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HomeMy WebLinkAboutItem 06.f Date: Item No. MARCO Lease Agreement for City Multi-function Printer/Copiers Proposed Action Staff recommends adoption of the following motion: Move to enter into an agreement with MARCO, Inc. for the lease and support of City multi-function printer/copiers. Overview IT Staff has pursued a five-year lease agreement with MARCO, Inc. for the City’s fleet of 13 multi-function printer/copiers. This lease will provide for replacement and service of nine of the older units and service for four of the newest units being retained by the City. The lease will also include card readers for each device to ensure data privacy and software to track and monitor device usage. The City’s current replacement plan for multi-function printer/copiers is every 10 years. This cycle has created problems for City staff because of increased service outages due to the age of the equipment. The currently accepted industry standard lifecycle for copiers is five years. With the new five-year lease, the City can obtain new equipment in the accepted lifecycle without a large capital investment. Annual operational costs will be approximately $43,000 which is $500 higher than the City’s current maintenance agreement. Primary Issues to Consider • Is there a cost savings to the City by entering into this agreement? The City will be able to re-allocate funds budgeted/programmed for copier replacement to other capital needs. The annual operational costs will be approximately $500 higher than current costs, but we will gain the ability to better monitor and track device usage in an effort to reduce print costs. Supporting Information • Financial Analysis (see attached) Financial Impact: $ Budgeted: Y☒ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Ralph Vetter, IT Manager March 18, 2019 461K/10 yrs General and Equipment Fund 2019 Budget; 2019-2023 CIP Financial Analysis The proposed new agreement with Marco is anticipated to cost approximately $500 more per year, however, the City will eliminate the need for capital investment in many of its printer/copiers. The estimated net savings from entering into this lease, over a 10-year period, is approximately $89,000. Estimated Savings (over 10-years) $ 125,000 10-year estimated capital replacement costs $ 425,000 Estimated service cost over 10-years (current agreement) $ 550,000 Total estimated 10-year cost (current) $ 461,000 Total estimated cost under new lease $ 89,000 Estimated cost savings \tbx_1_CustomerID\ \tbx_1_OpportunityID\\tbx_1_EANumber\ Meter Reading Contact Person: EQUIPMENT WITH CONSOLIDATED MINIMUMS MAKE/MODEL/ACCESSORIES SERIAL NUMBER START METER COLOR START METER BW 1.See Attached Schedule A-1 2. 3. 4. 5. Minimum Payment* $Color Print Allowance Excess Color Print Charge* $ B&W Print Allowance Excess B&W Print Charge* $ *plus applicable taxes Do you wish to enroll in the Number of Devices Marco Support Desk for equipment Enrolled: listed herein? OR Please Check One:Please Check One: (If no box is checked, frequency will be Monthly)(If no box is checked, frequency will be Monthly) TERM AND PAYMENT SCHEDULE SUPPLIES COVERAGE LEVELS Term in Months Please Check One: (If no box is checked, no supplies will be included)(Billed at Standard Pricing) OWNER SIGNATURE TITLE DATED TITLE DATED CUSTOMER (as referenced above) SIGNATURE TITLE DATED CUSTOMER (as referenced above) SIGNATURE FEDERAL TAX I.D. # PRINT NAME City Of Lakeville X \s1\ FREQUENCY OF MINIMUM PAYMENT METER READING FREQUENCY 60 THIS IS A NONCANCELABLE / IRREVOCABLE AGREEMENT; THIS AGREEMENT CANNOT BE CANCELED OR TERMINATED. OWNER ACCEPTANCE Marco Technologies LLC PRIVACY AND INFORMATION SECURITY \t1\ 0 MAP Agreement APPLICATION NO.AGREEMENT NO. 2420239 Managed Account Program Phone: 800.892.8548 I Fax: 800.847.3087 The words Lessee, you and your refer to Customer. The words Lessor, we, us and our refer to Marco Technologies LLC. CUSTOMER INFORMATION FULL LEGAL NAME STREET ADDRESS BILLING NAME (IF DIFFERENT FROM ABOVE) BILLING STREET ADDRESS City Of Lakeville 20195 Holyoke Ave CITY STATE ZIP PHONE FAX Lakeville MN 55044 (952) 985-4400 (952) 985-4499 CITY STATE ZIP E-MAIL EQUIPMENT LOCATION (IF DIFFERENT FROM ABOVE) MARCO SUPPORT DESK (By selecting “YES” you agree that the Marco Support Desk Monthly Fee will be added to this Agreement’s monthly invoice.) 60,000 0.007000 3,558.15 30,000 0.045000 Marco Support Desk Device Monthly Fees 1 - 5 Devices: $10 6 - 15 Devices: $20 16+ Devices: $30 If enrolled, the equipment on this Agreement will qualify for Marco Support Desk. If no box is checked, then you have elected to waive Marco Support Desk coverage for equipment listed herein. \d1\ \t1\ \d1\ 41-6005304 \n1\ CUSTOMER ACCEPTANCE City Of Lakeville X \s1\ You acknowledge that the Equipment you have received may be equipped with a hard drive that may store personal and confidential information (“PCI”)and you understand the privacy and information security risks associated with PCI that may be stored on your Equipment.You agree to be responsible for safeguarding any PCI and you agree to indemnify and hold Marco Technologies LLC harmless from any loss,misappropriation or breach of the PCI that may be stored on your Equipment. BY SIGNING BELOW OR AUTHENTICATING AN ELECTRONIC RECORD HEREOF,YOU CERTIFY THAT YOU HAVE REVIEWED AND DO AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT ON THIS PAGE AND ON PAGE 2 ATTACHED HERETO. Monthly Quarterly Semi-Annually Annually Monthly Quarterly Semi-Annually Annually All Inclusive HP OEM No Supplies Included Yes No 29683 Page 1 of 6 Confidential Rev 07.2018 Sherpa/DocuSign v3.0 \tbx_1_CustomerID\ \tbx_1_OpportunityID\\tbx_1_EANumber\ 1.AGREEMENT:For business purposes only,you agree to rent from us the goods,together with all replacements,parts,repairs,additions,and accessions incorporated therein or attached thereto (the "Equipment")and/or agree that you have requested that we finance certain licensed software and services for you (“Financed Items”),which are included in the word “Equipment”unless separately stated),all as described on page 1 of this Agreement,excluding equipment marked as not financed under this Agreement,as it may be supplemented from time to time.You agree to all of the terms and conditions contained in this Agreement which is the entire agreement regarding the Equipment ("Agreement")and which supersedes any purchase order or invoice.You authorize us to correct or insert missing Equipment identification information and to make corrections to your proper legal name and address.All other modifications to the Agreement must be in writing signed by each party.This Agreement becomes valid upon execution by us and will begin on the date the Equipment is delivered to you,as stated in the packing list,or any later date we designate.If we designate a later commencement date,you agree to pay us an additional amount equal to the periodic payments due under this Agreement prorated for the period between the date the Equipment is delivered to you and the commencement date.Unless otherwise stated in an addendum hereto,this Agreement will renew for 12-month term(s)unless you (a)provide us written notice between 90 and 150 days (before the end of any term)that you want to return the Equipment and (b)you timely return the Equipment in accordance with paragraph 3 of this Agreement.If any provision of this Agreement is declared unenforceable in any jurisdiction,the other provisions herein shall remain in full force and effect in that jurisdiction and all others. 2.RENT,TAXES AND FEES:You agree to pay the amounts payable under the terms of this Agreement (each,a “Payment”)when due,plus any applicable sales,use and property taxes.If more than one Minimum Payment is listed on the first page or on the attached Schedule(s),you agree that you are obligated to pay the sum of the Minimum Payments.The Minimum Payment will be adjusted proportionately upward or downward,as necessary,to comply with the tax laws of the state in which the Equipment is located.If we pay any taxes,or other expenses that you owe hereunder,you agree to reimburse us when we request and to pay us a processing fee for each expense or charge we pay on your behalf.We may charge you for any filing fees required by the Uniform Commercial Code (UCC)or other laws,which fees vary state-to-state.If for any reason your check is returned for nonpayment,you will pay us a bad check charge of $30 or,if less,the maximum charge allowed by law.You cannot pay off this Agreement or return the Equipment prior to the end of the term without our consent.If we consent,we may charge you,in addition to the other amounts owed,an early termination fee equal to 5%of the price of the Equipment.We may make a profit on any fees,estimated tax payments and other charges paid under this Agreement. 3.MAINTENANCE AND LOCATION OF EQUIPMENT;SECURITY INTEREST:We are the owner of the Equipment and have sole title to the Equipment (excluding Financed Items).We do not own any software that is included with the Financed Items and cannot transfer any interest in such software to you.We are not responsible for the software or the obligations of you or the licensor under any license agreement.At your expense,you agree to keep the Equipment:(1)in good repair, condition and working order,in compliance with applicable manufacturers’and regulatory standards;(2)free and clear of all liens and claims;and (3)only at your address shown on page 1,and you agree not to move it unless we agree.As long as you have given us the written notice as required in paragraph 1 prior to the expiration or termination of this Agreement’s term,you agree to return all but not less than all of the Equipment (excluding Financed Items)and all related manuals and use and maintenance records to a location we specify,at your expense,in retail re-saleable condition,full working order and complete repair.You are solely responsible for removing any data that may reside in the Equipment you return,including but not limited to hard drives,disk drives or any other form of memory.You grant us a security interest in the Equipment to secure all amounts you owe us under any agreement with us,and you authorize us to file a financing statement (UCC-1). 4.COLLATERAL PROTECTION;INSURANCE;INDEMNITY;LOSS OR DAMAGE:You agree to keep the Equipment fully insured against risk of loss,with us as lender’s loss payee,in an amount not less than the original cost until this Agreement is terminated.You also agree to obtain general public liability insurance acceptable to us and to include us as an additional insured on the policy.You will provide written notice to us within 10 days of any modification or cancellation of your insurance policy(s).You agree to provide us certificates or other evidence of insurance acceptable to us.If you fail to comply with this requirement within 30 days after the start of this Agreement,we have the option,but not the obligation,to secure property loss insurance on the Equipment from a carrier of our choosing in such forms and amounts as we deem reasonable to protect our interests.If we secure insurance on the Equipment,we will not name you as an insured party,your interests may not be fully protected,and you will reimburse us the premium which may be higher than the premium you would pay if you obtained insurance,and which may result in a profit to us through an investment in reinsurance.If you are current in all of your obligations under the Agreement at the time of loss,any insurance proceeds received will be applied,at our option,to repair or replace the Equipment,or to pay us the remaining payments due or to become due under this Agreement,plus our booked residual,both discounted at 2%per annum.We are not responsible for,and you agree to hold us harmless and reimburse us for and to defend on our behalf against,any claim for any loss,expense,liability or injury caused by or in any way related to delivery,installation,possession,ownership,use,condition,inspection,removal,return or storage of the Equipment.You are responsible for the risk of loss or for any destruction of or damage to the Equipment.No such loss or destruction of or damage to the Equipment will relieve you from your payment obligations under this Agreement.If the Equipment is destroyed and we have not otherwise agreed in writing,at our election,you will either repair or replace the damaged/destroyed Equipment with comparable equipment acceptable to us,or pay to us (a)all past due amounts and (b)all remaining Payments for the unexpired term,plus our booked residual (both discounted at 2%).Any proceeds of insurance will be paid to us and credited,at our option,against any loss or damage.You authorize us to sign on your behalf and appoint us as your attorney-in-fact to endorse in your name any insurance drafts or checks issued due to loss or damage to the Equipment.All indemnities will survive the expiration or termination of this Agreement. 5.ASSIGNMENT:YOU HAVE NO RIGHT TO SELL,TRANSFER,ASSIGN OR SUBLEASE THE EQUIPMENT OR THIS AGREEMENT,without our prior written consent.We may sell,assign,or transfer our rights under this Agreement,in whole or in part,without notice.You agree that if we do so,our assignee will have our assigned rights under this Agreement but none of our obligations (including but not limited to,any obligation to provide maintenance or supplies for the Equipment or Marco Support Desk services)and will not be subject to any claim,defense,or set-off that may be assertable against us or anyone else.Notwithstanding the foregoing,if we sell or assign this Agreement or our rights in the Equipment,we will retain our obligations within the Agreement. 6.DEFAULT AND REMEDIES:You will be in default if:(a)you do not pay the Payment or other sum due to us or any other person when due or if you fail to perform in accordance with the covenants,terms and conditions of this Agreement or any other agreement with us or any of our affiliates or any material agreement with any other lender,(b)you make or have made any false statement or misrepresentation to us,(c)you or any guarantor dies,dissolves or terminates existence,(d)there has been a material adverse change in your or any guarantor’s financial,business or operating condition,or (e)any guarantor defaults under any guaranty for this Agreement.If any part of a Payment is more than 5 days late,you agree to pay a late charge equal to:1)the greater of 5%of the Payment which is late or $20.00 or 2)if less,the maximum charge allowed by law.If you are ever in default,at our option,we may require that you pay 1)all past due amounts,and 2)all remaining Payments for the unexpired term,plus our booked residual (both discounted at 2%).We may recover interest on any unpaid amount,from the due date,at the rate of 18%per year.Concurrently and cumulatively,we may also use any or all of the remedies available to us under Articles 2A and 9 of the UCC and any other law,including requiring that you:(1)at your expense,return the Equipment to us to a location we specify;and (2)immediately stop using any Financed Items.In the event of any dispute or enforcement of our rights under this Agreement,you agree to pay our reasonable attorneys’fees (including those incurred before or at trial,on appeal or in any other proceeding),actual court costs,any other collection costs and repossession costs.The net proceeds of the sale of any Equipment,if any,will be credited against the amounts you owe us under this Agreement.WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL,INDIRECT OR INCIDENTAL DAMAGES. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time.You agree that this Agreement,in the hands of our assignee,is,or shall be treated as,a "Finance Lease"as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement.You waive all rights under sections 2A-507 through 522 of the UCC.If interest is charged or collected in excess of the maximum lawful rate,we will not be subject to any penalties. 7.INSPECTIONS AND REPORTS:We will have the right,at any reasonable time,to inspect the Equipment and any documents relating to its use,maintenance and repair.You agree to provide updated annual and/or quarterly financial statements to us upon request. 8.MISCELLANEOUS:Unless otherwise stated in an addendum hereto,the parties agree that:(i)this Agreement and any related documents hereto may be authenticated by electronic means;(ii)the “original”of this Agreement shall be the copy that bears your manual,facsimile,scanned or electronic signature and that also bears our manually or electronically signed signature and is held or controlled by us;and (iii)to the extent this Agreement constitutes chattel paper (as defined by the UCC),a security interest may only be created in the original.You agree not to raise as a defense to the enforcement of this Agreement or any related documents that you or we executed or authenticated such documents by electronic or digital means or that you used facsimile or other electronic means to transmit your signature on such documents.Notwithstanding anything to the contrary herein,we reserve the right to require you to sign this Agreement or any related documents hereto manually and to send to us the manually signed,duly executed documents via overnight courier on the same day that you send us the facsimile,scanned or electronic transmission of the documents.You agree to execute any further documents that we may request to carry out the intents and purposes of this Agreement. 9.WARRANTY DISCLAIMERS:YOU CHOSE ANY/ALL THIRD-PARTY SERVICE PROVIDERS BASED ON YOUR JUDGMENT.YOU ARE UNCONDITIONALLY OBLIGATED TO MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER,LICENSOR OR MANUFACTURER,AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT.YOU ARE NOT ENTITLED TO REDUCE OR SET-OFF AGAINST AMOUNTS DUE UNDER THIS AGREEMENT FOR ANY REASON.WE MAKE NO WARRANTIES,EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO,WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. 10.LAW,JURY WAIVER:This Agreement will be governed by and construed in accordance with the law of the state of our principal place of business or,if we assign this Agreement,our assignee,and adjudicated in a federal or state court in such state.You consent to jurisdiction and venue in such state and waive the defense of inconvenient forum.For any action arising out of or relating to this Agreement or the Equipment,YOU AND WE WAIVE ALL RIGHTS TO A TRIAL BY JURY. 11.MAINTENANCE AND SUPPLIES:The charges established by this Agreement include payment for the use of the designated Equipment and accessories,and,if indicated by the selection of a Supplies Coverage Level on the first page of this Agreement,maintenance (during normal business hours);inspection,adjustment,parts replacement,drums and cleaning material required for the proper operation.Paper,staples and MICR cartridges must be separately purchased by you.Imager network support on connected Equipment is not included and will be billable at the prevailing hourly rate,at your expense.Supplies for units may or may not be included in this Agreement.If necessary,the service and supply portion of this Agreement may be assigned.If included,the amount payable under this Agreement for supplies is based on the industry standard and the manufacturer estimated yield for black toner and developer based on an average per page coverage of 6% and for color toner and developer based on an average per page coverage of 20%.If your toner and developer usage exceeds the average page coverage amount,we in our sole discretion reserve the right to increase the amount payable under this Agreement for supplies in order to adjust for any increased toner and developer usage in excess of the industry standard.We may charge you a monthly supply freight fee to help offset our costs of delivering supplies to you. 12.EXCESS CHARGES AND COST ADJUSTMENTS:You agree to comply with our billing procedures and provide us with periodic meter readings on the Equipment.If we are unable to gather a meter reading from you using your preferred method of collection after 3 attempts,you will be assessed a $3 fee per month per device to collect your reads.If you make more than the applicable allowed prints in any period,you agree to pay us an additional amount equal to the number of excess prints made during such period,multiplied by the applicable Excess Print Charge.At the end of the first 12 months after commencement of this Agreement,and once each successive 12-month period thereafter,we may increase the Minimum Payment and the Excess Print Charge(s)by a maximum of 15%of the existing Minimum Payment or Excess Print Charge(s). 13.SUPPLIES LEVEL COVERAGE INFORMATION:All Inclusive is defined as including all colors (cyan,magenta,yellow and black)of toners,developers,drums and drums kits.B&W Inclusive is defined as only including black toners,black developers,black drums and black drums kits.Cyan,magenta and yellow toners,developers,drums and drums kits are not included.No Supplies Included is defined as not including any toners,developers,drums or drums kits. 14.MARCO SUPPORT DESK:If you selected “yes”on page 1,the charges established by this Agreement include payment for Marco Support Desk,Monday-Friday from 8:00 am to 5:00 pm CST.Marco Support Desk is included for all Equipment listed on this Agreement and is also available for equipment not listed on this Agreement at Marco’s published prevailing rates.All Marco Support Desk is provided as phone or internet support.Any on-site support will be billed at Marco’s prevailing published rates.Such Marco Support Desk is separate and distinct from this Agreement and shall not affect your obligations under this Agreement in any way.You agree to pay all amounts owing under this Agreement regardless of any claim you may have against us relating to the Marco Support Desk. Marco Support Desk includes the following: -Changes to your network such as:replaced or upgraded workstations and/or servers,IP address changes etc.that require reconfiguring your imager(s)on your network for printing or scanning.This would also include a best attempt to reconfigure scan to email for changes made by your Internet Service Provider. -Reinstallation and configuration of Manufacturer Companion Software and drivers on additional or upgraded workstations:Sharpdesk,PC Fax Drivers,EFI Command Workstation,EFI Remote scan and Marco installed meter monitoring software. -New or upgraded end user software that results in printing issues requiring updating print drivers or configurations;Additional training sessions for key operators and/or end users;Other printing or scanning software related issues as it applies to the imager(s). 29683 Page 2 of 6 Confidential Rev 07.2018 Sherpa/DocuSign v3.0 \tbx_1_CustomerID\ \tbx_1_OpportunityID\\tbx_1_EANumber\ , between The parties wish to amend the above-referenced Agreement by adding the following language: The parties wish to amend the above-referenced Agreement by adding the following language: STATE AND LOCAL GOVERNMENT ADDENDUM AGREEMENT NO. Phone: 800.892.8548 I Fax: 800.847.3087 Addendum to Agreement City Of Lakeville as Customer and Marco Technologies LLC, as Lessor. STATED OTHERWISE. NOTE: A FACSIMILE, ELECTRONIC OR SCANNED VERSION OF THIS DOCUMENT WITH SIGNATURE SHALL BE CONSIDERED BE AN ORIGINAL. CAPITALIZED TERMS IN THIS DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY REPRESENTATIONS AND WARRANTIES OF CUSTOMER:You hereby represent and warrant to us that:(a)you have been duly authorized by the Constitution and laws of the applicable jurisdiction and by a resolution of your governing body to execute and deliver the Agreement and to carry out its obligations hereunder;(b)all legal requirements have been met,and procedures have been followed,including public bidding,in order to ensure the enforceability of the Agreement;(c)this Agreement is in compliance with all laws applicable to you,including any debt limitations or limitations on interest rates or finance charges;(d)the Equipment will be used by you only for essential governmental or proprietary functions of you consistent with the scope of your authority,will not be used in a trade or business of any person or entity,by the federal government or for any personal,family or household use;and your need for the Equipment is not expected to diminish during the term of the Agreement;(e)you have funds available to pay contracted Payments until the end of your current appropriation period,and you intend to request funds to make contracted Payments in each appropriation period,from now until the end of the term of this Agreement;and (f)your exact legal name is as set forth on page one of the Agreement. NON-APPROPRIATION OR RENEWAL:If either sufficient funds are not appropriated to make contracted Payments or any other amounts due under this Agreement or (to the extent required by applicable law)this Agreement is not renewed,this Agreement shall terminate and you shall not be obligated to make contracted Payments under the Agreement beyond the then-current fiscal year for which funds have been appropriated.Upon such an event,you shall,no later than the end of the fiscal year for which contracted Payments have been appropriated,deliver possession of the Equipment to us.If you fail to deliver possession of the Equipment to us,the termination shall nevertheless be effective but you shall be responsible,to the extent permitted by law and legally available funds,for the payment of damages in an amount equal to the portion of contracted Payments thereafter coming due that is attributable to the number of days after the termination during which you fail to deliver possession and for any other loss suffered by us as a result of your failure to deliver possession as required.You shall notify us in writing within seven days after your failure to appropriate funds sufficient for the payment of the contracted Payments or (to the extent required by applicable law)this Agreement is not renewed,but failure to provide such notice shall not operate to extend the Agreement term or result in any liability to you. TITLE TO THE EQUIPMENT:If the selected purchase option for this Agreement is $1.00 or $101.00,unless otherwise required by law,upon your acceptance of the Equipment,title to the Equipment shall be in your name, subject to our interest under this Agreement. Any provision in the Agreement stating that the Agreement shall automatically renew unless the Equipment is purchased,returned or a notice requirement is satisfied is hereby amended and restated as follows:“This Agreement will renew for month-to-month terms unless you purchase or return the Equipment (according to the conditions herein) or send us written notice at least 30 days (before the end of any term)that you do not want it renewed.” Any provision in the Agreement stating that we may assign this Agreement is hereby amended and restated as follows: “We may sell,assign,or transfer this Agreement without notice to or consent from you,and you waive any right you may have to such notice or consent.” Any provision in the Agreement stating that you grant us a security interest in the Equipment to secure all amounts owed to us under any agreement is hereby amended and restated as follows:“To the extent permitted by law,you grant us a security interest in the Equipment to secure all amounts you owe us under this Agreement,and you authorize us to file a UCC-1 financing statement.” 28581 Page 3 of 6 Confidential Rev 07.2018 Sherpa/DocuSign v3.0 \tbx_1_CustomerID\ \tbx_1_OpportunityID\\tbx_1_EANumber\ LESSOR CUSTOMER SIGNATURE SIGNATURE TITLE DATE TITLE DATE CUSTOMER ACCEPTANCE Marco Technologies LLC X City Of Lakeville X \s1\ NOTE: A FACSIMILE, ELECTRONIC OR SCANNED VERSION OF THIS DOCUMENT WITH SIGNATURE SHALL BE CONSIDERED BE AN ORIGINAL. CAPITALIZED TERMS IN THIS DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE. \t1\\d1\ Any provision in the Agreement stating that you shall indemnify and hold us harmless is hereby amended and restated as follows:“You shall not be required to indemnify or hold us harmless against liabilities arising from the Agreement.However,as between you and us,and to the extent permitted by law and legally available funds, you shall bear the risk of loss for,shall pay directly,and shall defend against any and all claims,liabilities, proceedings,actions,expenses,damages or losses arising under or related to the Equipment,including,but not limited to,the possession,ownership,lease,use or operation thereof,except that you shall not bear the risk of loss of,nor pay for,any claims,liabilities,proceedings,actions,expenses,damages or losses that arise directly from events occurring after you have surrendered possession of the Equipment in accordance with the terms of the Agreement to us or that arise directly from our gross negligence or willful misconduct.” Any provision in the Agreement stating that a default by you under any agreement with our affiliates or other lenders shall be an event of default under the Agreement is hereby amended and restated as follows:“You will be in default if:(a)you do not pay any Payment or other sum due to us under the Agreement when due or if you fail to perform in accordance with the covenants,terms and conditions of this Agreement,(b)you make or have made any false statement or misrepresentation to us,(c)you dissolve,terminate your existence or file bankruptcy,or (d)there has been a material adverse change in your financial,business or operating condition.” Any provision in the Agreement stating that you shall pay our attorneys’fees is hereby amended and restated as follows:“In the event of any dispute or enforcement of rights under this Agreement or any related agreement, you agree to pay,to the extent permitted by law and to extent of legally available funds,our reasonable attorneys’fees (including any incurred before or at trial,on appeal or in any other proceeding),actual court costs and any other collection costs,including any collection agency fee.” Any provision in the Agreement requiring you to pay amounts due under the Agreement upon the occurrence of a default,failure to appropriate funds or failure to renew the Agreement is hereby amended to limit such requirement to the extent permitted by law and legally available funds. Any provision in the Agreement stating that the Agreement is governed by a particular state’s laws and you consent to such jurisdiction and venue is hereby amended and restated as follows:“This Agreement will be governed by and construed in accordance with the laws of the state where you are located.You consent to jurisdiction and venue of any state or federal court in such state and waive the defense of inconvenient forum.” By signing this Addendum,Customer acknowledges the above changes to the Agreement and authorizes Lessor to make such changes.In all other respects,the terms and conditions of the Agreement remain in full force and effect and remain binding on Customer. 28581 Page 4 of 6 Confidential Rev 07.2018 Sherpa/DocuSign v3.0 \tbx_1_CustomerID\ \tbx_1_OpportunityID\\tbx_1_EANumber\ Meter Reading Contact Person: MAKE/MODEL/ACCESSORIES SERIAL NUMBER START METER COLOR START METER BW 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29 30 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. TITLE DATED CUSTOMER (as referenced above) SIGNATURE KONICA BIZHUB C458 45-PPM COLOR MFP KONICA BIZHUB C558 55-PPM COLOR MFP KONICA BIZHUB C759 COLOR COPIER / PRINTER / SCANNER NJPA CONTRACT 083116-KON - staples included) KONICA BIZHUB C258 COLOR MFP W/2GB MEMORY KONICA BIZHUB C258 COLOR MFP W/2GB MEMORY KONICA BIZHUB C458 45-PPM COLOR MFP KONICA BIZHUB C458 45-PPM COLOR MFP KONICA BIZHUB C458 45-PPM COLOR MFP AGREEMENT NO. 2420239Schedule "A-1" 0 EQUIPMENT DESCRIPTION Phone: 800.892.8548 I Fax: 800.847.3087 This Schedule "A"is to be attached to and becomes part of the above-referenced Agreement by and between the undersigned and Marco Technologies, LLC. CUSTOMER ACCEPTANCE This Schedule "A" is hereby verified as correct by the undersigned Customer, who acknowledges receipt of a copy. City Of Lakeville X \s1\ \t1\ \d1\ KONICA BIZHUB 4050 APPLICATION NO. 29691 Page 5 of 6 Confidential Rev 07.2018 Sherpa/DocuSign v3.0 \tbx_1_CustomerID\ \tbx_1_OpportunityID\\tbx_1_EANumber\ 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29 30 31. CUSTOMER SIGNATURE TITLE ACCEPTANCE DATE Phone: 800.892.8548 I Fax: 800.847.3087 EQUIPMENT DESCRIPTION SERIAL NO. MAKE/MODEL/ACCESSORIES APPLICATION NO. 2420239Delivery & Acceptance Certificate STARTING METER - B&W STARTING METER - COLOR CUSTOMER ACCEPTANCE BE AN ORIGINAL. CAPITALIZED TERMS IN THIS DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE. City Of Lakeville X \s1\\t1\\d1\ NOTE: A FACSIMILE, ELECTRONIC OR SCANNED VERSION OF THIS DOCUMENT WITH SIGNATURE SHALL BE CONSIDERED KONICA BIZHUB C258 COLOR MFP W/2GB MEMORY KONICA BIZHUB C258 COLOR MFP W/2GB MEMORY KONICA BIZHUB C458 45-PPM COLOR MFP KONICA BIZHUB C458 45-PPM COLOR MFP KONICA BIZHUB C458 45-PPM COLOR MFP KONICA BIZHUB C458 45-PPM COLOR MFP KONICA BIZHUB C558 55-PPM COLOR MFP KONICA BIZHUB C759 COLOR COPIER / PRINTER / SCANNER KONICA BIZHUB 4050 This Certificate is delivered to and for the benefit of Lessor/Secured Party and pertains to the below-described Equipment and/or Financed Items which are the subject of the above-referenced Agreement between Marco Technologies LLC as Lessor/Secured Party and the undersigned as Customer.The words you and your refer to Customer.The words we,us and our refer to Lessor/Secured Party. You certify and acknowledge that all of the Equipment and Financed Items described in the Agreement (as applicable):1)have been received,installed and inspected,and 2)are fully operational and unconditionally accepted.Further,all terms and conditions of the above-referenced Agreement have been reviewed and acknowledged.Upon your signing below,your promises in the Agreement will be irrevocable and unconditional in all respects. DD&A Page 6 of 6 Confidential Rev 07.2018 Sherpa/DocuSign v3.0 © 2017 MARCO. ALL RIGHTS RESERVED. MARCONET.COM | 2 PROPOSAL CITY OF LAKEVILLE EQUIPMENT BEING REMOVED Manufacturer Model Replaced by Model Serial Number IP Address Trade-In $ KONICA- MINOLTA BIZHUB C451 C258 A00K010009232 156.142.177.65 Police - Investigations $500.00 KONICA- MINOLTA BIZHUB C452 C458 A0P2011000475 156.142.177.49 Park & Rec $1,500.00 KONICA- MINOLTA BIZHUB C454E C458 A5C0011016535 156.142.177.59 Inspections/Engineering $1,500.00 KONICA- MINOLTA BIZHUB C451 C258 A00K010015861 156.142.177.7 Fire Station #4 $500.00 KONICA- MINOLTA BIZHUB C754 C759 A2X0011000246 156.142.177.50 City Building MailRoom $2,200.00 KONICA- MINOLTA BIZHUB C554E C558 A5AY011004546 156.142.177.58 Administration Copy Room $1,800.00 KONICA- MINOLTA BIZHUB C452 C458 A0P2011001530 156.142.177.15 Water Treatment Center $1,500.00 KONICA- MINOLTA BIZHUB C364E C458 A5C1011023239 156.142.177.16 Central Maintenance $1,500.00 KONICA- MINOLTA 161F 4050 - 156.142.177.22 Hasse Arena $253.60 CITY OF LAKEVILLE EQUIPMENT RETAINED UNDER SERVICE KONICA- MINOLTA BIZHUB C368 Keep A7PU011005023 156.142.177.13 Art Center KONICA- MINOLTA BIZHUB C454E Keep A5C0011030333 156.142.177.60 Police Station - Mailroom KONICA- MINOLTA BIZHUB C368 Keep A7PU011004987 156.142.177.14 Heritage Center KONICA- MINOLTA BIZHUB C454E Keep A5C0011030442 156.142.177.12 Liquor 4 RECOMMENDED PRINT SOLUTION ITEM DESCRIPTION QUANTITY A7R0017X001 KONICA BIZHUB C258 COLOR MFP W/2GB MEMORY 2 A79M011 KONICA BIZHUB C458 45-PPM COLOR MFP 4 A79K011 KONICA BIZHUB C558 55-PPM COLOR MFP 1 A8JE011 KONICA BIZHUB C759 COLOR COPIER / PRINTER / SCANNER 1 A6VF011 KONICA BIZHUB 4050 1 CUL152 ECOPRINT ADDITIONAL USERS LICENSE (COM ADD TO LICENSE) 300 EKM11 ECOPRINT PAPERCUT KM VIA OPEN API LEVEL 2 (11-20) 12 RFI15 ECOPRINTQ RF IDEAS CARD READER (RDR-80081-AKU) *NOT KEYBOARD EMULATION** 12 SHIP01 SHIPPING AND HANDLING 1 © 2017 MARCO. ALL RIGHTS RESERVED. MARCONET.COM | 3 PROPOSAL PRBU01 ECOPRINTTCP UNIVERSIAL READER METAL BRACKET 12 PSFXX ECOPRINT XMONTHS OF PRORATED PREMIUM SUPPORT 1 SSG-MAINT SOFTWARE SOLUTIONS SUPPORT MAINT AGMT 1 ISS INSTALL SOFTWARE SOLUTIONS 1 MANAGED ACCOUNT PROGRAM (MAP) With Marco’s Managed Account Program, all you pay for is the number of prints you produce. The following program includes the equipment, service, and supplies (except staples, paper and network troubleshooting services). The result is a system with the capabilities and features you need—without the administrative headaches. You may also upgrade or downgrade your equipment at any time as your needs change.  60 Month MAP .................................................................................................. $3,558.15/Month  Black and White Prints included per Month: 60,000  Black and White Print Overage: $0.007 /Print  Color Prints included per Month: 30,000  Color Print Overages: $0.045 /Print CHECK BACK TO CITY OF LAKEVILLE FOR TRADE-IN Marco will cut a check back to City of Lakeville for the trade-in value of the equipment being returned to Marco. This check will total $11,253.60. DELIVERY, INSTALLATION, INITIAL SUPPLIES AND INITIAL TRAINING Delivery, Installation, Initial Supplies & Initial Training .................................................................................. Included Following the initial date of network installation and training, network support and additional training is billed at $135.00 per hour.  Phone support is billed in ¼ hour increments.  On-site support is billed at one-hour minimum plus applicable mileage charges. Time beyond the first hour is billed in ¼ hour increments. Customers may also choose to purchase an Advanced Copier/Printer Support Agreement and future on-site/ phone service. The above pricing does not include applicable sales tax. Prices quoted are subject to change and should be verified before placing your order. Accepted by: Date: By signing this proposal, you are authorizing Marco Technologies LLC to order, install and invoice the above listed equipment.