HomeMy WebLinkAbout2009-316ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE LEASE OF FIFTY FOUR (54) DEPARTMENTAL MONOCHROME/DIGITAL COPIERS
AS APPROVED BY THE U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE
(US COMMUNITIES CONTRACT # 58795) DIVISION; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4386-
CONVENTIONAL COPIER/MULTI-FUNCTIONAL DEVICE PROGRAM AWARDED TO
RICOH BUSINESS SOLUTIONS, INC. IN THE ANNUAL ESTIMATED AMOUNT OF $88,456
FOR AN ESTIMATED THREE YEAR TOTAL OF $265,368).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID
NUMBER VENDOR AMOT TNT
4386 Ricoh Business Solutions, Inc. $265,368
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written
agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this �h day of 32009.
MARK\A. ROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
5-ORD-
MASTER TERMS AND CONDITIONS
OF LEASE AGREEMENT
U.S. Communities Contract ID 58795
For Multifunction Printers and Copiers
1. LEASE OF EQUIPMENT. This Master Terms and Conditions of Lease Agreement
(this "Lease Agreement') between Ricoh Americas Corporation ("Ricoh') and the entity
identified below as Customer is executed pursuant to the Master Agreement with the
City of Los Angeles ("City") on behalf of U.S. Communities Government
Purchasing Alliance and all public agencies, non -profits and higher education
entities ("Participating Public Agencies") that elect to elect to lease Multifunction
Printers and Copiers under the Master 'Agreement (Contract ID 58795), and
establishes the general terms and conditions under which Ricoh or a third party Lessor
assignee (a "Lessor') may, from time to time, lease Equipment (as hereunder defined)
to Customer. If so assigned by Ricoh to a Lessor, the term "Ricoh" shall also mean and
include such third party Lessors assignee as to Ricoh's rights, remedies and
entitlements hereunder and each Order Agreement (as hereunder defined) so assigned,
but not Ricoh's obligations. The terms hereof shall be deemed to form a part of each
Order Agreement for Lease (each, an "Order Agreement's executed by the parties which
references this Lease Agreement. "Equipment" shall mean items of equipment,
accessories and softvvare set out in any Order Agreement. Ricoh agrees to lease the
Equipment to Customer on the terms and conditions contained herein and as set forth
on the Order Agreement. Customer promises to pay to Ricoh an Equipment Payment
and, if applicable, a Maintenance Payment (together the `Lease Payment) set forth in
the Order Agreement. Each Order Agreement shag constitute a separate assignable
lease agreement incorporating all of the terms hereof. In the event of a conflict between
the terms and conditions of any Order Agreement and the provisions hereof, the
provisions of the Order Agreement shall prevail.
2. TERM AND LEASE. This Lease Agreement shag become effective upon
acceptance and execution by Ricoh and shall remain effective at least until the
expiration of the Term of the last Order Agreement hereunder. Each Order Agreement
goes into effect on the date Lessee signs Ricoh's Delivery and Acceptance form or
otherwise acknowledges that the Equipment has been installed in good working order
and has been accepted by the Lessee (the "Effective Date'.
Each Order Agreement is effective on the date that it is accepted and signed by
Ricoh, and the term of each Order Agreement begins on that date or any later date that
Ricoh designates (the "Commencement Date') and continues for the tenn stated on the
Order Agreement. As Customer will have possession of the Equipment from the date of
its delivery, if Ricoh accepts and signed the Order Agreement, Customer will pay Ricoh
interim rent for the period from the date the Equipment is delivered to Customer and the
Commencement Date, as reasonably calculated by Ricoh based on the Lease Payment,
the number of days in that period, and a month of 30 days.
Lease Payments will be due as invoiced until the balance of the Lease Payments
and any additional Lease Payments or expenses chargeable to Customer under the
Order Agreement are paid in full. Customer may cancel an Order Agreement at any
time during the lease period, provided that Customer shall n deliver notice to Ricoh of
such cancelation at least thirty (30) days prior to the effective date of cancelation and (i)
agree to surrender possession of the Equipment to Ricoh. In the event of cancelation as
provided hereunder, Customer shall pay to Ricoh all amounts due and payable to Ricoh
for the term of an Order Agreement.
Customer may cancel an Order Agreement for cause and withhold Lease
Payments due under any Order Agreement provided that Customer has (D documented
the specific non-perfomrance; (ii) the breach of performance is material and affects the
functionality of the Equipment; and (i) Ricoh has failed to cure such breach within thirty
(30) days following written notice of breach.
Except where City is a party to the Lease Agreement, neither City nor any other
Participating Public Agency that is not a party to the Lease Agreement shall have any
obligation to Ricoh for any payments which may become due to Ricoh from Customer.
All payments shall be made to Ricoh at the address indicated by Ricoh in writing.
3. REPAIR AND MAINTENANCE. If an Order Agreement includes repair and
maintenance services, such services shall be provided pursuant to the terms of the
Terms and Conditions for Maintenance Services as set forth in the Participation
Agreement between Customer and Ricoh.
4. TITLE, PERSONAL PROPERTY, LOCATION AND INSPECTION. Unless
Customer has been granted a $1.00 purchase option under the applicable Order
Agreement, Ricoh owns the Equipment and Customer has the right to lease the
Equipment for the full Lease Term provided the Customer complies with the terms and
conditions of the Order Agreement and this Lease Agreement. For all purposes under
the Order Agreement and this Lease Agreement, the Equipment is and shall remain
personal property even though the Equipment may become attached to any real estate.
Customer agrees not to permit a lien to be placed upon the Equipment or to remove the
Equipment from its place of installation without Ricoh's prior written consent, which
consent shall not be unreasonably withheld. If Ricoh feels it is necessary, Customer
agrees to provide Ricoh with waivers and interest of liens, from anyone claiming any
interest in the real estate on which any item of Equipment is located. Ricoh also has the
right, at reasonable times, to inspect the Equipment.
5. ASSIGNMENT. WITHOUT PRIOR WRITTEN CONSENT OF RICOH, WHICH
CONSENT SHALL NOT BE UNREASONABLY WITHHELD WITH RICOH ACTING AS
A COMMERCIALLY REASONABLE AND PRUDENT LESSOR GIVEN ALL OF THE
FACTS AND CIRCUMSTANCES THEN KNOWN TO RICOH, CUSTOMER SHALL
NOT n ASSIGN, TRANSFER, PLEDGE OR HYPOTHECATE THIS LEASE AGREEMENT
OR ANY ORDER AGREEMENT, THE EQUIPMENT OR ANY PART THEREOF OR
ANY INTEREST THEREIN OR iiSUBLET OR LEND THE EQUIPMENT OR PERMIT IT
TO BE USED BY ANYONE OTHER THAN CUSTOMER AND CUSTOMER'S
EMPLOYEES. Ricoh may assign this Lease Agreement or any Order Agreement and the
Equipment to a Lessor and its rights, remedies and entitlements thereunder (but not
Ricoh's obligations), at any time in whole or in part, without notice to the Customer.
Customer shall not assert against any assignee Lessor, any claim or defense it may
have against Ricoh, but rather shall assert the same only against Ricoh. No assignment
of this Lease Agreement or any Order Agreement shall release Ricoh from any obli-
gations Ricoh may have to Customer. In the event this Lease Agreement or any
Order Agreement is assigned by Ricoh to a Lessor, the following provisions are
also applicable:
(a) Selection of Equipment/Disclaimer of Warranties: Customer has selected
the Equipment and the supplier from whom Lessor agrees to purchase the Equipment at
Customer's request. Lessor is not the manufacturer of the Equipment and Lessor is
leasing the Equipment to Customer "AS -IS". Customer has selected the Equipment and
Lessor MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. Lessor transfers to Customer for the term of a Order Agreement all
warranties, if any, made by Ricoh. CUSTOMER ALSO ACKNOWLEDGES THAT NO
ONE IS AUTHORIZED TO WAIVE OR CHANGE ANY TERM, PROVISION OR
CONDITION OF THIS LEASE AGREEMENT OR ANY ORDER AGREEMENT AND,
EXCEPT FOR THE RICOH WARRANTIES, MAKE ANY REPRESENTATION OR
WARRANTY ABOUT A ORDER AGREEMENT OR THE EQUIPMENT. LESSOR
SHALL NOT BE LIABLE FOR ANY DELAYS IN MAKING DELIVERIES OR REPAIRS
NOR IN ANY EVENT FOR SPECIAL, RESULTING OR CONSEQUENTIAL DAMAGES
OR LOSS OF PROFIT OCCASIONED BY ANY BREACH OF WARRANTY OR
REPRESENTATION OR RESULTING FROM THE USE OR PERFORMANCE OF THE
EQUIPMENT. CUSTOMER'S OBLIGATION TO PAY IN FULL ANY AMOUNT DUE
UNDER A ORDER AGREEMENT WILL NOT BE AFFECTED BY ANY DISPUTE,
CLAIM, COUNTERCLAIM, DEFENSE OR OTHER RIGHT WHICH CUSTOMER MAY
HAVE OR ASSERT AGAINST RICOH.
IN THE EVENT THE PERIODIC PAYMENTS UNDER AN ORDER AGREEMENT
INCLUDES THE COST OF MAINTENANCE AND/OR SERVICE BEING PROVIDED
BY RICOH, CUSTOMER ACKNOWLEDGES THAT, IF THAT ORDER AGREEMENT
IS ASSIGNED, THE ASSIGNEE LESSOR IS NOT RESPONSIBLE FOR PROVIDING
S:IALLSHARE\AgreementslEquipment Leasing120091U.S. Communities Lease Terms and Conditions MFPs and Copiers -City of Denton.doc
SUCH MAINTENANCE AND/OR SERVICE FOR THE EQUIPMENT. CUSTOMER
WILL MAKE ALL CLAIMS FOR MAINTENACE AND/OR SERVICE SOLELY AGAINST
RICOH AND SUCH CLAIMS WILL NOT AFFECT CUSTOMER'S OBUGATION TO
MAKE ALL PERIODIC PAYMENTS UNDER SUCH ORDER AGREEMENT TO THE
ASSIGNEE LESSOR.
(b) Use, Maintenance and Repair. Customer is required, at its own cost and
expense, to arrange to keep the Equipment in good repair, condition and working order,
except for ordinary wear and tear. All replacement parts used or installed and repairs
made to the Equipment will become Lessors property. Customer may, with Lessor's
prior written consent, make modifications to the Equipment; provided such modifications
do not reduce the value or usefulness of the Equipment or result in the loss of any
warranty or any certification necessary for the maintenance of the Equipment and such
modifications must be easily removable without causing damage to the Equipment.
Before returning the Equipment, Customer agrees to remove such modifications and
restore the Equipment to its original condition. If Customer fails to remove such
modifications, Lessor is deemed the owner of such modifications.
(c) Maintenance and Additional Copy Charge Administration: Customer
acknowledges that Lessor, purely as an administrative convenience to Customer and
Ricoh, may bill, collect and otherwise administer Maintenance Payments on Ricoh's
behalf and agrees that Lessor has no liability or responsibility for the performance
thereof.
(d) The terms and conditions of this Lease Agreement are the only terms and
conditions governing the Lease of the Equipment by Customer and no other agreements
betv✓een Ricoh and Customer will have any effect upon, or otherwise affect, the terms
and conditions of this Lease Agreement.
6. REDEUVERY AND RENEWAL. Upon at least sooty (60) and not more than one
hundred twenty (120) days written notice to Ricoh prior to the expiration of the initial
Term or any Renewal Term of the applicable Order Agreement, Customer at its option
may (i) renew the Order Agreement for an additional term of at least twelve (12) months;
(i) exercise any applicable purchase option as specified in the applicable Order
Agreement; or (ii) return the Equipment, freight and insurance prepaid, to Ricoh in good
repair, condition and working order, ordinary wear and tear excepted, in a manner and
to a location designated by Ricoh. If Customer fails to notify Ricoh or having notified
Ricoh, Customer fails to return the Equipment or exercise one of its other options
provided herein, the applicable Order Agreement shall renew for consecutive sixty (60)
day periods with Lease Payments in effect at the expiration of the initial Term of the
Order Agreement.
7. LOSS OR DAMAGE. Customer is responsible for the risk of loss or destruction
of, or damage to the Equipment. No such loss or damage relieves Customer from any
obligation under a Order Agreement. Customer agrees to promptly notify Ricoh in
writing of any loss, destruction or damage to the Equipment and Customer wdl, at
Ricoh's option, n repair the Equipment to good condition and working order, (i) replace
the Equipment with like equipment in good repair, condition and working order,
acceptable to Ricoh and transfer clear title to such replacement equipment to Ricoh, and
such Equipment shall be subject to the Order Agreement and be deemed the
Equipment, or (ii) pay to Ricoh the present value of the total of all unpaid Lease
Payments for the fun Order Agreement term, plus either the anticipated value of the of
the Equipment at the end of the Order Agreement term as reasonably determined by
Ricoh or any End of Order Agreement Option price stated on the Order Agreement,
whichever is greater (the "FMV'), with the accelerated Lease Payments and the FMV
discounted at 3% per annum, whereupon the applicable portion of the Order Agreement
shag terminate. All proceeds of insurance received by Ricoh as a result of such loss or
damage will be applied, where applicable, toward the replacement or repair of the
Equipment or the payment of Customers obligations. As between a Lessor and
Customer, Lessor is not responsible for any losses or injuries caused by the Equipment.
B. TAXES. Except for tax on Ricoh's income, Customer agrees to pay all license and
registration fees, personal property taxes, sales and use taxes and all other taxes and
charges relating to the leasing, ownership, use, rental, possession, sale and use of
Equipment as part of the Lease Payment or as billed by Ricoh. Where taxes are paid by
Ricoh on Customer's behalf, Customer agrees to reimburse Ricoh for all such
payments, plus interest and reasonable costs incurred in collecting and administering
any taxes, assessments or fees and remitting them to the appropriate authorities.
9. LATE CHARGES. If any Lease Payment or any other amount payable under
any Order Agreement is not paid within 10 days of when due, Customer will pay to
Ricoh a late charge of five percent (5%) of the past due payment or $10.00, whichever is
greater, but only to the extent permitted by applicable law.
10. INSURANCE. Customer will either self insure or provide and maintain at its own
expense n property insurance against the loss, theft, destruction of, or damage to, the
Equipment for its full replacement value, naming Ricoh as loss payee, and (i) public
liability and third party property insurance, naming Ricoh as an additional insured. 11.
DEFAULT. Customer is in default of this Lease Agreement and any Order
Agreement if any of the following occurs: () Customer fails to pay any Lease Payment or
other sum due under any Order Agreement when due; (i) Customer breaches any
warranty or other obligation under this Lease Agreement and fails to cure such breach
within 15 days after notice from Ricoh; (ii) Customer becomes insolvent or unable to pay
Us debts when due; (iv) Customer stops doing business as a going concern; (v)
Customer makes an assignment for the benefit of creditors; (v) Customer undergoes a
substantial deterioration in its financial condition; or (vi) Customer, any guarantor or any
partner shall voluntarily file or have filed against it involuntarily, a petition for liquidation,
reorganization, adjustment or debt or similar relief under the Federal Bankruptcy Code
or any other present or future federal or state bankruptcy or insolvency law, or a trustee,
receiver or liquidator shall be appointed of its or substantial part of its assets.
12 REMEDIES. Ricoh shall have the following remedies if a default should occur to
the extent that such remedies are authorized by the Constitution and laws of the State of
Texas: () Upon written notice, declare the Customer in default and collect all Lease
Payments as the same become due , but only to the extent permitted by law, (i) Charge
Customer interest on all monies due Ricoh at the rate of eighteen percent (18%) per
year from the date of default until paid, but in no event more than the maximum rate
permitted by law, and (Ha) Require that Customer return the Equipment to Ricoh .. Such
return or repossession of the Equipment will not constitute a termination of a Order
Agreement unless Ricoh expressy notifies Customer in writing. In the event the
Equipment is returned or repossessed by Ricoh and Ricoh has terminated the Order
Agreement, Ricoh may sell or re -rent the Equipment to any persons with any terms
Ricoh determines, at one or more public or private sales, with or without notice to
Customer, and apply the net proceeds after deducting the costs and expenses of such
sale or re -rent Customer's obligations to Ricoh with Customer remaining liable for any
deficiency and with any excess being retained by Ricoh. The credit for any sums to be
received by Ricoh from any such rental shall be discounted to the date of the agreement
at five percent (51/6) per year.
Customer agrees that any delay or failure to enforce Ricoh's rights under this
Lease Agreement or any Order Agreement doe's not prevent Ricoh from enforcing any
rights at a later time.
All Ricoh's remedies are cumulative, are in addition to any other remedies pro-
vided by law, and may, to the extent permitted by law, be exercised either concurrently
or separately. The exercise of any one remedy shall not be deemed an election of such
remedy, or preclude the exercise of any other remedy. No failure on Ricoh's part to
exercise any right or remedy and no delay in exercising any right or remedy shall operate
as a waiver of any right or remedy or modify the terms of this Lease Agreement. A
waiver of default shall not be construed as a waiver of any other or subsequent default.
13. WARRANTY OF BUSINESS PURPOSE. Customer hereby warrants and
represents that the Equipment will be used for business purposes, and not for personal,
family or household purposes.
14. UCC FIUNGS AND FINANCIAL STATEMENTS. Customer authorizes Ricoh to
file a financing statement with respect to the Equipment where permitted by the Uniform
Commercial Code ("UCC). The filing of financing statements is not to be construed as
evidence that only a security interest was intended to be created, but is to give public
notice of Ricoh's ownership of or other interest in the Equipment. If any Order
Agreement is deemed at any time to be one intended as security then Customer grants
Ricoh a security interest in the Equipment and the proceeds from the sale, lease or
other disposition of the Equipment.
15. NOTICE. Written notice wgl be deemed to have been given when delivered per-
sonally or the third day after being deposited in the United States mail, postage prepaid,
addressed to such party at its address set forth in this Lease Agreement, in the Order
Agreement or at such other address as such party may have subsequently provided to
the other party in writing. .
16. CHOICE OF LAW. This Lease Agreement and the Order Agreements have been
made in Texas and, except for local filing requirements, are governed by and construed
in accordance with the laws of the State of Texas. Customer irrevocably waives any
right to trial by jury.
17. FOR GOVERNMENTAL ENTITIES ONLY. CUSTOMER COVENANTS: the
Customer covenants and warrants that n it has, in accordance with the requirements
of law, fully budgeted and appropriated sufficient funds for the current budget year to
make the payments Order Agreement to come due and to meet its other obligations
under the Lease Agreement and any Order Agreement and that such funds have not
been expended for other purposes; and (ii) that there is no action, suit, proceeding or
investigation pending, or threatened in any court or other tribunal or competent
S:iALLSHAREVigreementslEquipment Leasing\20091U.S. Communities Lease Terms and Conditions MFPs and Copiers -City of Denton.doc
jurisdiction, state or federal or before any public board or body, which in any way
would (a) restrain or enjoin the delivery of the Lease Agreement and any Order
Agreement or the ability of the Customer to make its Lease Payments (as set out in
the Order Agreement); (b) contest or affect the authority for the execution or delivery
of, or the validity of, the Lease Agreement and any Order Agreement; or (c) contest
the existence and powers of the Customer, nor is there any basis for any such action,
suit, proceeding or investigation; (ii) that the equipment will be operated and
controlled by the Customer and will be used for essential government purposes and
will to be essential for the term of the Lease Agreement and any Order Agreement;
and (iv) Customer has not previously terminated a Lease Agreement and any Order
Agreement for non -appropriation, except as specifically described in a letter
appended hereto.
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 Customer. Signor(s) for Customer
further warrant(s) that 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 goveming body of Customer
authorizing execution of the Lease Agreement and any Order Agreement has been
duly adopted and remains in full force and effect.
NON APPROPRIATION: In the event Customer is in default of the Lease Agreement
and any Order Agreement because (i) funds are not appropriated for a fiscal period
subsequent to the one in which the Lease Agreement and any Order Agreement was
entered into which are sufficient to satisfy all of Customer's obligations under the
Lease Agreement and any Order Agreement during said fiscal period; () such non -
appropriation did not result from any act or failure to act of Customer, (iii) Customer
has exhausted all funds legally available for all payment due under the Lease
Agreement or other due under any Order Agreement; and (iv) thereis no other legal
procedure by which payment can be made to Ricoh. Then, provided that (a)
Customer has given Ricoh written notice of the occurrence of (i) above thirty (30)
days prior to such occurrence; (b) Ricoh has received a written opinion from
Customer's counsel verifying the same within ten (10) days thereafter; and (c)
Customer does 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 Ricoh, at Customer's expense,
Ricoh's 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 Ricoh in its sole discretion
may desire, without any duty to account to Customer.
18. ENTIRE AGREEMENT; SEVERABILITY; WAIVERS. This Lease Agreement and
the Order Agreements contain the entire agreement and understanding. No agreements
or understandings are binding on the parties unless set forth in writing and signed by the
parties. Any provisions of this Lease Agreement or any Order Agreement which for any
reason may be held unenforceable in any jurisdiction shall, as to such jurisdiction, be
ineffective without invalidating the remaining provisions of this Lease Agreement.
19. UCC - ARTICLE 2A PROVISIONS. Customer agrees that each Order Agreement
is a Finance Lease as that term is defined in Article 2A of the UCC. Customer
acknowledges that Ricoh has given Customer the name of the supplier of the
Equipment. Ricoh hereby notifies Customer that Customer may have rights under the
contract with the supplier and Customer may contact the supplier for a description of any
rights or warranties that Customer may have under this Lease Agreement. Customer
also waives any and all rights and remedies granted Customer under Sections 2A-508
through 2A-522 of the UCC including, but not limited to: the right to repudiate any Order
Agreement and reject the Equipment; the right to cancel any Order Agreement; the right
to revoke acceptance of any Order Agreement; the right to grant a security interest in the
Equipment in Customer's possession and control for any reason; or the right to recover
damages for any breach of warranty.
20. FACSIMILE DOCUMENTATION. Customer agrees that a facsimile copy of this
Lease Agreement and any Order Agreements with facsimile signatures may be treated
as an original for purposes of being admissible as evidence of this Lease Agreement or
any Order Agreement. Furthermore, if Customer elects to transmit any Order
Agreement by facsimile, Customer agrees that, if Ricoh elects to do so in its sole
discretion, the only version of such Order Agreements) that will be the original for all
purposes under the Uniform Commercial Code will be the version containing Customer's
facsimile signature and Ricoh's original signature, and Customer waives notice of
acceptance of such Order Agreement(s) and receipt of a copy of the originally signed
Order Agreement(s).
CUSTOM
Signature
Title:
Date:
RICOH AMERICAS CORPORATION
Signature
Title:
Date:
(Please Print)
S:LALLSHARE1Agreements\Equipment Leasing120091U.S. Communities Lease Terms and Conditions MFPs and Copiers -City of Denton.doc
RICOH
U.S. Communities
Contract Number:
58795
LEASE ORDER AGREEMENT
DATE: 1/04/10
Account Number:
Account Number:
Sales Rep Name: Dwight Newby/ 21474
Sales Rep Name: Dwight Newby / 21474
Installer: 50 / RBS Coppell
Order Taker: 50 / RBS Coppell
Address: City -of Denton Purchasing
Address: City of Denton Accounting
Address: 901-B Texas St.
St/Zip: TX / 76209
Address: 215 E. McKinney
St/zip: TX / 76201
City: Denton
County: Denton
City: Denton
County: Denton
Contact: Tom Shaw
Contact: Accounts Payable
Phone/Fax: 940-349-8129
Phone/Fax:
email: tom.shawa_ ityofdenton.com
email:
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rt_
NSC CONTRACT # BILLING PREFERENCE MAINTENANCE BILLED BY
[]SEPARATELY [3 SUMMARY E] Dealer/Branch Ricoh ❑ Leasing Co
BILL START DATE
PO#
PO LIMIT
PO EXPIRE DATE
a m
METER COLLECTION METHOD
SERVICE TERM
36 Months
❑ Auto Fax Remote
MTR FREQUENCY
BILL FREQUENCY
Ricoh Direct E]Customer Provides M Call Customer
Monthly
Quarterly
All Paymcnts arc exclusivc of saIcs and use tax
Tax) xcmpt[:]No [2 Ycs (Attach Excmpt Ccrtificatc by Statc)
Tease Term: [] 12 Month E] 24 Month [0 36 Month L 48 Month El 60 Month El Other
Payments Due: (A Monthly El Other
Purchase Option: E3FhW E110% EJ S1.00 (Do not leave blank. Appropriate box must be checked)
PLE4 SE USE SUPPLEMENTAL ORDER A GREEME.;VT FOR ADDITIONAL UNITS
FULL MAINTENANCE
PROD ID
DESCRIPTION
CITY
UNIT
EXT.
[]Monthly []Annual [2iQuarterly
PRICE
Maintenance
Copy
CPC )Over
CPC
Payment
Allowance
Allowance)
Coin Op Interface
3
20.00
60.00
414376
MP 4000
2
199.52
399.04
1
.0070
413570
MP 2000 SPF
1
69.40
69.40
1
.0070
414399
MP 3350SP 1
3
186.52
559.53
A
.0070
MESSAGE
SALES SUB TOTAL
SERVICE SUB TOTAL
TBD
SUB TOTAL
TAXES
ORDER TOTAL AMOUNT DUE
6,186.19
Exempt
222,702.84
fiil VAt
Lit) n -th-MvaYt for
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LESSEE: RICOH AMERICAS CORPORATION
By: C—[� By:
(Please Print) (Please Print)
Signature: Signature:
Title: 0/71 fil±± &-ja Title-
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U.S. Communities
Contract Number
58795
LEASE SUPPLEMENTAL
EQUIPMENT ORDER
AGREEMNET
DATE: 1104/10
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UNIT
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Maintenance
Payment
Copy
Allowance
CPC (Over
Allowance)
CPC
413606
MP 1600
2
34.53
69.06
TBD
N/A
N/A
.0070
413569
MP 2000
15
42.59
638.85
TBD
N/A
N/A
.0070
413570
MP 2000SPF
1
70.30
70.30
TBD
N/A
N/A
.0070
414396
MP 3350E
5
105.54
527.70
TBD
N/A
N/A
.0070
414399
MP 3350SP
2
127.98
255.96
TBD
N/A
N/A
.0070
414399
MP 3350SP
1
156.61
156.61
TBD
N/A
N/A
.0070
414399
MP 3350SP
3
179.05
537.15
TBD
N/A
N/A
.0070
414374
MP 4000E
1
121.09
121.09
TBD
N/A
N/A
.0070
414376
MP 4000SP
2
206.98
413.96
TBD
N/A
N/A
.0070
414375
MP 5000E
1
152.00
152.00
TBD
N/A
N/A
.0070
414378
MP 5000SP
2
235.99
471.98
TBD
N/A
N/A
.0070
414340
MP 6000SP
1
344.38
344.38
TBD
N/A
N/A
.0070
414847
MP 171
1
44.39
44.39
TBD
N/A
N/A
.0070
413570
MP 2000SPF
1
58.4
58.41
TBD
N/A
N/A
.0070
414378
MP 5000SP
1
228.53
228.53
TBD
N/A
N/A
.0070
414396
MP 3350B
1
98.17
98.17
TBD
N/A
N/A
.0070
414399
MP 3350SP
3
89.17
267.51
TBD
N/A
N/A
.0070
413569
MP2000
1
89.17
89.17
TBD
N/A
N/A
.0070
414399
MP 3350
1
96.63
96.63
TBD
N/A
N/A
.0070
413569
MP 2000
1
50.05
50.05
TBD
N/A
N/A
.0070
414399
MP 3350SP
3
135.44 1
406.32
TBD
N/A
N/A
.0070
MESSAGE
36 Month FMV Lease
SALES SUB TOTAL
6,186.19
SERVICE SUB TOTAL
Cost Per Copy
SUB TOTAL
6,186.19
TAXES
exempt
ORDER TOTAL
222,702.84
AMOUNT DUE
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CUSTOMER RICOH ANE S Cop z I N
By: 0 I E Signature: �-/' -
(Please Print) j (al eprephtaff tive
Signature: l- Signature.
(Accepted for
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Title: CI %� i r!-4/Vh�Gt��� Title: Sf
Date: % Date: 11,41110
S:%ALLSHARE\-4Sreements\Equipment LeasinSL009W.S. Communities Lease Terms and Conditions MFPs and Copiers -City of Denton.doc