Loading...
3.7 3.7 AGREEMENTS\National Business Equipment—Lease on Copier Equipment—7-11-2022 RESOLUTION AUTHORIZING LEASE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NATIONAL BUSINESS EQUIPMENT RESOLUTION NO.: 12022 INTRODUCED BY: WHO MOVED FOR ITS ADOPTION SECONDED BY: WHEREAS, by prior Resolution, the Queensbury Town Board authorized a Lease Agreement between the Town of Queensbury and National Business Equipment for certain equipment/multifunctional devices (printers/copiers/scanners/fax machines), and WHEREAS, National Business Equipment has provided a new Lease Agreement for the amount of$1,586 per month to replace the current arrangement of$1,828.30 per month, thus saving the Town approximately $243 per month as set forth in the Lease Agreement 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 in substantially the form presented at this meeting, 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 and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 1 It"day of July, 2022,by the following vote: AYES NOES ABSENT: Stjs frioss Technologies Name Town of Queensbury ICustomer Name Customer 0 ITQ02 Address742 Bay Road Address Address Address City State Zlp city state Zip Queensbury NY 12804 Contact E-mail Contact E-mail Barbara Tierney barbarat@queensbury.net Phone Check Box If Ship El Phone Fax (518)761-8200 to Is SAME as Bill to �7 U ANTIT—Y- MODEL -IJESCRIPTION, PRIC i Gold Alliance Program Service Agreement contract number $1,5B6.00 CN2867-02 See Schedule Afar list of machines covered t DELIVERY ❑ Service Included In lease payment Monthly service agreement billed at$1,586 per month sUBTOTAL Covers 30,00D B&W prints per month with excess billed at$D.016 per print TAX Covers 20,000 Color prints per month with excess billed at$0.1105 per print TOTAL monthly $1,586.00 - 0 Exslsting Lease Obligation ❑ other Explanation GOLD ALLIANCE PROGRAM—Priority Service Guaranteed(Covers all parts,labor,travel and supplies except paper and staples) 30,000 B&W prints per month,excess billed at$0.016 per print lo'coo Color prints per month,excess billed at$0.1105 per print Fi STANDARD SERVICE AGREEMENT:Billed at S_per manth.Covers all parts,labor and travel.Excludes all consumables(toner,ink.Image units, fusers,stamps,sealant,etc.) NATIONAL Authorized'Signature Date Customer Authorized Signature Date Print Name of Authorized Signor Purchase Order a TERMS AND CONDITIONS Purchaser hereby agrees to the follow terms and conditions. Business 7eciinofog7es 1.This ordersh all become binding once approved and accepted by National. 2.This ordermay notbe cancelled oraltered after acceptance without National's consent. 3.Seller shall not be liable for failure to detiver or fordelays occasioned by causes beyond National's control,including without limitations,strikes,non-delivery or delays byshipper,carriers, or others,accidents orgovernment acts. 4.National sball not be liable for anyspeciai,Indirect or consequential damages,norshall National be liable in any event for more than National's Invoice price ofany equipment or supplies. 5.This Is a binding agreement and note sale on approval ortrlal basls.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 respectto the equipment. 8.Ali invoices are due and payable with fifteen(15)days from the date of the Invoice and buyer agrees to payinterest at a rate of LS%permonth on any amounts not paid within those fifteen(15)days.All invoices are to be pold by cash or check. 9.Buyer shalt 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 prop erwritten permission of NatlonaL 11.Equipment Environment:Customer shall provide proper electrical serviceto the Equipment and shall provide an environment that Is reasonably free of dust,humldity,hazardous chemicals or erratic temperature changes.Fallure 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 actlons,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 ofTrade-In equipment.This release shalt remain binding upon all successors In interest and personal representatives ofthe contracting parties,to the extent permitted by law. 13.in the event National isues a check to the customer to satisfy an existing tease 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 wlli not be responsible for any additional charges applied to the lease for any reason,Ind uding the customer's Inability to obtain th- Information that is necessary to terminate the lease and return the teased equipment to that specific leasing company Ina timely manner. 14.National makes no warranty expressed orimplied,of the fitness a particular use or merchantability. SERVICE AGREEMENT 1.This service agreement is for a period of 1year 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 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 billed to the customer. 2.National will install a Data Collection Agent(OCA 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$25.0 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 8: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 oftesponsiblllty. 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.(cj 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 61 coverage on black&white and 25%coverage full color.In the event that the customer's actual yield varies from the manufacturers 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 repairyour equipment,your account will be credited with the unused portion of your Conditional maintenance contract.Any credit balance gloiaaj. (I toevne+ts-nee -to'•ft-e(=uQ{o,N%ej-. 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. q.All service calls made on equipment not under maintenance contract shall Include all parts,labor and travel costs.These costs are Involced at Nationals 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 cost In the collection of any amount due hereunder,in the recovery of any property pursuant hereto or In the enforcement of its tights against buyer, Including any attorney's fees whether or not suit be brought. Customer Authorized initials Date 1 I 7z" e ,s e 2 . -- 4" - - s Item# Make Model Description 82371-N8 Kyocera KM-4050 PPRZ06227 89879 Kyocera M3145idn R4V9507351 C1210 Kyocera M3145idn R4V9708887 82796 Kyocera TASKalfa 3050d N2PI600915 85909 Kyocera TASKalfa 4501i L7N6110966 B5987 Kyocera TASKalfa 4501i L7N5Y10097 B4374 Kyocera TASKalfa 4551d L8D4904171 B35O8 Kyocera TASKalfa 5551d L893XO0535 B9612 Kyocera TASKalfa 6002i W2Z8105442 C1915 Kyocera TASKalfa 6053d RF31604048 C1961-OEM Kyocera TASKalfa 60536 RF39500905 64376 Kyocera TASKalfa 6551d L814900559 69094 Kyocera TASKalfa 70526 VA38YO1436 09617 Kyocera TASKalfa 7052d VA39401625 eealo Kyocera TASKalfa 8052d VA77Z00646 Signature: Date: Internal Use Only printed by.ssatitfn@nationaII927.com NAT'NoNAL" CONTRACT INVOICE Business le-chnalbales Invoice Number; IN490427 15 Corporate Circle Albany,NY 12203 P:518-724-6455 F:518-438-0493 Invoice Date: 06/17/2022 Bill To: Town of Queensbury Customer. Town of Queensbury Barbara Edmunds 742 Bay Road 742 Bay Road Queensbury,NY 12804 Queensbury,NY 12804 Accounp No Payment Terms Due Date Inva'16e total -Balance Due TQ02 Due on Receipt 06 $1,828.30 Contract Number Contact C.nt..tAma,unt 6.Number Start Date; ao.Pate CNZ867-02 Barbara Tierney 518-761-8240 $1,828.30 01/10/2016 Remarks Monthly GOLD ALLIANCE PROGRAM-Priority Service Guaranteed(Covers all parts,labor,travel and supplies except paper and staples) Summary: Contract base rate charge for the 06/10/2022 to 07/09/2022 blillng period $1,828.30 Contract overage charge for the 05/10/2022 to 06/09/2022 overage period $oxo- **See overage details below $1,828.30 Detail: Equipment included under this contract Kyocera/KM-4050 82371-NB, PP37206227 $0.00 Town or Queensbury 742 Say Road Upstairs Rec Office B2371 Queensbury,W 12804 Upstairs In rec office. Meter Type Meter Group Begin Meter End Meter Credits Total Covered Billable Rate Overage B\vv 8/W 676,163 676,372 209 268** 0 $0.016000 $0.00t* **Allocated amount from meter group $0.00 Kyocera/M3145idn 59879 R09507351 $0.00 Town of Queensbury 742 Day Road Queensbury,NY 12804 Hisuidan's office across the parking lot from the main building. Open Wed and Thurs 9-4 Meter Type Meter Group Begin Meter End Meter Credits Total Covered Billable Rate Overage •B\W BjW 3,568 3,667 99 127** 0 $0.016000 $0.00- *Estimated meter reading $0.00 C1210 W9700887 $0.00 Town of Queensbury Town Court 81 Glenwood Avenue Queensbury,NY 12604 Town Court Meter Type Meter Group Begin Meter End Meter Credits Total Covered Billable Rate Overage B\W B/W 18,734 20,482 1,748 2,241-- 0 $0.016000 $0.00- **Allocated amount from meter group $0.00 Kyocera/TASKaffa 3050tt 15 Corporate Circle Albany,NY 12203 518-72+6455 Page I of 6