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Home My WebLink AboutCOPIER 2017 M&M Office Products Schedule A A licant In ormation Business Name Jeffersonville Police Department Billing Address 2218 E. 10`h St. Jeffersonville, IN 47130 Machine Location SAME - Phone 812-280-3202 Fax 1812-280-4705 E-Mail alangley@cityofjeff.net Tax ID# _ Contact Name Anne Langley Contact Title Administrative Assistant Leasing Details_ Lease Type FMV Term Length 39 Mos. Monthly Rate $775.00 Payment Fre uenc Monthly Equipment (5) New Kyocera FS-5526 MFP's (replacing 5 brother MFP'S in Admin.) All other copiers & printers stay in place. Serial Number x- M Initials& ate Copy Machine Lease and Service Agreement ARTICLE 1 LEASE AND TERM Lessor Agrees to lease to Lessee and Lessee agrees to lease from Lessor the copy machine(s)(the "Copy Machine(s)"), referred to within this agreement as the Copy Machine(s)being more particularly described and listed on the Schedule(s)and/or Exhibits attached hereto and made a part hereof. Lessee's execution of this Agreement and signatory of the associated attached Schedule or Schedules,by Its authorized representative,shall constitute Lessee's authorization to Lessor to lease the Copy Machine(s). This Agreement shall become effective with respect to each Copy Machine(s)on the date that the copy machine is tendered by Lessor and unto the possession of the Lessee. Lessee's obligation to fulfill their obligation is absolute,unconditional,and not subject to cancellation. ARTICLE 2 COPY MACHINES Substitution 2.01 Lessor agrees to furnish to Lessee a substitute copy machine at no extra charge for any Copy Machine,that does not,in Lessee's sole opinion,function properly or which a technician is unable to effectively repair. The substitute Copy Machine will be as nearly as practicable the same size and appearance as the Copy Machine,except that no special painting,lettering,or other alterations need be made.The substitute Copy Machine will be furnished to Lessee in a timely manner and delivered to the play at which the Copy Machine was disabled.Lessor's failure to furnish a substitute Copy Machine within a reasonable time,when obligated to do so,shall cause the charges applicable to the inoperable Copy Machine to abate until said Copy Machine is returned to Lessee's service or until a suitable substitute is tendered to Lessee's possession. A substitute Copy Machine shall be subject to all of the terms and conditions of this agreement while in Lessee's service and possession. Title to Copy Machines 2.02 Title to all Copy Machine(s)leased under this Agreement,and any Agreement amendment and/or renewal terms agreed by the parties hereafter(if any)shall be and remain to Lessor,and Lessee shall acquire no right,title,equity,or other interest In the Copy Machine(s)under the terms and conditions of the Lease. Registration 2.03 All Copy Machine(s)leased under this Agreement,Agreement amendment or any sublease,shall at all times remain under the roistered ownership of Lessor. ARTICLE 3 PAYMENTS BY LESSEE Rent 3.01 Lessee agrees to pay Lessor for each Copy Machine(s)the Total Rental designated on the attached Schedule(s).Rental payments shall be made at Lessor's place of business or at any other place of business as Lessor or its assignee of the rent may direct,according to the Schedule(s) Licenses and Taxation 3.02 All taxes and license charges levied on,or assessed against,Copy Machine(s)leases under this Agreement shall be borne by Lessor,including taxes and license charges levied or assessed by any tax or licensing authority on the account of ownership,lease,operation of the Copy Machine(s)during the term of the lease. Delinquency and Default 3.03 Lessor reserves right to refuse providing services requests if any payments owed exceed sixty(60)days old.Lessor reserves right to assess a $10.00 late penalty per open Invoice as well as an interest charge up to the maximum state law allows.Lessee is considered in default if three(3)consecutive invoices are left unpaid,or a balance exceeds ninety(90)days old. Lessor reserves the right to repossess any equipment that has defaulted. Lessor also has the right to declare the entire balance due of future lease payments for the remainder of the term immediately If the Lessee has defaulted. Lessor may also litigate to obtain any unpaid balances as the result of a default. ARTICLE 4 OPERATION AND MAINTENANCE 4.01 Lessor agrees to provide the following at Lessor's old expense: 1. All toner or other products that are necessary and/or required for proper and efficient operation of the Copy Machine(s). Paper and Staples are excluded from this clause. 2. Service,maintenance and repairs,including all labor and parts that may be required to keep the Copy Machine(s)in good operating condition. 3. The Maintenance Agreement will be billed at.009 per black print and.06 full color print on the big copiers(TA-3051 Ci,TA-3050Ci,TA- 520i),ALL Kyocera Printers and FS-3140 is billed at.012 per print,ALL Kyocera FS-M5526CDW will be billed at.02 per black print and.10 full color prints all inclusive(excludes paper&staples) ARTICLE 5 1/2 END OF LEASE 5.01 At the conclusion of the lease,the Lessee shall assume all responsibility regarding notifying Lessor of intent to purchase or return equipment. If customer wishes to purchase equipment it will be in compliance with end of lease term($1.00 buyout allows customer to purchase machine for$1.00 at the conclusion,while Fair Market Value is determined at the end of the leasing term). If Lessor is not notified of intent,the lease will be billed monthly at the same amount until notified of lessee's intent. If Lessee returns equipment it must be in good working condition and returned to a location of Lessor choosing how Lessor sees fit.Lessee will assume all costs included in returning equipment. ARTICLE 6 GENERAL PROVISIONS Parties Bound 6.01 This Agreement shall be binding on,and inure to,the benefit of the contracting parties and their respective heirs,successors,legal representatives,and assigns,when permitted by this Agreement.Lessee must promptly notify Lessor in writing before any substantial changes in ownership or any material disposition of the assets of Lessee's business Notices 6.02 All Notices,consents,waivers,or other communication,except invoices,required under this Agreement shall be sent by certified mail,return receipt requested,and shall be deemed to have been given when mailed to the parties at their respective addresses as set forth above or when mailed to the last address provided in writing to the other party by the addressee. ARTICLE 7 LEGAL CONSTRUCTION Governing Law 7.01 This Agreement is to be construed under,and in accordance with the laws of the State of Indiana,and all obligations of the parties created by this Agreement are to be performed in Clark County,Indiana. Entire Agreement 7.02 This Agreement and the attached Schedule(s),incorporated by reference and made an integral part of the Agreement,constitute the entire agreement between the parties with respect to its subject matter.The terms and conditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction,whether prepared and submitted by Lessor or by Lessee. Effects of Partial Invalidity 7.03 In case any one or more provisions of this Agreement shall for any reason be held to be invalid,illegal,or unenforceable in any respect,the remaining provisions shall nevertheless be valid,binding and effective as if the invalid,illegal,or unenforceable provisions had never been contained in this agreement. Headings 7.04 The headings and subheadings of the various Articles and Paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation,definition,or extension of the specific terms of the Article and Paragraph so designated. Signatures 7.05 By signing below,each party agrees they are lawfully representing their respective companies,understand and agree in full to all Articles and sub-Articles in this Agreement. LESSEE LESSOR (ENTER NAME H ) M&M OFFICE PRODUCTS INC I _ I i Printed Name Printed Name / ///2 Date_X Date 9/ 2/2