3.14 3.14
AGREEMENTS\National Business Equipment—Assessor's Office Machine—9-13-2021
RESOLUTION AUTHORIZING LEASE AGREEMENT BETWEEN TOWN
OF QUEENSBURY AND NATIONAL BUSINESS EQUIPMENT FOR NEW
MACHINE IN TOWN ASSESSOR'S OFFICE
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 Town Assessor's Office,
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
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 13Ih day of September,2021,by the following vote:
AYES
NOES
ABSENT:
TERMS AND CONDITIONS MT 0 JP&,
Purchaser hereby agrees to the follow terms and conditions. 13usslness Tochnologlos
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. 11
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 in a 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 notification
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,with all 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 manufacturer's 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 a 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 of your
Conditional maintenance contract.Any credit balance _-�il&l t loz V- (tLr-u-d%40_d -jV+tl P—COS{"G rL'%Qd`. ------ �
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.
5.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.
B.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 cost 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 attorney's fees whether or not suit be brought.
Business Technologies
Name Town of Queensbury Customer# Name Customer#
T 02
Address742 Bay Road Address
Address Address
City State Zip City State Zip
Queensbury NY 12804
Contact E-mail Contact E-mail
Barbara Tierney barbarat@queensbury.net
Phone Check Box if Ship ❑ Phone Fax
518 761-8200 to is SAME as Bill to
`k l M#::: FQt1ANTITY 7MAKEWV MODELS r ; DESCRIPTION r�€ PRICE
1 Kyocera TASKalfa 6053ci 60/55 PPM A3 Color MFP $11,971.08
(Suggested retail price$31,571)
Refer to Attachement A for Accessories
Trade in of TA 5551ci $500.00
❑,,OTHER Lfst Below (INCLUDING TRADES) __ __ _ _ _
❑ DELIVERY
Service included in lease payment
33 Month FMV Co-Terminous Lease of$356.64 per Month to be added to SUBTOTAL $11,471.08
current master Lease. TAX
Add to current service agreement and remove B4885 TOTAL ❑ Monthly
CHECK TO CUSTOMER s �'-
1
❑ Exsisting Lease Obligation ❑ Other
Explanation
SER1/ICE AGREEMENT
F ' `
❑ GOLD ALLIANCE PROGRAM—Priority Service Guaranteed(Covers all parts,labor,travel and supplies except paper and staples)
Billed at$Oper month,includes OB&W copies per month.Excess at$Oper copy.
Billed at$Oper month,includes OCOLOR copies per month.Excess at$Oper copy.
❑ STANDARD SERVICE AGREEMENT:Billed at$ per month.Covers all parts,labor and travel.Excludes all consumables(toner,ink,image units,
fusers,stamps,sealant,etc.)
ORDER ACCEPTANCE 5�£t - ` r a £ s f AFT x> k
NATIONAL Authorized Signature Date
Customer Authorized Signature Date
Print Name of Authorized Signor Purchase Order
�, Sales Orde"r Schedule�A
Item # Make Model Description
1102v82USO Kyocera TASKalfa 6053ci 60/55 PPM A3 Color MFP
1503RK2USO TASKalfa 6053ci Fax Board
1203RV2USO TASKalfa 6053ci 1,000 Sheet Finisher
1703SZOUNO TASKalfa 6053ci Attachment Kit for DF-7120/DF-7110/DF-7130
1203R76USO TASKalfa 6053ci 140 Sheet Reversing Automatic Document Processo
1203Rc2USO TASKalfa 6053ci Dual 1,500 Sheet Paper Trays-Letter
1203NK2USO TASKalfa 6053ci Punch Unit for DF-7120/DF-7110/DF-7130
Signature: Date:
• CONNECTIVITY INSTALLATION AGREEMENT
NATIONAL`
Business Technologies
This Connectivity Installation Agreement(this"Agreement")dated as of 8 I 30 I 2021
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,3rd 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 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
subject to 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 required: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 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 NATIONALresponsibilities identified
above
CONNECTIVITY INSTALLATION AGREEMENT
Clarifications
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
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 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 customer's 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 Administrator'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.
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 operatingnorm ally.
12. Multi-Machine Installation:On multi-machine installation the installation time is not accumulative.
❑ DCA Requested ❑ No DCA Requested
-We use our Data Collection Agent(DCA)for Just 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.
Title: Title:
IT Contact: DCA Contact:
IT Phone: DCA Phone:
IT e-mail: DCA e-mail:
NATIONAL BUSINESS TECHNOLOGIES CUSTOMER NAME: Town of Ctueensbury
By: By:
Name: Name:
N
CO-VERMINOUS ADDENDUM
x
Full Legal Name Town of Queensbury DBA Name(II Any)
m Billing Address 742 Bay Road city Queensbury Slate NY Zipcode 12804
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County Phone 518-869-9200 Send Email Invoice To
z Original Agreement Number 500-50011374
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Equipment Location Numbrof Payment (PLUS) Sales Tax (EQUALS) p ymenl
(if not same as above) Payments
wC city County Slate_ Zip 33 $356.64 + -
=a Quantity Model Number Description(Attach Schedule If Necessary) + _
W o 1 TA6O53oi Finisher/Hole Punch/Large Trays
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c a Term of Agreement. 33 Tax No.
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If an Accessary Is being added to an ecisling Lased/rented,or financed asset, Payment Frequency: N Monthly ❑Quarterly
please list serial/at asset here: ❑Semi-Annual ❑Other
WHEREAS,Lessor,Creditor,or Lender as applicable("Creditor')and the above described TO INDUCE LESSOR TO ENTER INTO THE WITHIN COTERMINOUS ADDENDUM,THE UNDERSIGNED
Lessee,Debtor,or Borrower as applicable("Debtor')have determined that it is to their mutual UNCONDITIONALLY GUARANTEES TO LESSOR THE PROMPT PAYMENT WHEN DUE,OF ALL OF
benefit to make certain additions to the above described Lease or Contract("Contract"). LESSEE'S OBLIGATIONS TO LESSOR UNDER THE CO-TERMINOUS ADDENDUM.LESSOR SHALL NOT
NOW,THEREFORE,for good and valuable consideration,intending to be legally bound BE REQUIRED TO PROCEED AGAINST LESSEE OR THE EQUIPMENT OR ENFORCE ANY OTHER REMEDY
and pursuant to the Terms and Conditions of the Contract,it is hereby agreed as follows: BEFORE PROCEEDING AGAINSTTHE UNDERSIGNED.THE UNDERSIGNED WAIVES NOTICE OFACCEPT-
1. The above described items of additional equipment("Additional Equipment")are ANCE HEREOF AND ALL OTHER NOTICES OR DEMAND OF ANY KIND TO WHICH THE UNDERSIGNED
added to the Equipment in the Contract. MAY BE ENTITLED,THE UNDERSIGNED CONSENTS TO ANY EXTENSIONS OR MODIFICATION GRANT-
2, Creditor hereby leases,rents,or finances(as applicable)the Additional Equipment ED TO LESSEE AND THE RELEASE AND/OR COMPROMISE OF ANY OBLIGATIONS OF LESSEE OR ANY
to the Debtor(jointly and severally,if more than one)pursuant to the above described addi- OTHER OBLIGORS AND GUARANTORS WITHOUT IN ANY WAY RELEASING THE UNDERSIGNED FROM
tional monthly payment("Additional Monthly Payment")and for the above described num- HIS OR HER OBLIGATIONS HEREUNDER.THIS IS ACONTINUING GUARANTEEAND SHALL NOT BE DIS-
ber of monthly payments. CHARGED OR AFFECTED BY DEATH OF THE UNDERSIGNED,SHALL BIND THE HERS,ADMINISTRA-
3. Creditor shall invoice Debtor for the Additional Monthly Payment and sales tax for TORS,REPRESENTATIVES,SUCCESSORS AND ASSIGNS OF UNDERSIGNED AND MAY BE ENFORCED
the Additional Equipment.The first Additional Monthly Payment is due on the date the BY OR FOR THE BENEFIT OF ANY ASSIGNEE OR SUCCESSOR OF LESSOR.THIS GUARANTY SHALL BE
Additional Equipment is delivered to Debtor and subsequent payments are due on the same GOVERNED BY THE LAWS OF PENNSYLVANIA AND I CONSENT TO JURISDICTION IN ANY STATE OR
day of each month thereafter which will continue for the above described term. FEDERAL COURT IN PENNSYLVANIA.
4. The amount of each Additional Monthly Payment is based on the suppliers best esti a Signature X
mate of the cost of the Additional Equipment including(if applicable)installation and other relat-
ed costs and the estimated sales or use tax.The Additional Monthly Payments will be adjusted Print Name Dale
proportionately upward or downward if the actual total cost of the Additional Equipment orsales cm
or use tax is more or less than the estimate and,in that event,Debtor authorizes Creditor to Home Address
adjust the Additional Monthly Payments by up to fifteen percent(15%). City Slate Zip
5. If Debtor has not accepted the Additional Equipment in all respects for the purpose
of this Addendum within 30 days from the date Debtor's credit was approved by Creditor, Phone
Debtor authorizes Creditor to reduce the number and increase the amount of Additional
Monthly Payments to be made by Debtor to maintain the rate of return reflected by the Signature
above described payment schedule and to reflect that the termination date of the
Addendum coincides with the termination date of the Contract. Print Name Dale
6. If Debtor has not accepted the Additional Equipment within 30 days from the date Home Address
Debtor's credit was approved by Creditor,Debtor further authorizes Creditor to increase the
Additional Monthly Payments to increase the implicit rate of the Additional Monthly Payments City Slate Zip
to the Creditor in an amount equal to any increase in the rate of two-year Treasury Notes from
the date Debtor's credit was approved to the date Debtor accepts the Additional Equipment. Phone
7. Debtor agrees to pay all adjusted Additional Monthly Payments as and when due
under this Addendum.
8, Debtor will be charged a returned-check or non-sufficient funds charge ('NSF u, Signature
Charge')to reimburse Creditor for the time and expense incurred with respect to a check xcr_ (CTA MUST BESIaNEDBY AUTHORIZED CORPORATE OFFICER,PARTNERORPBOPNETOIq
that is returned for any reason including non-sufficient or uncollected funds,such NSF 12a Print Name
Charge is stipulated and liquidated at$25.O0. w z
9. Debtor agrees to pay Creditor a fee of $ $75.00 to reimburse o S2 Title Dale
Creditor's documentation costs. rn Legal Name of Corporation or Partnership Town of Queensbury
10.Debtor agrees that Creditor may combine the Additional Monthly Payment and sales
tax with the current Contract payment and invoice Debtor for the combined payment.
11.It is expressly agreed by the parties that this Addendum is supplemental to the Contract You acknowledge that the Equipment shown above,has been received,has teen put In use,Is in geed-working order
which is by reference made a part hereof,and all the Tenns and Conditions and provisions c+ and issallsiaclory and acceptable.
thereof,unless specifically modified herein,are to apply to this Addendum and are made a part < Signature X
of this Addendum as though they were expressly rewritten,incorporated and included herein. ~a
12.In the event of any conflict,inconsistency or incongruity between the provisions of this r Print Name
Addendum and any of the provisions of the Contract,the provisions of this Addendum shall in
all respects govern and control. Title Dale
YOU AGREE THAT THIS CONTRACT MAY BE EXECUTED IN COUNTERPARTS AND ANY
FACSIMILE,PHOTOGRAPHIC OR OTHER ELECTRONIC TRANSMISSION AND/OR ELECTRON- s
IC SIGNING OF THIS CONTRACT BY YOU WHEN MANUALLY COUNTERSIGNED BY US OR W ro- Signature X o
ATTACHED TO OUR ORIGINAL SIGNATURE COUNTERPART AND/OR IN OUR POSSESSION a W L'
SHALL CONSTITUTE THE SOLE ORIGINAL CHATTEL PAPER AS DEFINED IN THE UCC FOR ALL U 11 Title Dale a
PURPOSES AND WILL BE ADMISSIBLE AS LEGAL EVIDENCE THEREOF.AT OUR OPTION,WE a m Legal Name at Corporation or Partnership
MAY REQUIRE A MANUAL SIGNATURE,
02017 All Rights Rrserved.Printed in the U.S.A.17ANC01B 11/17