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HomeMy WebLinkAbout25-018 - Amendment A - Electronic Business Machines - High-Use Copier Lease Agreement25-018(a) Council A roval N/A APPLICATION NO. [LEASE AGREEMENT NO. SUPPLEMENT NO. ;a" C� T 1 Lease Supplement 9539709 11230000 9539709 BUIGI199E�, B M11GIHNEG CUSTOMER14"'1,•- • FULL LEGAL NAME STREET ADDRESS City of Tukwila 6200 Southcenter Blvd CITY STATE ZIP PHONE FAX Tukwila WA 98188 206-433-1800 BILLING NAME (IF DIFFERENT FROM ABOVE) BILLING STREET ADDRESS CITY STATE ZIP DBA EQUIPMENTADDED MAKE/MODEL/ACCESSORIES SERIAL NO. 1 1- each Kyocera MZ3501 ci 2. 3- each Kyocera MZ4001 ci 3. 1- each Kyocera MZ5001ci 4. 2- each Kyocera MZ6001 ci 5. 6. 7. 8. ❑ See the attached Schedule A EQUIPMENTDELETED MAKE/MODEL/ACCESSORIES SERIAL NO. 1. 2. 3. 4. 5. For either option below, the start date will be set to be on the same day of the month as for the previous Lease Agreement and/or Supplement(s), unless Customer makes a request for a different start date. Mos. Termination date of this Supplement will coincide with the termination date set forth in the Lease Agreement and/or previous Supplement(s) (as applicable). 60 Mos. Termination date will not be set to coincide with any other Lease Agreement or Supplement. Monthly Payment* $ $1,403.63 plus applicable taxes You have requested this Supplement to the Lease Agreement (or Supplement) as set forth above. You agree that the Payment on the Supplement is in addition to your original Agreement. Except for the specific provisions set forth above, the original terms and conditions set forth in the Lease Agreement and any personal guaranty(s) shall remain in full force and effect and are incorporated herein by reference. You certify that all the Equipment listed above has been furnished, that delivery and installation has been fully completed and is satisfactory. Upon you signing below, your promises herein will be irrevocable and unconditional in all respects. You understand that we have purchased the Equipment from the Supplier, and you may contact the Supplier for a full description of any warranty rights under the supply contract, which we hereby assign to you for the term of this Supplement (or until you default). Your approval as indicated below of our purchase of the Equipment from the Supplier is a condition precedent to the effectiveness of this Supplement. Print Name: Signature: Customer (as referenced above). Date of Delivery: This is a Supplement to the Agreement identified above between Lessor and Customer, all the terms and conditions of which are incorporated herein. Upon the execution of this Supplement, Customer hereby agrees to lease from Lessor the Equipment described above. By signing below, you certify that you have reviewed and do agree to all terms and conditions of the Agreement and this Supplement. The Equipment and terms of this Supplement are in addition to the Equipment and terms stated in the Agreement. 5 netl by Print Name. Thomas McLeod Signature: X Title: Mayor 6EE24-545b— Customer (as referenced above): Dated: 11/6/2025 1 1 1:56 AM PST Print Name: Signature: Lessor: Electronic Business Machines Company Dated: 29347 Rev. 07/03/2013 ;,`ELECTRONIC � �^ a,® BUSINESS MBCHINES 802 134th ST SW, Suite 170, Everett, WA 98204 Phone: 425-742-2244 Fax: 425-743-3117 Customer Order Sales Rep Glenn Frazier PO # II m City of Tukwila - HQ tl � Verdant Address 6300 Southcenter Blvd Address Suite Suite City Tukwila City State WA State Zip 98188 Zip Phone 206-454-7571 Phone Fax 0 Fax Meter Read Contact Mike Marcum A/R Contact Meter Read Email Mike.Marcum TukwilaWA.gov A/R Email Decision Maker Mike Marcum Decision Maker Decision Maker Email Mike.Marcum TukwilaWA.gov Decision Maker Email 60 $ 1,403.63 FMV !�, � m u � • , o ` n ,u re 1 I l0C2M2US0 TASKalfa MZ3501ci �" . I � I I w • I , � ' om m W 1,403.63 per month 1 1203TC6USV DP -7160 - 320 Sheet DSDP 7 1 D11316T ESP Surge Protector 15 Amp 1 1603XFOUSO UG -52 - Speed License Upgrade to 35PPM 31 l l0C2K2US0 TASKalfa MZ400Ici 3 1203TC6USV DP -7160 - 320 Sheet DSDP 3 D11316T ESP Surge Protector 15 Am 1 l l0C2K2US0 TASKalfa MZ5001ci 1 1203TC6USV DP -7160 - 320 Sheet DSDP 1 D11316T ESP Surge Protector 15 Am 1 1603XGOUSO UG -53 - Speed License Upgrade to 50PPM 2 l l0C2K2US0 TASKalfa MZ600Ici 2 1203TC6USV DP -7160 - 320 Sheet DSDP 2 D11316T ESP Surge Protector 15 Amp 2 1603XHOUSO UG -54 - Speed License Upgrade to 60PPM 3 1703SZOUNO AK -7110 - Attachment Kit for DF -7120 / DF -7140 / DF -7 1 1203NDOUNO BF -730 - Booklet & Tri Folding Unit for DF -7140 4 1203RD2USO DF -7100 - 500 Sheet Internal Finisher Stapler 3 1203V82USO DF -7140 - 4,000 Sheet Finisher 65 Sheet Staple) 7 1709ANOUNO Keyboard Holder 10 - Keyboard Tray Kit 7 KB1700U Keyboard USB 1 1203V42USV PF -7140 - Dual 500 Sheet Paper Trays 61 1203V52USV PF -7150 - Dual 1,500 Sheet Paper Trays - Letter 4 1203RF2USO PH -7100 - Punch Unit for DF -7100 3 1203NK2USO PH -7A - Punch Unit for DF -7120 / DF -7140 / DF -7150 ml ���i �� �,� Delivery Date Delivery Time Subtotall 1,403.63 per month Sales Tax Amount Due 1,403.63 er month Customer acknowledges by its signature at it as rea and understands it and that it constitutes e entire agreement, understandings, and representations, express or implieci, oetween customer an Electronic Business Machines, with respect to hardware, supply, media, or documentation famished or to be furnished hereunder and that this agreement supersedes all prior communications between the parties including all oral or written proposals. By executing this agreement, I acknowledge that I have read and understand this agreement and certify that I am authorized to execute this agreement on behalf of customer. In the case of this being a demo. You are allotted 1,000 B&W and 1,000 Color copies. Overages will be charged at .03 for B&W and .15 for color. There will be a 3% credit card processing fee if paying for equipment by credit card. IIIIIIIIII ON IIII LVISIT "� a LCN"vd by IIII IIIIIIIIII VIII IIIIIIIIII 0 �I00 m 0 � lull �� ��� Aut on���2�1a°[l�c- Thomas McLeod Mayor 10/10/2025 Manager's Signature 10/10/2025 Printed Name Title Date Printed Name Title Date 0"'ELECTRONIC g��r°� Maintenance A reement '® BUSINESS MBCHINES Kyocera MZ3501ci Yes Kyocera MZ4001ci Yes Kyocera MZ4001ci Yes Kyocera MZ4001ci Yes Kyocera MZ5001ci Yes Kyocera MZ-6001ci Yes By executing this agreement, I acknowledge that I have read and understand this agreement and I certify that I am authorized to execute this agreement on behalf of customer. Authorized signature acknowledges terms & conditions, expiration dates and meter readings. ZS �dbY Thomas McLeod Au io Mayor 10/10/2025 Manager's Signature Dave Schlosser COO 10/10/2025 Printed Name Title Date Printed Name Title Date Electronic Business Machines Maintenance Agreement Terms and Conditions Definitions —The following reins are defined for purposes of the Equi poem Maintenance Agreement If Agreement— Phis Sal es/Maintenance Contract 2) Customer— the person who is the purchaser, owner or parry in possession of Equipment. 3) Electronic Business Machines, Tre-ESM. 4) Consumable—any item which is consumed in the process of making copies or prints in Equipment, for example: toner. developer, etc. 5) Equipment—Copier, Facsimile, Printer, FP Products, Scanner and options specified on page I for this Agreement. 6) Effective Date—the date which this Agreement is accepted and FBM will begin maintenance coverage. This date is indicated on page I ofth is Agreement. 7) Part —any assembly, component or device contained in Equipment which does not have predetermined life expectancy and which is not ordinarily replaced on a prearranged schedule, for example; switch, seal, el ectranic components, etc. 8) Supply—any items used in the Equipment, which has a predetermined I fe expectancy and is ordinarily replaced on a prearranged schedule, for example; master, drums POC heat roller. etc. 9) EBM Officer— An EBM officer is the CEO, President, COO or Director of Service. 10) All Inclusive Agreement- Includes Parts, Labor and Consumables, excludes paper and staples (State Contract Includes Staples). Enuipmeut Purchase Terms and Conditions - 1) Customer understands that EBM is not bound by any written or oral representations made by its salespeople that are not reflected on the face of this Agreement. 2) This Agreement is effective and binding only when read and signed off by an EBM Officer_ 3) Customer assumes all responsibility if equipment is not operated under manufacturer specifications_ 4) If this document is used in conjunction with a leased pieces) of equipment, the leasing company is not bound to service the equipment. but EBM is. 5) Payment of this agreement is acceptance of all terms and conditions. 6) In the case of an MPS program any device that uses like toner to a device currently on the prooram shall be automatically added to the MPS prop am_ 7) Customer agrees to allow ERM to install imagcWARE Rcri KFS or FM Audit that will report, meters, service concerns or supply warnings back to ERM_ If the Customer denies this service a $5 service fee will be added per month to recover meters manually. 8) FP Equipment maintenance is inclusive ofparts and labor, but excludes supply items like ink, sealing solution and labels. 9) Additional terms and conditions and exclusions are printed below. EBM's Responsibility — During the terms of this Agreement, EBM will 1) Provide maintenance, cleaning and lubrication of the Equipment as reasonably requested by Customer, during our regularly scheduled business hours (8 00 am_ to 5.00 p m. Monday—Friday PST). 2) Replace parts which have failed through normal use and which are necessary for proper operation or maintenance of this Equipment. Includes labor provided this is an All Inclusive Agreement. Customer's Resoonsi In ltry —During the terms of this A,g-eeutent, the Customer wil l_ 1) Promptly moify EBM service department of any problems m inalfunc[ions with the Equipment mid cease usage if so advised by EBM until corrections me made. 2) Provide suitable personnel for special key operator training in order to promote better equipment performance and infbnn EBM when a new key operator is appointed. 3) Provide elecfricol service, working areas mid environmental conditions suitable for normal operations of Equipment as specified by equipment manufacturer. 4) Provide access to EBM personnel to clean, inspect, service, repair or make alterations to Equipment at any time during EBM's normal business hours_ 5) Provide EBM with true and accurate mcter readings as requested_ If such meter readings are not received within 3 days, we may, estimate the num her of images used Adjustments for estimated charges for additional images will be made upon receipt of actual meter readings. 6) Use only those Parts, Supplies and Conswnables provided or approved by EBM. 7) Approval shall be based upon generally accepted industry and manufactaina-s standards, 8) Inform EBM of any change in business location and assume responsibility for damage incurred as a result of changing the location of the Equipment. 9) Pay all invoices within 20 days of issuance. 10) The Customer shall pay all attorneys' fees incurred by EBM to collect any sumn due hereunder and to enforce any of its rights under this Agreement. 11) Non-payinent of invoices may result in EBM's withholding services under this contract 12) Pay any applicable [ax now or hereafter assessed, levied( or imposed by any federal, state or local authority_ 13) The Customer may be required to provide a dedicated electrical circuit for the equipment under contract if electricity has been found to be a problem by EBM or a licensed Electrician chosen by EBM. 14) I understand all meter counts are based on 8.5 x 11 single sided images unless otherwise noted. Tenn and Rate — 1) The term of the Agreement shall be for the length of 12 months. In the case of a cost per copy lease, the agreement will automatically renew for consecutive 12 month periods to the end ofthe lease. 2) This Agreement shall automatically be extended for successive one (1) year periods and/or conditions set forth on the front of this Agreement, unless the customer gives at least furry (30) days wri teen notice prior to [Ire renewal date with intent to terminate 3) If the contract is cancelled by EBM or the Customer, EBM may pickup any spare toners unused by the Customer_ 4) EBM may increase the rate up to 10% on or near the annual anniversary date of this Agreement 5) Billing after annual anniversary will reflect change in rate, and payment of invoice shall be considered acceptance of the new contract rates. b) No refunds will be given if the Agreement is voided due to the limitations stated below, misuse, non-use of Equipment, or non-paymem. 7) Payment of maintenance is due in advance of [lie coverage period. If customer does not pay, EBM may refuse to continue service or furnish service on a C.O.D. "per call" basis. 9) Maintenance contracts me subject to applicable sales tax. Additional Charges—Below are charges for which the Customer will be responsible1) Ifat any time there is a break in coverage of over thirty (30) days, an inspection fee and .service call charges, if applicable, will be charged before equipment can be n�establislned under an AyreeinenL 2) A written estimate of the service call charges will be given to the Customer before any work is performed. 3) Moving Equipment to anew location will be billed at EBM's prevailing stavice rates_ 4) Repairs to Equipnnem caused by misuse, emvirpmmnnld issues, or a delivery move not handled by EBM, electrical issues or due to abnormal usage will be billed at EBM -s stated price for parts and prevailing service rates_ 5) Shipping charges oftener may apply. Limitations — This Agreement shall not apply to 1) Servicing Equipment located in an unsafe or hazardous environment, as determined by EBM_ 2) Painting or refinishing Equipment or famishing materials for such purpose_ 3) EBM shall not be responsible for parts and/or labor on Equipment, which has been operated above the manufactmta's stated usage ratings for copies/prints per cycle. 4) Electrical work external to Equipment. 5) Repairs necessitated by atmospheric conditions not suitable for normal office work, repairs due to deviations in electrical power supply due to ungrounded or unshielded electrical outlets, acts of God, water damage, neglect, theft, vandalism, fire or moving Equipment, unless moved by EBM personnel. b) Repair, necessitated by the servicing of the Equipment by any person not authorized by EBM to provide service. 7) Repairs necessitated by the use of non -approved Supplies or Consumables. 8) Repairs necessitated by the improper performance of operators whether or not such operators were trained by EBM_ 9) Servicing Equipment that is moved outside the geographic area covered by EBM_ 10) If a customer chooses not to purchase supplies $on EBM, the custa nca's maintenance agreement can be terminated by an EBM Officer at any came tlnouglnout the connact 11) If a customer exceeds manufacturer toner/parrs yield by more than 10% on B&W or Color usage due to operating the machine outside o£manu£actmer specifications, the custoner can be charged at FBM's discretion for any and all toner/parts used above suggested consumption yield. 12) IT support is not included in this maintenance contract. 13) If after we connect your system to your network, issues arise, they will be examined on a case by case basis_ If this issue is caused by your network it will result in a billable network call at prevailing IT rates_ 14) By signing [his document Customer releases EBM frons any problems created by insmlling any/all drivers associated with tlus equipment on die customer's netwark. 15) Labels, transparencies, paper or other consumable items not snaked specifically for copiers is hazardous to the heating element and could potentially cause damage not covered tinder the maintenance agreement 16) Customer errors will be handled on a case by case basis and may result in a charge if the solution is in a manual or the customer was found to have done something wrong. 17) Failure to register correct paper types in die equipment that cause damage will not be covered in this agreement. 18) Watch your copyjobs closely, because EBM doesn't reimburse for bad copies made_ 19) Firmware upgrades, repairs, service/network labor due to a malfunctioning imag3ASS unit or maintenance for imagePASS units will not be covered unless stated on the front ofthe agreement 20) Incorrect installation of toner could result in damage to the copier not covered under this agreement Exceptions- 1) This Agreement does not include coverage ofthird party software support or cabling issues not listed unless mutually agreed upon in writing by Customer and EBM 2) EBM is not responsible for any software licensing issue_ 3) Performance of normal operator functions, systems) backups, virus scams and network security are the responsibility of [he Customer_ DISCLAIMER —EBM EXPRESSLY DISCLAIMS ANY DUTY AS AN INSURER OF TAE. EQUIPMENT AND MAKES NO WARRANTIES WHATSOEVER UNDER THIS AGREEMENT CONCERNING TAE EQUIPMENT'S PERFORMANCE INCLUDING WARRANTIES OF MECHANTABILiTY OR FITNESS FOR A PARTICULAR PURPOSE. EBM will not be liable for monetary damages of any kind, direct, indirect or consequential for any loss by the Customer as a result of the Agreement, even ifEBM has been advised ofthe pass ibiI ty of such damages. For Equipment Maintenance Agreement, EBM will be responsible for providing only that service which is reasonable, normal and practical and only that service which is in accordance with the manufacturer's specifications and recommendations. Assignment—The Customer without the express written consent of EBM, which will not be unreasonably withheld, may not assign this Agreement. The Customer will assume full responsibility to inform ay proposed assignee ofthe price, rates, terms and conditions ofthis Agreement and ofthe results ofthe transfer ofutle, ownership or possession ofthe Equipment. Entire Agreement— This Agreement contains the entire sales/service agrcement between the parties and no persons are authorized to modify any ofthe terms and conditions contained herein. Any amendments made by customcr will not be valid Initial Customer Tnifials