03-16-04 Item 17CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM
To: Honorable Mayor, Vice Mayor
and City Commission
r
From: Maria V. Davis '
City Manager
REQUEST
i
Date: March 10, 2004
Subject: Agenda Item #
Commission Meeting
03/16/04
Re: Multi Purpose Phase II Copier
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO
A 36 MONTH LEASE AGREEMENT WITH BARLOP BUSINESS SYSTEMS AND ITS
LEASING COMPANY FLEET CAPITAL LEASING, FOR A MULTIFUNCTIONAL
COLOR COPIER, PRINTER, SCANNER AND FAX MACHINE FOR THE
MULTIPURPOSE CENTER PHASE II IN AN AMOUNT OF $4,353.00 A YEAR FOR
THE NEXT THREE YEARS, INCLUDING A FULL SERVICE MAINTENANCE AND
TONER SUPPLY AGREEMENT FOR 5,000 BLACK AND WHITE COPIES AND 1,000
COLOR COPIES A MONTH; CHARGING THE DISBURSEMENTS TO ACCOUNT
NUMBER 001 - 2020 - 519.4710 TITLED "PHOTOCOPY MACHINE "; AND PROVIDING
FOR AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The newly opened Multi Purpose Center is currently in need of a copier, printer, scanner and a
fax machine. These have become essential tools in running an effective office on site.
It is difficult to predict the first year's volume for this newly built office due to lack of history.
However, we have been able to estimate the monthly copy needs as: black and white (5,000) and
color copies (1,000). Volume printing will continue at City Hall's large copier located outside of
Finance.
In accordance with the City's competitive bidding procedures, quotes were requested from other
vendors for comparable equipment. Barlop Business Systems, an authorized dealer for Savin,
provided the second lowest quote. The contract attached to the lowest bid was unacceptable due
to its one - sided, inflexible terms and conditions. Barlop Business Systems, our current vendor for
citywide copiers, has demonstrated their professionalism and excellent response time during the
past year.
The attached three -year lease contract will include a new digital color copier connected to the
network to be used as a printer, copier, fax and scanner. Among other features, the copier will be
able to keep track of usage by employees by the issuance of a security code to each user. A full
maintenance contract is also included in the cost, covering all repairs and toner. All black and
white copy overages in excess of 5,000 a month will be billed at $.01 a copy. Color copies will
be billed monthly "as used /per image" at $.0367 per copy. Please note that Kinko's current rate
for color copies is $.99 per copy or "image."
Monthly bill (including 5,000 B/W copies, Maint., toners): $326.00
Estimated usage of monthly color copies (1,000 X.0367): $ 36.70
$362.70 X 7 Mo.. $2,539.00
Funds for the first year are included in fiscal year 2003/2004's budget, under account 001 -2020-
519.47-10, Photocopy machine. The current Balance on the account for 2003/2004 before this
expense is $3,960.00.
RECOMMENDATION
Approval is recommended.
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
42
43
44
45
46
47
48
49
50
51
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A 36 MONTH LEASE AGREEMENT
WITH BARLOP BUSINESS SYSTEMS AND ITS LEASING COMPANY
FLEET CAPITAL LEASING, FOR A MULTIFUNCTIONAL COLOR
COPIER, PRINTER, SCANNER AND FAX MACHINE FOR THE
MULTIPURPOSE CENTER PHASE 1I IN AN AMOUNT OF $4,353.00 A
YEAR FOR THE NEXT THREE YEARS, INCLUDING A FULL
SERVICE MAINTENANCE AND TONER SUPPLY AGREEMENT FOR
5,000 BLACK AND WHITE COPIES AND 1,000 COLOR COPIES A
MONTH; CHARGING THE DISBURSEMENTS TO ACCOUNT
NUMBER 001- 2020 - 519.4710 TITLED "PHOTOCOPY MACHINE"; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Multipurpose Center phase II is a fully functional office in need of a
fax, copier, printer, and scanner; and
WHEREAS, quotes were requested in accordance with city competitive bidding
procedures; and
WHEREAS, Barlop Business Systems is an authorized dealer and distributor of Savin
copiers; and
WHEREAS, Barlop Business Systems' lease contract will provide emergency
maintenance calls, regular maintenance and all supplies except staples and paper during the term
of this lease; and
WHEREAS, all black and white copies over 5,000 a month will be billed at .01 a copy
and all color copies will be billed at .0367 a copy per image.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager is hereby authorized to:
A. Sign a 3 year lease agreement with Barlop Business Systems and the leasing company Fleet
Capital Leasing,
B. Disburse an annual amount of $3,912.00 for the next three years to the leasing Company,
Fleet Capital Leasing,
C. To disburse an annual amount of $ 440.40 for the next three years to Barlop Business
Systems, along with any black and white copy overages @ $.01 and color copy overages at
$.0367.
All future budgets will reflect the annual lease amounts.
Section 2. That this budgeted disbursement be charged to Account 2020- 519.4710
(Photocopy machine).
Section 3. This resolution shall take effect immediately upon approval.
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
PASSED AND ADOPTED this 16th day of March 2004.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY- ATTORNEY
Resolution /Copier contract for MPC 3/16/2004
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
MUNICIPAL LEASE AGREEMENT
page 1 of 2
LEASING
A Program of Fleet Capital Leasing — Global Vendor Finance
MAIL To: Administration Center, P.O. Box 7023, Troy, Michigan 48007 -7023 • FAX To: 800 - 436 -9579
Dear Customer: This Municipal Lease ( "Lease ") is written in simple and easy- to-read language. Please read this Lease thoroughly and feel free to ask us any ques-
tions you may have about it. The words YOU and YOUR refer to the Lessee. The words WE, US and OUR refer to the Lessor, Fleet Business Credit, LLC.
Fleet Capital Leasing — Global Vendor Finance is a unit of Fleet Business Credit, LLC.
Legal Name I Federal Tax ID #
Billing Contact Person I Phone Number of Billing Contact Person
Billing Address Address — City County state zip
Att• rpntral Services —_61' 0 Sunset Drive, So t�a_h Miami, Miami -Daide Florida 33143
Equipment Location Address City County State _ — zip —
!.'Ul I I i in 171 l fa 1-11 ®
Term (months) Security DepositlAdvance Payment (Check One Only) tease :no Purcnase upturn Lease IM I- Donny t,yue
FMV (defined in Section 1B) ❑ $1 sloe sect onml axes J; Monthly ❑ Quarterly
36 G Security Advance 32,( n� — Semi- Annual ❑ Annual
❑ Deposit(s) -0— ❑ Payment(s) —0— ❑other $ 45L�1 ❑
IMPORTANT: NEITHER THE SUPPLIER NOR ANY SALESPERSON ARE OUR AGENT. THEY HAVE NO AUTHORITY TO SPEAK ON OUR BEHALF OR MAKE ANY CHANGESTOTHIS LEASE, THEIR STATEMENTS WILL NOrAFFE(;TYOUR RIGHTS OR oBLIGATIONS UNDER
THIS LEASE.
1. LEASE AGREEMENT; PAYMENTS: We agree to lease to you and you agree N lease from us the equipment
3. RENEWAL: Unless the Lease End Purchase Option is $1.00, after the original Lease term expires this
listed above or identified in any attached Equipment Schedule ( "Equipment Schedule'), together with all replace-
Lease will automatically renew for successive one month terms unless (a) you send us written notice that
meats, parts. aftachments, accessories and substitutions therefor ("Equipment"). You promise to pay us the Lease
you do not want it to renew at least 60 days, but no more than 120 days, before the end of any term, or (b)
payments according to the terms of the Payment Schedule shown above or any Equipment Schedule hereto, plus
following renewal we terminate this Lease upon 60 days prior written notice to you.
all other charges (see Sections 4, 8,11,13, and 1g).
a. LATE CHARGES; OTHER CHARGES: The due date for your payments will be identified on your
2. GENERAL TERMS; PAYMENT ADJUSTMENTS; EFFECTIVENESS: You agree to all the terms and conditions
invoice. if any payment is not made when due, you agree to pay a late charge at the rate of 10% of such
on page 1 and 2 of this Lease. This Lease is a complete and exclusive statement of our agreement. The Equipment
late payment or $35, whichever is greater. You also agree to pay $25 for each returned check.
will not be used for personal, family or household purposes. If the cost of the Equipment varies from the estimate
5. EQUIPMENT OWNERSHIP; LOCATION: We are and shall remain the sole owner of the Equipment.
you or your supplier have provided to us, you agree that we may adjust the Lease payment accordingly upward or
You agree to keep the Equipment free from liens and encumbrances. You will keep the Equipment only at
downward up to 10 .. You acknowledge recut of a copy of this Lease and acknowledge that you have selected
the address shown on page 1 and you will not move it from that address unless you get our prior written
tie Equipment and reviewed the supply contract under which we will obtain the Equipment. THIS LEASE IS NOT
consent. The Equipment shall always remain personal property even though the Equipment may become
BINDING ON US AND WILL NOT COMMENCE UNTIL WE ACCEPT IT IN OUR OFFICES IN OAKLAND COUN-
attached or affixed to real property. N this Lease is determined not to be a true lease, you hereby grant us
TY, MICHIGAN. You authorize us to file UCC financing statements, and any amendments thereto, to show cur inter-
a security interest in the Equipment relating back to the date we purchased R.
est in the Equipment and any proceeds. You authodze us to insert or correct missing information on this Lease,
S. NO WARRANTEES: WE ARE LEASING THE EQUIPMENTTO YOU "AS IS," WITH NO WARRANTIES,
including contract number, your legal name, serial numbers, Equipment location, and any information describing the
EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PAR -
Equipment Any security deposit you have given us is non - interest bearing and may be used by us to cover any
TICULAR PURPOSE, DESIGN, CONDITION, OR THE QUALITY OF THE MATERIAL OR WORKMAN-
costs or losses we may suffer due to your default of this Lease. The security deposit is refundable upon expiration
SHIP. WE ARE NOT RESPONSIBLE FOR ANY REPAIRS OR SERVICE TO THE EQUIP€v2EITI OR ANY
of the Lease, provided all Lease terms and conditions have been performed. You agree that any Purchase Order
DEFECTS OR FAILURES IN OPERATION. We assign to you for the term, of this Lease any transferable
issued to us covering the Equipment, is issued for purposes of authorization and your internal use only, and none
manufacturer or supplier warranties. We are not liable to you for any breach of those warranties. You agree
of its terms and conditions shall modify this Agreement You agree to provide us your fnandal statements upon
that upon your acceptance of the Equipment, you wig have no set -offs or counter -claims against us.
request. Nothing in this Lease shall be construed to mean that you must pay any sum which exceeds that which
(continued on page 2)
may lawfully be charged, and If there is such excess sum, it shall be applied to reduce the lawful amounts payable
by you, and any excess shall be returned to you.
You certify that all of the Equipment referred to In this Lease has been delivered and received by you, and that any and all installation and set up has been completed. You have examined the Equipment and it is i
ating condition and is satisfactory to you and you have accepted the Equipment. This Lease cannot be modified or rescinded except by a writing signed by you and us. ACCORDINGLY YOU AUTHORIZE US TO
THE EQUIPMENT FOR YOUR USE
Authorized Signer Date Print Name Title Indicate Purchasing Agent, Buyer, etc.
X Ms. Maria Davis Citv Manaaer
510 /R- 05110 -1 -03
continued from page 1
7. LESSEE REPRESENTATIONS: You represent and warrant to us that you: (a) are a public body corporate
and politic duly organized and existing under the laws of your State; (b) have taken all requisite action and pos-
sess the requisite authority to execute this Lease; (c) have fully budgeted and appropriated sufficient funds for
the current fiscal yearto make the Lease payments herein; (d) have complied with all bidding requirements relat-
ing to the acquisition of the Equipment; (e) have provided accurate financial information to us and will annually
provide us with financial statements, budgets, proofs of appropriation and other such financial information that
we may reasonably request; and, (f) will use the Equipment only for essential governmental or proprietary func-
tions within the permissible scope of your authority.
8. MAINTENANCE; USE; INSTALLATION: You are responsible for installefson and maintenance of, and for
any damage to, the Equipment You must service, repair and maintain the Equipment at your expense in the
same condition as when received, ordinary wear and tear excepted, in compliance with all applicable laws and
regulations, and in compliance with all insurance policies and all manuals, orders, recommendations and
instr=uctions issued by the manufacturer or vendor. You shall permit the Equipment to be used by qualified per-
sonnel solely for business purposes and the purpose for which it was designed. You will make no afterations or
modifications to the Equipment without our prior written consent. If the Equipment malfunctions, is damaged,
lost or stolen, you agree to continue to make all payments due under this Lease.
S. iNSUFANCE; CASUALTY: Until this Lease is paid in ful and the Equipment has been returned to us, you
will: (a) keep the Equipment insured under all risk property insurance policies naming us as loss payee for the
greater of the Remaining Balance (defined below) or its full replacement value against all types of loss, includ-
ing theft; and; (b) provide and maintain comprehensive general public liability insurance naming us as additional
insured. AN policies and insurers shall be acceptable to us and the insurer(s) must agree to provide us at least
30 days prior written notice of any material change, cancellation or non- renewal of coverage. tt you do not pro-
vide us with acceptable evidence of insurance, we may, but will have no obligation to, obtain insurance and add
a charge to your monthly payment which will include the insurance premium charged by our insurance provider,
our then prevailing insurance administration fee, together with interest on such amounts at the overdue rate
provided in Section 13. If the Equipment is damaged, you shall immediately repair the damage at your expense.
If any Equipment is lost stolen or damaged beyond repair, you shall, at our option, (a) replace the same with
like equipment in a condition acceptable to us and convey clear title to such equipment to us (such equipment
will become Equipment subject to this Lease), or (b) pay us the Remaining Balance. For purposes of this Lease,
"Remaining Balance" means the sum of (I) all amounts which are currently due to us under this Lease, but are
unpaid, plus (ii) the present value of the sum of all amounts to become due during the Lease term plus the
Lease End Purchase Option price for the Equipment set forth above, each discounted at a discount rate equal
to the f -year Treasury Constant Maturity rate as published in the Selected Interest Rates table of the Federal
Reserve statistical release H.15(519) for the week ending immediately prior to the date of Lessee Acceptance
of this Lease (or tt no longer published, a rate reasonably determined by us); provided, that If the Lease End
Purchase Option price is FMV, then the Remaining Balance will be calculated by reference to the expected
FMV for the Equipment as of the end of the Lease term, as reasonably anticipated by us at the commence-
ment of the Lease. Upon our receipt of the Remaining Balance following the loss or destruction of any
Equipment, you shall be entitled to whatever interest we have in such Equipment, in its then condition and loca-
tion, without warranties of any kind.
M. LiAEfLTTY: WE ARE NOT RESPONSIBLE FOR ANY LOSSES OR INJURIES TO YOU OR ANY THIRD
PARTIES CAUSED BY THE EQUIPMENT OR ITS USE You assume the risk of liability for, and agree to
indemnify, defend and hokl us, our employees and agents, harmless from and against: (a) any and all liabili-
ties, losses, damages, claims and expenses (including aftomeys' fees and legal costs) arising out of the man-
ufacture, purchase, shipment and delivery of the Equipment to you, acceptance or rejection, ownership, licens-
ing, titling, registration, leasing, possession, operation, use, return or other disposition of the Equipment, includ-
ing, but not limited to, any fiabili ies that may arise from patentor latent defects in the Equipment, and any claims
based on strict tort liability, (b) any and all loss or damage of or to the Equipment, and (c), any liability to the
manufacturer or supplier arising under any purchase orders issued by or assigned to us.
1i. TAXES; PERSONAL PROPERTY TAX FEES: You agree to show the Equipment as "Leased Property' on
all personal property tax ('PPP) returns, You agree to pay us all PPT assessed against the Equipment During
the term of your lease, we may charge you an estimated PPT fee to offset PPT exposure on your leased
Equipment. This fee will be a reasonable estimate of the expected tax liability, usually 901% of the PPT assessed
for your Equipment in the preceding tax year. We may also charge you an administrative fee of no more than
$12 per item of leased Equipment with each PPT bill to offset the costs associated with the reporting, payment,
and collection of actual or estimated PPT. You agree to reimburse us for applicable sales andlor use tax and
all other taxes, fees, fines and penalties which may be imposed, levied or assessed by any federal, state or
local government or agency which relate to this Lease, the Equipment or its use. Fines and penalties will be
limited to any incurred as a result of your failure to act in accordance with federal, state and local tax laws and
codes andfor the terms of this Lease. You agree to reimburse us for reasonable costs incurred in collecting or
paying any taxes, assessments, charges, penaniesorfees,
12 ASSIGNMENT: YOU MAY NOT SELL, PLEDGE. TRANSFER, ASSIGN OR SUBLEASE THE EQUIP -
MEfJT OR THIS LEASE We may sell, assign or transfer all or any part of this Lease andtor the Equipment.
The new owner will have the same rights that we have, but you agree you will not assert against the new owner
any claims, defenses or set -offs that you may have against us or any supplier.
13. DEFAULT: DAMAGES: if you, or any guarantor of your obligations: (a) fail to make any Lease payment
within 10 days of when due, or (b) become insolvent or commence bankruptcy or receivership proceedings or
have such proceedings commenced against you, or (c) terminate your existence by merger, consolidation, sale
of substantially all your assets, or (d) default under any other agreement you have evith us or our affiliates, or
(e) otherwise breach any warranty, covenant or provision of this Lease, you will be in default. If you are in default
we may, but shall not be obligated to, do any or all of the following: If) declare immediately due and payable the
Remaining Balance and all unpaid amounts due under this Lease, (ii) require you to immediately return all
Equipment to us at your expense, (iii) with or without notice, demand or legal process, re -take possession of
the Equipment (and you authorize us to enter upon the premises wherever the Equipment may be found), (iv)
sell, hold, use, lease or otherwise dispose of the Equipment. (v) immediately terminate this Lease (and any
Other agreaments eve have with you), (v) apply any security deposit to reduce amounts due to us hereunder,
andlor (vii) exercise any other remedies available to us under applicable law. You agree to pay our actual attor-
neys' fees, plus all actual costs, including all costs of any Equipment repossession. Any payment or other
amount more than 30 days delinquent under this I -ease shall accrue interest until paid at the overdue rate of 1-
112 per month, or the maximum amount permitted by applicable law, whichever is less K we dispose of the
Equipment, we will apply the net proceeds of such disposition to reduce the Remaining Balance and other
amounts payable by you, and you shall remain responsible for the payment of any defidencu If the Lease End
Purchase Option price indicated on the face of this Lease is $1, and the net proceeds we recover following a
default is more than the Remaining Balance and other outstanding amounts payable by you, we will give you
the excess. You waive any notice of our repossession or disposition of the Equipment. By repossessing any
Equipment, we do not wave our right to collect any amounts due on this Lease. We will not be responsible to
you for any consequential or incidental damages. Our delay or failure to enforce our rights under this Lease will
not prevent us from doing so at a later time.
14. CHOICE OF LAW; JURISDICTION: NIENUE; NON -JURY TRIAL: You and any Guarantor hereto agree
that this Lease will be deemed for all purposes to be fully executed and performed in the State of tuff higan and
will be governed by Michigan law. YOU AND ANY GUARANTOR EXPRESSLY AND IRREVOCABLY AGREE
TO: (a) BE SUBJECT TO THE PERSONAL JURISDICTION OF THE STATE OF MICHIGAN IN ANY CON-
TROVERSY THAT MAY ARISE RELATING TO THIS LEASE, ANY GUARANI —i Y OR THE EQUIPMENT; (b)
ACCEPT VENUE IN ANY FEDERAL OR STATE COURT IN MICHIGAN AND AGREE THAT SUCH COURT
WILL BE A CONVENIENT PLACE FOR ANYTRIAL; AND, (c) WANE ANY RIGHTTO ATRIAL BY JURY You
and any Guarantor further acknowledge and agree that subsections (a) through (c) are conditions precedent to
and are material inducements to our entering into this Lease with you and any Guaranty with any Guarantor.
15. FINANCE LEASE; APAIENDMENTS: YOUR OBLIGATION TO PAY ALL AMOUNTS UNDER THIS LEASE
IS ABSOLUTE AND UNCONDITIONAL. THIS LEASE IS A "FINANCE LEASE" UNDER THE UNIFORM COM-
MERCIAL CODE AS ADOPTED IN MICHIGAN ("UCC). THIS LEASE MAY NOT BE AMENDED EXCEPT BY
A WRITING WHICH WE HAVE SIGNED. YOU WAIVE ANY AND ALL RIGHTS AND REMEDIES YOU MAY
HAVE UNDER UCC 2A -508 THROUGH 2A -522, INCLUDING ANY RIGFTTTO: (a) CANCEL THIS LEASE; (b)
REJECT TENDER OF THE EQUIPMENT; (c) REVOKE ACCEPTANCE OF THE EQUIPMENT; (d) RECOV-
ER DAMAGES FOR ANY BREACH OF WARRANTY; AND (e) MAKE DEDUCTIONS OR SET -OFFS, FOR
ANY REASON, FROM AMOUNTS DUE US UNDER THIS LEASE IF ANY PART OF THIS LEASE IS INCOW
SISTENT WITH UCC 2A, THE TERMS OF THIS LEASE WILL GOVERN.
16, NON- APPROPRIATION: If you: 1) are not allotted funds for this Lease in the next fiscal year; 2) have no
funds for replacement equipment; and 3) have no funds from other sources (1, 2 and 3 shall be hereinafter col -
leclively referred to as "NorrAppropriation "), you may terminate this Lease at the end of the then current fiscal
year. in such event, you shall return the Equipment to us, at your sole expense. You shall not, within. a period
of Non - Appropriation, acquire by any means equipment similar to ft Equipment, unless same shall be leased
from us.
1T. 8038 FILING: You agree that you will timely file a Form 8038 -GC (or, as necessary, Form 8038 -G), or any
revised or renumbered form with the Internal Revenue Service in accordance with Section 149(x) of the Code
and the Regulations thereunder, and agree to appoint us yourAgent for the purpose of maintaining a book entry
system as required by Section 149(a) of the Code.
58. PURCHASE OPTION: g you are not in default, you may at anytime with 60 days prior written notice pur-
chase all (but not less than all) the Equipment for a price equal to the sum of all remaining payments to come
due during the term (if any) plus the Lease End Purchase Opfion price indicated on the face of this Lease plus
any applicable safes taxes and fees. Any Lease End Purchase Option price for the Equipment designated
above as "FMV" shall be for its fair market value in place and in use as reasonably determined by us ("FMV").
You must give us 60 days advance written notice of your intent to exercise this option unless the purchase is
being made at the end of the term and the Lease End Purchase Option is $t.
19. EQU IPMENT RETURN: It you do not exercise the Lease End Purchase Option at the end of this Lease term,
you will immediately crate, insure and ship all, but not less than all, of the Equipment, in good working condition,
to us at a location and by means we designate, with all expenses to be prepaid by you. You must give us 60
days prior written notice of your intent to return the Equipment under this Section. You agree to pay a restock-
ing fee not to exceed $100 for each item of Equipment which you return to us under this Section. You must dis-
assemble and pack the Equipment for shipment in a manner authorized by the manufacturer or its representa-
tive and provide for its reassembly at the return location in the condition required by this Lease, atyour expense.
If you fail to return all of the Equipment to us as agreed, you shall pay to us the regular Lease payments each
month unfit all of the Equipment is returned. gthe Equipment is damaged when received by us or otherwise not
in the condition required upon return to us, you agree to pay for all costs of repair orrestoration. You will also be
responsible for any damage to the Equipment which occurs during shipping.
20. FAX: If we agree, you may transmit this Lease and related documents tows by teiecopy or facsimile ("fa)").
The fax version of this Lease and related documents shall constitute an original of the documents a d "best
evidence" of the parties' agreement, and shall be binding on you as f A were manually signed and personally
delivered. You agree that the fax document will be admissible in any legal action. To the extent this Lease con-
stitutes chattel paper under the UCC, a security interest Cn this Lease may be created through the transfer and
possession of a copy of this Lease manually executed by us without the need to transfer possession of any
other fax or copy of this Lease, or any other related documents o. instruments. We have no duty to verify or
inquire as to the validity, execution, signer's authority or any other matter concerning the propriety of any fax.
21. MISCELLANEOUS: If any provision of this Lease is unenforceable, invalid or illegal, the remaining provi-
sionswill continue to be effective You must bring any adtion against us relating to this Lease wilin one year
after the basis for the claim first arises. and in any event not later than one year following termination of this
Lease. Time is of the essence with respect to the payment and performance of all of your obligations underthis
Lease.
22. MERGER: THE AB04'E TERMS AND CONDITIONS REPRESENT AND MERGE ALL OF THE TERMS
AND CONDITIONS INTO THIS LEASE THIS LEASE CANNOT BE MODIFIED OR ALTERED UNLESS IT IS
IN WRITING AND SIGNED BY ONE OF OUR OFFICERS.
Municipal Lease Agreement, page 2 of 2
Contract
Title Indicate Purchasing Agent, Buyer, etc.
- ACCEPTED BY. Signed By Commencement Date
SIDIR- 05110 -1 -03
C13 ) A , R! sy sterns
Performance Assurance Program
8378 N.W. I ,8th Street Miami, Florida 33166 TeL 305 - 594 -0470 Fax: 305.594 -2189
- - -- - - - --
DESCRIPTION
SERIAL NUMBER
� --
E -MAIL: B t!riopG Aol.Com HrTP.i/WWVV.BerIoP.Ccrn
ANNUAL
BASE CHARGE
%tlSTt)NEI t NAME ;1
ACCOUNT No. (SHIP TO)
CONTACT
PHONE NO.
fj
SHIP AIIQRESS
CITY
STATE
zIP
cents
A
BILL TO Al ORESS
CITY
STATE
ZIP
TERMS E12UIPIIENiT INSTALL DATE
FAX NltbhjlE�Eli
DUE UPON RECEIPT�c��
MA11 idllrll: AAIn ACCES90RIES
—• - -
MOI IEL
- - -- - - - --
DESCRIPTION
SERIAL NUMBER
BILLING
INTERVALS
OVERAGES"
PER COPY amount
ANNUAL
BASE CHARGE
cents
cents
cents
A
CONTRA CT START: DATE SUBTOTAL
START N ETER READING: '`' SALES TAX
TOTAL MINIMUM ANNUAL CHARGE
*BILLING 11ITERVAL MONTHLY QUARTERLY ANNUAL `BILLING INTERVALS LIMITED ON SOME PROGRAMS
MONTHLY 31LLING • BASE OF ,S ^ TO BE BILLED EACH MONTH, PLUS SALES TAX ( WHERE APPLICABLE)
COPIES INCLUDED IN EACH BASE CHARGE EXCESS COPY CHARGE OF $ PER COPY.
QUARTERL' 3ILLINC -• BASE OF $ TO BE BILLED EACH QUARTERLY, PLUS SALES TAX ( WHERE APPLICABLE)
COPIES INCLUDED IN EACH BASE CHARGE EXCESS COPY CHARGE OF IS - PER COPY
ANNUAL BI LLING- ALL ANNUALLY BILLED CONTRACTS ARE ON A TIME OR USAGE BASIS, WHICHEVER OCCURS FIRST AT AN
ANNUAL BASE CHARGE OF OR COPIES.
PERFORMANCE ' "�„�' Th: above described copier shall be conditionally warranted by BARLOP INC. for as long as the above
FLAN A �° described Customer shall own this machine. This warranty shall Cover parts, labor, drums and supplies
CUSTOMER ACKNOWLEDGMENT (excludlrig paper, staples, and shipping cost for supplies.) * Connected device's and sales tax are
PLAN , , subject to the terms and conditions on reverse.
PERFORMANCE The above described copier shall be conditionally warranted by BARLOP INC. for as long as the above
PLAN g�desarlbed Customer shall oven this machine. This warranty shall cover parts, labor, drums (excluding
CUSTOMER ACKNOWLEDGMENT consumable parts, paper, toner staples, and shipping cost for supplies.) ` Connected device's and sales
PLAN 3 tax-are subject only to the terms and Conditions on. reverse.
PERFORMANCE -rhe above described copier shall be conditionally warranted by BARLOP INC. for as long as the above
PLAN C "described Customer shall own this machine. This warranty shall cover parts, labor (excluding drums,
CUSTOMER ACKNOWLEDGMENT consumable parts, paper, staples, toner, master rails, thermal record head and shipping cost for supplies.)
PLAN ; " Connected device's and sales tax, are subject only to the terms and conditions on reverse.
SPECIAL CONDITIONS
�, l ,�r ✓,,, :K' q" f.li ..,%s`..a e : ,•• r N..: e�='F e%1' "a a e:. � e
y
s°' k N.- ,^�zr s• r-f Y e?r fese. F l`d �a�.� �;. ��`- r,� �_ G,r`.S � '? •T s
APPROVE V SY BARLOP I CUSTOMER ACCEPTANCE
SERVICE 11ANAGER APPROVAL DATE
CUSTOMER NAME DATE
AUTHORIZED CUSTOMER SIGNATURE TITLE
'COVERA( IE NOT IN EFFECT UNTIL PAYMENT RECEIVED "SEE TERMS AND CONDITIONS ON REVERSE
------------------------------------------------------------ -_- .-- - -__ -_ m......._..- °..__.. ------------ ;
�+ PLEASE SINN AND RETURN ONE COPY ALONG WITH YOUR REMITTANCE
iPayments ma Is during the lifetime of rtes Agreement must be on a regular basis. Any variation can result in the cancellation of your cmnlract. This Agreement will aulamatically renew tar additional
i terms on the ame and conditions subject to inflationary cost increases unless cusiamar gives BARLOP 30 days notice and is not valid unless approved by an authorized Manager. I
t---------•---------°°------ °- --- ------- ----------- -- - ° - - -- -^-°--°-_ -_--_- ___---- ---- °- ° °_....._— ----------------------- -------------- d
PERFORMANCE ASSURANCE PROGRAM
BARLOP INC. (hereafter called BARLOP) and purchaser (hereafter called CUSTOMER)
TERMS AND CONDITIONS
L CUSTOMF R'S RESPONSIBBILITIIES
A, Mcbmar will rabtido a motor reading sit monshyrquartarty intervals for the purpose of maintenance
and billing. All copies in excess of the amount included in the boss charge are subject to a
maintenance to nor tiling,
B- Customer or es to pay invoices promptly. Should Customer be delinquent for mare than thirty (30)
deysSARLOP ititsoptjon may central this Agraamentwithoutnatice.
C. Customer agtar s to notify SARLOP prior to preventative service internals as Indoeted on front side
hereof.
D. Customer agree s to promptly notify BARLOP of any problems or mallunotions with the systems and
cease usage of the syaiams until correction of such problems are made.
E Customer agm 9 b use all funtishad supplies only for copy making purposes in the system indicated on
the bantsido h roof,
F. Customer ogre s that in the event BARLOP does not receive curare trwnthylqua-tarylannial dxapY
counts, the W borer will receive a monthylGuanerlylanaual billing tor the bass amount. Thor next
sequential biilk g will have excess meter billing for the previous and current billing periods,
C. Customer guys is that all supplies furnished hereunder including consumable parts such as drums,
remain the prol arty of BARLOP until sold supplies are consumed to the extern that dwY may not ba
further ddllized i the copy making process.
H• Customer shal provide an equipment key operator for each sniff of position and shall, at BARL OP's
request: preset t operators for instruction in use end care of the equipment.
I. PLAN A ONLY BARLOP guaranleas % respond 1D emergenoy service oalis within five business hours to
ail Customers esiding coition a twsnt 4ve mile radius of w wthoezed BARLOP location• m the event
that BARLOP t its to meet its &hour emergency response time guarantee, and Customer washes to avail
itself for be Si 'DD credit Custornor must notify a BARLOP service manager within forty -eight hours or
BARLOP'S tai ere to respond: Service Manager shall issue a coupon valid fors $25.110 credit on future
purchasing. S iergency response pertains to tnoporalva equipment only.
J. PLAN A ONL1— Cuslorter agrees toner will be used exclusively in eontreeted squipment listed above.
Customer NO sr agms if toner usage is doomed extessnte 0WOmer Wrote to pay for excessive toner
at SARLOP of rant published price.
K, CustcmerWill a ouidesuitebleconrreetunfor conneoWequipmentandrequiredcabingtoconnaolfo
devisa.
1) Coatemar a; Vesta pay for sales won Performance Assurance Programs.
Ii.LDUTAI IONS
MUTATIONS (continued)
o, This agreement extends only b the original Customer endis ran- trensforable. This Agreement cannot be
honored if the eq ' morn is rmved out of BARLOP'S normal sorvics area. if the equipment Is moved
beyond EARL OP S service zones, Buyer agrees this Conrad shell be deemed terminated by Buyer
H. The Meter of equipment to a different zone within the service area subjects the Oontnrct
to the gxpicable rate for the new-zone,
A. The charges a rust this contract shall spedfiealy exclude coverages tar the following:
1) repairs msut ithg from eausas other than normal use: such es abuse, or misuse by the operators
moludngwit cut limitation, damage to copiwr drams and use of utist1horizad suppies. It shell also
exclude soci lent, damage dos to tr9nSportaton, unsuitable or failure of al
cal power. and fai lure
2) repairs mat a necessary by service performed otter then by EARLOP or its autholzed
tepresentat ves.
3) service cal s or work which the Cu3torner regaests to be performed outside BARLOP's
business M its (Monday through Friday, 6:30 am, to 5:00 P.M. exeludingweakend andholidays.
except that ,uch after hours work may be arranged by separate contract and payment of additional
charges.
4) rwonditionir g rebuilding, overhauling or modification to the equipment except those specified by
the author; aid BARLOP representative to assure better performance of the equipment
5) all optionsi equipment unless otherwise specified on dhe front of this agreement
B. PLAN A ONLY —This agreement shall ire honoredby SARLOP any so long as Customer agrees to allow
to perform an it shop reconditioning at the and of the of the fourth year of ownership of the equipment and
overyiourlhye hr thereafter. BARLOP wfin h igthe cast of Such recond htioningwiII not exceed asum
equal to hi Ne limes the month ly mini mum charge I hen in ellev, for the above described equipment. In
the event that 1 ARLOP deems that that it would be advisable, BARLOP retains the option of substi fuing
s cha-pe of Re andilioned machine of similar make and model for fee equipment described above end
sucject to the d isrga soffisCorLroot
C. In the eveitl the l ti is neowsary+o remove the equipment to BARLOP'S fsciliy for repair. BARLOP will
provide tranep ristion to and bum the service point and will provides similar machine whenever possible.
Customer agn ell In pay tie standard monthly /quarter
D. BARLOP wilt i of be liable for any failure of delay in p rtormanca due in whole or in part rc any cause
Beyond BARL )PS, control, Including but nrn limited to vroti; sbppages, fires, evil disobedianos, riots,
Rebellions. so s of god and similoroccummoes.
E. There are no a ,press or implad warranties, moluding the impiedwarrantias of merchantability and fitness
fbr o pertioule purpose, not spea6ed homIn respecting this Agreement for the savioes provided.
F. This $leeme it represents the entire agreement between the parties end supersedes ail prior oral and
written propos its and communications,
I BARLOP reserves the right to inspect all equipment be coveredunderthis Agreement to dtotafmine
that it is in good meoharucet condition on the affective date of ft Agreement Should the equipment
require repair or overhaul fur acceptance, such dopairs, if requested, will be made 0 BARLOP'S then
current hourly rate plus parts. BARLOP reserves the tight to disoontinwa this Agmemant on eery machine
fat the following reasons:
1) the machine is not being used in accordance with intended purposes
2) lack of proper operator msintenance betwmen scheduled inspection
3) abuse of equipment by the apert>lors
dl equipment requrres in shop repair or ovemeui but approval fa proceed has been domed.
5) in The event pans are no longer available to BARLOP from the momtfeciurer of the equipment.
J. Customses exclusive remedy and BARLOP'Sonlhe fiahilty in owilrni, orc0anvise. wil be
to make all necessary e4ustments and repair. (or at BARLOP'S option replace or arbstsrie
equipment) to keep the equipment in good operaling condition in woordaaw with the
manuiacluver's policies then m effect.
K. In no event will BARLOP be liable for any infirm special at conseq renloal damages arising out of this
Agree menlor the use of any equipment and sarvioes prwided under this Agreement.
1) BARLOP is not responsible, for sofivuam provided by equipment manufacturer (please read wftvrere
license terms and contallons at errs of installation) nor be resporisibie for rmWxrk ow"ting
equipment to furretion as printer, scanner, so d to email. Our performance Assurance Program
starts at connection ports of equipments. All soflware is la be installed BY customer I.T. personal.
L. -ft amount of this agreament shall be increased by an amount equal to any applicable tax now as
heresfmr assessed, levied or 'Imposed by a federal, state or local authotittr
M. SARLOP M. has the right to increase this agreement rase at the beginning of each ramoml(rim
Without notica.
N. Under PLAN A BARLOP will replace without charge parts, which have broken or warm through use and are
nedressaryto machine servicing and moinrxnanee edjustnrents, not including expendables such as paper,
staples and colored tonsm. BARLOP agrees to furnish sutnarbart supplies and drums which shall be
deivasad at accepted intervals and in sufficient quarldes as usage history dictates and as determined by
BARLOP
0. Under PLAN B EARLOP will repine without charge pans which hays broken or worm through use and era
necessay to machine servicing and maintenance s Justments, not including expendables such as paper,
toner. developer, stopes, mesfer, feed belts, lamps, and 15011012:
P. Under PLAN C BARLOP Will replace without chhxge pens which have broken or wom�through use and are
nooessary to machine servicing and maintenance adjustments, not including expendables such es paper,
toner, developer, staples, master. feed bets, Isms, photaarn kactoi dhums,_penols, and Illemal{edarding
hwds.
Q. No one 1; authorized to change, alter, at amend the terns orcondhtions of this agreement unless agread
to in writing by both parries.
R. BARLOP reserves the right to refuse orders for Maintenance Agreements where service is not available
or in remote areas.
S. Thi s ormtrar;t thas not provider for the replacement ofoonsomobb supplies. Installation of paper,
developer, toner may be performed without charge if the service technician Is present for service
reasons. A charge, at BARLOP'S normal hourly rate, will be made if it special call is requested br the
purpose of Installing these items.
ui, CANCELLATION AND DEFAULT
A. This agreement may be terminated by either party as of the first day of the month following 16 days
written notice. In the event termination, charges will be prorated end eAALBP wifl refund the unesmed
portion of any amount prepaid less an early camdallal oh fee equal m IVA of the existing cost.
B. Should Customer fail to pay monthlylquadedylannaal tilling cr otter charges as maybe Galled for.undu
this Contract within thiry, (30) days of the submission of the invoice. BARLOP may at its option:
1) refuse to continue service of the equipment or 2) furnish sarvtoe only on a C.O.D. *Par call' basis.
C. Customer agrees to pay a finance charge of 1.5% per month on any past due balance. Further, Customor
agrees to pay all costs of collection including reason" attpmey's teas whether suit be brought or not,
incurred by BARLOP iNC. in collecting any past due balance or recovering ary equipment All payments
shall be made to BARLOF 1140. at its offices in DhDE COUNTY, FLORIDA.
D. Upon cartealla ion Customer agrees b pay for ail parts, labor and supplies rendered during cancelled
Contract period
91
0
0
0
W
0
-n -h
0 cn
0
xl
c
0—
0=Y'
tU
Z
m
ai G)
0) (D
>
< 0
M
O CD
M
CD
m
m
Z
11
<
0 m 0 --f
CL
CD
go
;a M
m
O
0
CA)
w
0
0
0
0
w
0)
(4
CD
CA)
(Y)
CA)
0)
(A)
CD
0)
0)
Z
>
-2.
CD
0
0
0
0
0
0
0
0
fn
m
W
0
0
0
Z
U)
G)
CD
O
CD
>
-n
>
-n
0
0
0
2)
<
0)
<
(A
(n
(D
rr
to
-4
(1
-4
0
N)
03
-4
C)
N3
<
CD
0
N3
M M
M.
0
5D
m
m
m
m
m
m
<
m
>
0
CO
Q)
(1)
Cf)
Cl)
Cf)
CO
cn
co
w
r-j
CA)
OD
I%j
CA)
co
M
U3 0
CT
OD
0
00
O
00
N
Z C M 'D
0 M
m
fA
40
ft3
>
z
r 0 C) 0
CA)
N
z
z
m 0
> W 0 co
Q
c
co
CD
°o
p
o
C)
p
0
00
0
0 U) < m o
0 -4 0
0
co
0
0')
CA)
T -V
-< M
m m
oc: F gzz 0
Z (44) r f- 10 r- z 0 0 0
CD
(0
(31
0)
2 1 0 <
0 moo-lio
< m
Efl
469
-69
4A
ffl
Ca
CA)
C37
W
A
OD
Cat
-CS,
co
00
Ut
0
0
S O CP.
O
0
0
w
10
GO
cn
r--
{fl
69
�w
fo
rs
{w
CA
cn
co
0)
co
C)
w
(3)
co
00
0 W
0
O
CD
0
0
O
0
0
0
-4
a
-4
1 0
1
-4
C)
0
0
OS O
91
0
0
0
W
0
-n -h
0 cn
0
xl
c
0—
0=Y'
tU
Z
m
Barlop
Business
Systems
8376 N.W. 68 Street
Phone: (305) 594 -0470
Email: jlopez @barlop.com
Miami, Fl 33166
Fax: (305) 594 -2189
January 7, 2004
Ms. Kathy Vazquez
Purchasing Agent
City of South Miami
6130 Sunset Drive
Miami, Fl 33143
Dear Ms. Kathy Vazquez,
Thank you for the opportunity to present this proposal for a new Savin Imaging System.
In the following sections of this document, you will find a review of the critical
requirements we have discussed, along with details on the proposed solution we are
offering.
At Barlop Business Systems, we are very proud of our reputation for excellent customer
service and support, as well as our industry- leading systems that are helping clients
achieve new levels of productivity in the workplace. This proposal is just one indication
of our commitment to helping each client identify their specific needs, then fill those
requirements with the right systems and services to make their office function better.
Because a digital imaging system represents a significant investment, it is important to
know that you are making the right choice of both equipment and vendor. We are proud
to offer office solutions from Savin, one of the oldest and most respected names in
document technology.
I will be in touch with you shortly to review the contents of this proposal. In the
meantime, do not hesitate to contact me at (305) 594 -0470 if you have any immediate
questions.
Once again thank you for the opportunity to present this offer to you. I look forward to
settling any last questions and establishing a long - lasting business relationship between
your company and our dealership.
c ely,
ose Lo
Gesfetner
The Savin Solution
In response to the requirements outlined above, Barlop Business Systems is proud to
propose the following system(s) for your office environment:
Savin DSC232sp Color Digital System
o 32 Copies per Minute Black
o 10 Pages per Minute Full Color
o Document Feeder
o 2 x 250 Sheet Paper Trays
o 100 Sheet By -Pass
o 40GB Hard Drive
o Unlimited Double Side Copying
o Network Printer /Scanner (Full Color /Black)
o Scan to E -Mail
o Facsimile Module with Separate Tray
o Unlimited Sorting with Stapling SR790
po *Monthly Payment: $326.00
Lease Term: 36 Month
Zero Down Payment
■ Performance Assurance Program -Plan A
*Included in Monthly Payment. Covers all Parts, Labor and Supplies for 5,000 Black
Copies per Month. Only Paper and Staples are excluded. Color copies will be charged as
per use @.0367 Cents per Development. Overage of Black copies @.010 Cents per
Copy.
BARLOP BUSINESS SYSTEMS
Proposal
LEGAL NAME W,, CUSTOMER
U sip :Si°-
may't -/ !''� �'i `�C3 l` -� t5 a �i {a 7.. 7,Yz; &
BILLING NAME (IF DIFFERENT FROM ABOVE) BILUNGSTRFETAOORESS
CITY STATE ZIP FEDERAL TAX I.O. W E -MAIL
: "�`� T' /:;v�:,hc.:;t]it- ,,. �. fit �%�✓ c '2- -
Term in Months �; -v) ,
Payments of $ `�.c4
(plus applicable taxes)
{coos.) Lease Payment Period is Monthly $ Received
Unless otherwise indicated
(plus applicable taxes)
Payment includes ',save:- 4,tcop!es per month Overages billed monthly at $ ono � per copy
END OF LEASE OPTIONS: You will have the following options at the end of the original term, provided the Lease has not terminated early and no event of default
under the Lease has occurred and is continuing.
1. Purchase the Equipment for the Fair Market Value. 2. Renew the Lease per paragraph 1_ 3. Return Equipment as provided in Paragraph 6.
THIS IS A NONCANCELABLE It IRREVOCABLE AGREEMENT, THIS AGREEMENT CANNOT BE CANCELED OR TERMINATED.
® d d
DATED: OWt�R Docutek Imaging Solutions, Inc. SIGNATURE TITLE
t d
DATED: CUSTOMER: SIGNATURE A TITLE
PRINT NAME
As additional Inducement for us to enter into the Agreement, the undersigned 'you "j unconditionally personally guarantees that the customer x4li make all payments and meet all obligations regL ired under this
Agreement and any supplements fully and promptly. You agree that we may make other arrangements Including compromise or settlement with the customer and you waive all defenses and notice of those
changes and wilt remain responsible for the payment and obligations of this Agreement. We do not have to notlty you if the customer is in default If the customer defaults, you will immediately pay in accordance
with the default provision of the Agreement all sums due under the terns of the Agreement and will perform all the obligations of the Agreement. If It is necessary for us to proceed legally to enforce this guaranty,
you expressly consent to the Jurisdiction of the court set out in paragraph 15 and agree to pay all costs, indudng attorneys fees incurred in enforcement of this guaranty. It is not necessary for us to proceed
first against the customer before enforcing this guaranty. By signing this guaranty, you authorize us to obtain personal credit bureau reports for credit and collection purposes.
PRINT NAME OF GUARANTOR: - SIGNATURE X DATE
You certify that all the equipment listed above has been furnished, that delivery and installation has been fully completed and satisfactory. Further, all conditions and terms of this Agreement have been reviewed
and acknowledged. Upon your signing below, your promises herein will be irrevocable and unconditional in all respects.
DATED: CUSTOMER: SIGNATURE X TITLE
HALSEY- GRIFFITH COMPARATIVE COST ANALYSIS
`M F 7000
Total Imaging Cost for Black & White With covering 5,000
copies &llcents Color Overage on B/W is .01.3 per copy. Also
Staples & UPS Shipping included
t232S/P *2k
Total Imaging Cost for Black & White $ 273.70
• Total Imaging Cost includes Toner, Parts, Labor, Supplies, Staples and Platinum
service plan at no additional charge Overage .012 color 11cents a CopyAlso Staples
& UPS Shippig included