HomeMy WebLinkAboutIT08-165 - Other - Associated Business Systems (ABS) - Added MP 2550 SP System Lease Agreement - 03/26/2009 Records M arnrta ge m 0'1 t_
KENT .._
WASHINGTGN Document
CONTRACT COVER SHEET
This Is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact Mary Simmons, City
Clerks Office.
Vendor Name: Rico 0 /i43 S Vendor Number:
JD Edwards Number
Contract Number: —:T'())?" 1 (o',
This is assigned by Mary Simmons
Description: P1v �,c1P/9L LeASa Fc>2 RtCol-, Cople-2 L-QVIPVC'-✓T
Detail: Le vi Sf- AvJ:0) A S S oc./ i9 T e r> -P'q F e-JZW U 2 K
Project Name: N !A
Contract Effective Date: 31,9 E /O cl I =N S i A f(-Termination Date �f a 3
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: 1q0 L P yw"') Department: z-T-
Abstract:•
MO,-)ICI PAL Le/+Se ;o MFD Del/ /GC-. 147-
ci'ry_ SJ,oF>5 F- . U 7->e-rz/g7-/an/S . tatSv /41>D5 �Ne
L)e V/c -r- o -r-N e c c- A Gib e e�e-iC.c/i
FOiZ- A-/( l2PCoti f�F7� `S -
ADCL7832 07/02
UNICIPAL LEASE APPLICATION NO CONTRACT NO
ABS1111 ���ii,M@jJ =% PURCHASE AGREEMENT
This document is written in"Plain English" The words you and your refer to the customer The words Lessor,we, us and our refer to ABS
Finance. Every attempt has been made to eliminate confusing language and create a simple, easy-to-read document
CUSTOMER • - •
FULL LEGAL NAME STREET ADDRESS
Kent City of 220 4th Avenue (Bill to - IT Dpmt-Copier Division, 2nd FL,)
CITY STATE ZIP PHONE FAX
Kent WA 98032 253-856-4611
FEDERAL TAX I D# J ` E-MAIL ADDRESS -
�J �fv OCR -LT� (/J
MODELITEM DESCRIPTION
Ricoh MP 2550 SP System MP 2550 SP
❑See the attached Schedule"A" ❑See the attached Pool Billing Schedule ❑See the attached Grouped Pool Billing Schedule
LEASE TERMS LEASE P. YmENr AMOUNTDEPOSIT
Term in Months
49 Payments of$ 16207
49 Plus Applicable Taxes $ 0
coos) Lease Payment Period is Monthly Unless Otherwise Indicated (Plus Applicable Taxes)
THIS IS A NONCANCELABLE/IRREVOCABLE AGREEMENT,THIS AGREEMENT CANNOT BE CANCELED OR TERMINATED.
TERMS I CONDITIONS
We hereby rent to You,the personal property(the'Equipment)described above,on any attached Exhibi A,or in any subsequen'scredules which may hereinafter be made a part hereof upon the following terms and conditions
1 TERM AND RENT The term of,and the rental amount r'Rental Amount)due under this Municipal Lease Purchase Agreement(Agreement')shall begin or the Acceptance Date noted below or as specified on an attached Property
Acceptance Certificate(Exhibit C)and,continue for the fens set above unless earlier terminated per paragraph 18 and end on the date all payments on Exhibit B,or In any subsequent schedules which may hereafter be made a part
hereof,have been made This Agreement will be deemed automatically renewed by You each year(Your fiscal year)unless earlier terminated by You due to non-appropriation as provided in Paragraph 18 herein
The Rental Amount includes specified amounts of pnnrapal and interest due on a specific date Upon full payment by You of the entre Ren-al Amount including interest due on this Agreement the sec irty interest held by Us and Our
successors or assigns shall be released If any payment(or portion thereof)is not paid when due,it will incur a monthly late charge of 1 5%of the payment amount or the maximum amount pemnitted oy law,whichever Is less You
covenant to pay all Rental Amounts when due,and to perform all other covenants contained in this Agreement Rental payment obligations are absolute and unconditional and are not subject to cancellation,reduction,setoff or
counterclaim except as provided in Paragraph 18 herein
2 COVENANTS OF LESSEE You warrant and represent as follows (a)You are a body politic and have statutory authonly to enter into this transaction and carry out its obligations,(b)You have authorized the execution of this
Agreement by Your appropriate officials,(c)You have,in accordance with the requirements of law,fully budgeted and appropriated sufficient unexhausted and unencumbered funds for the anent budget year and to meet Your other
obligations under this Rental for the current budget year,and those funds have not been expended for other purposes, (d)the Equipment is essential to Your proper efficient,economic and continuing operation and will be used for
Your general business (a)You have never failed to appropriate or othenmse make available funds sufficient to pay rental or other payments coming due under any rental purchase,installment sale or other similar agreement,(f)You
warrant this Rental as a'bank qLahfied tax-exempt obligation as defined in Section 255(b)(3)(B)of the Internal Revenue Cade and represent that the aggregate face amount of all tax-exempt obligations(excluding private activity bonds
other than qualified 501(C)(3)bonds)issued or to be issued by You and Your subordinated entit as during the calendar year in which We fund this Rental is not reasonably expected to exceed$10,000,000,and(g)you and all of Your
subordinate em bes will not issue in excess of$10,000,000 of qualified tax exempt obligations(including this Rental but excluding private activity bonds other than qualified 501(C)(3)bonds)during the calendar year In which We fund
,W Rental without first obtaining an opinion of national recognized counsel In the area of tax exempt municipal obligations acceptable to Us that the designation of this Rental as a"bank qualified tax-exempt obligation"will not be
d m ly affected
/lD• Your Initials (Continued on the reverse side)
LESSOR ACCEPTANCE
ABS Finance
DATED LESSOR SIG E TITLE
CUSTOMER
TED CUSTOMER SIGNATURE TITLE
l l/-I✓ CAM"
PRINT NAME
1*7
DATED CUSTOMER SIGNATURE TITLE
PRINT NAME
ACCEPTANCE OF DELIVERY
You certify that all the equipment listed above has been furnished,that delivery and installation has been fully completed andA6tisf t Furth ,all conditions and terms of this Agreement nave been reviewed and acknowledged
Upon your signing below,your promises herein will be irrevocable and unconditional in all respects exce t art rovided'herem Yo mval as looted below Is a wndltlon recedent to the effectiveness of this Agreement
�/ �C6vJtC/�L Scot
X /�111/Ja+a a.z
DATEOFDEUVERY CUSTOMER SIGNATURE TITLE
3 TITLE Title to the Equipment shell pass to You upon acceptance of delivery conditioned upon Your complete and full performance of Your undertakings as provided in this Agreement and also conditional upon
full payment by You of the entire Luse Amount including interest due on this Agreement Upon Your full performance,we will release Our interest in the equipment for the nominal price of$1 00
4 EQUIPMENT INSPECTION,LIENS,PERSONAL PROPERTY and TITLE You have fully inspected and acknowledged that the Equipment[sin good condition and repair,and that You are satisfied with and have
accepted the Equipment in such condition You will not create or assume any mortgage,pledge,lien,encumbrance or claim on the Equipment,and will,at Your own expense,discharge any such claim The
Equipment is,and will at all times during the Agreement Term remain,personal property Title to the Equipment has been conveyed to You during the lease term in return for periodic payments,subject to the terms
and conditions herein
5 SECURITY INTEREST To secure payments and observance by You of the covenants expressed or implied herein,You grant a security interest in and a lien on the equipment to Us,our successors and assigns
6 USE AND MAINTENANCE You will use the Equipment In a careful and proper manner,in compliance with all applicable laws and regulations Equipment is to be used by You exclusively and not subleased,
loaned or otherwise used by entities other than You At Your sole expense and cost,You will maintain the Equipment in good repair,condition and working order and in compliance with manufacturer's suggested
maintenance and so as to maintain manufacturer's and/or supplier's warranties
7 DAMAGE OR DESTRUCTION OF EQUIPMENT You hereby assume and bear the entire risk of loss of and damage to the Equipment,whether or not matured from any and every cause whatsoever No loss or
damage to the Equipment or any part thereof shall impair any of Your obligation under this Agreement,which shall continue in full force and effect if the Equipment is partially lost,stolen,damaged or destroyed,
You will promptly repair and restore it to working order If net insurance proceeds(including proceeds of self-insurance)are not sufficient to pay for repairs,You will nevertheless complete the work and pay the
costs You are not entitled to reimbursement or to any reduction of the payments or other amounts payable pursuant this Agreement If the Equipment is totally lost,stolen,damaged or destroyed,You shall pay to
Us or Our assignee a sum equal to the applicable remaining"Principal Balance'plus interest as stated on Exhibit B,it paid later than as regularly scheduled
8 DISCLAIMER OF WARRANTIES 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 THE SUPPLIER AND EACH ITEM OF EQUIPMENT BASED UPON YOUR JUDGEMENT AND DISCLAIM ANY RELIANCE UPON ANY
STATEMENTS OR REPRESENTATIONS MADE BY US OR ANY SUPPLIER WE DO NOT TAKE RESPONSIBILITY FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT THE SUPPLIER
IS NOT AN AGENT OF OURS AND NOTHING THE SUPPLIER STATES CAN AFFECT YOUR OBLIGATION UNDER THE LEASE YOU WILL CONTINUE TO MAKE ALL PAYMENTS UNDER THIS
AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST SUPPLIER.
9 INSURANCE During the term of this Agreement,You will keep the Equipment Insured against all risks of loss or damage in an amount not less than the replacement cost of the Equipment without deductible and
without co-insurance We will be the sole named loss payee on the property insurance We will be named as additional Insured on public liability coverage You will pay all premiums for such Insurance and must
deliver proof of Insurance coverage satisfactory to Us If You do not provide such proof of such Insurance before the Agreement commences,You agree that We have the right,but not the obligation,to enroll you in
our property damage coverage program and bill You a monthly property damage surcharge of up to 0035 of the total stream of payments to in part cover Our increased administrative costs,credit nsk and other
costs and on which We may make a profit Nothing in this paragraph will relieve You of the obligation to provide public liability coverage
10 SURRENDER OF EQUIPMENT Upon termination of this Agreement due to default or non-appropriations,You shall return the Equipment to Us in good repair,condition and working order,ordinary wear and
tear resulting from proper use thereof alone excepted,and have been maintained in accordance with Paragraph 6 In the event of early termination of this Agreement,You will return the Equipment in a condition
that permits Us to be eligible for the manufacturer's or supplier's standard maintenance contract without incurring any expense to repair or renabditate such Equipment You will transfer ownership and bile to the
Equipment to Us and guarantee and indemnify clear title You,at your own expense,shall deliver the Equipment to such place as specified by Us
11 TAX INDEMNIFICATION If You lose Your eligibility for the"Small Issuer Exemption"during the calendar year or this transaction is deemed by any taxing authority not to be lax exempt from federal motor state
income taxation,You agree the implicit Interest rate and corresponding monthly interest payment in Exhibit B will be increased to preserve Our originally anticipated yield
12 TAXES Unless You have provided Us with evidence of an exemption,You agree to pay any license or registration fees,gross receipts,taxes,assessments,charges and sales,use,property,excise and other
taxes Imposed by any governmental agency upon the Equipment Any fees,taxes or other lawful charges paid by Us or Our assigns for You shall become Immediately due from You to Us or Our assignee including
any transfer and taxes pursuant to Paragraph 11
13 EVENTS OF DEFAULT The default by You under any term,covenant or condition contained herein which is not cured within ten days after written notice thereof from Us,shall,at Our option,terminate this
Agreement and Your right to possession of the Equipment
14 REMEDIES ON DEFAULT Upon termination of this Agreement,We may without notice to or demand upon You,except as stipulated in paragraph 18,pursue one or more of the following remedies(a)Take any
necessary or desirable action to collect all payments due under this Agreement,or to enforce performance of any obligation,agreement or covenant of You under this Agreement,including payment of any amounts
which You fad to pay(such as insurance premiums,costs or repairs,taxes) We and Our assigns will also be entitled to recover all costs and expenses,including attorneys fees,incurred in connection with the
enforcement of any of Our or Our assigns rights or remedies against You (b)To sue for and recover all rents,and other payments,then accrued or thereafter accruing,with respect to any or all items of
equipment(c)To take possession of any or all Items of equipment,wherever same may be located,without any court order or other process of law You hereby waive any and all damages occasioned by such
taking of possession Any said taking of possession shall not constitute a termination of this Agreement as to any or all items of equipment unless We expressly notify You in writing(d)To terminate this Agreement
as to any or all items of equipment(a)To pursue any other remedy at law or in equity Notwithstanding any said repossession,or any other action which We may take,You shall be and remain liable for the full
performance of all obligations on the part of You to be performed under this lease All such remedies are cumulative and may be exercised concurrently or separately
15 CONCURRENT REMEDIES No right or remedy of Ours is exclusive of any other right or remedy Each is cumulative of every other right or remedy given,or now hereafter existing at law,and may be enforced
concurrently,separately,or in sequence
16 ASSIGNMENT You agree not to sell,assign,lease,sublease,pledge or allow any ben or encumbrance against any interest in this Agreement or the Equipment without Our prior written consent,which will be
withheld if (1)it would eliminate or decrease Our tax exempt yield or,(2)it would,in Our sole judgment,diminish the prospects for repayment You agree that We may assign,in whole or In part,Our right,title and
Interest in this Agreement or the Equipment to one or more third parties and shall be free of all defenses,set-offs or counterclaims of any kind which You may be entitled to assert against Us Any such assignee will
have Our rights under the Agreement but not the obligations Any assignee of Us may reassign its interest in this Agreement and/or the Equipment to any other person who,thereupon,shall be deemed to be Our
assignee
17 UNIFORM COMMERCIAL CODE You acknowledge that this Agreement secures a purchase money security i Its k in such equipatard as set forth and enforceable under the Uniform Commercial code,ant
authorizes Us at Our option to(i)file one or more financing statements signed only by Us,or(u)file a copy of this Agreement with the appropriate state and local authorities at any time as We shall deem necessary
to fully protect the security interest herein granted to it by You and charge you a fee of S35 00 You hereby authorize Us as secured party or its agent or assignee to sign and execute on its behalf any and all
necessary UCC-1 forms to perfect the purchase money security interest herein granted to secured party Any fee charged under this Agreement may include a profit
a
18 NONAPPROPRIATION You may terminate this Agreement at the end of any fiscal year if the following events shall have occurred
(a)In the event funds are not budgeted and appropriated in any fiscal year for Lease Payments due under this Agreement for the succeeding fiscal year,or for the acquisition of services,equipment or functions,
which in whole or in part are essentially the same as those being leased hereunder,this Agreement shall impose no obligation on You as to such succeeding fiscal year and shall become null and void except as to
the Lease Payments herein agreed upon for which funds will have been appropriated and budgeted,and no right of action or damage shall accrue to Our benefit,Our successors and assigns,for any further
payments,
(b)If the provisions of Section(a)are utilized by You,You agree to Immediately notify Us or Our assignee of this Agreement that funds are not budgeted and appropriated,end to peaceably surrender possession of
the equipment to Us or Our assignee
(c)You made all payments due during the fiscal penod Immediately preceding the fecal period for which sufficient funds were not appropriated
(d)Any early termination due to non-appropriation must be at the end of Your then-current fiscal year
19 CHOICE OF LAW,JURY TRIAL WAIVER This Lease will be governed and construed in accordance with the laws of the state where You are located To the®dent permitted by law,You agree to waive Yolr
rights to a trial by jury
X
DATED CUSTOMER SIGNATURE TITLE
24678-07/09/2008
W1106
Associated Portland-Salem-Eugene -Roseburg
Seattle - Tacoma -Klamath Falls
Fanarica/Abou!Service Grants Pass-Medford-Bend-Spokane
EQUIPMENT&SUPPLIES ORDER FORM
_ City of Kent-IT Department-Copier Division City of Kent-Public Works
- 220 4th Avenue,2nd Floor 5821 S. 240th Street
Kent WA 98032 Kent WA 98032
•
O C O SA ONTi ' - PHON )CMTOMERNO:
Paul Dunn 253-856-4611 • Service Desk 253-856-42E5
DESCRIPTION(INCLUDE SERIAL NO) OTY UNIT PRICE NET AMOUNT
Ricoh MP 2550 SP w/ARDF Doc Feed, Finisher, Hole Punch, Bridge Unit and Paper Bank $
Delivery and Installation $
See Lease $
$
$
$
SUB TOTAL $INOIL
-
DESCRIPTION CITY UNIT PRICE NETAMOUNT
$
SUB TOTAL $
TERMS Unless specified differently above terms will be (1)Equipment,net receipt of invoice,(2)Supplies, net 30 days Should the TOTAL AMOUNT
TERMS
not be met a Financial Charge of 1 5%per month will be added if an agreement to that effect exists,otherwise,the statutory OF ORDER
maximum interest rate shall apply $
ACCEPTANCE This Agreement is no slid until accepted by the General Manager,Controller,or President of ABS THIS IS A TAXES IF
BINDING ORDER, not subject to ca Ilation This order cannot be Changed except in writing by an ABS officer THIS ORDER IS APPLICABLE
SUBJECT to th s& itio agreed to and made a part of the order $
CUSTOMERLESS DEPOSIT
CK
NO
Wade Ralley
2/24/2009 ABS Confidential 5 15 PM
Associated Business Systems APPLICATION NO. GONTRACT NO
Exhibit "B" 1103234
PAYMENTAND AMORTIZ4TIOAl TABLE:
Payment# Pnncipal Interest Total Principal Balance
01 107.39 54.68 162.07 6,375.61
02 108.29 53.78 162,07 6,267.32
03 109.21 52.86 162.07 6,158.11
04 110.13 51.94 162.07 6,047.99
05 111.06 51.01 162.07 5,936.93
06 111.99 50.08 162.07 5,824.94
07 112.94 49.13 162.07 5,712.00
06 113.89 48.18 162.07 5,598.11
09 114 85 47.22 162.07 5,483.26
10 115.82 46.25 162.07 5,367.44
11 116.80 45.27 162.07 5,250.64
12 117.78 44.29 162.07 5,132 86
13 118.78 43.29 162.07 5,014.09
14 119.78 42.29 162.07 4,894.31
15 120.79 41.28 162.07 4,773.52
16 121.81 40.26 162.07 4,651.72
17 122.83 39.24 162.07 4,528.88
18 123.87 38.20 162.07 4,405.01
19 124.91 37.16 162,07 4,280.10
20 125.97 36.10 162.07 4,154.13
21 127.03 35.04 162.07 4,027.10
22 128 10 33.97 162.07 3,899.00
23 129.18 32 89 162.07 3,769.81
24 130.27 31.80 162.07 3,639.54
25 131.37 30.70 162.07 3,508.17
26 132.48 29,59 162.07 3,375.69
_ 27 133.60 28.47 162.07 3,242.10
28 134.72 27.35 162.07 3,107.37
29 135.B6 26.21 162.07 2,971.51
30 137.01 25.06 162 07 2,834.51
31 138.16 23.91 162 07 2,696.34
32 139.33 22.74 162 07 2,557.02
33 140.50 21.57 162.07 2,416.52
34 141.69 20.38 162.07 2,274.83
35 142.88 19.19 162 07 2,131.95
36 144.09 17.98 162.07 1,987.86
37 145,30 16.77 162,07 1,842.56
38 146.53 15 54 162.07 1,696 03
39 147.76 14.31 162.07 1,548.26
40 149.01 13.06 162.07 1,399 25
41 150.27 11.80 162.07 1,248.99
42 151,54 10 54 162.07 1,097.45
43 152.81 9.26 162.07 944.64
44 154.10 7 97 162.07 790.54
45 155.40 6.67 162.07 635.13
46 156.71 5.36 162,07 479.42
47 158.03 4.04 162.07 320.39
48 159.37 2.70 162.07 161.02
49 161.02 1.05 162.07 0.00
This Exlnbit"B"is hereby verified as correct by the an4crsigited,wlio ackitowledges r ipt a en f
Customer ClY 0 e✓! S4nroX � / Tille "`tre(W�e,AL 3li°GS H��Z
Customer. Si4rlattueX Tille,
Form 8038-GC Information Return for Small Tax-Exempt
Governmental Bond Issues, Leases, and Installment Sales OMB No,1545-0720
(Rev November 2000) ► Under Internal Revenue Code section 149(e)
Department of the Treasury Internal Revenue semcc Caution:if the Issue price of the Issue is$100,000 or more, use Form 0038-G
•
Reporting AuthorityCheck box if Amended Return► ❑
1 Issuer s name 2 Issuer's employer identi lcation number
CITY OF KENT CJO L{
3 Number and street(or P.O.box if mad Is not delivered to street address) Room/suite
220 4TH AVENUE
4 City,town,or post office,state,and ZIP code 5 Report number
KENT,WA 98032 5
6 Name and title of officer or legal representative whom the IRS may call for more informobon 7 Telephone number of oM=ur kpl ieprmithOre
PAUL DUNN ( 253 )856-4611
FOM Description of Obligations Check if reporting: a single issue Q or on a consolidated basis ❑
Be Issue price of obligation(s)(see Instructions). . . . . . . . . . . . . . . . . . 77-71
Ba 6483.00
b Issue date(single issue)or calendar year(consolidated)(see instructions) ► . .................
9 Amount of the reported obligation(s)on line Ba:
a Used to refund prior issue(s) ,
9a
b Representing a loan from the proceeds of another tax-exempt obligation(e.g, bond bank) , 9b
10 If the Issuer has designated any issue under section 265(b)(3)(B)()(Ili) (small issuer exception), check this box ►❑
11 If any obligation is in the form of a lease or installment sale, check this box , . . . . . . . . . . . . . ►❑
12 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check this box ►❑
Under penalties of perjury,I declare that I have examined this return and accompanying schedules and statements,and to the best of my knowledge
Slgr, and belief they are it e,cor c[,and complete
Here
Iss er's out razed rep esentaUvs Date Type or print name and tide
General Instructions Thus, an Issuer may file a separate Form Other Forms That May Be Required
8038-GC for each of a number of small For rebating arbitrage(or payin a penalty In
Section references are to the Internal Issues and report the remainder of small lieu of arbitrage rebate)to the federal
Revenue Code unless otherwise noted Issues Issued during the calendar year on one government,use Form 8038-T,Arbitrage
consolidated Form 8038-GC However, a Rebate and Penalty in Lieu of Arbitrage
Purpose of Form separate Form 8038-GC must be filed to give Rebate For private activity bonds,use Form
Form 8038-GC is used by the Issuers of the IRS notice of the election to pay a penalty 8038,Information Return for Tax-Exempt
tax-exempt governmental obligations to in lieu of arbitrage rebate Private Activity Bond Issues.
provide the IRS with the information required Fi
le ite
When
by section 149(e)and to monitor the Rounding to Whole Dollars
requirements of sections 141 through 150. To file a separate return,file Form 8036-GC You may show the money items on this
on or before the 15th day of the second return as whole-dollar amounts.To do so,
Who Must File calendar month after the close of the
drop any amount less than 50 cents and
Issuers of tax-exempt governmental calendar quarter in which the issue is issued. Increase any amount from 50 to 99 cents to
obligations with issue prices of less than To file a consolidated return,file Form the next higher dollar
$100,000 must file Form 8038-GC 811 on or before February 15th of the
Issuers of a tax-exempt governmental calendar year following the year in which the Definitions
obligation with an issue price of$100,000 or Issue is issued, Obligations.This refers to a single
more must file Form 803a-G,Information Late filing.An issuer may be granted an tax-exempt governmental obligation if Form
Return for Tax-Exempt Governmental extension of time to file Form 8038-GC under 8038-GC is used for separate reporting or to
Obligations Section 3 of Rev Proc,88.10,1988-1 C B multiple tax-exempt governmental obligations
Filing a separate return.Issuers have the 635, if it is determined that the failure to file If the form Is used for consolidated reporting
option to file a separate Form 8038-GC for on time Is not due to willful neglect.Type or Tax-exempt obligation.This is a bond,
any tax-exempt governmental obllggatlon with print at the top of me form, "This statement Instaliment ppurchase agreement,or financial
an Issue price of less than$100,D00. s Submitted m Accordance with Rev Proc. lease,on whlch the Interest Is excluded from
88-10"Attach to the Form 8038-GC a letter103
An Issuer of atax-exempt bond used to briefly stating why the form was not Income under section ent
finance construction expenditures must file a submitted to the IRS on time Also indicate Tax-exempt governmental obligation.A
separate Form 8038-GC for each issue to whether the obligation in question is under tax-exempt obligation that is not a private
give notice to the IRS that an election was examination by the IRS Do not submit copies activity bond(see below) Is a tax-exempt
made to pay a penalty in Ileu of arbitrage of any bond documents,leases, or Installment governmental obligation.This includes a bond
rebate(see the line 12 Instructions) sale documents See Where To File below Issued by a qualified volunteer lire
Filing a consolidated return.For all department under section 150(e)
tax-exempt governmental obligations with Where To File Private activity bond.This Includes an
issue prices of less than$100,000 that are File Form 8038-GC,and any attachments, obligation Issued as part of an issue in which
not reported on a separate Form 8038-GC, with the Internal Revenue Service Center, • More than 10%of the proceeds are to be
an issuer must file a consolidated Information Ogden, UT 84201 used for any p ivate a livity business use.
return Including all such Issues Issued within and
the calendar year
Cat.No 64108E Form 8038—GC (Rev.11.2000)
Portland- Salem - Eugene - Roseburg
Associated Seattle - Tacoma -Klamath Falls
Grants Pass- Medford- Bend- Spokane
Fanatical About Service
rev9io7
MAINTENANCE AGREEMENT
Customer PO# ABS Customer#
Customer Bill-To: Customer Ship To:
City of Kent-IT Dept Copier Division City of Kent-Public Works
Customer Name Customer Name
220 4th Avenue, 2nd Floor 5821 S. 240th Street
Street Address Street Address
Kent WA 98032 Kent WA 98032
City State Zip City State Zip
253-856-4611 253-856-4266
Phone Fax Phone Fax
Paul Dunn Service Desk
Customer Contact Customer Contact
Email Address Email Address
Maintenance Agreement Coverage:
For an annual, quarterly or monthly base charge plus overage charge, if any,ABS'factory trained personnel will render service on the below listed equipment
during regular business hours in accordance with the terms and conditions set forth on the front and reverse side of this Agreement
2
MODEL SERIAL NUMBER Service ID Start Meter Image Base Charge Overage Charge
Allowance (Per Image)
Ricoh 2550 SPF Install 0 $ - $ 0.00850
Color Meter Allowance 1 / t
Comments State Contact Pricing _ Z1�� �� Al ` ey'?Lyc, 4,r W1P.�t,2- Zecc ks
31 Base Charge and Overage
Base Billing-Select One Option Overage Billing in Arrears Term-Select One Option Select gj that Apply
r Quarterly Base Billing Select One Option {o 60 Months C: BLACK Toner Inclusive Coverage
ro Monthly Base Billing r Quarterly r 48 Months C BLACKToner NON-Inclusive Coverage
r39 Months r COLOR Toner Inclusive Coverage
C Annual Base Billing Monthy r 36 Months
r Other r Other r COLOR Toner NON-Inclusive Coverage
t Other
�' Drum Inclusive Coverage
Customer Agrees to pay an additional$19 95 per month per machine for initial Network Install and uUmr NON-Drum InCIuSNe Coverage
un Imited IT Service Labor IT Service Labor covers on-site and phone support for the equipment
covered under this Agreement IT Service Labor and Network Installs are conducted in accordance
with the Terms and Conditions set forth in this Agreement and stated herein and on the reverse side
hereof Agreement Start Date
Customer agrees to pay$39 95 per month for Customer agrees to pay for automated mete
@Remoter""automatic meter collection services Up cc scion services per device $0 99 per device Install
to 100 device meters collected at no additional fee will be charged per bdliing cycle Agreed total Month/Dsy/Year
number of device meters to be
collected Agreed to ee
4 This Maintenance Agreement is non-refundable,non-transferable and non-cancelabl
This Agreement shall not be effective unless signed by customer ppp
and Associated Business System's Contract Management Custo err Ac ptance,
Wade Railey Bellevue 3 0
ABS Sales Representative Branch Signature D fe
Accepted By ABS Contract Management Date Printed Name
I have read and understand our obligations under the banns and condtons sued herein and on the
Phone 503-244-4800/600-5674807 Fax 503-244-1015/877-505-0280 reverse side hereof as the only agreement pertaining ts the equipment hereunder Nc other Agreements
www associatedbusiness cam apply unless expressy noted on the face of this Agreement or an other contracts specified
MAINTENANCE AGREEMENT rev9107
Terms and Conditions
1 GENERAL SCOPE OF COVERAGE This Agreement covers for adjustments, repair and 10 TERM This Agreement becomes effective upon the date indicated in the"Agreement Start
replacements of parts as required by normal use of the equipment,subject to the exceptions in and Date"space thereon,and shall continue for the period as specified on the face of this Agreement
in accordance with these terms and conditions This agreement does not cover charges for Unless Customer furnishes ABS with thirty(30)days advance written notificaion of their desire to
mstallmion of equipment or de-installation of equipment if rt is mined Damage to the equipment cancel this Agreement it will automatically renewed for a period of one year once the specified term
or its parts arising out of or mused by misuse,abuse,negligence,attachment of unauthorized has been exceeded
components, accessories or parts, use of substandard paper or substandard supplies or other
causes beyond the control of ABS are net covered by this Agreement and may subject Customer 11 EVENT OF DEFAULT Arm TERMINATION. The occurrence of the following shall constitute an
to a surcharge or to cancellation of this Agreement In addition, ABS may terminate the Event of Default The customer fails to pay any portion of the charges for maintenance of parts,as
Agreement if the equipment is modified,damaged,altered or serviced by personnel other than the provided under the Agreement when due,or Customer falls to duly perform any covenant,condition
ABS Authorized Personnel, or if parts, accessories or components not meeting machine of Irommon of this Agreement Upon the Event of Default,ABS may, (I)refuse to sett ice the
specifications are fitted to the equipment This Agreement does not cover charges for repairs to equipment,(u)furnish service on C O D "Per Call"basis based upon published rates in effect at the
print controllers or repairs due to Customer or third party modifications to software or hardware time of service,(in)terminate this Agreement Within 60 days of the expiration or termination of this
Agreement,ABS shall submit to Customer an itemized invoice for any fees of expenses,including
2 SERVICE CALLS Service calls under this Agreement will he made during normal business any Per Call fees,theretofore accrued under this Agreement Except as otherwise provided herein
hours,8 am to 5 p in Monday through Ends),at the installation address shown on the reverse Customer,upon payment of accrued amount so invoiced,shall thereafter have no further liability or
side of this Agreement Travel and labor time for service calls after normal business hours,on obligation to ABS whatsoever for any further fees a expenses wising hereunder In the event ABS
wcekends and on holidays,if and when available,will be charged at the published overtime rates terminates the Agreement because of the breach of Customer,ABS shall be entitled to payment for
in effect at the time the service call is made ABS Representatives will not handle,disconnect or work in progress plus reimbursements for out of pocket expenses
repair unauthorized attachments or components,Customer is responsible for disconnecting and
reconnecting unauthorized attachments or components Customer hereby indemnifies and holds 12 LxiDEMNITY Customer shall indemnify,save and hold ABS,it's affiliates,officers,directors,
ABS and its Representatives harmless for claims for damages to any unauthorized parts, shareholders,employees, agents and representatives and their successors and assigns them(ABS
components or accessories resulting from service performed on ABS equipment Labor performed Parties)harmless from end against any liability,loss,cost,expense or damage whatsoever caused by
during a service call includes lubrication and cleaning of the equipment and the adjustment,repair reason of any breach of this Agreement by Customer or by reason of any injury whether to body,
or replacement of parts described below property,business,character or reputation sustained by ABS Parties or to any other person by reason
of any act,neglect,omission or default by Customer Customer shall defend any action to which this
3 UNLD.HTEO I T SERVICE LABOR IF TMIS OPTIONAL SERVICE HAS BEEN SELECTED AND indemnity shall apply In the event Customer fails to defend such action ABS may do so and recover
PAM FOR BY THE CUSTOMER IT ENCLwss,All network labor directly related to the equipment from Customer in addition,all costs and expenses including attorney's fees in connection therewith
listed on this agreement 'I T Services Labor"shall be defined as the following relating to ABS shall be entitled to recover from Customer all costs and expenses,including,without limitation,
Scanning, Printing or other networked functions of the equipment Basic initial network attorney's fees and disbursements,incurred by ABS in connection with actions taken by ABS or it's
installation (if not included in purchase/lease of equipment listed above), installing/updating representatives (I) to enforce any provision of this Agreement, (II)to affect any payments or
drivers,adding new workstations for networked functions,re-installing network connections if collections provided for herein,(III)to institute,maintain,preserve,enforce and foreclose on ABS'
customer's network fads,troubleshooting as it relates to errors caused by the equipment(not the security interest in or Iran on the goods,whether through judicial proceedings or otherwise or(IV)to
customer's network) Services will only be enlisted after an A13S equipment technician defend or prosecute any proceedings arising out of or relating to anti ABS transactions with
deterrnines that a network issue,not the machine itself,causes the error Any services performed Customer The foregoing provisions of this Paragraph 11 shall survive the termination or expiration
outside of the limits of the definitions above(ex network consulting not related to lire equipment of this Agreement
above)will be chargeable to the customer at a rate of$99,1hour This Optional I T Service IS
only available for Agreements with a term that is 36 months or greater 13 FULL AGREEMENT' This Agreement constitutes the entire agreement between the parties
pertaining to the subject matter hereof and supercedes all prior agreements, understandings,
4 REPAIR Asti REPLACEMENT OF PARTS. All parts necessary to the operation of the negotiations and discussions,whether oral or written, of the parties, and may not be added to,
equipment,due to normal wear and tear,with the exception of the parts listed below and subject modified,supplemented or waned many way except in writing signed by both parties(other than
to the general scope of coverage,will be furnished free of charge during a senice call included in pricing changes provided for herein)
the maintenance service provided by this Agreement Exceptions we Photoconductors(I a copy
drums unless the copier or fax is covered by a Full Coverage Maintenance Agreement)unless 14 SUCCESSORS AND ASSIGNS,TERMINATION This Agreement shall be binding on the parties
otherwise stated in this Agreement ABS resenes Inc right to charge for parts,freight,handling hereto,their heirs, successors, and assigns However, Customer may not assign this Agreement
and fuel without the consent of ABS
5 RECONDTTIDN] i Rebuilding or major overhauls me not covered by this Agreement In 15 SEPAIustl.rrY of PRovsstoNe: Each provision of this Agreemew Shall be considered
addition,when in its sole discretion ABS determines that a reconditioning is necessary,as a result separable,and,if for any reason any provision that is not essential to the effectuation of the basic
of expected wear and tear of materials and age factors caused by normal office environment purposes of this Agreement is determined to be mval d and contrary to any existing or future law,
usage,in order to keep the equipment in working condition,ABS will submit to the Customer an such invalidity shall not impair the operation of or affect those provisions of this Agreement that are
estimate of needed repairs and their cost which will be in addition to the charge payable under valid
this agreement If the Customer does not authorize such reconditioning,ABS may discontinue
service of the equipment under this Agreement(refunding the unused portion of the maintenance 16 CouryT RPARTS AND FACaHrm.E SIGNATURES•This Agreement may be executed in several
charge) or may refuse to renew this Agreement upon its expiration Thereafter, the ABS counterparts, each of which shall be deemed to be an original and all of which together shall
Representative may make service available on a"Per Call"basis based upon published rates in constitute one Agreement binding on all parties hereto,notwithstanding that all the parties lime not
effect at the time of service signed the same counterpart A faxed signature of this Agreement bearing authorized signatures may
be treated as an original
6 USE of ABS SUPPLIES-If the Customer uses other than ABS supplies and if such supplies
are defective or unacceptable for uses in ABS machines and cause abnormally frequent service 17 W GIVER OF JURY TRIAL ALL PARTIES HERETO HEREBY IRREVOCABLY
calls or service problems, then ABS may, at its option, assess a surcharge or terminate this WANE(a)THE RIGHT TO TRIAL BY JURY,AND(b)THE RIGHT TO INTERPOSE ANY
Agreement In this event,the Customer may be offered service on a"Per Call"basis based upon AND ALL COUNTERCLAIMS IN ANY ACTION,PROCEEDING OR CLAIM ARISING OUT
published rates It is not a condition of this Agreement,however,thin the Customer use only ABS OF OR PERTAINING TO THIS AGREEMENT
authorized supplies
18 Jt1RlsnIcxtoN All parties hereby consent and wiuntaNy submit to personal jurisdiction in
7 SUPPLY INCLUSIVE CONTRACTS.If supplies are included in the senwe provided under this the State of Oregon and in the courts in such State located in Washington County in any proceeding
Agreement, ABS will Supply black toner, ink and developer, unless otherwise stated in this wising out of or relating to this Agreement
Agreement to the Customer based upon normal yields The Agreement does not include
consumable supply items such as paper and staples All normal print yields are predicated on an 19 Hold Harmless In no event shall ABS be liable for any damages whatsoever, including
"8 i/x 11"sheet with 5%text coverage If the Customer's usage of supplies exceeds the normal without limitation,special,incidental,consequential,or indirect damages for personal injury,loss of
yields for the equipment being serviced,ABS will invoice and the Customer agrees to pay,for the business profits,business interruption,loss of business information arising out of or inability to use
excess supplies at ABS'current retail prices then in effect ABS reserves the right to charge for this product ABS is not liable for any claim made by a third party or made by you for a third parry
supplies,freight,handling and fuel The Customer acknowledges that the service coverage is such that the equipment may continue to
provide copies but not function as a printer The Customer shall be liable for these types of repairs
8 ELECTRICAL In order to insure optimum performance by the ABS equipment, it is unless covered by a network connectivity maintenance agreement Specifically,this Agreement Is
mandatory that specific models be plugged lino a dedicated line and they must comply with applicable to print volume only services and excludes help desk support,network support,software
manufacturer electrical specifications These power standards are required by UL and/or local application support and any other connectivity support services
safety regulations
20 FORCE bfnuEnRE• ABS shall not be liable to Customer for any failure or delay caused by
9 CHrkRGES The initial non-refundable charge for maintenance under this Agreement shall events beyond ABS'control,including,without limitation,Customer's failure to furnish necessary
be the amount set forth on the reverse side of this Agreement ABS reserves the right to increase information, sabotage,failure or delays in Tansportation or communication,boycotts,embargoes,
the Base Charge and Overage Charge of this agreement upon renewal or annually for a multi-year failures or substitutions of equipment, labor disputes, accidents, shortages of labor, fuel, raw
agreement Customer shall pay all charges within 10 days of invoicing If a collection matter materials,machinery,or equipment,technical failures,fire,storm,food,earthquake,explosion,acts
occurs,customer agrees to pay court costs and any reasonable mtomeys fees Interest will be of the public enemy,war,insurrection,not,public disorder,epidemic,quarantine restrictions,acts of
charged at I Ys%per month after thirty(30)days on any unpaid balance ABS reserves the right God,acts of any go}ernment or any quasi-governmental authority,instrumentally or agency
to withhold service or cancel this Agreement if a customer's account is over sixty (60)days
delinquent If equipment is moved to a new ABS service territory,ABS shall have the option to 21 NO WARRANTY ABS DISCLAIMS ALL WARRANTIES,EXPRESSED OR IMPLIED,
charge,and the Customer agrees to pay the difference in published maintenance charges between INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TECHNICAL
the current territory and the raw territory(on a pro-rate basis) If equipment is moved beyond COMPATABILITY, FITNESS FOR USE, OR FITNESS FOR A PARTICULAR PURPOSE
ABS's service territory,ABS reserves the right to cancel or the Customer agrees to pay a fair and CUSTOMER AGREES THAT ABS IS NOT RESPONSIBLE FOR DIRECT,INCIDENTAL OR
reasonable up-charge for continued service,taking into account the distance to Customer's new CONSEQUENTIAL DAMAGES INCLUDING,BUT NOT LIMITED TO,THE LOSS OF USE OF
location and the published rates of ABS for service on a"Per Call"basis ABS reserves the right THE EQUIPMENT
to charge for shipping,freight,handling and fuel ABS reserves the right to charge for scans
annually at a rate o£$0 0025 per scan 22 INSURANCE Customer shall obtain and maintain,at it's own expense,msuranw relating to
claims for injury and/or property damage(including commercial general liability insurance)based on
its use of the equipment,goods and machinery