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HomeMy WebLinkAbout15-75 Resolution No. 15-75 RESOLUTION AUTHORIZING EXECUTION OF AN ADDENDUM TO MASTER PREMIER LEASE SCHEDULE WITH KONICA MINOLTA PREMIER FINANCE FOR THE LEASE OF SIX DIGITAL COPIERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute an Addendum to Master Premier Lease Schedule with Konica Minolta Premier Finance for the lease of six digital copiers, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: May 27, 2015 Adopted: May 27, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk KONICA MINOLTA ADDENDUM TO MASTER PREMIER LEASE AGREEMENT This Addendum forms and is made a part of that certain Master Premier Lease Agreement ("Agreement") between Konica Minolta Premier Finance and the City of Elgin ("Customer") executed by Customer on October 13, 2010, attached hereto and made a part hereof as Exhibit A. Capitalized terms used but not defined herein will have the same meaning as given to them in the Agreement. The Agreement is amended as follows: A NEW SECTION ENTITLED "MASTER LEASE TERMS" IS INSERTED AS FOLLOWS: • "MASTER LEASE TERMS: This Master Premier Lease Agreement incorporates the terms and conditions of Master Premier Advantage Schedule application #1264961,attached hereto and made a part hereof as Exhibit B." All other terms and conditions of the Agreement shall remain unchanged and in full force and effect. All handwritten, typed or "red-lined" additions and/or deletions on the Agreement are null and void and of no force or effect. However the following terms and conditions,which are attached hereto and made a part of this Agreement shall apply: EXHIBIT A—Master Premier Lease Agreement EXHIBIT B—Lease Schedules EXHIBIT C—Maintenance Agreement The changes contained in this Addendum shall apply to only the Agreement to which it is incorporated and is not a precedent for future lease transactions. IN WITNESS WHEREOF, the parties hereto have executed this Addendum to Master Premier Lease Schedule on May 27 ,2015. Konica Minolta Premier Finance City of El•i,/ By: //74A' By: 10 e:n • . ega !i Title: k.1.-4 (/ Iy/CJ4 - Title: City Manager The essentials of imaging • Exhibit A Master Premier APPLICATION NUMBER AGREEMENT NUMBER KONICA MINOLTA Lease Agreement This Master Premier Lease Agreement('Agreement")is written in'Plain English'. The words you and your refer to the customer(and its guarantors). The words Lessor,we,us and our refer to Konica Minolta Premier Finance,a program of Konica Minolta Business Solutions U.S.A.,Inc.(Supplier) CUSTOMER INFORMATION FULL LEGAL NAME STREET ADDRESS City of Elgin 150 Dexter Court CITY STATE ZIP PHONE FAX Elgin IL 60120 (847)931-5604 (847)931-5689 BILLING NAME(IF DIFFERENT FROM ABOVE) BILLING STREET ADDRESS CITY STATE ZIP E-MAIL denye_d@cityofelgin.org EQUIPMENT LOCATION(IF DIFFERENT FROM ABOVE) see attachment CUSTOMER CONFIDENCE GUARANTEE Konica Minolta Business Solutions agrees to maintain the Equipment in good operating condition providing j se necessary maintenance service and parts for routine repairs. If our Service Representative is unable to repair the equipment covered under a Konica Minolta Business Solutions Service Agreement and this . guarantee,we shall provide,at no charge,an equivalent replacement. TERMS AND CONDITIONSn(ic,A1s1+ t_t,11r.11,o'.i(,U SI 1i(11 -,1 :)...r,t rr,,,_it,,r. .''1 r:.,-r,-1111 0,sr..!:.r.: r:.; 1.LEASE AGREEMENT:You agree to lease from us the personal property as identified in schedules to this Master Premier Lease Agreement from lime to time signed by you and us (such property and any upgrades,replacements,repairs and additions referred to as'Equipment')for business purposes only. Each Schedule is a separate assignable lease. You agree to all of the terms and conditions contained in this Agreement,any schedule or supplement,which together are a complete statement of our Agreement regarding the:fisted Equipment('Agreement')and supersedes any purchase order or outstanding invoice. This Agreement may be modified only by written Agreement and not by course of performance. This Agreement becomes valid upon execution by or for us. To provide a uniform trilling cycle,the'Billing Date'of this Agreement wit be on the twenty filth(25th)day of the month. You agree to pay a prorated amount of 1/30th of the monthly payment times the number of days between the installation date and the Billing Date. This Agreement will continue from the Billing Date for the Term shown and wit be extended automatically for successive one(1)month terms unless you(a)send us written notice,between ninety(90)days and one hundred fifty(150)days before the end of any term,of your decision to return or purchase the Equipment or renew this Lease or(b)you do not purchase or return the Equipment,as specified in your notice,within 10 days after the end of the term. Leases with 51.00 purchase options will not be renewed. THE BASE RENTAL PAYMENT SHALL BE ADJUSTED PROPORTIONATELY UPWARD OR DOWNWARD,IF THE ACTUAL COST OF THE EQUIPMENT EXCEEDS OR IS LESS THAN THE ESTIMATE PROVIDED TO LESSEE. 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. You authorize us to insert or correct missing information on this lease including your proper legal name,serial numbers,other numbers describing the Equipment and other omitted factual matters. You agree to provide updated annual and/or quarterly financial statements to us upon request. 2.RENT: Rent will be payable in installments,each In the amount of the Monthly Payment(or other periodic payment)shown in the schedule,plus any applicable sales,use and property tax. If we pay any tax on your behalf.you agree to reimburse us promptly along with a processing lee. You will pay the security deposit on the date you sign this Agreement. Subsequent installments will be payable on the first day of each rental payment period shown beginning after the first rental payment period or as otherwise agreed. We will have the right to apply all sums received from you to any amounts due and owed to us under the terms of this Agreement. Your obligation to make all Monthly Payments(or other periodic payment)hereunder is absolute and unconditional and you cannot withhold or offset against any Monthly Payments(or other periodic payment)for any reason. 3.COMPUTER SOFTWARE:Not withstanding any other terms and conditions of this Agreement,you agree that as to software only:a)We have not had,do not have,nor will have any title to such software,b)You have executed or will execute a separate software license Agreement and we are not a party to and have no responsibilities whatsoever in regards to such license Agreement,c)You have selected such software and as per Agreement paragraph 5,.WE MAKE NO WARRANTIES OF MERCHANTABILITY,DATA ACCURACY, SYSTEM INTEGRATION OR FITNESS FOR USE AND TAKE ABSOLUTELY NO RESPONSIBILfTY FOR THE FUNCTION OR DEFECTIVE NATURE OF SUCH SOFTWARE, SYSTEMS INTEGRATION. OR OTHERWISE IN REGARDS TO SUCH SOFTWARE. CUSTOMER'S LEASE PAYMENTS AND OTHER OBLIGATIONS UNDER THIS LEASE AGREEMENT SHALL IN NO WAY BE DIMINISHED ON ACCOUNT OF OR IN ANY WAY RELATED TO THE ABOVE SAID SOFTWARE LICENSE AGREEMENT OF FAILURE IN ANY WAY OF THE SOFTWARE. (continued on back) THIS IS A NONCANCELABLE/IRREVOCABLE AGREEMENT:THIS AGREEMENT CANNOT BE CANCELED OR TERMINATED. LESSOR ACCEPTANCE • Konica Minolta Premier Finance 4/io, 1130/IV TE LESSOR ION TU-I TITLE CUSTOMER ACCEPTANCE 10/13/10 City of Elgin X � fi• / City Manager DATED CUSTOMER SIGNAT E TITLE 36-6005862 Sean R. Stegall FEDERAL TAX I.D.a PRINT NAME See reverse side for additional terms and conditions • Exhibit A a.uvviVERSHIP OF EQUIPMENT:We are the Lessor of the Equipment and have sofa titre(unless you have a$1.00 purchase option)to the Equipment(excludng software). You agree to keep the Equipment free and clear of all Gera and claims. 5.WARRANTY DISCLAIMER:WE MAKE NO WARRANTY EXPRESS OR IMPLIED,INCLUDING THAT THE EQUIPMENT IS NT FOR A PARTICULAR PURPOSE OR THAT THE EQUIPMENT IS MERCHANTABLE. YOU AGREE THAT YOU HAVE SELECTED EACH ITEM OF EQUIPMENT BASED UPON YOUF OWN JUDGMENT AND DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BY US. 6.LOCATION OF EQUIPMENT:You wilt keep and use the Equipment only at your address shown above and you agree not to move it unless we agree to it. Al the end of the Agreement's term,if you do not purchase the Equipment,you will return the Equipment to a location we specify at your expense,in retail resaleable condition(normal wear and tear acceptable),full working order,and In complete repair. 7.LOSS OR DAMAGE:You are responsible for the risk of loss or for any destruction of or damage to the Equipment. No such loss or damage relieves you from the payment obligations under this Agreement. You agree to promptly notify us in writing of any toss or damage and you will then pay to us the present value of the total of at unpaid Monthly Payments for other periodic payments shown)for the lull Agreement term plus the estimated fair marital value of the Equipment at the end of the originally scheduled tern,all discounted at six percent(6%)per year. 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 fad to execute in your name any insurance drafts or checks issued due to loss or damage to the Equipment. 8.COLLATERAL PROTECTION AND INSURANCE: You are responsible for installing and keeping the Equipment in good working order.Except for ordinary wear and tear,you are responsible for protecting the Equipment from damage and loss of any kind.If the Equipment is damaged or lost,you agree to continue to pay the amounts due and to become due hereunder without setoff or defense.During the term of this Agreement,you agree that you will(1)insure the equipment against all loss or damage naming us as loss payee;(2) obtain liability and third party property damage insurance naming us as an additional Insured;and(3)deliver satisfactory evidence of such coverage with carriers, policy forms and amounts acceptable to us.All policies must provide that we be given thirty(30)days written notice of any material change or cancellation.It you do not provide evidence of acceptable insurance,we have the right,but no obligation,(a)to obtain insurance covering our interest(and only our interest)in the Equipment for the lease term,and renewals.Any insurance we obtain will not insure you against third party or liability claims and may be canceled by us at any time.In that event you wtt be required to pay us an additional amount each month for the insurance premium and an administrative fee.The cost may be more than the cost of obtaining your own insurance.You agree that we,or one of our titillates,may make a profit in connection with the insurance we obtain.You agree to cooperate with us,our insurer and our agent in the placement of coverage and with claims or,(b)we may waive the insurance requirement and charge you a monthly property damage surcharge in the amount of.0035 of the original equipment cost to cover our credit risk,administrative costs and other costs and on which we may make a profit.it you later provide evidence that you have obtained acceptable insurance,we will cancel the insurance we obtained or cease charging the surcharge. B.INDEMNITY: We are not responsible for any loss or injuries caused by the installation or use of the Equipment.You agree to hold us harmless and reimburse us lot loss end to defend us against any claim for losses or injury caused by the Equipment. 10.TAXES AND FEES: You agree to pay when invoiced all taxes(including personal property tax,fines and penalties)and fees relating to this Agreement or the Equipment. You agree to(a)reimburse us for all personal property taxes which we are required to pay as Owner of the Equipment or to remit to us each month our estimate of the monthly equivalent of the annual property taxes to be assessed. It you do not have a$1.00 purchase option,we will file all personal property, use or other tax returns and you agree to pay us a processing lee for making such fitngs. You agree to pay us up to$75.00 on the date the first payment is due as an origination fee. We reserve the right to charge a lee upon termination of this Agreement either by trade-up,buy-out or default. Any fee charged under this Agreement may include a profit and is subject to applicable taxes. 11.ASSIGNMENT: YOU HAVE NO RIGHT TO SELL,TRANSFER,ASSIGN OR SUBLEASE THE EQUIPMENT OR THiS AGREEMENT. We may sell,assign,or transfer this Agreement and/or the Equipment without notice. You agree that if we sell,assign,or transfer this Agreement and/or the Equipment,the new lessor will have the same rights and benefits that we have now and will not have to perform any of our obligations. You agree that the rights of the new Lessor wit not be subject to any claims,defenses,or set offs that you may have against us whether or not you are notified of such assignment. 12 DEFAULT AND REMEDIES:II you do nor pay any lease payment or other sum due to us or other party when due or B you break any of your promises in the Agreement or any other Agreement with us,you will be in defaut. It any part of a payment is more than 3 days late,you agree to pay a tate charge of 10%of the payment which is late or If less,the maximum charge allowed by law. if you are ever in default,we may do any one or all of the following(a)instruct Supplier to withhold service,parts and supplies and/or void the Customer Confidence Guaranty;(b)retain your security deposit;(c)terminate or cancel this Agreement end require that you pay(1)the accelerated unpaid balance of this Agreement (discounted at 4%); (2)the amount of any purchase option and if none is specified,20%of the original Equipment cost which represents our anticipated residual value in the Equipment;(3)and return the Equipment to us to a location designated by us. We may recover interest on any unpaid balance at the rale of 8%per annum. We may also use any of the remedies available to us under Article 2A of the Uniform Commercial Code as enacted in the State of Lessor or is Assignee or any other law. You agree to pay our reasonable costs of collection and enforcement,including but not limited to attorneys fees and actual court costs relating to any claim arising under this Agreement including,but not limited to, any legal action or referral for collection. If we have to take possession of the Equipment,you agreelo pay the cost of repossession. The net proceeds of the sale of any repossessed Equipment will be credited against what you owe us YOU AGREE THAT WE WILL NOT BE RESPONSIBLE FOR ANY CONSEQUENTIAL INDIRECT OR INCIDENTAL DAMAGES FOR ANY REASON WHATSOEVER. You agree that any delay or failure to enforce our rights under this Agreement does not prevent us from enforcing any rights at a later time.At of • our rights are cumulative.It is further agreed that your rights and remedies are governed exclusively by this Agreement and you waive lessee's rights under Article 2A(508-522)of the UGC, 13.UCC FILINGS:You grant us a security interest in the Equipment if this Agreement is deemed a secured transaction and you authorize us to record a UCC-1 financing statement or similar instrument in order to show our interest in the Equipment. 1a.SECURITY DEPOSIT:The security deposit is non-interest bearing and Is to secure your performance under this Agreement. Any security deposit made may be appied by us to satisfy any amount owed by you,in which event you will promptly restore the security deposit to is full amount as set forth above. If all conditions herein are fully complied with and provided you have not ever been in default of this Agreement per paragraph 12,the security deposit will be refunded to you after the return of the equipment in accordance with paragraph 6. 15.CONSENT TO LAW,JURISDICTION,AND VENUE:This Agreement shat be deemed fully executed and performed in the state of Lessor or Its Assignee's principal place of business and shat be governed by and construed in accordance with its laws. If the Lessor or its Assignee shall bring any judicial proceeding in relation to any matter arising under the Agreement,the Customer irrevocably agrees that any such matter may be adjudged or determined in any court or courts in the state of the Lessor or its Assignee's principal place of business,or in any court or courts in Customer's state of residence,or in any other court having jurisdiction over the Customer or assets of the Customer,al at the sole election of the Lessor. The Customer hereby irrevocably submits generally and unconcitionally to the jurisdiction of any such court so elected by Lessor in relation to such matters.You waive trial by jury in any action between us. l6 LESSEE GUARANTY:You agree to submit the original of the Agreement documents with the security deposit to the Lessor via overnight courier the same day of the facsimile or electronic mail transmission of the signed lease documents. Should we fail to receive these originals,you agree to bound by the faxed or electronically mailed copy of this Agreement with appropriate signatures on both sides of the document. Lessee waives the right to challenge in court the authenticity of a faxed or electronically mailed signed copy of this Agreement and the faxed or electronically mailed copy containing your faxed or scanned signature and our original signature shall be considered the sole original for all purposes, including without limitation,any enforcement action under paragraph 12. 24710- 10/02/2008 Exhibit A KONICA MINOLTA NON-APPROPRIATION FORM ADDENDUM TO Agreement No. between Konica Minolta Premiere Finance, Lessor And City of Elgin , Lessee (Full Legal Name of Lessee) Dated: September,2010 FOR MUNICIPALITIES ONLY A. CUSTOMER COVENANTS: You covenant and warrant that (1)it has, in accordance with the requirements o1 law, fully budgeted and appropriated sufficient funds for the current budget year to make the payments scheduled to come due and to meet its other obligations under the Agreement and such funds have not been expended for other purposes;and (2) that there is no action,suit,proceeding or Investigation pending,or threatened in any court or other tribunal or competent jurisdiction,state or federal or before any public board or body, which in any way would(a)restrain or enjoin the delivery of the Agreement or the ability of you to make its Base Payments{as set out above);(b)contest or affect the authority for the execution or delivery of,or the validity of,the Agreement;or (c)contest the existence and powers of you;nor is there any basis for any such action,suit,proceeding or investigation;and (3) That the equipment will be operated and controlled by you and will be used for essential government purposes and will to be essential for the term of the Agreement. (4) You have not previously terminated a rental for non-appropriation,except as specifically described in a letter appended hereto. B. SiGNATURES: Each signor(two if monthly payment exceeds$1,200)warrants that he/she is fully conversant with the governing relevant legal and regulatory provisions and has full power and authorization to bind you. Signor(s)for you further warrant(s) its governing body has taken the necessary steps;including any legal bid requirements, under applicable law to arrange for acquisition of the Equipment;the approval and execution has been in accordance with all applicable open meeting laws;and that a resolution of the governing body of you authorizing execution of the Agreement has been duly adopted and remains in full force and effect. C. NON APPROPRIATION: In the event you are in default under the Agreement because: 1. Funds are not appropriated for a fiscal period subsequent to the one in which the Agreement was entered into which are sufficient to satisfy all of your obligations under the Agreement during said fiscal period; 2. Such non-appropriation did not result from any act or laiture to act of you; 3. You have exhausted all funds legally available for all payment due under the Agreement;and 4. There is no other legal procedure by which payment can be made to Lessor. Then,provided that(a)you have given Lessor written notice of the occurrence of paragraph 1 above thirty(30)days prior to such occurrence;(b) Lessor has received a written opinion from your counsel verifying the same within ten(10)days thereafter;and(c)you do not directly or Indirectly purchase,rent or in any way acquire any services or equipment supplied or provided for hereunder;upon receipt of the equipment delivered to a location designated by Lessor,at your expense,Lessors remedies for such default shall be to terminate the Agreement at the end of the fiscal period during which notice is given;retain the advance payments,if any;and/or sell,dispose of,hold,use or rent the equipment as Lessor in its sole discretion may desire,without any duty to account to you. Approved and agreed to as an Addendum to and part of the Agree gent,this 13th day of October,. 2010. LESSOR ACCEPTANCE V24/0 Konica Minolta Premier Finance i� OW , g/t/i/14, DATED LESSOR IG ' • TITLE CUSTOMER ACCEPTANCE 10/13/10 CITY OF ELGIN CITY MANAGER DATED CUSTOMER SIGN RE TITLE 36-6005862 SEAN R. STEGALL FEDERAL TAX I.D.k PRINT NAME 24884. 10/02/2008 Exhibit B • For office use only(Check one): ®Branch p Windsor Master Premier APPLICATION NO. MASTER AGREEMENT NO. SCHEDULE NO. Advantage Schedule 1264961 KONICA MINOLTA . CUSTOMER BILL-TO INFORMATION(Separate schedules must be completed for each billing location.) FULL LEGAL NAME DEPARTMENT NAME CITY OF ELGIN STREET ADDRESS 1 P.O.BOX BLDG/ROOM/SUITE 150 DEXTER COURT CITY STATE ZIP BILLING CONTACT NAME ELGIN IL 60120 BILL-TO PHONE NUMBER- FAX NUMBER By proMding a telephone number for•cellular phone or otter winless device,you or expressly consenting to raadvig communications(for NON4narkeling or eofdfation purpose)at that number,Inducting,but not failed b• prerecorded or artificial voice message cells,tend messages and calk made by an automatic telephone Meting system from Lessor end as affiliates and agents.This Express Consent oppress to each such telephone number Bet you ••• toss newer in the tubas and•- Its much odic:.Thee oafs end -• ma had acmes Mae from • mauler. • . . CUSTOMER INSTALLATION LOCATION(Separate schedules must be completed for each billing location.) LESSEE LEGAL NAME DEPARTMENT NAME CITY OF ELGIN STREET ADDRESS I P.O.BOX BLDG/FLOOR 1 ROOM/SUITE 150 DEXTER COURT CITY STATE ZP CONTACT NAME ELGIN IL 60120 SHEILA BRESLICH PHONE NUMBER FAX NUMBER (847)931.5640 MAKE/MODEL NO./ACCESSORIES(including Software Description and Supplier/Licensor if applicable) 1 BIZHUB C654E Q see eltached'sdrodtle A'for additional Equlpnrd I Accessories I Software TERM AND PAYMENT SCHEDULE TERM IN MONTHS #of payments Payment Frequency Payment Amount Advance Payment (pin eppleable taxes) 1pa applicable ) 36 36 ❑Quarterly® Monthly $358.21 $ Payment includes B&W pages per month Overages billed at$ per B&W page Payment includes Color pages per month Overages billed at$ per Color page END OF LEASE OPTIONS:You wig have the following options at the and of tare original t arn,provided the Lease has not Mmtbtated early and no event of default under the Leese has occurred and is ' continuing. 1.Purchase the Equipment for the fair Market Value a determined Dy us. 2 Renew the Leese per paragraph I(on Agreement). S.Return Equipment as provided it Paragraph 6(on Agreement). THIS SCHEDULE INCORPORATES ALL OF THE TERMS AND CONDITIONS OF THE MASTER PREMIER ADVANTAGE AGREEMENT IDENTIFIED ABOVE LESSOR ACCEPTANCE Konica Minolta Premier Finance IIIM-illf i _,J1,2111111Wil r LESSOR r-''*:9) D.!- ❑ • ED CUSTOMER ACCEPTANCE CITY OF ELGIN X , - • 5/27/2015 FULL LEGAL NAME OF CUSTOMER(as referenced above) AUTHO-t •SIGNER DATED 36-6005862 SEAN STEGALL CITY MANAGER FEDERAL TAX I.D.# PRINT NAME TITLE KMPF0008—US 6/10/2013 Exhibit B For office use only(Check one): ®Branch ❑Windsor Master Premier APPLICATION NO. MASTER AGREEMENT NO. SCHEDULE NO. KONICA MINOLTA Advantage Schedule 1264961 CUSTOMER BILL- TO INFORMATION(Separate schedules must be completed for each billing location.) FULL LEGAL NAME DEPARTMENT NAME CITY OF ELGIN STREET ADDRESS I P.O.BOX BLDG/ROOM/SUITE 150 DEXTER COURT CITY STATE ZIP BILLING CONTACT NAME ELGIN IL 60120 BILL-TO PHONE NUMBER' FAX NUMBER • 'By providing a telephone number fa a celbgr prone or other wireless device,you are ewes*consenting to receiving communications(for NON-marketing or solidtetlon purposes)at that number.including,but not belted to, p ereWMSd or anrrdel voice message oldie Imo messages,and cells made by an autornatic telephone dialing system from Lessor end its/Mates end agents.This Espress Consent apples to each such telephone number Ihd you •• to us now win the tubes and permits such cites.These cells and • levee access fees f r o m • cellular. . •-. CUSTOMER INSTALLATION LOCATION(Separate schedules must be completed for each billing location.) LESSEE LEGAL NAME DEPARTMENT NAME CITY OF ELGIN EASTSIDE RECREATION CENTER STREET ADDRESS/P.O.BOX BLDG/FLOOR/ROOM/SUITE 1080 E.CHICAGO STREET CITY STATE ZIP CONTACT NAME ELGIN IL 60120 MITCH LEHMAN PHONE NUMBER FAX NUMBER (847)909-7869 MAKE/MODEL NO./ACCESSORIES(including Software Description and Supplier/Licensor if applicable) 1 BIZHUB 284E • • D Sea eSac ed'Schedule A foreddiona Equlpneid1Accessories/Software TERM AND PAYMENT SCHEDULE TERM IN MONTHS #of payments Payment Frequency Payment Amount Advance Payment (pea appaable Yeas) (pus Ng:4m to eves) 36 36 ❑Quarterly® Monthly $101.78 $ Payment includes B&W pages per month Overages billed at$ per B&W page Payment includes Color pages per month Overages billed at$ per Color page END OF LEASE OPTIONS:You will hew the Mowing options et one end of The original temr,provided one Lease has not fam*iefed wady and no event of default under the Leese has occurred and Is continuing. 1.Purchase the Equipnsrd for one Fair Market Value es determined by us. 2.Renew the Leese per paragraph I(on Agreement). 3.Return Equipment es provided in Paregreph 6(on Agreement). THIS SCHEDULE INCORPORATES ALL OF THE TERMS AND CONDITKINS OF THE MASTER PREMIER ADVANTAGE AGREEMENT IDENTIFIED ABOVE. LESSOR ACCEPTANCE Konica Minolta Premier Finance P FfUl 4 ,/i ) q (5 LESSOR Tlf• •• • S T V DA o CUSTOMER ACCEPTANCE CITY OF ELGIN X if 5/27/2015 FULL LEGAL NAME OF CUSTOMER(as referenced above) AUTH✓• D SIG ER DATED 36-6005862 SEAN STEGALL CITY MANAGER FEDERAL TAX ID.N PRINT NAME TITLE KMPF0008—US 6/10/2013 • Exhibit B • For office use only(Check one): 13 Branch 0 Windsor Master.Premier APPLICATION NO. MASTER AGREEMENT NO. SCHEDULE NO. KONICA MINOLTA Advantage Schedule 1264961 CUSTOMER BILL-TO 1NFORMATION(Separate schedules must be completed for each billing location.l FULL LEGAL NAME DEPARTMENT NAME CITY OF ELGIN STREET ADDRESS!P.O.BOX BLDG!ROOM I SUITE 150 DEXTER COURT CITY STATE ZIP BILLING CONTACT NAME ELGIN IL 60120 BILL-TO PHONE NUMBER* FAX NUMBER 'By providing s telephone number for s celkdar phone or other wireless device,you an exams*consenting to receiving communications(for NON-sarketIng or solldMion purposes)at that number,including,but not bolted to, prerecorded or artKdat voice message COIL lid messages.and calk made by sn automatic telephone disleg system from Lessor and its affiliates and agents.This Expose Consent eppies to each such teiephons number that you provide to us now or in h Mmes and• •such cells.These eels and • - Int:imams=fess from • oeMiar • • . CUSTOMER INSTALLATION LOCATION(Separate schedules must be completed for each billing location.) LESSEE LEGAL NAME DEPARTMENT NAME CITY OF ELGIN STREET ADDRESS!P.O.SOX BLDG!FLOOR!ROOM I SUITE 3270 LONGCOMMON PARKWAY CITY STATE ZIP CONTACT NAME ELGIN IL 60124 DAINA DENYE PHONE NUMBER FAX NUMBER (847)931-6175 MAKE/MODEL NO./ACCESSORIES(including Software Description and Supplier/Licensor if applicable) 1 BIZHUB 224E o See attached'Schedule A'for additional Equipment/Accessories I Seaman TERM AND PAYMENT SCHEDULE TERM IN MONTHS #of payments Payment Frequency Payment Amount Advance Payment Ipins waver rove) (pkre evekeble tonal 36 36 Quarterly® Monthly $89.84 $ Payment includes B&W pages per month Overages billed at$ per B&W page Payment includes Color pages per month Overages billed at$ per Color page END OF LEASE OPTIONS:You wel have the foaming options at the end of the original term,provided the Lease has not temetatad early and no event of default under the Lease has occurred and is continuing. 7.Purchase the Equ4oment forth*Fair Merkel Value as determined by us. 2.Renew the Lease per paragraph I(on Agrsenrnt). J.Return Equipment es provided in Paragraph 6(on Agreement). THIS SCHEDULE INCORPORATES ALL OF THE TERMS AND CONDITIONS OF THE MASTER PREMIER ADVANTAGE AGREEMENT IDENTIFED ABOVE. LESSOR ACCEPTANCE ���► 1 Konica Minolta Premier Finance �'�.. �.*W �l7ipi'l'FEWORINNW LESSOR HORIZED- �a t' n D CUSTOMER ACCEPTANCE CITY OF ELGIN I X fir 1 5/27/2015 FULL LEGAL NAME OF CUSTOMER(as referenced above) AUTH ri D SIGNER DATED 36-6005862 SEAN STEGALL CITY MANAGER FEDERAL TAX ID.C PRINT NAME TITLE • KMPF0008—US 6/10/2013 Exhibit B For office use only(Check one): ®Branch ❑Windsor Master Premier APPLICATION NO. MASTER AGREEMENT NO. SCHEDULE NO. KONICA MINOLTA Advantage Schedule 1264961 CUSTOMER BILL-TO INFORMATION(Separate schedules must be completed for each billing location.) FULL LEGAL NAME DEPARTMENT NAME CITY OF ELGIN STREET ADDRESS/P.O.BOX BLDG/ROOM I SUITE 150 DEXTER COURT CITY STATE ZIP BILLING CONTACT NAME ELGIN IL 60120 BILL TO PHONE NUMBER' FAX NUMBER By prodding s Mlephone number fora cellular phone or other%reless device,you we expressly consenting to receiving communications(for NON4harketbtp or sdidtation purposes)N that number,kacbding,but not felted to, prerecorded or aNriwl voice message rats,ten messages,end cats made by en automatic telephone dialing system Iron Lessor and Its ablates and agoras.This Express Consent spphes to each such telephone number that you • • • M us now or intim tutus and• • such saes.TheseaNS and ... .• Incur massless from • mauler• • • . CUSTOMER INSTALLATION LOCATION(Separate schedules most be completed for each billing location.) LESSEE LEGAL NAME DEPARTMENT NAME CITY OF ELGIN Investigations STREET ADDRESS I P.O.BOX BLDG/FLOOR/ROOM/SUITE 151 DOUGLAS AVENUE 2nd Floor CITY STATE ZP CONTACT NAME ELGIN IL 60123 DAINA DENYE PHONE NUMBER FAX NUMBER (847)9315604 MAKE/MODEL NO./ACCESSORIES(including Software Description and Supplier/Licensor if applicable) 1 BIZHUB 554E O See attached'Schedule A'for additional EgipmeMI Accessodss I Sanwa TERM AND PAYMENT SCHEDULE TERM IN MONTHS #of payments Payment Frequency Payment Amount Advance Payment (plus makable timid (pus windefaces) 36 36 ❑Quarterly® Monthly $20126 $ Payment includes B&W pages per month Overages billed at$ per B&W page Payment includes Color pages per month Overages billed at$ per Color page END OF LEASE OPTIONS:You vim have the following options at the end of the origami tem+,provided the Lease has not terminated early end no event of default under the Leese has acamad and is continuing. 1.Arches*the Equipment for the Fair Market Value as determined by us. 2.Renew Ma Lease perparsgraph I(on Agreemanq. 3.Return Equipment as provided/nParagraph 6 fon Apesrrlenq. TENS SCHEDULE INCORPORATES ALL OF THE TERMS AND CONDITIONS OF THE MASTER PREMIER ADVANTAGE AGREEMENT IDENTIFIED ABOVE. LESSOR ACCEPTANCE Konica Minolta Premier Finance WAN I/ LESSOR • ORIZED S • T CUSTOMER ACCEPTANCE CITY OF ELGIN 7 21 FULL LEGAL NAME OF CUSTOMER(as referenced above) AUTH D SIGNER DATED 36-6005862 S '• STEGALL CITY MANAGER FEDERAL TAX ID.P PRINT NAME TITLE KMPF0008—US 6/10/2013 Exhibit B • For office use only(Check one): ®Branch ❑Windsor Master Premier APPLICATION NO. MASTER AGREEMENT NO. SCHEDULE NO. ItONICA MINOLTA Advantage Schedule 1264961 CUSTOMER BILL-TO INFORMATION(Separate schedules must be completed for each billing location.) FULL LEGAL NAME DEPARTMENT NAME CITY OF ELGIN STREET ADDRESS/P.O.BOX BLDG/ROOM/SUITE 150 DEXTER COURT CITY STATE ZIP BILLING CONTACT NAME ELGIN IL 60120 BILL-TO PHONE NUMBER' FAX NUMBER 5y providing a telephone number for a cellular phone or other wireless device,you are e>mresdy consenting to receMng communications(lor NON-marketing or sdidlation purposes)at that number,induting,but not belted to, prerecorded o artificial voice message cads tee messages,and alts made by an automatic telephone along system from Lessor and Es aEYiates and sports.This Express Consent apprise to each such telephone number that you provide low retrain the future end•- such alts.These alts and •...may incur eceess teas from • cellidr• • • . CUSTOMER INSTALLATION LOCATION(Separate schedules must be completed for each billing location.) LESSEE LEGAL NAME DEPARTMENT NAME CITY OF ELGIN STREET ADDRESS/P.O.BOX BLDG I FLOOR I ROOM/SUITE 1900 HOLMES ROAD CITY STATE ZIP CONTACT NAME ELGIN IL 60123 CYNDY FOWLER PHONE NUMBER FAX NUMBER (847)931-6157 MAKE/MODEL NO./ACCESSORIES(including Software Description and Supplier/Licensor if applicable) 1 BIZHUB 454E o Sea anafiad'Schedule A'for addiion l Equipment I Accessories I Software TERM AND PAYMENT SCHEDULE TERM IN MONTHS #of payments Payment Frequency Payment Amount Advance Payment (pia appM+bl mast (plus appiuble teas) 36 36 ❑Quarterly® Monthly $126.10 $ Payment includes B&W pages per month Overages billed at$ per B&W page Payment indudes Color pages per month Overages billed at$ per Color page END OF LEASE OPTIONS:You wig have the libwwp options at the and of the ongknal tenm,prot4dsd the Leese has not'emanated early and no event of debug under lbe Lease has o0LVawd and is continuing. 1.Purchase the Equipment for the Fab Market Vehe as deteennined by us. 2.Renew the Lease per paragraph 1(on Agreement). 3.Return Equpment as provided in Paragraph 6(on Agleam ). THIS SCHEDULE INCORPORATES ALL OF THE TERMS AND CONDITIONS OF THE MASTER PREMIER ADVANTAGE AGREEMENT IDENTIFED ABOVE. LESSOR ACCEPTANCE Konica Minolta Premier Finance LESSOR AUTHORIZED- • '• CUSTOMER ACCEPTANCE CITY OF ELGIN X 5/2 7/2 015 FULL LEGAL NAME OF CUSTOMER(es referenced above) AUTHOR fr ER DA TED 36-6005862 SEAN STEGALL CITY MANAGER FEDERAL TAX I.D.N PRINT NAME TITLE KMPF0008—US 6/1012013 Exhibit B For office use only(Check one): ®Branch 0 Windsor Master Premier APPLICATION NO. MASTER AGREEMENT NO. SCHEDULE NO. KONICA MINOLTA Advantage Schedule )264961 CUSTOMER BILL-TO INFORMATION(Separate schedules must be completed for each billing location.) FULL LEGAL NAME DEPARTMENT NAME CITY OF ELGIN STREET ADDRESS/P.O.BOX BLDG/ROOM 1 SUITE 150 DEXTER COURT CITY STATE ZIP BILLING CONTACT NAME ELGIN IL 60120 BILL•TO PHONE NUMBER' FAX NUMBER By providing a telephone number for a cellular phone or other wireless device,you ate expressly consenting to rewiring communisations(tor NON manteling or solicitation ptapo$es)at that number,including,bed not knifed to, prerecorded or artificial voice message calk,tan messages,and cans made by an automatic telephone dialing system from Lessor and its affiliates and agents.This Express Consent apples to each such telephone number that you • provide to us now or in the Whim end• mint such cabs.These calls and masse•es me incur moms lees front • cellular• • '• . CUSTOMER INSTALLATION LOCATION(Separate schedules must be completed for each billing location.) LESSEE LEGAL NAME DEPARTMENT NAME CITY OF ELGIN LEO NELSON WATER TREATMENT PLANT STREET ADDRESS I P.O.BOX BLDG/FLOOR!ROOM!SUITE 375 W.RIVER ROAD CITY STATE ZIP CONTACT NAME ELGIN IL 60120 KYLA JACOBSEN PHONE NUMBER FAX NUMBER (847)931-6160 MAKE/MODEL NO./ACCESSORIES(including Software Description and Supplier/Licensor if applicable) 1 BIZHUB -1 e 0 See attached'Schedule A'for additional Equipment I Accessories l Software TERM AND PAYMENT SCHEDULE TERM IN MONTHS #of payments Payment Frequency Payment Amount Advance Payment (Maam•-+ r--^s) (plus eppaoseletans) 36 36 Quarterly® Monthly $ c244-2.- $ Payment includes B&W pages per month Overages billed at$ per B&W page Payment includes Color pages per month Overages billed at$ per Color page END OF LEASE OPTIONS:You sail have the/oamving options al the and of the onginet Semi,provided the Leese has not hnnineted early and no event of default under the Lease has occurred end is continuing. 1.Purchase the EquIpnsent lathe Fair Market Value as determined by us. 2.Renew the Lease per paragraph 1(on Agreement). 3.Return Equipment as provided in Paragraph 6(on Agreement). THIS SCHEDULE INCORPORATES ALL OF THE TERMS AND CONDITIONS OF THE MASTER PREMIER ADVANTAGE AGREEMENT IDENTIFIED ABOVE. LESSOR ACCEPTANCE Konica Minolta Premier Finance ._2'A ) 'P LESSOR A' ORIZED iziammos Tfr DA • CUSTOMER ACCEPTANCE CITY OF ELGIN if 1 5/27/2015 FULL LEGAL NAME OF CUSTOMER(as referenced above) AUTH.-r D SIGNER DATED 36-6005862 SEAN STEGALL CITY MANAGER FEDERAL TAX I.D.6 PRINT NAME TITLE KMPF0008—US 6/1012013 EXHIBIT C S00225750 pm ,^,y I<ONICA MINOLTA Maintenance Agreement Customer Information Sold to Acct a: nnnnFFAARn Payer/Bill to Acct a: nnnlff,AAg4r1 Ship to Acct it Name: CITY OF ELGIN Name: CITY OF ELGIN NiR1e: MULTIPLE SHIP TO LOCATIONS Attn/Dept:DAINA DENYE Attn/Dept:DAINA DENYE Attn/Dept: Ste/Rm: Ste/Pm: Ste/Rm: Address. 150 DEXTER CT Address: 150 DEXTER CT Address: City• ELGIN City: ELGIN Cty: State: IL Zip: 60120 State: IL Zip: 60120 State; Zip: Tax Exempt Customer? ❑Yes g No Tax Exemption Number: E9996-0771-06 Tax Exemption Certificate must be attached when applicable. PO Required? ❑Yes El No PD Number: PO Expiration Date: PD must be attached when applicable. ❑Individual PO 0 Blanket PO PO Contact: Email: Ph: Fleet Manager? ®Yes ❑No Name: DAINA DENYE Email: Ph:847 931 6604 Coverage j Billing Options Coverage Options: MEP Select Options: Select Options: ID Supply inclusive ED Staples Included ❑Toner(B ly) INDecline After Hours Service•Requires After Hours Agreement ❑20rb Bond R a p Decline Digital Connected Support, ❑Decline Digital ed Support. •Digital Connect Support will be added automatically billed at 512.00 per serial number mo y,u declined above. Baling Options: MFP Wide Format Initial Term in Months: ®36 ❑48 ❑60 ❑ Other ❑36 ❑45 ❑60 ❑ Other - Flat Rate Frequency: 0 Monthly IN Quarterly ❑Annually []Monthly Meter Frequency: ❑Monthly le Quarterly ❑Annually ❑Monthly Aggregate Volume: ❑g/yy ❑Color All Deuipes Effective Date: ®On Install ❑Date: sifting Day: ®Selected by KMBS ❑Preened Day 129th,30th,and 31st are not an available selection) Internal Use Maintenance Pricing MAC: MFP Monthly Minimum Monthly Flat Rate$ Cost Per Copy Rah$ Volume Item Model Description Serial Number Type Vole Start Meter SubFleet PrioePlen t 'Color - - . BIZHUB 224E B/W 0 S 0.00 0.00590 Color 1 812HU8 454E B/W 0 $ 0.00 0.00590 1 Color BIZHUB 554E B/W 0 $ 0.00, 0.00590 ®Additional Equipment on Schedule B Wide Format Monthly Minimum Item Model Descripgon Serial Number Type Volume Monthly Nat Rate$ Cost Per Square Foot• Ype (Sq.Feet) Rates Start Meter .Sub Fleet _Pria:Fian , t /Wr 0 Additional Equipment on Schedule C Continents Customer's signature below acknowledges receipt and consent to KMBS Standard Maintenance Terms and•Conditions"Schedule As'dated 09/01/2014.Not bind _g on KMBS until signed by'LIMBS Manager. Customer Name: City of Elgin KMBS Representative: I�� *� Fr�. Elgin Mrs /. Customer T ie: /t Mana: ,4- KM85 Manager Name: �`,� ✓� !�/�` Custorrv!r Signature: /�/ Darr: 5/2 7/15 KMBS Manager 5gnature; Date: 4'1 •Vi'a7;W.Y T_. lIl/ For internal Use Maintenance: ❑with Equipment Order ❑Maintenance.Only Q.BlledbyeMBS •D BYledty iris.COmpany - ❑Dealerservlced Sales Rap Number *Sales Rep team. - - Sales Rep Entail Address Sales;Dbtrict Originating: 9244593 IANTONEUTE TOBIN ATOBINCI(MBS.KONICAMINOLTA.US Order Taking: 9244593 IANTONETTE TOBIN ATOBIN@KMBS.KONICAMINOLTA.US Processed servicing: 9244593 r`ANTONETTE TOBIN ATOBINGKMBS.KONICAMINOLTP.US g Branch ❑.Windsor KONICA MINOLTA BUSINESS SOLUTIONS USA.INC.IN Weems MN*Ramsey,NJ 05446 10141$.000 wwer.aaeaigaanaroaa,as Fpm:W11400114 EXHIBIT C $00225750 aKONICA MINOLTA 01/12/15 02:17 pm Additional Equipment-Schedule B Internal Use MA I: MVP Monthly Minimum• Item Model Description Serial Number Type Volume Monthly Flat Rate$ Cost Per Copy Rate$ Stan.Meter Sub Fleet Prior Plan 0 - 5 0.00 ' 0.04000 1 8IZHU8 C654E 81W 0 $ 0.00 0,00600 Color 2 BIZHUB 289E B/W 0 $ 0.00 0.00590 ' Color BIZHUB 364E B/W 0 $ 0.00 0.00590 _ Color T. 4 BIZHUB 229E B/W 0 $ 0.00 0.00590 _ IAZJ%Ui�`� Color 0 a0 5 B s Color 1 a 8/W ' Color ' Color _ - - .. B BM' Color 9 B/W Color JO B/W t Color 11 B/W Color ` • . 12 8/W _ . Cola . r ow Color 14 B/W 'Color 15 B/W Color 76 �B/W' - • Color 17 '8/W - - Color' ._. . ... 18 8/W ..- , r Color 19 B/W h Color 20 8NV t • Cola 21 8/W Color 22 L B/W Color _.. 23 B/W Color 24 B/W Color 25 B/W Color . 26 B/W • . Color . 27 B/W Color 28 8/W Cola 29 - _. B/W Color _ 30 B/W Customer Initials: -53 `_5,Form: 10118-090114•C