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3.9
AGREEMENTS\National Business Equipment—Building and Codes—7-26-2021
RESOLUTION AUTHORIZING LEASE AGREEMENT BETWEEN TOWN
AND NATIONAL BUSINESS EQUIPMENT FOR NEW MACHINE IN
BUILDING AND CODES ENFORCEMENT DEPARTMENT
RESOLUTION NO.: ,2021
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 69,2015, the Queensbury Town Board authorized a Lease
Agreement for office equipment with National Business Equipment, and
WHEREAS, the Town wishes to enter into an additional Lease Agreement pertaining to a
new Kyocera Mita Model Taskalfa 6053ci machine to be located in the Building and Codes
Enforcement Department,and
WHEREAS, such proposed Lease Agreement is presented at this meeting,
NOW, THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Lease
Agreement between the Town of Queensbury and National Business Equipment substantially in the
form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
r
execute such Lease Agreement and any other necessary documentation and authorizes and directs
the Town Supervisor, Town Budget Officer, Town Assessor and/or Town Counsel to take such
other and further action necessary to effectuate the terms of this Resolution.
Duly adopted this 26`" day of July, 2021, by the following vote:
AYES
NOES
ABSENT:
v
NADONAL
Business Equipment&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 Mueller/Vice President
Date: July 20t', 2021 Quote Valid for30 Days
Manufacturer KYOCERA MITA
Model Taskalfa 6053ci (Building &Codes)
SEE BROCHURE FOR FULL SPECIFICATIONS LIST
Output Sizes 5.5"x 8.5" --> 12" x 18"
Paper Sources 2/500 Sheet Trays, 2/ 1,500 Sheet Trays 150 Sheet By
Pass Tray
Total Paper Supply 4,150 Sheets
Document Processor 140 Sheet RADF Document Processor
Duplex Automatic, Unlimited
Warm Up Time 30 seconds
First Copy Out Time 4.3 seconds
Multi Copy Speed 60 copies per minute
Image Modes Text, Photo, Text/Photo
Exposure Controls Auto, Manual
Reduction & Enlargement Pre-Set Ratios plus 25 -400% Zoom
Memory 4 GB, 320GB Hard Drive
Stand Included'
Printing Standard Printing & Network Interface Included, USB Host
Host Interface
Scanning Standard Network Scanning, Scan to Folder, Color Scan
Scan to E-mail, Scan to FTP, Scan to USB
Finishing 1,000 Sheet Finisher,Attachment Kit, 2/3 Hole Punch
Fax Fax/Network Fax
Purchase Price: (Suggested Retail Price: $31,571)
$ 8,272.46 Taskalfa 6053ci
$ 651.82 140 Sheet RADF Document Processor(DP-7100)
$ 634.80 Dual 1,500 Sheet Trays (PF-7110)
$ 646.80 Fax System (Fax 12)
$ 708.40 1,000 Sheet Finisher(DF-7120)
$ 73.60 Attachment Kit(AK-7110)
$ 261.00 2/3 Hole Punch(PH-7A)
$ 675.00 Connectivity &Training
$11,971.08 PEPPM Contract#529561
Lease Options: FMV with$0 Down Payment
34 Months: $360.68 per month added coterminously to current master lease
60 Months: $216.68 per month
Businoss Tochnororglos
Name Town of Queensbury Customer# Name Customer#
Address 742 Bay Rd. Address
Address Address
city Queensbury state NY zip 12804 city state zip
Contact Barbara Tierney E-mail Contact E-mail
Phone 518-761-8240 Check Box if Ship ❑ Phone Fax
to is SAME as Bill to
yr NtQDEL/DESCRIFnQN SERIAL-# PRICE
Y, rrEiVl' QUANTITY . MAKE
Building&Codes Kyocera Taskalfa 6053ci (Suggested Retail Price$31,571) $8,272.46
DP-7100 140 Sheet RADF Document Processor $651.82
PF-7110 Dual 1,500 Sheet-Trays $634.80
Fax 12 Fax System $646.80
DF-7120 1,000 Sheet Finisher $708.40
AK-7110 Attachment Kit $73.60
PH-7A 2/3 Hole Punch $261.00
Connectivity&Training PEPPM Contract $675.00
OTHER,Llst'9elow IINCL•U N"TRADES
��.-. »�s a„ � a ., N t � :i
DELIVERY
Service included in lease payment
34 Month FMV Coterminous Lease of$360.68 per month SUBTOTAL
p $11,971.08
to be added coterminously to current master lease TAX
MONTHLY TOTAL
Add to current service agreement and remove B4375
CHECK TNw!i OMER .,
❑Exsisting Lease Obligation Other
Explanation
SERVICE AGREE ENT _ .` - "_` -• r'�,;:
GOLD ALLIANCE PROGRAM—Priority Service Guaranteed(Covers all parts,labor,travel and supplies except paper and staples)
Billed at$ per month,includes B&W copies per month.Excess at$ per copy.
Billed at$ per month,includes COLOR copies per month.Excess at$ per copy.
STANDARD SERVICE AGREEMENT:Billed at S per month.Covers all parts,labor and travel.Excludes all consumables(toner,ink,image units,
fusers,stamps,sealant,etc.)
• :
ORUER,AGCEPTANCE1 ANSI
NATIONAL Authorized Signature Date
Customer Authorized Signature " Date
Print Name of Authorized Signor Purchase Order
i
TERMS AND CONDITIONS IMM ONR&'
Purchaser hereby agrees to the follow terms and conditions. Business 7echnolooies
1.This order shall become binding once approved and accepted by National.
2.This order may not be cancelled or altered after acceptance without National's consent.
3.Seller shall not be liable for 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 shall National be liable in any event for more than National's Invoice price of any equipment or supplies.
S.This is a binding agreement and not a sale on approval or trial basis.Provisions 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 parties.National Is specifically not bound by any oral or written representation made by Its employees or
salespeople to buyer which does not appear herein In writing.
6.All rights,title or interest to the equipment or supplies described herein shall remain the property of National(or its leasing agent)until paid in full.
7.Customer shall pay all Federal,State and Local sales,use,property,excise or other taxes imposed on or with respect to the equipment.
8.All invoices are due and payable with fifteen(15)days from the date of the invoice and buyer agrees to pay interest at a rate of 1.5%per month on any amounts not paid within those
fifteen(15)days.All invoices are to be paid by cash or check.
9.Buyer shall pay all of National's cost in collection of any amount due hereunder,in the recovery of any property pursuant hereto or In the enforcement of its rights against buyer,including
attorney's 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.
11.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.
12.Purchaser hereby jointly and severally releases,acquits,forgives,and discharges National from any actions,claims,demands,suits,agreements,judgments,liabilities,and proceedings
whether arising in equity or in law and in particular arising 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 contracting parties,to the extent permitted by law.
13. In the event National isues a check to the customer to satisfy an existing lease obligation,National will not be responsible for any additional amounts owed on that existing lease in excess
of the 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 the
information that is necessary to terminate the lease and return the leased equipment to that specific leasing company Ina timely manner.
14.National makes no warranty expressed or Implied,of the fitness a particular use or merchantability.
SERVICE AGREEMENT
1.This service agreement Is for a period of 1 year and is non-refundable and automatically renewed at the end of the contract period for successive twelve month periods,unless notitication
In writing is received within thirty(30)days prior to renewal date.Contract rates shall be those in effect at the time of renewal.
a.Payment of such 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,withal[costs Incurred billed to the customer.
2.National will install a Data Collection Agent(DCA for all networked devices at no additional charge to automate the meter read process
a.Client will be 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 billing
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 there will be a$25.00
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 B:OOAM to 5:00PM and to keep the equipment in good working order while
operated in accordance with National's published specifications while the equipment Is located in National's area of responsibility.
a.Service rendered under this agreement excludes any(a)service or parts 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.(b)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,at National'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 it relates to the customer's usage and the manufacturers published yields which are based on the industry standards of 6%
coverage on black&white and 25%coverage full color.In the event that the customer's actual yield varies from the manufacturer's published yields by more than 25%,National
reserves the right to remedy this variance by either adjusting the amount of toner provided or adjusting the rate(s)of this agreement or invoicing the customers for excess toner used.
This 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 portion ofyour
Conditional maintenance contract.Any credit balance must be used towards future purchase with Natlonal.
d.For connected digital equipment,network support Is not included under this agreement.All support calls made on network support issues shall be billable at National's current
software labor rate.
4.All service calls made on equipment not under maintenance contract shall Include all parts,labor and travel costs.These costs are invoiced at National's current prevailing rates.
S.National shall have full and free access to the equipment to provide service thereon.
6.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,or any other damage,direct,indirect or
consequential,arising out of or in connection with the use or performance of this equipment.
8.This service agreement Is not assignable or transferable by customer to a third party,nor is any portion refundable.However,the service agreement Is transferable to a new machine
purchased from National.
9.Buyer shall pay all of National's cast in the collection of any amount due hereunder,in the recovery of any property pursuant hereto or in the enforcement of its rights against buyer,
Including any attorneys fees whether or not suit be brought.
Customer Authorized initlal4 Date_ 1 I I 2021
CO-TERMINOUS ADDENDUM
Full Legal Name Town of Queensbury DBA Name(IIAny)
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w Billing Address 742 Bay Rd. Phone Number (518)869-9200
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City Queensbury County Slate NY Zip Code 12804
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'*z Original Lease Number 500-50011374
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Equipment Location Number of Lease (PLUS) EQUALS Total Lease
(if not same as above) Lease Payments Payment Sales Tax (EQUALS) Payment
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w� City County Stale_ Zip 34 $360.68 + '
2 Quantity Model Number Description(Attach Schedule If Necessary) + _
W U_ 1 TA6053ci Finisher/Hole Punch/Large Trays
az + _
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ca Term of Lease 34 Lessee Tax No.
a a VMonthly
II an Accessory is being added to an existing leased asset, Paymen)Frequency: ❑Ouanerly
please list serial!of asses here: ❑Semi-Annual ❑Other
WHEREAS, Lessor and the above described Lessee("Lessee")have determined TO INDUCE LESSOR TO ENTER INTO THE WITHIN CO-TERMINOUS ADDENDUM,THE UNDERSIGNED
that it is to their mutual benefit to make certain additions to the above described UNCONDITIONALLY GUARANTEES TO LESSOR THE PROMPT PAYMENT WHEN DUE,OF ALL OF
Lease("Lease"). LESSEE'S OBLIGATIONS TO LESSOR UNDER THE CO-TERMINOUS ADDENDUM.LESSOR SHALL NOT
NOW,THEREFORE,for good and valuable consideration,intending to be legally BE REQUIRED TO PROCEED AGAINST LESSEE OR THE EQUIPMENT OR ENFORCE ANY OTHER REMEDY
bound and pursuant to the Terms and Conditions of the Lease,it is hereby agreed BEFORE PROCEEDING AGAINSTTHE UNDERSIGNED.THE UNDERSIGNED WAIVES NOTICE OF ACCEP-
as follows: TANCE HEREOF AND ALL OTHER NOTICES OR DEMAND OF ANY KIND TO WHICH THE UNDERSIGNED
1. The above described items of additional equipment("Additional Equipment") PINY BE ENTITLED.THE UNDERSIGNED CONSENTS TO ANY EXTENSIONS OR MODIFICATION GRANT-
are added to the Equipment in the Lease. ED TO LESSEE AND THE RELEASE AND/OR COMPROMISE OF ANY OBLIGATIONS OF LESSEE OR ANY
2. Lessor hereby leases the Additional Equipment to the Lessee (jointly and OTHER OBLIGORS AND GUARANTORS WITHOUT IN ANY WAY RELEASING THE UNDERSIGNED FROM
severally, if more than one) pursuant to the above described additional monthly HIS OR HER OBLIGATIONS HEREUNDER.THIS IS A CONTINUING GUARANTEEAND SHALL NOT BE DIS-
payment ("Additional Monthly Payment")and for the above described number of CHARGED OR AFFECTED BY DEATH OF THE UNDERSIGNED,SHALL BIND THE HEIRS,ADMINISTRA-
monthly payments. TORS,REPRESENTATIVES,SUCCESSORS AND ASSIGNS OF UNDERSIGNED AND MAY BE ENFORCED
3. Lessor shall invoice Lessee for the Additional Monthly Payment and sales lax for BY OR FOR THE BENEFIT OFANY ASSIGNEE OR SUCCESSOR OF LESSOR.THIS GUARANTY SHALL BE
the Additional Equipment. The first Additional Monthly Payment is due on the date the GOVEFINED BY THE LAWS OF PENNSYLVANIA AND I CONSENT TO JURISDICTION IN ANY STATE OR
Additional Equipment is delivered to Lessee and subsequent payments are due on the �7 FEDERAL COURT INPENNSYLVANIA.
same day of each month thereafter which will continue for the above described term. ¢ Signature X
4. The amount of each Additional Monthly Payment is based on the supplier's best
estimate of the cost of the Additional Equipment including(if applicable)installation and a Print Name Dale
other related costs and the estimated sales or use tax. The Additional Monthly Payments ca
will be adjusted proportionately upward or downward if the actual total cost of the Home Address
Additional Equipment or sales or use tax is more or less than the estimate and,in that City Seale Zip
event,Lessee authorizes Lessor to adjust the Additional Monthly Payments by up to fif
teen percent(15%). Phone
5. If Lessee has not accepted the Additional Equipment in all respects for the pur-
pose of this Addendum within 30 days from the date Lessee's credit was approved by Signature X
Lessor, Lessee authorizes Lessor to reduce the number and increase the amount of
Additional Monthly Payments to be made by Lessee to maintain the rate of return reflect- Print Name Date
ed by the above described payment schedule and to reflect that the termination date of Home Address
the Addendum coincides with the termination date of the Lease.
6. If Lessee has not accepted the Additional Equipment within 30 days from the City State Zip
date Lessee's credit was approved by Lessor, Lessee further authorizes Lessor to
increase the Additional Monthly Payments to increase the Implicit rate of the Additional Phone
Monthly Payments to the Lessor in an amount equal to any increase in the rate of two-
year Treasury Notes from the date Lessee's credit was approved to the date Lessee
accepts the Additional Equipment. ui 'Sfgpalure Xi
7, Lessee agrees to pay all adjusted Additional Monthly Payments as and when due W 2 _ =-= (CTA MUST BE SIGNED BY AUTHORIZED eeeP0e0.TE OFFICER,PAmNEn OR PaePe Efee)
W=,
under this Addendum- �r— Piinl•Name
8. lessee will be charged a returned check or non-sufficient funds charge('NSF ��?.Tillip-" Date
Charge')to reimbuuse Lessor for the time and expense incurred with respect to a check y
that is returned for any reason including non-sufficient or uncollected funds,such NSF Legal Name of Corporation or Partnership Town of Queensbury
Charge is stipulated and liquidated at$25.00.
9. Lessee agrees to pay Lessor a fee of$75.00 to reimburse Lessor's documenta-
tion costs. You acknowledge IM the Equipment shown above,has been received,has been put In use,is In gcod•working order
10.Lessee agrees that Lessor may combine the Additional Monthly Payment and cWi and issatistactory and acceptable.
sales tax with the current Lease payment and invoice Lessee for the combined payment. F Sighature X
11.It is expressly agreed by the parties that this Addendum is supplemental to the a
Lease which is by reference made a part hereof,and all the Terms and Conditions and C PiihMame
provisions thereof,unless specifically modified herein,are to apply to this Addendum
and are made a part of this Addendum as though they were expressly rewritten,incor T(le Date
porated and included herein. N
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12,in the event of any conilict,inconsistency or incongruity between the provisions e N
of this Addendum and any of the provisions of the Lease, the provisions of this Ly Signature c
Addendum shall in all respects govern and control.YOU AGREE THAT A FACSIMILE COPY OF THIS DOCUMENT WITH FACSIMILE SIG- `_'1 Title Date L,O
NATURES MAY BE TREATED AS AN ORIGINAL AND WILL BE ADMISSIBLE AS EVIDENCE a IN A COURT OF LAW. m Legal Name of Colpbralion or Partnership o
@2007All Rights Reserved.Printed In the U.SA 070EDOG212 V87
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NATEoNAL
Business Equipment CONNECTIVITY INSTALLATION AGREEMENT
This Connectivity Installation Agreement(this"Agreement") dated as of 20 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, Wide format
equipment, 3'd party, external print controllers, or installs outside the NATIONAL service area. Due to the complex
nature of these solutions,custom installation is required.
NATIONAL agrees to provide up to two (2) man hours on each 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 the
network. This installation is subject to the following terms and conditions.
NATIONAL Responsibilities
• Schedule installation - confirm network connection, cable, and power exists at desired install
location prior to scheduling
• Work with customers assigned technical contact(required)to install and configure equipment
■ Corifigure the following options as required:
a Accessible on the network-Load Drivers to Created Network Share,Test connection for one
identified 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 to
enter 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 programing information prior to machine installation. (The
following 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 requitements and have current service packs
and updates applied
• Supported Operating Systems
• Provide static iP addresses for equipment 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 NATIONAL
responsibilities Identified'above
111612016 Pagel of 2
d
ConnectivilyInstallation Agreement
Clarifications
1. Server Setup: Connectivity Installation Includes only workstation software and configuration. Any required server installation and
configuration Is the responsibility of the customer. NATIONAL will not make any changes to the customer's 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 the
customer'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 operating
systems, 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. Lass of Data:The customer acknowledges that It is the customer's responsibility to maintain a current backup of their program and data files
to 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 requited beyond this period will
be billable at the current NATIONAL rates and charged at a per incident basis. If determined by the NATIONAL Support Specialists that the
issue requires onsite support to resolved,then a Specialist will be scheduled.for onsite support and the visit will be billable at the onslte
support 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 by
NATIONAL shall be billed atthe current NATIONAL rates.
9. Third Party Network Administrator.In the event a Third Party Network Administrator Is utilized,all charges for the Third Party Administrator's
time 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.
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 operating
normally.
12. Multi-Machine Installation:On multi-machine installation the installation time is not accumulative.
This document must be signed by customer and a representative of NATIONAL prior to beginning installation. By signing you are agreeing to the
terms outlined in this document.
0 DCA Requested Q No DCA Requested
• We use our Data Collection Agent(DCA)forJust In Time Fulfillment and meter reads.
• Our DCA is very reliable,however if your machine indicates that it.needs toner and you do not have any toner on hand,please call
(518)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.
■ We will train your IT Staff how to connect our DCA.
i?IT Cmatt: �I DCA'Con Rt:
t TT P one: t DCA P ne•
NMT
mall: DC"Ae mail:
EMPIRE-,
NATIONAL BUSINESS EQUIPMENT CUSTOMER NAME:
1S Lv tit v r�zr-�S G+-+
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By: By;
Signature Signature
Name: Name: V �
Princ orType Print or Type
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