11-210 Resolution No. 11-2 10
RESOLUTION
AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT
TO MASTER PREMIER LEASE AGREEMENT
WITH KONICA MINOLTA PREMIER FINANCE
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 a First
Amendment Agreement to Master Premier Lease Agreement on behalf of the City of Elgin with
Konica Minolta Premier Finance for the leasing of various equipment, a copy of which is attached
hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 21, 2011
Adopted: December 21, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
FIRST AMENDMENT AGREEMENT TO
MASTER PREMIER LEASE AGREEMENT
This First Amendment Agreement ("First Amendment Agreement") is hereby made and
entered into this 21st day of December , 2011, by and between the City of Elgin, Illinois, a
municipal corporation (hereinafter referred to as the "City") and Konica Minolta Premier
Finance, a program of Konica Minolta Business Solutions USA, Inc. (hereinafter referred to as
"Konica").
WHEREAS, the parties hereto have previously entered into a Master Premier Lease
Agreement dated October 13, 2010, under Application No. 932696 for the leasing of various
equipment from Konica to the City, a copy of which is attached hereto and made a part hereof as
Exhibit A (hereinafter referred to as "Original Agreement"); and
WHEREAS, the parties hereto have each determined it to be in their best interests to
amend the Original Agreement so as to add an additional Master Premier Lease Schedule to
provide for the leasing of additional equipment by the City from Konica, such additional Master
Premier Lease Schedule being attached hereto and made a part hereof as Exhibit B (hereinafter
referred to as"Additional Lease Schedule").
NOW, THEREFORE, in consideration of the mutual promises and covenants provided
for herein, the sufficiency of which is mutually acknowledged, the parties hereto hereby agree as
follows:
1. The above recitals are incorporated into and made a part of this Agreement as if
fully recited herein.
2. The Original Agreement is hereby amended as provided by the Additional Lease
Schedule pursuant to the terms and conditions provided for by said Additional
Lease Schedule; provided, however, that such terms and conditions of the
Additional Lease Schedule shall only apply to the leasing of the equipment
identified thereby, and not to any equipment currently leased by the City from
Konica pursuant to the Original Agreement. The terms of the Original Agreement
shall continue in full force and effect as to the equipment identified in the Original
Agreement.
3. In the event of any conflict between the terms and provisions of the Original
Agreement and the Additional Lease Schedule, the terms and provisions of the
Additional Lease Schedule shall control as to the goods identified by the
Additional Lease Schedule. In the event there is no such conflict, the terms and
provisions of the Original Agreement shall apply to the Additional Lease
Schedule.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date
first written above.
KONICA MINO TA R FINANCE
By: '
Name/Print:
Title:
CITY OF EL
By:
R. Stegall, City Mqfter
Mlegal deptlagreemenhkonica minolta first amendment agreement.docx
.(Page 14 of 92)
EXHIBIT A
Master Premier APPLICATION NUMBER AGREEMENT NUMBER
KONICA MINOLTA Lease Agreement
This tAasier Premier Lease Agreement(Agreement")b 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 Fkrsnce,a program of Konks Mhwlts Business Solutions U.S.A.,Inc.(Supplier)
•
FULL LEGAL NAME STREET ADDRESS
City of Elgin 150 Dexter Court
C"Y STATE ZIP PHONE FAX
Elgin IL 60120 (847)931-5804 (847)031-6689
SLUNG NAME(IF DIFFERENT FROM AWYE) 111LLNG STREET ADDRESS
CITY STATE ZIP E-MAIL -
denye_d 0cityofelg In.or9
EQUIPMENT LOCATION(F DIFFERENT FROM AWVET
see attachment
Konica Mlnolgt Business Solutions agrees to malntain the Equipment In good operating condition providing t°
necessary mointenartee service and parts for routine repairs. If our Servile Representative Is unable to
repair the equipment covered under a Konica Minolta Business Solutions Service Agreement and this
guaranies,we shall provide,at no charge,on equivalent replacement.
1.LEASE AGREEMENT:You pros to lease from us the personal property as ideraSed In schedules to this Mater Premier Lease Agregnent from time to 1mer signed by you sad ve
(etch property and any upgrades,repacwnsms,repairs and adlfleons releured to as"Equlpment7 for business purposes only. Each Soo"Is a separate asagnsds lease. You
spree to at of the terms and conditions contained In this Agre~,any schedule or supplement which together at*a Complete statement of our Agreememl regarding The Bled
Equlpmetro('Agreement')and supsrsedes any purchase order or ouatandnp invoice. This Agreement may be modified only by wAten Agreement and not by count of performance.
This Agreement becomes vaad upon execution by or torus. To provides willorm billing cycle,the 180ft Oats'of this Agreernera was boon to twenty 9th(25th)day al tin monif.
You agree 10 pay a prorated amount of 1rd01h of the 01011#4 payment times the number of days between to hstatation date and the Bung Daa, This Agreenhsrl will evowe from
the Billing Date(or the Term skid"and will be ettanded aaromsdcaly for succenWe one(1)month Tome unless you(a)send us written notice,between ninety(90)days and one
hundred My(160)days before the and of any Tenn,of your decision to return or purchta-The Equipmenl or renew this Lease or(b)you do rot purchase or return The Equipment as
specified in your notice,within!0 days shot the end of The term. Leases with$1.00 purchase options was not be renewed. THE BASE RENTAL PAYMENT SHALL BE ADJUSTED
PROPORTIONATELY UPWARD OR DOWNWARD,IF THE ACTUAL COST OF THE EOUIPMENT EXCEEDS OR IS LESS THAN THE ESTIMATE PROVIDED TO LESSEE.. t any
provision of this Agnasmairt Is declared unenforceable in any)urilit am the otter provisions harsh"I remain In full force and affect in that jurisdiction and all others. You authorize
us to insert or correct missing information on this sae Including your proper legal rams,serial numbers,other numbers dmilling The Equipment and other orni ted Tactual matter.
You agree to provide updated annual ands quanedy Bnancial statements to us upon request.
2.RENT: Rent will be payable M Installments,Mchh in the amount of the Monthly Payment(or other periodic psymeng shown in the schsduls.plus any applicable sales,use and
properly tax. If we pay any tax on your behalf,you some to naimtnaa us pro"along with a ptoossaing fee. You will pay the security deposit on the time you sign this Agreement.
Subsequent ImMilmeMs will be payable on the first day of sack rental poyaTeM period show belikning after the first rental papnent period or as otherwise agreed. We will have the
right to apply A sums teeehred from you to any amounts dus and owed to us under the tams of phis Agmerttent Your al ligatlon to matte all M*W*Payment(or other periodic
psymers)hereunder Is absolute end unconrAdonal and you carrot withhold or oMast against arty Monthly Payment(a other parbdc payr was A)for any reason
3.COMPUTER SOFTWARE:Not withstanding any other Tema and comitione of Ibis Agreement.you agree that as p software only:a)We have rot had,do not hare,nor will taus
arhy"a to such aolfware,b)You have executed or will execute a saparste software license Agreement and we ore not a party to and have no respo sgrb'es whatsoever in regards to
such license Agreement.c)You have selected such software and as per Agreemen paragraph S WE MAKE NO WARRANTIES OF MERCHANTABILITY,DATA ACCURACY,
SYSTEM INTEGRATION OR FITNESS FOR USE AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR THE FUNCTION OR DEFECTIVE NATURE OF SUCH SOFTWARE,
SYSTEMS INTEGRATION,OR OTHERWISE IN REGARDS TO SUCH SOFTWARE. CUSTOMERS LEASE PAYMENTS AND OTHER OBLIGATIONS UNDER THIS LEASE
AGREEMENT SHALL N 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.
laailirw ed on back)
THIS IS A NONCANCELABLE Ir IRREVOCABLE AGREEMENT:THIS AGREEMENT CANNOT BE CANCELED OR TERMINATED.
4113 0 Konica Minolta Premier Finance e t Ai* f--
ATE LESSOR TITLE
ACCEPTANCE
10/13/10 City of Elgin L, City Manager
DATED OUST,OMER SIGNAT E TITLE
36-6005662 Sean R. Stegall
FEDERAL TAX I.D.a PRINT NAME
See reverse side for additional temps and conditions
L�`
(Page 16' 'of 92)
4.OWNERSHIP OF EOUIPMENT:We are the Lessor M the Equipment and have sole title(unless you have a$1.00 purchase option)to the Equipment(excluding Software). You
agree to keep the Equipment free and dear of all Bens and calms.
6.WARRANTY DISCLAIMER:WE MAKE NO WARRANTY EXPRESS OR IMPLIED,INCLUDING THAT THE EQUIPMENT IS FIT FOR A PARTICULAR PURPOSE OR THAT THE
EQUIPMENT IS MERCHANTABLE. YOU AGREE THAT YOU HAVE SELECTED EACH ITEM OF EQUIPMENT BASED UPON YOUR OWN JUDGMENT AND DISCLAIM ANY
RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BY US.
'e.LOCATION OF EQUIPMENT:You will keep and use She Equipment only at your address shown above and you agree not to nave it unless we agree to It. At the end d the
Agreement's term,if you do not purchase the Equipment you will return the Eq*ment to a location we spadfy at your expense,in retail resaleable condition(normal wear and Isar
acceptable),lug working order,and In complete repair.
7.LOSS OR DAMAGE:You are nraponslble for the risk of lose or for any destruction of or damage to Ohs Equipment. No such toss or damage nalleves you from Sa payment
Obligations under the Agreement. You agree to promptly notify us In writing of any less or damage and you will then pay to us the present value of the flat of all unpefd Monthly
Payments(or other periodic psy ems shown)for the full Agreement tam plus roe estimated fair market value of the Equipment of the end of the originally Scheduled So m.'ai
discounted at six percent f5%)per year. Any procee le of Insurance will be paid to us and credited,at our option,ageing any lass or damage. You suthotze of to flan on your behalf
and appoint us as your anomey in fan to execros In your nom any Insurance draft or sheds Issued due to bss or damage to the Equipment.
&COLLATERAL PROTECTION AND INSURANCE: You are responsible for Installing and keeping the Equipment in good working order.Except for ordinary twat and war,you are
responsible for protecting are Egeripmern from damage and loss of any kind N the Equipment Is damaged or lost,you agree to continue to pay the smornus due and to become due
hertnmder without sew#or defense.During the term of this Agnesmarrt,you agree to you will(1)Insure the equipment against ati loss or damage naming us as loss payer,(2)
obtain iabary and third parry property damage insurance naming us as an additional Insured:snd(3)diver satisfactory evidence of such coverage with centers, pdkry fortis and
mounts acceptable to us.AA pofides mual provide that we be given thirty(30)days written notice of any mantel change or cancellation.If you do not provide evidence of ao epteble
inanana,we have the right,but no obligation.(a)to Obtain insurance toveft our interest(and only our interest)in go Equipment for the esse form,and renewals.Any lnaeance
we obtain will not insure you against third party or iability Balms and nay be anhoull by us at arty time.In that event you will be required b pay us an additional amount each month
for the insurance premium and an administrative tea.The cat may be more than On cost of obtaining your own Iaurance.You agree that we,or one of cur affill des,may make a
pmOt M connection with The Insurance we obtela You agree b cooperate with us,our insurer and our agent in to placement of coverage and with claims or,(b)we may waive the
Insurance risclu nement and Barge you a monthly property damage Surcharge In the amount 01.0035 of the erigthal equipmeel cast o oover our Credit risk,admin st all ve costs and
other cats aid on which we may make a profit.N you Ister provide evidence port you have obtained acceptable insurance.we will cancel the Insurance we obtained orcesse charging
the surcarga.
e.INDEMNITY: We are not responsible for any loss or injuries caused by the Installation or use of the Equipment.You agree to hold us harness and mimbune us for kiss and to
defend us against any claim for bases or lujuxy caused by the Equipment.
10.TAXES AND FEES: You agree to pay when Invoked all taxes(inducting personal property tax,inns and penelSes)and teas nulling to Oft AOresmarA or the Equipment You
agree b(a)reimburse us for all personal property taxes which we are required to pay as Owner of the Equipment or to remit b us each month our eatltate of to monthly oq"lert
of the annual propary axes to be assessed. N you do not have a$1.0D purchase opt ion,we will flu sit peaaud property.use or other tax mums and you agree b pay us■
ptocessing fee for making such tangs. You agree to pay us up to$75.00 on the date the Uef payment is due as an olradon ire. We reserve she right b Barge a tae upon
termination of this Agreement either by trade-up,buyout or default.Any fee charged under this Agreement may include a ptdR and is subject to vocable taxes.
11.ASSIGNMENT.YOU HAVE NO RIGHT TO SELL,TRANSFER,ASSIGN OR SUBLEASE THE EQUIPMENT OR THIS AGREEMENT. We may sell,assign,or frarlomr this
Agreement and/or the Equipmsm without notice. You agree that N we seer,assign.or trander this Agreemenl andror the Equipment,the new lessor will have the some right and
benefits That we have now and will not have 10 perform any at our obligatos. You agree that the rights of the new Lessor will not be zub)sct to any cklms,defenses,or SO ifs that
you may have agaknt we whether or not you are notified of such assignment
12.DEFAULT AND REMEDIES.S you do not pay any lease payment or otter sum duo to us or other party when rune or If you break any of your promises In the Agreement or any
other Agreement with us,you wR be it default. I any par of a paymeal Is more than 3 days late,you agree to pay a late charge at 109E of the payment which is lass or N ins,the
maximum charge allowed bylaw. N you are aver In default,we may do anyone or all of the following(a)Instruct Supplier to withhold servim pants and supplies and if or void Ohs
Customer Confidence Guaranty,(b)retain your securiy deposit;(c)terminate or cancel this Agreement and require that you pay(1)the accelo egad unpaid balantce of this Agreemsm
(decounted at 4%):(2)the amount at any purchim Opf*n and N none Is Specified.20%of the original Equgxnarht cat which represent our anticipated ves"value in the
Equipment(3)and ream the Equipment to us to a Wagon designated by us.We may mcovor interest on any unpaid balance at the rage of 89f per annum.We may also use any of
the remedies available to us under Article 2A of the Wfam Commercial Code as onaeted M Ohs State of Lessor orb Assignee or any other law. You agree o pay our reasonable
COW of collection and enforcement,kududirg but not limited to aaornays fees and actual court COW relating to any dam arising under INS Agreement Including,but not gaited to,
any bgel seaon or referral for c0scilon. ti we have b take possession of as Equipment you agree to pay to cat of rspaeesskm.The nog proceeds of Ohs sale of any repossessed
EOWA rA wii be ctedtad 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 Ida Agreement does not prevent us from enforcing any right at A War time.AN of
our right are cumulative.It is hither agreed that your rights and remedies are governed exclusively by Nis Agreement and you waive lessee's rights under Artiste 2A(608.522)of the
UCC.
13.UCC FILINGS:You grant us a security interest In the Equipment N this Agreement is deemed a Secured transaction and you authorize us to word a UCCA financing ala ismerd or
similar instrument in order to stow our interest in the Equipment,
14.SECURITY DEPOSIT:The Security deposit is rhon-Merest bearing and is to sears your performance under this Agreement. Any Security deposit made may be applied by us to
satisfy cry SmOM owed by you,in which erverY you W N prorrgnty restore the security deposit to his full amount as set forth above. S all conditions herein are fully compiled with and
provMed you have not over bear:in default of this Agreement per paragraph 12,the somelty depak will be refunded to you after the return of the squlpmem In accordance with
pategrePh&
15.CONSENT TO LAW,JURISDICTION,AND VENUE:This Agreement shall be doomed fully executed and performed in the estate of Lessor or Its Assignee's pdnopal place Of
business and shall be grimed by and construed in accordance with its laws, N the Lector orb Assignee shall brig any jucklal proceeding in relation to any water arising under
the Agreement the Customer irrevocably agrees that any such manor may be adudged or determined in any coon or coups In the state of the Lessor or Is Assigneeb principal place
of business,or to any court or courts in Cuslem-es Slate of residence,or In any rather court having jwkdeaon over true Customer or assets of the Customer,all at the So*slecton of
ft Lessor. The Customer hereby irrevocably submits generally and uncondrionally to the judsdkton of any such coon so elected by Lessor In rotation to such matters.You waive
Mat by jury in any action between us.
16.LESSEE GUARANTY:You agree o submit the original of the Agreement documents with the Securiy,deposit to the Lessor vfe overnight courier the same day of the facaimile or
eledronk mail Mwnission of Ire signed lease dochxnsm. Should we fail to receive mere originals,you agree to bound by the rased or electronically waled copy of fht4 Agreement
with appropriate signalums on both sides of the document. Lessee waives the right to challenge in court the authenticity of a taxed or electronically mailed signed copy of this
Agreement and the faxed or electronically mailed copy containing your taxed or scanned signature and our original signature shall be considered the sole original for ell purposes,
inckding without inntteGOn,any enforcement action underporegraph 12.
24710.10/0212008
C�\
ADDENDUM TO MASTER PREMIER LEASE AGREEMENT AND NON-APPROPRIATION ADDENDUM
This Addendum to Premier Lease Agreement and Non-Appropriation Addendum forms and is made a part of that
certain Premier Lease Agreement ("Agreement") and that certain Non-Appropriation Addendum ("Non-
Appropriation") both the Agreement and the Rider between Konica Minolta Premier Finance and City of Elgin
executed by City of Elgin on October 13, 2010. Capitalized terms used herein but not defined herein will have
the same meaning given to them in the Agreement and the Non-Appropriation.
With regards to Section(s)of the Agreement:
1. LEASE AGREEMENT:
• The fifth(5`h)sentence is amended to read: "The Agreement becomes effective upon execution by both
parties hereto."
• In the eighth(8`h)sentence,subsection(a)is amended to read:"send us written notice,between thirty(30)
days and ninety(90)days before the end of any term,of your decision to return or purchase the Equipment
or renew this Lease,"
• The tenth(10h)sentence,which is all capitalized,is deleted.
6. LOCATION OF EQUIPMENT:
• The second(2"d)sentence is amended to read: "At the end of the Agreement's term,if you'do not purchase
the Equipment,you will make the Equipment available for pickup by your Supplier who will return the
Equipment to us. You understand and agree that the Equipment must be in good condition and repair,
normal wear and tear excepted,when returned to us."
7. LOSS OR DAMAGE:
• The first(15t)�entence is amended to read:"From the time the Equipment is installed at your location and
fully accepted by you,you are responsible for the risk of loss or for any destruction of or damage to the
Equipment."
S. COLLATERAL PROTECTION AND INSURANCE:
• The section is deleted and amended to read: "You are responsible for having the Equipment installed and for
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,and upon our request,you agree to provide us
with evidence of your insurance coverage for the Equipment,listing us as loss-payee for the Equipment."
9. INDEMNITY:
• The section is amended to read: "We are not responsible for any loss or injuries caused by the installation or
use of the Equipment,and you agree to hold us harmless therefore."
10. TAXES AND FEES:
• The section is amended to read: "You agree to provide us with evidence of your tax exempt status,and you
agree to pay us up to seventy-five dollars($75.00)on the date the first payment is due,as an origination
fee."
12. DEFAULT AND REMEDIES:
• In the second(2"d)sentence,the numbers"3"and"10%"respectively,are deleted and replaced with the
numbers"15"and"6%"respectively".
• The third to the last,penultimate and final sentences are deleted and replaced as follows:"Any delay or
failure to enforce any rights by either party arising out of or pursuant to this Agreement shall not constitute,
and shall not be construed as,a waiver of any such rights. You specifically retain any and all rights pursuant
to 810 ILCS 5/2A-(508-522). Any and all other rights and/or remedies for the parties hereto shall be
governed exclusively by this Agreement. All remedies are cumulative."
14. SECURITY DEPOSIT:
• This section is deleted and replaced with"14. INTENTIONALLY DELETED".
15. CONSENT TO LAW,JURISDICTION,AND VENUE:
• The section is amended to read: "This Agreement shall be.subject to and governed by the laws of the State
of Illinois. Venue for the resolution of any dispute or the enforcement of any rights arising out of or in
connection with this Agreement shall be in the Circuit Court of Kane County,Illinois."
R:\L.egal\Addendum-Amendment\City of Elgin adders 9-21-10.doc
16. LESSEE GUARANTY:
• The section is deleted and replaced with"16. INTENTIONALLY DELETED".
THE FOLLOWING NEW SECTIONS 17.AND 18.ARE ADDED TO THE AGREEMENT:
"17. SEVERABILITY: The terms of this Agreement shall be severable. In the event any of the terms or the
provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason,the
remainder of this Agreement shall remain in full force and effect."
• "18. NO AGENCY: This Agreement shall not be construed so as to create a joint venture,partnership,
employment or other agency relationship between the parties hereto,except to the extent specifically
provided for herein."
With regards to Section(s)of the Non-Appropriation:
C. NON-APPROPRIATION:
• In section 4.,subsection(a)is amended to read: "you have given Lessor written notice of the occurrence of
paragraph C-1 above no later than thirty(30)days prior to the end of your current fiscal year"
• The following is added as an additional section S. "Except for your responsibility to pay Lessor through the
end of your then current fiscal year,you shall not be liable to Lessor for any additional monetary damages."
All other terms and conditions of the Agreement and the Non-Appropriation shall remain unchanged and in full force
and effect. All handwritten,typed or"red-lined"additions and/or deletions on the Agreement or the Non-
Appropriation are null and void and of no force or effect. The changes contained in this Addendum shall apply to only
the Agreement and the Non-Appropriation 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 Agreement and
Non-A11t Addendum on_ October 13 .2010.
Konica ier Fi nce City ACity
By: By:
Stegal
Title: Titlenager
R:\Lega]\Addendum-Aiendment\City o:Elgin adden 9-21-10.doc
Master Premier APPLICATION NO. AGREEMENT NO. SCHEDULE NO.
KONICA MINOLTA
Lease Schedule 1019770 932696
LESSEE BILL- TO INFORMA TION(Separate lease schedules must be completed for each billing location.)COMPANY 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 FEDERAL TAX I.D.NUMBER
847-931-5604
TION LOCA •
LESSEE LEGAL NAME DEPARTMENT NAME
City of Elgin Fire Station#7
STREET ADDRESS/P.O.BOX BLDG/FLOOR/ROOM/SUITE
3270 Longcommon Parkway
CITY STATE ZIP CONTACT NAME
Elgin IL 60124
PHONE NUMBER FAX NUMBER
ITEM DESCRIPTION
MAKEIMODEL/ACCESSORIES SERIAL NUMBER LEASE PAYMENT
bizhub 223 copier/printer/scanner 98.41
TOTAL LEASE PAYMENT$
TERM AND PA YMENT SCHEDULE(All payments are exclusive of sales and use tax)
SALES/USE TAX EXEMPT TERM
❑NO ®YES (Attach Tax Exemption Certificate) ❑ 12 Month ❑24 Month ®36 Month ❑48 Month ❑60 Month ❑Other:
MINIMUM PAYMENT DUE ADVANCE PAYMENT METER READING FREQUENCY
❑Monthly ❑Other: 0.00 ❑Monthly ®Quarterly ❑Other
BILLING PREFERENCE
Supplemental Equipment Schedule attached ❑Each unit invoiced separately ®All units on one invoice. ❑All units added to current invoice.
(include all billing locations on Information Schedule) 'Includes all Supplies except for Paper and Staples
THIS SCHEDULE INCORPORATES ALL OF THE TERMS AND CONDITIONS OF THE MASTER PREMIER LEASE AGREEMENT IDENTIFIED ABOVE.
LESSOR 12-21-11 Konica Minolta Premier Finance
DATED LESSOR rGNATURPL t PRINT NA
LESSEE ACCEPTANCE
12-21-11 City of Elgin X 4-1111" � na er Sean R. Stegall
DATED FULL LEGAL NAME SIG E/I I PRINT NAME
24711 -09109/2008
Exhibit B
Master Premier APPLICATION NO. AGREEMENT NO. SCHEDULE NO.
KONICA MINOLTA
Lease Schedule 1019770 932696
LESSEE BILL- TO . -
LEGAL COMPANY 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 FEDERAL TAX I.D.NUMBER
847-931-5604
LESSEE INS TA LLA TION L OCA TION
LESSEE LEGAL NAME DEPARTMENT NAME
City of Elgin Water( Riverside)
STREET ADDRESS/P.O.BOX BLDG/FLOOR/ROOM/SUITE
375 W. River Road
CITY STATE ZIP CONTACT NAME
Elgin IL 60120
PHONE NUMBER FAX NUMBER
ITEM DESCRIPTION
MAKEIMODELIACCESSORIES SERIAL NUMBER LEASE PAYMENT
bizhub 223 copier/printer/scanner 98.41
TOTAL LEASE PAYMENT$
SCHEDULE TERM AND PA YMENT
SALES/USE TAX EXEMPT TERM
❑NO ®YES (Attach Tax Exemption Certificate) ❑ 12 Month ❑24 Month ®36 Month ❑48 Month ❑60 Month ❑Other:
MINIMUM PAYMENT DUE ADVANCE PAYMENT METER READING FREQUENCY
❑Monthly ❑Other: 0.00 ❑Monthly ®Quarterly ❑Other
BILLING PREFERENCE
Supplemental Equipment Schedule attached
❑Each unit invoiced separately All units on one invoice. ❑All units added to current invoice.
(include all billing locations on Information Schedule) Includes all Supplies except for Paper and Staples
THIS SCHEDULE INCORPORATES ALL OF THE TERMS AND CONDITIONS OF THE MASTER PREMIER LEASE AGREEMENT IDENTIFIED ABOVE.
LESSOR ACCEPTANCE
12-21-11 Konica Minolta Premier Finance
DATED LESSOR S NATURE PRINT NAME
LESSEE ACCEPTANCE
12-21-11 City of Elgin . a er Sean R. Stegall
DATED FULL LEGAL NAME SI A E rTITLE PRINT NAME
24711 -09/09/2008
Master Premier APPLICATION NO. AGREEMENT NO. SCHEDULE NO.
KONICA MINOLTA
Lease Schedule 1019770 932696
LESSEE BILL- • INFORMATION
LEGAL COMPANY 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 FEDERAL TAX I.D.NUMBER
847-931-5604
LESSEE INS TA LLA TION L OCA TION
LESSEE LEGAL NAME DEPARTMENT NAME
City of Elgin Public Works
STREET ADDRESS/P.O.BOX BLDG/FLOOR/ROOM/SUITE
1900 Holmes Road
CITY STATE ZIP CONTACT NAME
Elgin IL 60121
PHONE NUMBER FAX NUMBER
ITEM DESCRIPTION
MAKEIMODELIACCESSORIES SERIAL NUMBER LEASE PAYMENT
bizhub 652 copier/printer/scanner 190.88
TOTAL LEASE PAYMENT$
TERM AND PA YMENT SCHEDULE(All payments are exclusive of sales and use tax)
SALES/USE TAX EXEMPT TERM
❑NO ®YES (Attach Tax Exemption Certificate) ❑ 12 Month ❑24 Month ®36 Month ❑48 Month ❑60 Month ❑Other:
MINIMUM PAYMENT DUE ADVANCE PAYMENT METER READING FREQUENCY
❑Monthly ❑Other: 0.00 ❑Monthly ®Quarterly ❑Other
BILLING PREFERENCE
Supplemental Equipment Schedule attached ❑Each unit invoiced separately ®All units on one invoice. ❑All units added to current invoice.
(include all billing locations on Information Schedule) 'Includes all Supplies except for Paper and Stapes
THIS SCHEDULE INCORPORATES ALL OF THE TERMS AND CONDITIONS OF THE MASTER PREMIER LEASE AGREEMENT IDENTIFIED ABOVE.
LESSOR ACCEPTANCE
12-21-11 Konica Minolta Premier Financew ��
DATED LESSOR SIGNATURE PRINT NAME
LESSEE ACCEPTANCE
12-21-11 City of Elgin X a er Sean R. Stegall
DATED FULL LEGAL NAME SIGNATPE/ ITLE PRINT NAME
24711 -09/09/2008
Master Premier APPLICATION NO. AGREEMENT NO. SCHEDULE NO.
KONICA MINOLTA
Lease Schedule 1019770 932696
INFORMATION LESSEE BILL- TO
LEGAL COMPANY 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 FEDERAL TAX I.D.NUMBER
847-931-5604
LOCA TION
LESSEE LEGAL NAME DEPARTMENT NAME
City of Elgin Police Investigations
STREET ADDRESS/P.O.BOX BLDG/FLOOR/ROOM/SUITE
151 Douglas Avenue
CITY STATE ZIP CONTACT NAME
Elgin IL 60120
PHONE NUMBER FAX NUMBER
ITEM DESCRIPTION
MAKEIMODELIACCESSORIES SERIAL NUMBER LEASE PAYMENT
bizhub 552 copier/printer/scanner 150.11
TOTAL LEASE PAYMENT$
TERM AND PA YMENT SCHEDULE(All payments are exclusive of sales and use tax)
SALES/USE TAX EXEMPT TERM
❑NO ®YES (Attach Tax Exemption Certificate) ❑ 12 Month ❑24 Month ®36 Month ❑48 Month ❑60 Month ❑Other:
MINIMUM PAYMENT DUE ADVANCE PAYMENT METER READING FREQUENCY
❑Monthly ❑Other: 0.00 ❑Monthly ®Quarterty ❑Other
BILLING PREFERENCE
Supplemental Equipment Schedule attached ❑ Each unit invoiced separately ®All units on one invoice. ❑All units added to current invoice.
(include all billing locations on InIonnation Schedule) •Indudes all Supplies except for Paper and Staples
THIS SCHEDULE INCORPORATES ALL OF THE TERMS AND CONDITIONS OF THE AASTER PREMIER LEASE AGREEMENT IDENTIFIED ABOVE.
LESSOR ACCEPTANCE
12-21-11 Konica Minolta Premier Finance
DATED LESSOR ,,-SIGNATURE- PRINT NAME
LESSEE ACCEPTANCE
12-21-11 City of Elgin X na er Sean R. Stegall
DATED FULL LEGAL NAME SIG AT / ITLE PRINT NAME
24711 -09/09/2008
Master Premier APPLICATION NO. AGREEMENT NO. SCHEDULE NO.
KONICN MINOLTA
Lease Schedule 1019770 932696
LESSEE BILL- TO . - TION(Separate lease schedules must be completed for each billing location.)
LEGAL COMPANY 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 FEDERAL TAX I.D.NUMBER
847-931-5604
INSTALLATION LESSEE • TION(Separate lease schedules must be completed for each billing location.)
LESSEE LEGAL NAME DEPARTMENT NAME
City of Elgin Central Services
STREET ADDRESS/P.O.BOX BLDG/FLOOR/ROOM/SUITE
150 Dexter Court Lower Level
CITY STATE ZIP CONTACT NAME
Elgin IL 60120
PHONE NUMBER FAX NUMBER
ITEM DESCRIPTION
MAKE/MODEUACCESSORIES SERIAL NUMBER LEASE PAYMENT
bizhub 950 copier/printer/scanner 397.45
TOTAL LEASE PAYMENT$
TERM AND PA YMENT SCHEDULE(All payments are exclusive of sales and use tax)
SALES/USE TAX EXEMPT TERM
❑NO ®YES (Attach Tax Exemption Certificate) ❑ 12 Month ❑24 Month 0 36 Month ❑48 Month ❑60 Month ❑Other:
MINIMUM PAYMENT DUE ADVANCE PAYMENT METER READING FREQUENCY
❑Monthly ❑Other: 0,00 ❑Monthly ®Quarterly ❑Other
BILLING PREFERENCE
Supplemental Equipment Schedule attached ❑Each unit invoiced separately ®All units on one invoice. ❑All units added to current invoice.
(include all billing locations on Information Schedule) 'Includes all Supplies except for Paper and Staples
THIS SCHEDULE INCORPORATES ALL OF THE TERMS AND CONDITIONS OF THE MASTER PREMIER LEASE AGREEMENT IDENTIFIED ABOVE.
LESSOR ACCEPTANCE
12-21-11 Konica Minolta Premier Finance - 4 Mh ^
DATED LESSOR SIGNATURE PRINT NAME
LESSEE ACCEPTANCE
12-21-11 City of Elgin X na er Sean R. Stegall
6 DATED FULL LEGAL NAME SIG U /TITLE PRINT NAME
24711 -09/09/2008
KONICA MINOLTA
NON-APPROPRIATION FORM
ADDENDUM TO Agreement No. 932696 between Konica Minolta Premiere Finance, Lessor
And City of Elgin
, Lessee
(Full Legal Name of Lessee)
21
Dated: December,/2011
FOR MUNICIPALITIES ONLY
A. CUSTOMER COVENANTS: You covenant and warrant that (1) it has, in accordance with the requirements of 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 failure 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 Agreement,this 21st day of December, 2011.
LESSOR ACCEPTANCE
12-21-11 Konica Minolta Premier Finance
DATED J'
LESSOR SIGNATURE ITL
E
CUSTOMER .1-1 v
of Elgin ^ - City Manager
DATED CUSTO ER
SIGN U TITLE
36-6005862 Sean R Stegall
FEDERAL TAX I.D.# PRINT NAME
24884-10/02/2008
ELGIN
THE CITY IN THE SUBURBS"
AGENDA ITEM: H
MEETING DATE: November 16, 2011
ITEM:
RFP 11-048, Lease of Contract with Konica Minolta Business Solutions for Five Multi-
Functional Devices
($42,073)
OBJECTIVE:
Undertake initiatives to reduce the city's cost of doing business.
RECOMMENDATION:
Award a contract to Konica Minolta Business Solutions for the lease of five black and white mul-
ti-functional devices in the amount of$42,073.
BACKGROUND
The copiers of today are no longer what they have been in the past. They are now multifunc-
tional devices (MFDs), which operate as a copier, fax machine, printer and scanner. They are
utilized across departments to expedite services, increase efficiencies, and represent an essen-
tial component of the city's efforts to create a sustainable records management program.
In an effort to further the goals of the ONE Elgin program, an interdepartmental selection
committee was formed. This committee was comprised of members from the following de-
partments and/or divisions: police, fire, central services, water and purchasing. The committee
was charged with researching current copier technology, drafting a request for proposal and
reviewing said proposals for a fleet of five MFDs located throughout the city.
It was determined that any MFD acquired would be through a three-year lease due to the fre-
quency of technology enhancements and the associated reductions in cost. By avoiding a long-
term commitment through a direct purchase, the city is in a position to take advantage of both.
The vendors were evaluated on ease of networking, past performance and pricing. Networking
allows the staff to create a document from any computer in the city and/or print to any MFD
and scanning reduces the city's reliance on paper.
LEGAL IMPACT
The request for proposal was posted on the city's website and published in the August 29, 2011
issue of the Courier News. Ten timely proposals were received and opened on September 8,
2011.
ALTERNATIVES
The city council may choose not to award a contract to Konica Minolta Business Solutions for
the lease of five black and white multi functional devices.
NEXT STEPS
1. Execute lease agreement.
2. Order the equipment.
3. installation of equipment by Konica Minolta.
Originators: Daina DeNye, Asst. Purchasing Officer
Final Review: Colleen Lavery, Chief Financial Officer
William A. Cogley, Corporation Counsel/Chief Development Officer
Richard G. Kozal, Assistant City Manager/Chief Operating Officer
Sean R. Stegall, City Manager
ATTACHMENTS
A: Tab Sheet for Equipment
3
Ilk
ELGIN
THE CITY IN THE SUBURBS-
DATE: January 9, 2012
TO: Daina DeNye, Purchasing Officer
FROM: Kimberly Dewis, City Clerk
SUBJECT: Resolution No. 11-210, Adopted at the December 21, 2011, Council Meeting
Enclosed you will find the agreement listed below. Please distribute this agreement to the other
party and keep a copy for your records if you wish. If you have any questions please feel free to
contact our office 847-931-5660 and we will do our best to assist you. Thank you.
• First Amendment Agreement to Master Premier Lease Agreement with Konica
Minolta Premier Finance