Authorization of Not-to-Exceed $25,000 General Fund Lease Agreement_Mail Room Printer_Initiate Copyrighted
September 3, 2019
City of Dubuque Items to be set for Public Hearing # 2.
ITEM TITLE: Authorization of Not-to-Exceed $25,000 General Fund
Lease Agreement- Mail Room Printer
SUM MARY: City Manager recommending that a public hearing be set
for September 16, 2019, on the proposal to authorize a
general fund lease agreement not-to-exceed $25,000.
RESOLUTION Fixing date for a meeting on the
proposition to authorize a Lease Agreement (General
Fund) in the principal amount of not-to-exceed $25,000 to
acquire personal propertyforthe City, and providing for
publication of notice thereof
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s), Set Public Hearing for September 16,2019
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Notice of Public Hearing Supporting Documentation
PrinterAgreement Supporting Documentation
Dubuque
THE CITY OF �
All-America City
DuB E ;���� �,
Maste iece on the MissTssT i zao�•zoiz•zois
YP PP zoi�.zoi9
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proceedings to Set a Public Hearing on the Authorization of Not to Exceed
$25,000 General Fund Lease Agreement— Mail Room Printer
DATE: August 27, 2019
Director of Finance and Budget Jennifer Larson recommends that a public hearing be
set for September 16, 2019, on the proposal to authorize a general fund lease
agreement not to exceed $25,000.
The current 60-month operating lease for the postage machine and mail room printer
with Pitney Bowes expires on November 1, 2019. The recommendation is to approve a
60-month operating lease with Midwest Business Products. The printer proposed from
Midwest would cost the City $386.05 per month and would meet all requirements of the
mail room printing requirements at this time. By accepting the quote from Midwest, and
factoring in the current print volumes, the City would save approximately $13,663.80
over the term of the lease.
I concur with the recommendation and respectFully request Mayor and City Council
approval.
, '/ �� ��//��"'V 7'"�
Michael C. Van Milligen
MCVM/jml
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Teri Goodmann, Assistant City Manager
Jennifer Larson, Director of Finance and Budget
Jennifer Raber, Finance Manager
Chris Kohlmann, Information Services Manager
Tony Breitbach, Purchasing and Contracts Coordinator
Dubuque
THE CITY OF �
All-America City
DuB E ;,��I�,� �,
Maste iece on the MissTssT i zao�•zoiz•zois
YP PP zoi�.zoi9
TO: Michael C. Van Milligen, City Manager
FROM: Jennifer Larson, Director of Finance and Budget
SUBJECT: Proceedings to Set a Public Hearing on the Authorization of Not to Exceed
$25,000 General Fund Lease Agreement— Mail Room Printer
DATE: August 27, 2019
INTRODUCTION
The purpose of this memorandum is to recommend the setting of a public hearing on
the proposal to authorize a general fund lease agreement not to exceed $25,000 for a
Mail Room printer.
DISCUSSION
The current 60-month operating lease for the postage machine and mail room printer
with Pitney Bowes expires on November 1, 2019. Joe Pregler, Senior Network/Systems
Administrator, Jim Vosberg, User Tech. Specialist, Alicia Turnis, Information
Technology Specialist, Ella Lahey, Confidential Account Clerk, Connie Mueller,
Confidential Account Clerk and Tony Breitbach, Purchasing and Contracts Coordinator
reviewed two proposals, viewed demos and contacted references.
In the past, the lease request for proposal for the postage machine included pricing for a
printer. Due to issues experienced by the City, staff elected to bid it two ways, postage
machine pricing with a printer included and pricing without a printer. Staff contacted the
current printer vendor Midwest Business products for a separate quote as well. The
printer proposed from Midwest would cost the City $386.05 per month and would meet
all requirements of the mail room printing requirements at this time. Pitney Bowes
proposed a printer that would increase the cost of their bid $652.78 per month. By
accepting the quote from Midwest, and factoring in the current print volumes, the City
would save approximately $13,663.80 over the term of the lease.
The new 60-month operating lease with Midwest Business Products would begin
November 1, 2019.
lowa Code Sections 364.4 and 384.25 require a public hearing to be held before
entering into a lease contract for personal property.
This 60-month lease would count against the City's statutory debt limit.
RECOMMENDATION
I respectfully recommend the adoption of the enclosed resolutions fixing the date of
September 16, 2019 for a public hearing on the proposition of authorizing not to exceed
$25,000 General Fund Lease Agreement for the mail room printer and providing
publication of notice.
JML
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Teri Goodmann, Assistant City Manager
Jennifer Raber, Finance Manager
Tony Breitbach, Purchasing and Contracts Coordinator
Chris Kohlmann, Information Services Manager
2
ITEMS TO INCLUDE ON AGENDA FOR SEPTEMBER 3, 2019
CITY OF DUBUQUE, IOWA
Not to Exceed $25,000 Lease Agreement (General Fund — Printer).
• Resolution fixing date of meeting on the authorization of a
Lease Agreement.
NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE
CHAPTER 21 AND THE LOCAL RULES OF THE CITY.
September 3, 2019
The City Council of the City of Dubuque, Iowa, met in regular session, in the Historic
Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:00 P.M., on the above date. There
were present Mayor Roy D. Buol, in the chair, and the following named Council Members:
Luis Del Toro, Ric Jones, David Resnick, Jake Rios, Brett Shaw
Absent:
Vacant: Kate Larson
1
Council Member Shaw introduced the following Resolution entitled "RESOLUTION
FIXING DATE FOR A MEETING ON THE PROPOSITION TO AUTHORIZE A LEASE
AGREEMENT (GENERAL FUND) IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED
$25,000 TO ACQUIRE PERSONAL PROPERTY FOR THE CITY, AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council
Member Resnick seconded the motion to adopt. The roll was called, and the vote was,
AYES: Jones, Buol, Rios, Resnick, Del Toro, Shaw
NAYS:
Whereupon, the Mayor declared the resolution duly adopted as follows:
RESOLUTION NO. 323-19
RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION TO
AUTHORIZE A LEASE AGREEMENT (GENERAL FUND) IN THE
PRINCIPAL AMOUNT OF NOT TO EXCEED $25,000 TO ACQUIRE
PERSONAL PROPERTY FOR THE CITY, AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa, should
enter into a lease agreement in the principal amount of not to exceed $25,000 as authorized by
Sections 364.4 and 384.25 of the Code of Iowa, for the purpose of providing funds to pay costs
of carrying out the project as hereinafter described, and more specifically, for the lease of a
printer; and
WHEREAS, the term of the proposed Lease does not exceed the economic life of the
property to be acquired; and
WHEREAS, the lease agreement shall be payable from the General Fund of the City; and
WHEREAS, before a lease agreement may be authorized, it is necessary to comply with
the provisions of said Code, and to publish a notice of the proposal and of the time and place of
the meeting at which the Council proposes to take action for the authorization of the lease
agreement and to receive oral and/or written objections from any resident or property owner of
said City to such action.
2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street,
Dubuque, Iowa, at 6:00 o'clock P.M., on the 16th day of September, 2019, for the purpose of
taking action on the matter of the authorization of a lease agreement, in the principal amount of
not to exceed $25,000 the proceeds of which will be used to provide funds to pay costs of the
acquisition of personal property for the City.
Section 2. That the Clerk is hereby directed to cause at least one publication to be made
of a notice of said meeting, in a legal newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation in said City, said publication to be
not less than four clear days nor more than twenty days before the date of said public meeting on
the authorization of said lease agreement.
Section 3. The notice of the proposed action to authorize said lease agreement shall be in
substantially the following form:
3
(To be published on or before September 11, 2019)
NOTICE OF MEETING, OF THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A
LEASE AGREEMENT (GENERAL FUND) IN THE PRINCIPAL AMOUNT
OF NOT TO EXCEED $25,000, TO ACQUIRE PERSONAL PROPERTY FOR
THE CITY, AND THE PUBLIC HEARING ON THE AUTHORIZATION
THEREOF
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa,
will hold a public hearing on the 16th day of September, 2019, at o'clock .M., in
the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at which meeting the
Council proposes to take additional action for the authorization of a lease agreement in the
principal amount of not to exceed $25,000 the proceeds of which will be used in order to provide
funds to pay costs of the acquisition of personal property for the City, and more specifically, for
the lease of a printer. Aggregate annual payments due from the general fund of the City on the
proposed Lease Agreement and all other lease agreements in force on the date of authorization
will not exceed ten (10) percent of the last certified general fund budget amount.
At the above meeting the Council shall receive oral or written objections from any
resident or property owner of said City, to the above action. After all objections have been
received and considered, the Council will at this meeting or at any adjournment thereof, take
additional action for the authorization of said lease agreement or will abandon the proposal.
This notice is given by order of the City Council of Dubuque, Iowa, as provided by
Sections 364.4 and 384.25 of the Code of Iowa, as amended.
Dated this day of September 2019.
City Clerk of Dubuque, Iowa
(End of Notice)
4
PASSED AND APPROVED this 3rd day of September, 019.
ATTEST:
5
Mayor
CERTIFICATE
STATE OF IOWA
) SS
COUNTY OF DUBUQUE
I, the undersigned City Clerk of the City of Dubuque, State of Iowa, do hereby certify
that attached is a true and complete copy of the portion of the records of the City showing
proceedings of the Council, and the same is a true and complete copy of the action taken by the
Council with respect to the matter at the meeting held on the date indicated in the attachment,
which proceedings remain in full force and effect, and have not been amended or rescinded in
any way; that meeting and all action thereat was duly and publicly held in accordance with a
notice of meeting and tentative agenda, a copy of which was timely served on each member of
the Council and posted on a bulletin board or other prominent place easily accessible to the
public and clearly designated for that purpose at the principal office of the Council pursuant to
the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable
advance notice to the public and media at least twenty-four hours prior to the commencement of
the meeting as required by law and with members of the public present in attendance; I further
certify that the individuals named therein were on the date thereof duly and lawfully possessed of
their respective City offices as indicated therein, that no Council vacancy existed except as may
be stated in the proceedings, and that no controversy or litigation is pending, prayed or
threatened involving the incorporation, organization, existence or boundaries of the City or the
right of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of the Council hereto affixed this 4th day of September,
2019.
City t erk, City of`Dubuque, Iowa
CERTIFICATE
STATE OF IOWA
) SS
COUNTY OF DUBUQUE
I, the undersigned, do hereby certify that I am now and was at the times hereinafter
mentioned, the duly qualified and acting Clerk of the City of Dubuque, in the County of
Dubuque, State of Iowa, and that as such Clerk and by full authority from the Council of the
City, I have caused a
NOTICE OF MEETING
(Lease Agreement — Printer)
of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures
a correct and complete copy, to be published as required by law in the "Telegraph Herald", a
legal newspaper published at least once weekly, printed wholly in the English language,
published regularly and mailed through the post office of current entry for more than two years
and which has had for more than two years a bona fide paid circulation recognized by the postal
laws of the United States, and has a general circulation in the City, and that the Notice was
published in all of the issues thereof published and circulated on the following date:
September 6, 2019.
WITNESS my official signature at Dubuque, Iowa, this 4th day of September, 2019.
01626944-1\10422-000
City Cl, rk, City of Dubuque, Iowa
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
September 06, 2019,
and for which the charge is $26.66
Subscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this day of
,vai;
LiA
Notary Public in , id for Du Duque County, Iowa.
.,Gar"` ^ AMY WAGNER
2 . r Commission Number 813362
My Commission Expires
October 22, 2021
ITY OF DUBL
NOTICEOFMEETING `+--- -
OF- THE COUNCIL OF
THE CITY OF
DUBUQUE, IOWA;°ON
THE° MATTER .OF THE ,'
PROPOSED AUTHO-,
RIZATION OF A LEASE i
AGREEMENT ,(GENER
AL r.FUND) IN0HEI
PRINCIPAL ` AMOUNT
OF; NOT TO EXCEED!
$25,000 TO `ACQUIRE
PERSONAL ,- PROPER-
TY FOR THE CITY,
ANDrTHE --, PUBLIC i
HEARIING ON"THE;AU-
THORIZATION ,Tj1ERE
NOTICE is
hereby; given: that_ the
CityCouncil, of the City
of_Dubuque Iowa .will
hold.,ai public Gearing
Septernbe�' ,2019 at
,6:99;
o'.clockP M tin the'.
HistoriIFedekf Baird-
Street,'
uild-
Street Dubuque ulow,a,`,
which
meet
Councif't ptoposes '-to
take additional action 1.
forthPauthouzation of
a lease agreement.in
the principal amount of
not to-exceed.E$25,000
the proceeds of -which
will be used m order to
provide= funds to pay
costs of the acquisition,
roperty i
and `more'
specifically; fis{
Iease of a punter.
gregate' annual-�i:pay-
ments,, due ,from the
general,fund of tl e,City
on ,the ;proposedr.Lease
Agreement and a(I oth-
er; tease agreements in
force on the date, of au-
thorization will:rlot.ex-
ceed ten (10),percent'.
of the last certif ed
general fundbudget'
amount.
At the above meeting
the Council shall re-
ceive,
e-ceive ;oral or written
,objections ,,from -any'
resident or .,property;',
owner of said City, to
the above action. After
all ,objections ,:;have
been received and con-
sidered, - the Council
will at this meeting or
at any :adjournment'.
thereof, take additional
action for the autho-
rization of said lease
agreement or ` will
abandon the proposal.
This notice is given by
orderof the City Coun-
cil of Dubuque, Iowa,
as ; provided by , Sec-
tions '364.4 and 384.25.
of the Code of Iowa, as
amended
Dated this 6th day of
September 2019.
Kevin S. Firnstahl,
CMC,City Clerk'
It 9/6
. STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
September 06, 2019,
and for which the charge is $26.66
Subscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this // da of
Notary Public in an
4/49/24/21-,4 , 2017
/N
r Dubuq County, Iowa.
r AMY WAGNER
Commission Number 813362
My Commission Expires
October 22, 2021
TH MEDIA
P 0 BOX 29
DUBUQUE IA 52004-0029
(800)553-4801
ORDER CONFIRMATION (CONTINUED)
Salesperson: KASEY COPELAND Printed at 09/03/19 15:19 by kcope-ww
Acct #: 1807
CITY OF DUBUQUE,
IOWA
NOTICE OF MEETING
OF THE COUNCIL OF
THE CITY OF
DUBUQUE, IOWA, ON
THE MATTER OF THE
PROPOSED AUTHO-
RIZATION OF A LEASE
AGREEMENT (GENER-
AL FUND) IN THE
PRINCIPAL AMOUNT
OF NOT TO EXCEED
$25,000 TO ACQUIRE
PERSONAL PROPER-
TY FOR THE CITY,
AND THE PUBLIC
HEARING ON THE AU-
THORIZATION THERE-
OF
PUBLIC NOTICE is
hereby given that the
City Council of the City
of Dubuque, Iowa, will
hold a public hearing
on the 16th day of
September, 2019, at
6:00 o'clock P.M., in the
Historic Federal Build-
ing, 350 West 6th
Street, Dubuque, Iowa,
at which meeting the
Council proposes to
take additional action
for the authorization of
a lease agreement in
the principal amount of
not to exceed $25,000
the proceeds of which
will be used in order to
provide funds to pay
costs of the acquisition
of personal property
for the City, and more
specifically, for the
lease of a printer. Ag-
gregate annual pay-
ments due from the
general fund of the City
on the proposed Lease
Agreement and all oth-
er lease agreements in
force on the date of au-
thorization will not ex-
ceed ten (10) percent
of the last certified
general fund budget
amount.
At the above meeting
the Council shall re-
ceive oral or written
objections from any
resident or property
owner of said City, to
the above action, After
all objections have
been received and con-
sidered, the Council
will at this meeting or
at any adjournment
thereof, take additional
action for the autho-
rization of said lease
agreement or will
abandon the proposal.
This notice is given by
order of the City Coun-
cil of Dubuque, Iowa,
as provided by Sec-
tions 364.4 and 384.25
of the Code of Iowa, as
amended.
Dated this 6th day of
September 2019.
Kevin S. Firnstahl, CMC
City Clerk
1t 9/6
Ad #: 103649 Status: N
CITY OF DUBUQUE, IOWA
NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON
THE MATTER OF THE PROPOSED AUTHORIZATION OF A LEASE AGREEMENT
(GENERAL FUND) IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $25,000 TO
ACQUIRE PERSONAL PROPERTY FOR THE CITY, AND THE PUBLIC HEARING
ON THE AUTHORIZATION THEREOF
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will
hold a public hearing on the 16th day of September, 2019, at 6:00 o'clock P.M., in the
Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at which meeting the
Council proposes to take additional action for the authorization of a lease agreement in
the principal amount of not to exceed $25,000 the proceeds of which will be used in
order to provide funds to pay costs of the acquisition of personal property for the City,
and more specifically, for the lease of a printer. Aggregate annual payments due from
the general fund of the City on the proposed Lease Agreement and all other lease
agreements in force on the date of authorization will not exceed ten (10) percent of the
last certified general fund budget amount.
At the above meeting the Council shall receive oral or written objections from any
resident or property owner of said City, to the above action. After all objections have
been received and considered, the Council will at this meeting or at any adjournment
thereof, take additional action for the authorization of said lease agreement or will
abandon the proposal.
This notice is given by order of the City Council of Dubuque, Iowa, as provided by
Sections 364.4 and 384.25 of the Code of Iowa, as amended.
Dated this 6th day of September 2019.
Kevin. S. Firnstahl, CMC
City Clerk
1t 9/6
(To be published on or before September 11, 2019)
NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A
LEASE AGREEMENT (GENERAL FUND) IN THE PRINCIPAL AMOUNT
OF NOT TO EXCEED $25,000, TO ACQUIRE PERSONAL PROPERTY FOR
THE CITY, AND THE PUBLIC HEARING ON THE AUTHORIZATION
THEREOF
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa,
will hold a public hearing on the 16th day of September, 2019, at o'clock .M., in
the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at which meeting the
Council proposes to take additional action for the authorization of a lease agreement in the
principal amount of not to exceed $25,000 the proceeds of which will be used in order to provide
funds to pay costs of the acquisition of personal property for the City, and more specifically, for
the lease of a printer. Aggregate annual payments due from the general fund of the City on the
proposed Lease Agreement and all other lease agreements in force on the date of authorization
will not exceed ten (10) percent of the last certified general fund budget amount.
At the above meeting the Council shall receive oral or written objections from any
resident or property owner of said City, to the above action. After all objections have been
received and considered, the Council will atthis meeting or at any adjournmentthereof, take
additional action for the authorization of said lease agreement or will abandon the proposal.
This notice is given by order of the City Council of Dubuque, Iowa, as provided by
Sections 364.4 and 384.25 ofthe Code of Iowa, as amended.
Dated this day of September 2019.
City Clerk of Dubuque, Iowa
(End of Notice)
= COST PER IMAGE AGREEMENT
�'N`;i�
ncaEEmENrNo.�.1494355
. . .-
Fuu�eca�NnMe: Dubuque,CityofDBAMailroom FeoeRn�rnxiou:
ADDRE55�. SO W 'I$YF1St Dubuque, lA 52001-4805
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❑ SEEATTACHEDSGHEDULE
NOT
FINANCEO BEGINNING METER MONTHLY IMAGE EXCESS PER IMAGE
UNDER THIS READING ALLOWANCE GHARGE PLUS TAX
TYPE,MAKE,MO�ELNUMBERANDSERIALNUMBER AGREEMENT B8W COLOR 68W COLOR B&W WLOR
1 Sharp MX-M905 System ❑ 24,000 .0039
❑
❑
❑
❑
❑
❑
❑
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❑
TOTAL CONSOLIDATED MONTHLY IMAGE ALLOWANCE AN�EXCESS PER IMAGE CHARGES(IF GONSOLIDATED)
EouiPMENr�ocanoN:As Stated Above MErER FaEouENcr: Quarterly
TERM IN MONTHS: BO MONTHLY BASE PAVMENT AMOUNT` S3HE.OS ('PLUS TAX)
SECURITV�EPOSIT:
� 1 � � •' �
By initialing where indicated below,you elect to indude the indicated service option(s)forthe additional monthly fee of$5.00 per device per service option,
Secure Data Protection Customers Inilials to Eleci:_ Connectivity Assurance Customers Initials to Elect:
Cusromer's Initials to Dedine:_ Customer's Initials to Decline:
If you decline this service, you acknowledge you assume full responsibility for Includes remote connectivity assistance to allow for networked device
performing all end of lease device data disposal procedures to remove functionality. If you decline this service,you acknowledge that any
confdential information. Data disposal procedures may be required for your connectiviry work we provide will be billable at our hourly rate.
compliance wilh applicable industry standards and state and federal laws
and regulations.
� . .
THIS AGREEMENT IS NON•CANCELABLE AND IRREVOCABLE, IT CANNOT BE TERMINATED, PLEASE READ CAREFULLY BEFORE SIGNING. YOU AGREE THAT THIS
AGREEMENT AND ANY CLAIM RELATED TO THIS AGREEMENT SHALL BE GOVERNED BY THE INTERNAL IAWS OF THE STATE IN WHICH OUR (OR, IF WE ASSIGN THIS
AGREEMENT,OUR ASSIGNEE'S)PRINCIPAL PLACE OF BUSINESS IS LOCATED AND ANY DISPUTE CONCERNING THIS AGREEMENT WILL BE ADJU�ICATED IN A FE�ERAL
OR STATE COURT IN SUCH STATE.YOII HEREBY CONSENT TO PERSONAL JURISDICTION AN�VENUE IN SUCH COURTS AND WAIVE TRP,NSFER OF VENUE.EACH PARTY
WAIVES ANY RIGHT TO A JURY TRIAL.
• •' �
BY SIGNING THIS PAGE,YOU REPRESENT TO US THAT YOU HAVE RECEIVED AND REA�THE AD�ITIONAL TERMS AND CON�ITIONS APPEARING ON THE SECOND PAGE Of
THIS TWO-PAGE AGREEMENT.THIS AGREEMENT IS BINDING UPON OUR ACCEPTANCE HEREOF,
(As Stated Above)
CUSTOMER SIGNATURE PRINT NAME&TIRE DATE
� • � -
Midwest Business Products
OWNER SIGNATURE PRIMNAME&TITLE DATE
4370 Dod e St Dubuque, IA 5200&2603
• t �
The untle�signed jointly antl severally I[more than one, unwnditionally goarantee(s) that ihe Customer wlll timely pedorm all obligatlons under the Agreement The untlerslgned
also waive(s)any notification if the Customer Is In defaul�and consent(s)to any extensions or modi(ications granted to�he Customer, In the event of default,the untlerslgned will
immedia�ely pay all sums due under the terms of ihe Agreement without requiring us or our asslgnee to proceed against Cusbmer or any other party or exercise any rights in the
Equipment Withln 30 days after our request, you will deliver all requestetl informaiion (induding tax returns)which we deem reasonably necessary to determine your current
financial condition and faithful performance of the terms hereof.THE UNDERSIGNED,AS TO THIS GUARANTY,AGREE(S)TO THE DESIGNATED fORUM AND CONSENT(S)
TO PERSONAL JURISDICTION, VENUE, AND CHOICE OF LAW AS STATE� IN THE AGREEMENT, AGREE(S) TO PAY ALL COSTS AND EXPENSES, INCLUDING
ATTORNEY FEES,INCURRED BY US OR Ol1R ASSIGNEE RELATED TO THIS GUARANTY AND THE AGREEMENT,WAIVE(S)A JURY TRIAL AND TRANSFER OF VENUE,
AND AUTHORIZE(S)OBTAINING CREDIT REPORTS.
SIGNATURE:X INDIVIDUAL DATE
SIGNATURE:X INOIVIDUAL DATE:
003093-VUP03A(RL)_0218 PAGE 1 OF 2 21p
. . . . . . . .
1. AGREEMENT.Vou wanl us lo now provitle you Ihe equipmen�and/or solRvare referencetl herein.foge�her vnih all replacemenis.parts,repairs,additions and accessions incorporoted�herein or a�tached Iherelo,
=xdutling equipmenl marked as no�linancetl undar�hls Agreemenl('Equlpmenl")antl you uncondllionally agree ro pay us Ihe amounls payable under Ihe�ertns oi Ihis agreemenl('Ag2emenf)each peuotl by Ihe
tlue dale.This Agreement is binding apon our acceptance hereof and will begin on ihe date Ihe Equlpmenf is tlellvered lo you or any la�er tlale we designale.11 we tlesignale a la�ercommencemenl date,you a8ree lo
pay us an a0tlitional amount equal to�he perio0ic paymen�s due untler Ihis Agreemen�pmrated far ihe period beN+een ihe tlate Ihe Equipment is delivered b you and the commencement date,We may charge you a
one-lime originalion fee of�79.SQ If any amounl payable to us Ia no�paitlwhen due.you will pay a late charge equal lo�.7)Ihe greaterot ten(10)cenfs lor each dollar overdua or Iwenty-six tlollars(526.00)'.or2)Ihe
highes�IawfN charge,i�less.Any secunty tleposll will be commingletl wiN our asse�s.will not eam IntereSL and will be reWmetl at ihe end of the�erm,pmvided you are no�In detaWt.The base payment will be
ad�usfetl proporllonalely vpwaN or downwara:(�)by up�0 10%lo accommodate changes ln ihe acWal Equipmenl cosC(2)If ihe shipping charges or laxes dlffer imm�he es�lmate given�o you:and/or(3)lo comply
wilh Ihe 1�laws of the s�ale In which the Equipmenlls IocaledJf forany reason yourcheck is returned for nonpayment,you wlll pay us a bad checkcharge of S70or,if less,Ihe macimum charge allowetl by law.
2. NET AGREEMENT.THIS AGREEMENT IS NON�CANGELABLE FOR THE ENTIRE AGREEMENT TERM.YOU AGREE THAi YOU ARE VNCON�ITIONALLY OBLIGATED TO PAY ALL AMOUNTS�UE
UNOER THIS AGREEMENT FOR THE ENTIRE TERM.YOU ARE NOT ENTITLED TO RE�l10E OR SET�OFF AGAINST AMOUNTS DUE UNDER THIS AGREEMENT FOR ANY REASON.
3. IMAGE CHARGES AND OVERAGES. You are enti0ed lo make the�o�al number of images shown imaer Image Allowance(or To�al Consolidaletl Ima9e Allowance.if applicable)each period during fhe term oi
Ihis AgreemenL If you make more Ihan the allowed Images in any penod you wlll pay us an atl�fional amounl equal to Ihe number of the excess images made dunng such penod mulliplied by the applicable Excess
Per Image Charge.Regardless of�he number of images made in any period.you will never pay less than Ihe Base Payment Amounl.You agree to pmvide us wi�h�he acWal meler readings on any 6usiness tlay as
designaletl by us.pmvided ihat we may eslima�e�he number of images used if such meter readings are not recelved with'm Me days afler heing requesletl.II you Do not pmvlde us Ihe acWal meter readings.we may
periodically neetl ro take ettoris to manually oblain a meler and in such inslances we may charge you an adtlilional lee.Vou agree Ihal the Base Payment Amoun�and fhe Excess Per Image Charges may be
pmportlonatety increased a�any Ome il our es�imaled avarage page coverege is exceetletl.After ihe end of�he flrsi yearof this Agreement and not more ihan once each successive�walva-monlh period Ihereafter,fhe
service potlion oi the Base Paymenl Amoun�and Ihe&cess Per Image Charges(and,a�our eleclion,ihe service potlion of Ihe Base Paymenf Amoun�and F�cess Per Image Charges under any subsequent
agreemen�s between you antl us ihat incorporate!he term5 hereoQ may be Increased by a maxtmum of 10%of Ihe Ihen edsting paymenl or charge.Images made on equipmenlmarked as not financea under Ihls
Agreemenl will be inclutletl in tletermining your image antl overage charges.
4. EQVIPMENT USE.You wi0 keap Ihe Equipmen�in good working oeder,tree and clear of all Ilens antl clalms,use I�for busine5s purposes only and noi modlty or move I�from Its Inilial loca�ion wilhoutwr consen�.
You agree tha!you will no1�ake Ihe Equipmen�ou�oi service antl have a ihlyd patly pay(or provltle Nnds�o pay)the emounts due hereundec Vou wlll compty wiN all laws,ordinaroes.regulallons,requirements and
mles relating lo the use and operallon of ihe Equipment.We will have�he right,at any reasonable�ime,(o inspecl ihe Equipmant and any�ocumenis relating to its use,malntenance and repair.
5. SERVICESISUPPLIES. If we have entered into a separa�e arrangemenl wllh yoo for mainienance,service,supplies,elc.wilh respect to the Equipmen(payments under this Agreement may include amoun�s
owetl untler ihat arrangemen4 which amounts may be Imolcetl as one paymenl for your convenience MICR supPlles are no1 iocluded and will be billetl separately.You agree Ihat you will laok solely Io us for
pedormance under any such arrangement antl�or fhe delivery of any applicable supplies. Ii your use of supplies ezceeds Ihe manufacWrer s published yield by more Ihan 10%.we may notity you ol such excess
usage. If such excess usage does not cease within 3�days atter such noiice.we may charge you for such ezcess usage.We may cha�ge you a mon�hly tee per tlevlce not to exceea$500 per tlevice.lo cover ou[
cost5 of shipping and handling supplies.In atld0on,if you elec�.we may charge you a monfhly fee per devlce('Coonectiviry Assuranca'�lor providing remo�e connedivity Iroubleshoo�ing throughoul lhe term of Ihe
AgreemenL Tha services will be Ilmited to remote�echnical essistance only and shall nol'mdude any related necessary hartlware or software cos�s.I�we Identify ihe connectiviry pmblem relates lo an IT Issue ihat is
outside of our coo�rol such as a ne�vork se��ing or IT harOware issue.we will work with your IT departmenl�o communicale�he necessary in(ormalloo.As an allernative lo your IT aepaM1ment.our IT�echnicians may
be able�o assist you i�pmvltled Ihe necessary access rights but any such work will be billable a�our houdy ro�es.Service calls will be performed dunng no�mal business hou¢of Monday�hrough Fntlay 8:00 e.m to
5:00 p.m.except holidays.A separate written agreemen�must be executed if you may reqwre serviw calls oulside of no[mal buslness hours.In Ihe absence ot a wntten agreemen�antl ln Ne instance we are able to
pertorm service calls ou�side oinormal business hours.you agree lo pay adtllfional charges at ourovedlme rales.
fi. SOFTWAREIDATA Except as pmvided in ihis paragraph,reterences lo'EquipmenY'include any soffware referenced above or installed on the Equipmen�,We do no�own�he sofN+are and cannoi transfer any
interesc in il lo you.�Ne are not responsible lor�he soihvare,license rene�val fees,or ihe obliga�ions of you or the licensor under any license agreement You are solely responsible for pmtecting and removing any
confden�ial datalimages sloretl on�he Equipment pnor to its reNm for any raason;provided,howe�er.you may elect�o pay a mon�hly fee per device�o have us provide you Ihis service("Secure Data Pmtecllon'�.
7. LIMITATION OF WAftRANTIES. EXCEPT TO THE EXTENT THAT WE HAVE PROVIDED VOU A WARRANTY IN WRITMG,WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCW�ING
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTIWLAR PURPOSE.YOU CHOSE ANVIALL iHIRO�PARTV SERVICE PROVIDERS BASEO ON YOUR JUOGMENT.VOU MAY CONTACT
US OR THE MANUfACTORER FOR A STATEMENT OF THE WARRANTIES,IF ANY,THAT THE MANUFACTURER IS PROVI�ING.WE ASSIGN TO YOU ANY WARRANTIES GIVEN TO US.
8. ASSIGNMENT.Yov may not sell,assign,or sublease Ihe Equipment or ihls Agreemen�w�ihoul our wnl�en consent.We may sell or assign�hls Agreemeni and our nghis in Ihe Equipmenl,in whole or In paM1.to a
Ihird party wi�hoW notice to you.You agree that if we do so,our assignee will have our assigned rights untler this Agreement bul none of our obligations and will not be subject to any claim,deFense,or
sehoff that may be assertable against us or anyone else.
9. LOSS OR�AMAGE Vou are responsible for any tlamage to or bss ol�he Eq�ipment.No such loss or damage will relieve you fmm your payment obligations herewdec Excepl for claims,bsses or damages
caused by our gmss negligence or willNl misconaucl,you agree to indemni�y us and our assignea.if applicable.agains�any claims.losses,ortlamages,including attomey fees,in any way relating Io Ne Equipmentar
tlela stored on it In no even(will we be liable for anyconsequen[ial or indirecl tlamages.
10. INSORANCE,You agree ta mainlaln commercial general liablllty Insurance acceptable to us.You alsa agrea to�.i)keep�he Equipmeni tully Insurad againsl loss al its replacementcost wi�h us named as lender's
loss payee',and 2)provide proof of insurance satiSfacNry to us no later�han 30 days following�he commencemen�of ihls Agraemenl,and U�ereai�er upon our writlen requesL If you feil�o malntaln pmperty loss
insurence salisfactory�o us antllor you fail[o�imely pmvide proo(of such Insurance,we have Ihe option.but nol fhe obllga�ioq to either(A)secure propetly loss'msurence on Ihe Equipmeo�from a carzier of our
choosing in such forms and amoun�s as we deem reasooable ro pmtecl our interes�s.I(we secure Inwrance on�he Equlpment,we will�ot name you as an Insured partg your interesls may nat be fully pmtectetl,aod
you will reimburse us the premium antl an Insurance fee.whlch may be higher Uan Ihe premium you woula pay if you ob�ained insurance.and which may resWCin a proft lo us Ihrouqh an invesiment in reinsuance'or
(B)charge you a monihly properry damage surcharge ot up Io.0035 of iha Equipmen�cost as a resullof our credl�risk antl admin7siratNe and othercos�s.as would be futlher described on a letlertrom us to you. We
may make a profi�on this program, NOTHING IN THIS SECTION WILL RELIEVE YOU OF RESPONSIBILITY FOR LIAWLIiV INSURANCE ON THE EQUIPMENT.II you are wrrent in all of your obliga�ions under
lhe Agreemen�a��he�ime of loss.any insurance pmceeds received will he applied,at our option.to repair or replace Ihe Equipmenl,or to pay us ihe remaining paymen�s due or to become due under Ihis Agreement
plus our baaked resitlual,both discounte0 a12°/per annum.
11. TAXES.We own the Eqwpmanl.You will pay when due,eiiher dlredly or by retmbursing us,all taxes and feas(including personal pmpetly tax)relating m lhe Equipment and tAls AgreemenL I�we pay any�axes
or other expenses Iha�you owe hereuntler.you aqree lo reimburse�s when we request antl to pay us a pmcessing tee for each expense or charge we pay on your behalt Sales oruse tae tlue upfmnt will be payable
over ihe term wilh a tinance charge.You hereby granl us a secunty in�eresf in ihe Equipment lo seare all amoun(5 you owe us under any agreemenl wilh us,�o be releasetl at�he end of Ihe term pmvided you have
performed all of your obliga�ions under this Agreement
12. EN�OF TERM.A�the end ol Ihe term of�his Agreement(or any[enewal�erm)(the Entl�ate'),Ihis Agreemenl will renew foran atltlllional one-year period unde[Ihe same lerms unless a)you pmvide us wntten
no�ice,a�least 60 days pnor to the Entl Date,of your intenl lo return ihe Equipment antl b)you(imely reWm ihe Equipmenl to�he loca�ion tlesignaletl by us.al your expense.I�ihe retumed Equipmenl is nol
immedia�ely available for use by ano�her without naetl of repair,you will reimburse�s for all repair cosis.Yov canno�pay off thls Agreemenl or[aWm�he Equipmen�p[ior to the End�a�e wifhoul our consenl.If we
consen(,we may charge you,in addi�ion to other amoun�s owed.an eatly terminalion lee equal to 59a of�he pnce oi the Equipmenf.
13. DEFAOLT AND REME�IES.You will be in de�aull if.(a)you do not pay any payment or olher sum tlue to us or any olher person when tlue or if you fail lo pedorm in accordance wi�h Ihe covenan�s,�erms and
conditions of�hls Agraeinent or any other ag2ement wi�h us or any o�aur amllates or any ma�erial ag[eeinen�wim any other lender,(b)you make or have made any false sta�emen�or misrep2senialion to us,(c)you
or any quaran(or dies.dissolves or terminales existence.(d)�here has been a matenal adverse change in youror 2ny guaran�ors fnancial.business or operaling condilion.or(e)any guarantor defaul�s untler any guaranty
forthls Agreement If you are everin tle�aull.at our oplion.we can tarminate ihls Agreement and we may requi2lhat you retum the Equipmen�to us a�your expense and pay us'.1)all pas�due amoun�s antl 2)all
remaining payments for ihe unexpired teem,plus our booked residual.bolh dlscaunled at 2%per annum.We may also use all o�her legal remedles available�o us-including disabling or repossessing Ihe Equlpment
and requinng you m Immedlately s�op using any Manced sottware.You agree to pay all our ms�s and expenses.ineWaing reasonable a��omey fees antl repossession ms�s,incurrea in enlordng Ihls Agreemenl.You
also agree to pay inteast on all past tlue amounts,irom Ihe due da�e,a11.5%per momh.Any delay or tailure lo enforce wr ngMs under�his Agreament will not preven�ue from enforcing any rigMs a�a laterCime.If
in�erest is chargad or collec�ed In excess o�ihe marimum IawfW re�e,we will refund such excess to you,which will be yoursole remedy.
14. UCC.If we as5ign righls in this Agreemenl for financing purposes,you agree�hat this A9reemen�,in Ihe hantls of our assignee,is.or shall be Ireafed as,a"Finance Lease'as lhal lerm is tlefned in Adicle 7A o(
�he Uniform Cammercial Cotle('UCC).You agree to forgo the rights and remetlies provided under seclions 5�7-522 oiAdicle 1Ao�Ihe UCC.
15. MISCELLANEOUS.This Agraemant Is the entire agreemenl be�ween you antl us relating Io our pmviding and your use of the Equipment antl supersetles any prior representatlons or agraemen�i'mcluding any
purchase ortlers.Amounis payable under thls Agreemenl may Inclutle a pmfit to us Wl�hin 30 Days aller our reques�,you will deliver all reques�ed inbrma�ion(ncluding lax reWms)which we deem reasonably
necessary to de�ermine your arrent fnancial condition and failhiul pedormance ol Ihe lerms hereoC The parlies agree Ihat(i)ihis Agreemen�an0 any relaled aoamen�s hereto may be aulhen�ica�ed by electronic
means'.(ii)Ihe"orlglnal"of ihls Agreement shall be�he copy�hatbears your manual.facsimlle.scanned or elec�mnic signaWre and ihat also bears ourmanually signetl signatua'and(iil��o the ex�ent Ihls Agreement
constlWtes chaUel paper(as 4eN�etl by ihe UCC),a secunry lnteres�may only be createtl In ihe onginal. Vou agree not b raise as a tletense�o ihe enforoement of Ihls Agreemeot or any related doamenls�hal you
executed or authenticaled such documents by electronic ardlgital means or Ihat you usetl facsimile oro�her elecimnlc means b�[ansmi�your signelure on such dacumen�s. NORvithstantling aoyihing to ihe conVary
herein.we reserve the righl to require you�o sign�hls Aqreemenl orany relaletl dacomen�s he2�o manually.If a coutl finds any pmvision of Ihlaqgreemen�unenforceable,�he 2maining terms of Ihis Agreemen�shall
remain in effecl.Yo�aulhonze us to eitherinsetl or corzect Ne qqreement number,sedal numbers,model numbers.beqlnning date.and signature da�e,antl acknowledge�hat if we�Iletl in any blanks above,we dld
so on yourbehall.All olher modifica�ians�o�heAq�eemenl must beln wri�ing signed by each parry.
003093-VUP03A(RL)_0218 PAGE 2 OF 2 210
GOVERNMENTAL ENTITIES ADDENDUM
This is an addendum ("Addendum") to and part of that certain agreement between Midwest Business
Products ("we", "us", 'bur") and Dubuque, City of DBA Mailroom ("Governmental Entity", "you", "your"), which
agreement is identified in our records as agreement number 1494355 ("AgreemenY'). All capitalized terms used
in this Addendum which are not defined herein shall have the meanings given to such terms in the Agreement.
APPLICABLE TO GOVERNMENTAL ENTITIES ONLY
You hereby represent and warrant to us that as of the date of the Agreement: (a) the individual who
executed the Agreement had full power and authority to execute the Agreement on your behalf; (b) all required
procedures necessary to make the Agreement a legal and binding obligation against you have been followed; (c)
the Equipment will be operated and controlled by you and will be used for essential government purposes for the
entire term of the Agreement; (d) that all payments due and payable for the current fiscal year are within the
current budget and are within an available, unexhausted, and unencumbered appropriation; (e) you intend to pay
all amounts payable under the terms of the Agreement when due, if funds are legally available to do so; (f) your
obligations to remit amounts under the Agreement constitute a current expense and not a debt under applicable
state law; (g) no provision of the Agreement constitutes a pledge of your tax or general revenues; and (h) you will
comply with any applicable information reporting requirements of the tax code, which may include 8038-G or
8038-GC Information Returns. If funds are not appropriated to pay amounts due under the Agreement for any
future fiscal period, you shall have the right to return the Equipment and terminate the Agreement on the last day
of the fiscal period for which funds were available, without penalty or additional expense to you (other than the
expense of returning the Equipment to the location designated by us), provided that at least thirty (30) days prior
to the start of the fiscal period for which funds were not appropriated, your Chief Executive Officer (or Legal
Counsel) delivers to us a certificate (or opinion) certifying that (a) you are a state or a fully constituted political
subdivision or agency of the state in which you are located; (b) funds have not been appropriated for the
applicable fiscal period to pay amounts due under the Agreement; (c) such non-appropriation did not result from
any act or failure to act by you; and (d) you have exhausted all funds legally available for the payment of amounts
due under the Agreement. You agree that this paragraph shall only apply if, and to the extent that, state law
precludes you from entering into the Agreement if the Agreement constitutes a multi-year unconditional payment
obligation. If and to the extent that the items financed under the Agreement is/are software, the above-referenced
certificate shall also include certification that the software is no longer being used by you as of the termination
date.
The undersigned, as a representative of the Governmental Entity, agrees that this Addendum is made a part of
the Agreement.
•
I,THE UNDERSIGNED,HEREBY CERTIFY THAT,AS OF THE DATE OF THE AGREEMENT,(A)THE INDIVIDUAL WHO EXECl1TED THE AGREEMENT HAD FULL POWER
AND AUTHORITY TO EXECUTE THE AGREEMENT AND (B) THE REPRESENTATIONS SET FORTH ABOVE IN THE PARAGRAPH TITLED "APPLICABLE TO
�OVERNMENTAL ENTITIES ONLY"ARE TRUE AND ACCURATE IN ALL MATERIAL RESPECTS.
SIGNATURE: X NAME&TIT�E: DATE:
� ' ' '
Midwest Business Products
SIGNATURE PRINT NAME 8 TITLE DATE
VP07NAMC_0818