr ten consent,You sha0 not permit it to become(I)attached to real property or(II)subject to liens
or encumbrances of any kind. You represent that the Equipment will be used solely for performing one or more of Your governmental functions and not for personal,family
or household purposes.Yqu shall use the Equipment In accordance with all laws,operation manuals,servke contracts(if any)and Insurance requirements,and shall not
make any permanent alterations to it.At Your own cost,You shall keep the Equipment In good working order and warrantable condition,ordinary wear and tear excepted
('Good Condition".
8. LOSS;DAMAGE;INSURANCE You shell,at all times during this Lease,(I)bear the risk of loss and damage to the Equipment and shall continue performing all Your
obligations to Us even If It becomes damaged or suffers a loss, (II)keep the Equipment insured against all risks of damage and loss("Property Insurance")in an amount
equal to Its replacement cost,with Us named as sole loss payee'(with a lender's loss payable endorsement 8 required by Lessor or an Assignee),and (III)any public
ilabRlty Insurance coierng bodily lnjwy and property damage('Uabllity Insurance"in an amount acceptable to Us,with Us named as an additional insured thereunder.You
have the choke of satisfying these Insurance requirements by providing Us with satisfactory evidence of Property and Liability Insurance(Insurance Paor),within 30 days
of the Commencement Date.Such insurance Proof must provide for at Nast 30 days prior written notice to Us before it may be cancelled or termkated and must contain
other terms satisfactory to Us. With Our prior written consent, You may satisfy Your Property Insurance chligatlo s under this Section B by means of a self-insurance
program reasonably acceptable to U; If you do not provide Us with Insurance Proof whin 30 days of the Commencement Date,or If such Insurance terminates for any
reason,then(a)You agree that We have the right,but not the obligation,to obtain such Property Insurance and/or Liability Insurance in such fors and amounts from an
Insurer of Our choosing In order to protect Our interests("Other Insurance'),and(b)You agree that We may charge you a periodic Charge for such Other Insurance.This
periodic charge will Include reimbursement for premiums advanced by Us to purchase Other Insurance,billing and tracking fees,charges for Our processing and related fees
associated with the Other Insurance,and a Rance charge of up to 18%per annum(or the maximum rate allowed by law V lea)on any advances We make for premiums
(collectively,the Insurance Charge").We and/or one or more of our affiliates and/or agents may revere a portion of the Insurance Charge,which may include a profit We
are not obligated to obtain,and may cancel,Other Insurance at any time without notice to You.Any Other Insurance need not name You as an ensured or protect Your
interests.The Insurance Charge may be higher than If You obtained Property and lability Insurance on Your own.
9. ASSIGNMENT.You shall not sell,transfer,assign or otherwise encumber(collectively,'9ansfer')this Lease.or Ranter or sublease any Equipment,in whole or In
part,without Our prior written consent.We may,without notice to you,Transfer Our interests In the Equipment and/or this Lease, in whole or In aft,to third party(an
'Assignee'), In which case the Assignee wig,to the extent of such Transfer,have all of Our tights and benefits but will not have to perform Our obligations(If any).Any
Transfer by Us will not relieve Us orOur obligations hereunder.You agree not to assert against the Assignee any claim,defense or offset You may have against Us. You
acknowledge that neithassertWe nor the Supplier are agents of any Assignee.
10. TAXES AND OTHER FEES.You are responsible for all taxes(Including,without limitation,sales,use and personal property taxes,excluding ply taxes based on Our
Income),assessments,license end registration fees and other governmental charges relating to this Lease or the Equipment(collectively"Govemmabl Charges').Sales or
use taxes due upfront will be payable over the Initial Term,with a fimence charge.You authorize Us to pay any Governmental Charges as they become due,and You agree to
reimburse Us promptly upon demand for the full amount_You agree to pay Us a fee for Our administratlon of taxes related to the Equipment.You also agree to pay Us upon '
demand (U for all costs of filing, amending and releasing UCC financing statements,and (I1) a documentadotrprowsin9 fee in the amount set forth on Page 1(or as
otherwise agreed to).You also agree to pay Us a fee Or additional services We may provide to You at Your request during this Lease.If You a request,and We permit the
early termination(excluding a termination pursuant to an event of Non-Appropriation)of this Lease,You acknowledge that there may be a cost or charge to You for such
privilege. In connection with the expiration or earlier termination of this Lease,You agree to pay Us any Governmental Charges accrued or assessed but not yet due and
payable,or Our estimate of such amounts.You agree that the fees and ether amounts payable under this Lease may Include a profit to Us and/or the Supplier.
11. DEFAULT;REMEDIES.You will be In default hereunder if:(1)You fall to pay any amount due hereunder within 15 days of the due date;(2)You breach or attempt to
breach any other term,representation or coveant herein or in any other agreement now existing or hereafter entered into with Us or any Assignee;(3)an event of default
occurs under any obligation You may now or hereafter owe to any affiliate of Us or any Assignee;(9)You file,or there is filed against You,a case or proceeding under any
bankruptcy,Insolvency or other similar laws,or(5)You suffer an adverse change In Your financial condition.If You default,We may do any or all or the following:(A)cancel
this Lease,(8)require You to promptly return the Equipment pursuant to Section 12,(C)take possession of and/or render the Equipment(including any software)unusable
(and for such purposes You hereby authorize Us and Our designees to enter Your premises,with or without prior notice or other process of law),and sell,lease or otherwise
dispose of the Equipment on such terms and In such manner as We may In Our sole discretion determine,(0)require You to pay to Us,on demand,liquidated damages In an
amount equal to the sum of(I)all Payments and other amounts then due and past due,and(II)all remaining Payments for the remainder of Your Ben-current fiscal period
(such amounts specified In sub-clauses`r through"I'referred Co below as the'Balance Duel,and/or(E)exercise any other remedy available to Us under law.You also
agree to reimburse Us on demand for all reasonable expenses of enforcement(including,without limitation,reasonable attorneys'fees and other legal costs)and reasonable
expenses of reassessing, 'holding, preparing for disposition, end disposition (-Remarketing" of the Equipment. In the event We are suorcul In Remarketing the
Equipment,We shall glee You a credit against the Balance Due in an amount equal to the present value of the proceeds received and to be received from Remarketing minus
the above-mentioned costs(the"NetiProceedc).If the Net Proceeds are less than the Balance Due,You shall be liable for such deficenty.Any delay or failure to enforce
Our rights hereunder shall not constitute a waiver thereof.The remedies set forth herein are cumulative and may be exercised concurrently or separately.
12. RETURN OF EQUIPMENT.If You are required to return the Equipment under this Lease,You shall,at Your expense,send the Equipment to any location(e)that We
may designate and paylUs a handling fee of$250.00.The Equipment must be properly pecked for shipment,freight prepaid end fully insured,and must be received In Good
Condition(defined in Section 7).All terms of this Lease,Including Your obligation to make Payments and pay all other amounts due hereunder shall continue to apply until
the Equipment is received by Us in accordance with the terms of this Lease.You are solely responsible for removing all data from any digital storage device,hard drive or
other elechonk medium prior to returning the Equipment or otherwise removing or allowing the removal of the Equipment from Your premises for any reason(and You are
solely responsible fbr selecting an appropriate removal standard that meets Your business needs and complies with applicable laws). We shall not be liable for any losses,
directly or indirectly arising out of,or by reason of the presence and/or use of any information.Images or content retained by or resident In any Equipment returned to Us or
repossessed by Us.
13. APPLICABLE LAW;SEVERAB;UTY.This Lease shall be deemed fully executed and performed In the State In which You are located.YOU AND WE HEREBY WAIVE
YOUR AND OUR RESPIECTIVE RIGHTS TO A TRIAL BY JURY IN ANY LEGAL ACTION.If any amount charged or collected under this Lease is greater than the amount
allowed by law(an"ExCW Amount"),then(i)any Excess Amount charged but not yet paid will be waived by Us and(10 any Excess Amount collected will be refunded to.You
or applied to any other amount then due hereunder.Each provision hereof shall be interpreted to the maximum extent possible to be enforceable under applicable law.U any
provision is construed to be unenforceable,such provision shall be Ineffective only to the extent of such unenforceablllty without Invalidating the remainder hereof.
14. GOVERNMENTAL PROVISIONS.You hereby represent,warrant and covenant te Us that:(a)You Intend,subject only to this Section 19,to remit to Us all sums due
and to become due under this Lease for the lull Term; (b)Your governing body has appropriated sufficient funds to pay all Payments and other amounts due during Your
current Baal period; (c)You reasonably believe that legally available funds In an amount sufficient to make all Payments for the full Term can be obtained;and(d)You
Intend to do all things lawfully within Your power to obtain and maintain lands from which Payments may be made.Inducting making provision for such payments t0 the
extent necessary in each budget or appropriation request submitted and adopted In accordance with applicable law. If Your governing body falls to appropriate sufficient
funds to pay all Payments and other amounts due and to become due hereunder in Your next fiscal period('Nee-Appropriation"),then(I)YOU shall promptly notify Us of
such Nee-Appropriation,(II)this Lease wig terminate as of the last day of the fiscal period for which appropriations were received,and(IIQ You shall return the Equipment to
Us pursuant to Section 12.Your obligations under this Lease shall corstlate a current expense and shall not in any way be construed to be a debt in contravention of any
applicable constitutional or statutory limitations or requirements concerning lour creation or indebtedness,nor shall anything contained herein constitute a pledge of Your
general tax revenues,funds or menies.You Winer represent,warrant and covenant to Us that:(a)You have the power and authority under applicable law to enter into this
Lease and the oensactions contemplated hereby and to performlag of Your obligations hereundeq(b)You have duly authorized the execution and delivery of this Lease by
appropriate official actin of Your governing body and You have obtained such other authorizations,consents and/or approvals as are necessary to consummate this tease,
(C)all legal and other requirements have been met,and procedures have occurred,to render this Lease enforceable against You In accordance with its terms,and(d)You
have compiled with all public bidding requirements applicable to this Lease and the transactions contemplated hereby.
1S. MISCELLANEOUS.You shall fbnish Us or an Assignee with current financial statements,current budgets and/or proof of appropriations for each ensuing fiscal period
upon request by Us or an Assignee.You authorize Us or an Assignee to(a)obtain credit reports or make credit Inquiries In connection with this Lease,and(b)provide Your
credit application,information regarding Your Lease account to credit reporting agencies,potential Assignees.Vendors and parties having an economic interest M Oils Lease
and/or the Equipment.This Lease may he executed in counterparts,each of which shall be deemed an original,but a0 of which together shall constitute the same document;
provided,however,only the couneryptt which Is marked"Original'and is in Our possession shall constitute chattel paper under the UCC.You acknowledge that You have
received a copy of this Loa and agree that a facsimile or other copy containing Your faxed,copied or electronically transmitted signature may be treated as an original and
will be admissible as evidence of this Lease.You waive notice of receipt of a copy of this Lease with Our original signature.
e5157935 v1 PL-OA-MR Municipal FMV(01/26/15) Page]of 2
NATHDNAL
Business Technologies
•
Name Town of Queelytbury Customer Name Customerp
TQo2
Address)@ Bay Road Address
Address Address
City State Zip City State Zip
Queensbury NY 12004
Contact E-mall Contact E-coed
Barbara homey barbarat@qu<ensbury.net Fax
Phone checkMox N SNP O Phone
1518)761-0200 • to is SAME as Bill o
OEMR . CCJM TIM1s, 18RkE .} MODEL OESWNP ION' PRM£
.I Kyocera TAsialfa 1353e1 73/65 PPM A3 Color MFP
•
See Schedule A for Accessories
OMNIA K R19110X
U OTHER-LlatBelow (INCLUDINGTRA(1ES)
DELIVERY
O Service Included In lease payment
Pricing includes purchase of accounting copier 139094)to be repurposed to Building and Codes to SUBTOTAL
replace B4376 i
Add to current all Inclusive GoldAlliance service agreement covering everything except paper and TAX
staples.Remove B4376 and B91179 '
63 Month FMV Monthly Lease Payment TOTAL ❑+ monthly
$340.50
•
Q CHECKYOTS,OMlR
❑ Exsisting Lease Obligation ❑ Other
Add to contract CN2867-02 and remove 89376 and B9879
SERVICE AGNOMEN(
❑+ GOLD AWAI'CE PROGRAM—Priority Service Guaranteed(Covers all parts,labor,travel and supplies except paper and staples)
B&W prints included in pooled volume of CN2867-02 with an overage rate of 0.0160
Color prints Included in pooled volume of 042867-02 with an overage rate of 0.1106
❑ STANDARD SERVICE AGREEMENT:Billed at$ per month.Covers all parts. abor and travel.Excludes all consumabes(loner,Ink.image
units.fuserii stamps,sealant.etc,
NATIONAL AUNodzetl SignatureDate
Customer Authorized Signature Date
Purchase Order
Print Name 01 Authorized Signor
TERMS ANO CONDITIONS. NATIaNAL`
Purchaser hereby agrees to the follow terms and conditions. Sustain;Technologies
1.ThIs order shall bfcome binding once approved and accepted by Stallona(
E.This order may not be cancelled or altered after acceptance without National's consent
3.seller shall net be liable far failure to deliver or for delays occasioned by causes beyond National's control,Including without limitations,strikes.non-delivery or delays by shipper,carriers,
or others,accidents or government acts.
4.National shall not be liable for any special,indirect or consequential damages,nor shag National be liable in any event for more than National's Invoice price of any equipment or supplies.
5.This Is a binding agreement and not a sale on approval an del basis.provision of this agreement,once accepted by National,constitute the entire agreements between purchaser and
National and supersede all other written or oral communication between the parses.National is specifically not bound by any oral or written representation made by its employees or
salespeople to buyer wlmich does not appear hmS in wilting. I
6.All rights,Otte or interest to the equipment orsuppies described herein shall remain the property of National lot Its leasing agent)until pa!d In full.
7.Customer shall pay all Federal,State and Local sales,use,propeM,miff se or other ares Imposed On or with respect to the equipment
8.Al invoices are due and payable with fifteen(151 days from the date of the invoice and buyer agrees to pay Interest at a of 1.5%per month on any amounts not paid within those
fifteen 115)days.Al invoices are to be paid by cash orcheck.
9.Buyer shall pay all ofteaNenars cost in collection of any amount due hereunder,In the recovery of any properly pursuant hereto or in the enforcement of its lights against buyer,including
attorney,fees whether'or not suit is brought.
10.Customer shall not assign this agreement or any interest herein without the proper written permission of National.
U.Equipment Environment Customer shall provide proper electrical service to the Equipment and shall provide an environment that is reasonably free of dust humidity,hazardous
chemicals or erratic temperature changes.Failure to provide a proper Equipment Environment may negate the terms of this Agreement
U.Purchaser herebyjolntly and severally releases,acquits,forgives,and discharges National from any actions,daims.demands.set,agreements,judgments.liabilities,and proceedings
whether arising In equity or In law and In particular rising from the pick-up and disposal of Trade-in equipment ThIs release shall remain binding upon all successors in Interest and personal
representatives of the contacting parties,to the eaten permitted by law.
13. In the event National Hues a check to the customer to satisfy an existing lease obligation,National will not be responsible for any additional amounts owed on that daring lease In exceu
of amount paid to the customer by National.National will not be responsible for any additional charges applied to the lease for any reason,Including the customer's inability to obtain Uri
Information that Is necessary to terminate the lease and return the leased equipment to that specific leasing company in a timely manner.
14.National makes no warranty expressed or Implied,of the fitness particular use or merchantability.
SERVICE AGREEMENT
L This service agreement Is for*period oHyearantl Is non-refundable and automatically renewed at the end of the contract period for successive twelve month periods,unless notification
in writing is received within ithirty(30)days prior to renewal date.Contract rates shall be those In effect at the time of renewal.
a.Payment ofsuch Invoice shall be deemed an acceptance by the customer of the terms and conditions of the agreement.If payment Is not received by National in accordance with
payment terms,National at Its option,may require a physical inspection of the equipment prior to acceptance,with all costs incurred bltled to the customer.
E.National will Install a eta Collection Agent10CAfor all networked devices t no additional charge to automate the meter ead process
a.Client will het responsible for supplying billing read for all devices not reporting on a DCA under this agreement In the event National cannot obtain an actual read for hang
purposes,an estimate based on volume history will be used.If National Is unsuccessful In obtaining an actual read for 3 consecutive months,on the third month here will be a$35.0
charge per device for a Technician to be dispatched to client's location to obtain actual read.
3.National agrees to provide maintenance service availability Monday through Friday,excluding holidays,from 53:0OAM to 5:00PM and to keep the equipment In good working order while
operated in accordance with Nationals published spedMtlons while the equipment Is located In National's area of esponsibility
a.Service rendkred under this agreement excludes any Iajservice or pans required by damage caused by accident,neglect,misuse.altering the equipment,unfavorable
environmental conditions,electric current fluctuations,work performed by other than a representative of National,or any force of nature.lb)service required due to the use of
supplies not approved by National.(c)service connected with the unauthorized relocation of the equipment.In the event that the equipment Is moved from the location set forth In
this agreement then.atNational's option,this agreement may be terminated and/or additional service charge may be made.
b.National agrees to provide toner In sufficient quantity as Veletas to the customer's usage and the manufacturer's published yields which are based on the industry standards ef6!
coverage on black&white and 25%coverage full color.In the event that the customer's actual yield varies from the manufacturer's puboihetl yklds by more than 35%.National
rees the right to remedy thisthisvariance by either adjusting the amount of toner provided Or adjusting the rate(S)of this agreement or Invoking the customers for excess toner used
Thisry does not apply to mailing systems.
c-In the event National cannot offer regular maintenance contract because normal maintenance and parts replacement can no longer keep the equipment in satisfactory
operational condition,a Conditional maintenance contract may be offered.If National cannot repair your equipment,your account will be credited with the unused potion of your
Conditional maintenance contract.Any credit balance mwM�.e ..�4a 5ha11 tr.rank/tied iv CU ItrtkC.
d.For connected digital equipment network support is not Included under this agreement.Al support calls made on network support Issues shall he billable at National's current
software labor rate.
4.All service calls mid[on equipment not under maintenance contract shall Include all parts,labor and travel costs.These costs are invoiced at National's current prevailing rates.
5.National shall have Pon and free access to the equipment to provide service thereon.
b.National reserves the right to hold service in the event the customer account balance is delinquent based on the National payment terms in effect at that time.
7.Customer agrees that National shall not incur any liability to customer for any loss of business.Loss of production,loss of data,expenses,[deny other damage,direct,indirect or
consequential,arising out of or in connection with the use or performance of this equipment.
ES This service let is not assignable or transferable by customer o a third party,nods any portion refundable.However,the service agreement is transferable to a new machine
purchased from National.
9,buyer hall pay all ofNational's cost In the collection of any amount due hereunder,in the recovery of any property pursuant hereto or In the enforcement oft rights against buyer,
Including any attorneys fees whether or not suit be brought.
Cutcome-rPk:th rned'wgials Oats
� ' r `` ' -
Item# Make Model Description
uazxezuso Kyocera
7353ci 73/65 PPM A3 Color MFP
assSN@D¢ Kycen TASKalfa 7353ci Card Authenitatlon xiNal gcProx Plus w)ICLASS USB Reader
]SO3RK2USO Kyocera TASKalfa 7353ci Fax System 12 Fax Board
uo3awzulio Kyocera TASKalfa 7353ci DF-71104,000 Sheet Finisher l65 Sheet Staple)
33D3NY3a50 Kyocera
TASKalfa 7353ci PH-7A Punch Unit for DF-7130/DF-7130
eapercut PaperCut MF PaperCut Embedded License
Date:
Signature:
NATIVNAL" Connect
Castrates Menacing/el r ConnedivllySupponAgreement
Multi-Functional Peripheral (MFP)and Printer Connectivity Support Agreement
Did you know Functionality and Configuration of Print,Scan,and Network Fax is beyond the scope of Hardware Maintenance Programs?Without
a Connectivity Suppbrt Agreement,changes within your environment that effect the lUnctlonallty of print,scan,and network fax are billable at
standard published rates on a per call,time&materials basis.
Here are some common issues related to Print,Scan Sc Network Fox:
Meld Server:need drivers Installed 'Print dryer advance option settings.
and pushed out to workstations. gran to email Issues.
-New workstations:need print drivers installed and configured. -Scan to folder issues.
Print Lobs stuck In queue. Unable to send or receive network faxes.
NATIONAL has made significant investments In highly trained and technical human resources who are continually updating their
knoedledge,skills,and capabilities-Ow Help Desk staff is capable of diagnosing a problem,isolating a fault,and fixing an issue In many
ways;over the phone,going onsite,and now remotely accessinga workstation saving valuable and frustrating downtime-The best part is
that all methods are covered under our Connectivity Support Agreement!
The Connectivity Support Programis an agreement between the client and NATIONAL.This agreement provided and serviced by
NATIONAL is a supplemental offering for our clients who are under a NATIONAL Hardware Maintenance Contract
• 1-3 Total De ices $8.25 per Printer/$13.75 per MFP/$4175 per Production&OP
' 4.10 Total Devices - 15%Discount
11-20 Total oeukes 25%Discount
More than 20 Devices Special Pricing Available
Eligibility requirements:Client must allow NATIONAL intended remote access.Client must provide NATIONAL with Administrator access
when necessary.Client must have a NATIONAL Hardware Maintenance Contract on all devises.
I
cceptNATIONAL'S Connectivity support Agreement detailed within.This Connectivity 5uppon
Agreement is bra period of'year and will be blaed on a monthly basis.It is non-refundable and automatically renewed at the end of the contract period fo
successive twelve month periods.Cancellation allowed by either party with 30 day wmten notice-I understand that this agreement can be terminated by
NATIONAL uny time if eligibility requirements are not met.This agree ment entitles your ompany employees(referred to as We hereafter),Mayan the
end uses or network administrators,access to the network support department at NATIONAL for errors relating to the functlm and setup ofthe device
pertaining to print,scan to pccan to ftp,scan to email and network fax capabilities.Although there Is not a limit to the number of contacts that an be
made to NATIONAL,the service rendered Is for support of print,scan and network fax problems and does not extend to the overall capabilities of your
network If problem extends to the overall fraction of servers,workstations,switches,hub,routers,software arthe like,then basic
will be made by the staff at NATIONAL,but repairs regarding these functions are excluded from this contract We understand that NATIONAL Is not
responsible fertile data contained on our company,servers,workstations and network peripherals nd hereby discharge them of any responsibility for any
dam that may occur as a result of loss of ata or loss of use. ay entering into this agreement we hereby agree to allow NATIONALemployees to service
our equipment. We will Initiate remote connections to allow diagno4dc and repair ervltts to be rendered In order to perform network
maintenance including print driver Installation,scan setup,network fax setup and related services.This agreement only applies to devices in our local service
ammry.
Number of Printers @$8.25 ea. Subtotal$ Unlimiled Supped Total$
Number of MFP's (g $18.75 ea. Subtotal S Discount% ($
Number of Production/KIP'S @$41.75 ea. Subtotal$ Total Monthly Price$
Company Town of Queensbury
Client Signature Date
I,I I I decline NATIONAL'S Connectivity Support Program
detailed above.I understand Functionality and Configuration of Print,Scan,and Network Fax is beyond the
scope of all Hardware Maintenance Contract.Without a Connectivity Support Agreement,service calls
related to the functionality of print,scan and network fax will be billable at standard published rates on a pert.
call,Lime&materials basis.
Date 8 I 25 I 2023
Company Town of Queensbury Client Signature
I,
•
CONNECTIVITY INSTALLATION AGREEMENT
NATIONAL
Business Teelinofogles
This Connectivity Installation Agreement(this"Agreement")elated as of 8 I 25 I 2023
between NATIONAL or one of its subsidiaries as designated in the signature block below("NATIONAL")and the
undersigned customer("Customer")sets forth the terms and conditions under which NATIONAL shall provide the
Products and Services described in Sales Orders issued under this Agreement.This agreement excludes Scanners,
Production,Wideformat equipment,3rd party,external print controllers,or installs outside the NATIONAL service
area.O(ie to the complex nature of these solutions,custom installation is required.NATIONAL agrees to provide up to
two(2)man hours on each Multi-Function(MFP)to install and configure connected equipment purchased from
NATIONAL.NATIONAL will provide the drivers necessary to Install the MFP's on up to five(5)workstations directly
connected or in the case of a device with an integrated network adapter,connected to thenetwork.This installation is
subjectto the following terms and conditions.
NATIONAL Responsibilities
•Schedule installation-confirm network connection,cable,and power exists at desired installlocation prior to
scheduling
•Work with customers assigned technical contact(required)to install and configure equipment
• Configure the following options as regi)ired:oAccessible on the network-Load Drivers to Created Network Share,Test
connection for oneidentified workstation
o Network Printing-install Driver Locally on device to print to network printer
o Scan to email-Enter email SMTP information and instruct designated individual how toenter destination into
address book.
o Scan to FTP/SMB
o Fax Forward
o Test and confirm functionality with contact,on items stated above
•Train key operator on functionality and basic administration
Customer Responsibilities
•Provide all network and machine programming information prior to machine installation.(Thefollowing are some
examples;IP addresses,Email SMTP,Scan to FTP,Fax Forward)
• Provide tested network connection near equipment
•Provide proper power connection near equipment
•Access to network administrator or technical contact during installation
•Provide workstation connected to network with access to network resources(Server,Internet)
• Workstation must meet or exceed minimum operating requirements and have current service packsand updates
•Supported Operating Systems
•Provide static IP addresses for equipmeint to be connected prior to delivery
• Create required shares/folders/FTP Services as needed for desired functionality prior to delivery
• Provide desktop and/or server administrative access sufficient to complete the NATIONALresponslbilities identified
above
•
CONNECTIVITY INSTALLATION AGREEMENT
Clarifications r
1.Server Setup:Connectivity Installation Includes only workstation software and configuration.Any required server
installation andconfiguration is the responsibility of the customer. NATIONAL will not make any changes to the
customers network,servers,security,firewalls,etc;that may be required for complete functionality of solution.
2.Software Licensing:All software installed at the customer's location is governed by its original licensing agreement
and shall be thecustomer's responsibility to maintain and keep current with any manufacturer released updates.
3.Third Party Software:Third Party Software functionality is the responsibility of the customer and the vender of the
software.
4.Hardware/Software Modifications:If the customer changes the operation environment,including but not limited
to changing operatingsystems,network software,hardware and software upgrades,software application changes,etc.,
to such a degree that further software installations or modifications are required,such installations or modifications
shall be billable at the current NATIONAL hourly rates.
5. Loss of Data:The customer acknowledges that it is the customers responsibility to maintain a current backup of their
program and data filesto restore any lost data. NATIONAL cannot be held responsible for any loss of data.
6.Phone Support:Telephone support is included for 30 days from the date of installation.Any phone support required
beyond this period willbe billable at the current NATIONAL rates and charged at a per incident basis.If determined by
the NATIONAL Support Specialists that theissue requires onsite support to resolved,then a Specialist will be scheduled
for onsite support and the visit will be billable at the onsitesupport rates.
7.Onsite Support:All onsite support required on issues beyond the included two(2)hours will be billable at the current
NATIONAL hourly rates,with a one(1)hour minimum for onsite.
8.Additional Software/Driver Installations and Setup:Additional installations are the responsibility of the customer.
Additional installations byNATIONAL shall be billed at the current NATIONAL rates.
9.Third Party Network Administrator:In the event a Third Party Network Administrator is utilized,all charges for the
Third Party Adminlstrator'stime is the sole responsibility of the customer.
10.Software Upgrades:Any software upgrades,service packs,feature releases,made available by the manufacturer
would be deployed by the customer at their discretion. NATIONAL can be contracted for these services for additional
fees. 1
11.Functionality Responsibility:NATIONAL Is only responsible for machine functionality not the network,server or
individual computers.We will verify machine functionality to one of our computers if necessary and possible to
determine that NATIONAL's equipment is operatingnormally.
12.Multi-Machine Installation:On multi-machine installation the Installation time is not accumulative.
0 DCA Requested ❑ No DCA Requested
•We use our Data Collection Agent(DCA)for-Just in Time Fulfillment and meter reads.
*our
18) 24-645S. reliable,however if your machine indicates that it needs toner and you do not have any toner on hand,please call
(618)724-6455.
•From time to time,your DCA connection may become stale.Our Customer Service Team will look at our stale list every morning.If
your DCA connection is stale,our CSR will call your DCA Contact so you can have it reinstalled by your IT Staff.
Title: Title:
IT Contact: I I DCA Contact:
IT Phone: DCA Phone:
IT e-mail: DCA e-mail:
NATIONAL BUSINESS TECHNOLOGIES CUSTOMER NAME: Town of Queensbury
By: l By:
Name: Name:
1