HomeMy WebLinkAboutTR-67-89 TOWN OF NEWCASTLE
1 REPORT File # /o . a • 7
Res. #
Bylaw #
NOTING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: July 17, 1989.
FORT #: TR-67-89 FILE #:
SUBJECT: PROPOSED PHOTOCOPIER LEASE - FIRE DEPARTMENT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. That Report TR-67-89 be received;
2. That Council accept the written proposal (Attachment "A") , from
Gestetner Inc,, Richmond Hill, Ontario, (Dana Commercial Credit
Canada Inc.) , to lease one (1) only Model 2325 ZD with twenty (20)
bin sorter, at a monthly cost of $212.78 plus Provincial Sales Tax,
for a period of sixty (60) months with a buyout option of $10.00 at
the sixtieth (60th) month;
3. That the procedures set out in the Purchasing By-Law #82-92
Section 5, Paragraph 04, be waived .for this particular transaction;
4. That the attached By-Law (Attachment "B") authorizing the Mayor and
Clerk to execute the Agreement be approved;
5. That in accordance with Section 64 of the Ontario Municipal
Board Act, authorization be obtained from the Ontario Municipal
Board prior to the execution of this Agreement, and
6. That the funds be drawn from the Fire Administration Office Supply
Account #7102-00001-0101 for which lease payments were budgeted
for.
711
Page -2-
TB-G7-O9
PROPOSED PHOTOCOPIER LEASE - FIRE DEPARTMENT
BACKGROUND AND COMMENT:
For the past several years, the Fire Department has been operating with a
portable type, single sheet feed photocopier. The volumes and applications
(training manuals) have increased such that in order for them to operate
efficiently and cost effectively, a faster unit with dupIexiog capabilities is
now required.
Subsequently, an informal quotation request outlining the photocopier
requirements of the Fire Department was prepared and proposals were invited
from eight (8) different suppliers.
Quotations were received and tabulated as per Attachment nCn.
The quotations received were reviewed by both the Purchasing and Supply Agent
and the Confidential Secretary for the Fire Department, and the overall nmotbll`
cost (monthly lease coat plus approximate monthly service omat plus approximate
toner uaeage) was calculated. The six (6) overall low bids were assessed as
follows:
Cooxneoto
Office Copy - not as per specifications
- available with 5 bin sorter muIl,'
minimum 10 were requested
- no automatic original size selection
- no automatic duplexiug
- maximum copy size 8 1/2no I411,
llnx 1711 was requested
- large capacity paper cassette not
available.
Cook's Office Equipment - not as per specifications
(Minolta Model EP3120) - automatic document feeder not
available
- automatic sorting not available
- no automatic original size selection
- automatic dupIeoiug not available.
National Office Systems - automatic document feeder not
included in price
- automatic sorting not included in
price
- dupIexiug not fuIll, automatic.
Able Office 8goipwsut - Model bid is not available with
(Toshiba) Automatic DuDIeriug
1
7i1
/ |
Page -3-
TR-67-89
PROPOSED PHOTOCOPIER LEASE FIRE DEPARTMENT
Gestetner - offers faster copy speed 25 c.p.m.
(Model 2325 ZD) - user friendly
with 20 bin sorter - meets or exceeds all specifications
- low buy-out option
Cooks Office Equipment - automatic original size selection
(Minolta Model EP4101Z) not available
- large capacity paper cassette not
available
Based on the overall monthly cost and the assessment of the six (6) low bids,
the Gestetner Model 2325 ZD with 20 bin sorter was brought in on a one (1) week
trial basis. The Fire Department have advised that this machine has been
outstanding.
For the past couple of years, it has been the Town of Newcastle practice to try
and standardize on office equipment. With respect to photocopiers, this has
usually meant the acquisition of a Canon product. However, due to the fact
that in this case the user Department is removed from the Town Hall as
well as the fact that the Canon product is more expensive and does not offer as
many features, it was felt that the equipment offered by Gestetner would
adequately meet the needs of the Fire Department.
For the information of Council, the outright purchase versus leasing comparison
is as follows:
Outright Purchase $ 8685.00 + Service Costs + P.S.T
Lease $ 212.78
x 60 month term
$ 12766.80 + Service Costs + P.S.T
A lease agreement is proposed for the following reasons:
a) Should it become evident that the photocopier no longer meets
the needs of the user, alternate equipment can be negotiated
and a new lease agreement entered into, in most cases with no
penalty to break the existing lease.
b) Capital expenditure not required, frees funds for other
purposes.
713
Page 4
TR-67-89
PROPOSED PHOTOCOPIER LEASE - FIRE DEPARTMENT
Funds in the amount of $4800.00 for the leasing of a photocopier were included
in the Fire Department's 1989 Budget. The Treasurer has reviewed the funding
requirements and concurs with the recommendation. Queries with respect to
department needs, specifications, etc., should be referred to the Acting Fire
Chief.
After further review and analysis of the proposals, it was mutually agreed by
the Acting Fire Chief and the Purchasing and Supply Agent that the proposal
from Ge-stetner Inc., Richmond Hill, Ontario, for the model 2325 ZD with twenty
(20) bin sorter be recommended for acceptance.
Respectfully submitted, Recommended for presentation
to the Committee,
H-B�Sc-, L�*rence .,; Kotseff,
arano�,
su r.
6�rea�re Chief A;inistrative Officer
M. Creightonu
Acting Fire Chief
LAB/hj I
Attachments
714
Please remit payments to:
DANA COMMERCIAL CREDIT,
CANADA INC.
P.O. Box 8904
Postal Station A
Toronto,Ontario
M5W 2C5
ru0aw0D e n
0NI VaVNVO
-LI(13 0 7V1DU3PVW00 VNVU
— wm�l=
J-N v'�UQ9V
-3 N01J'VD17ddv
L OA
liV„ 1N3WH9VliV
Advance Payment rs not refundable unless appbcalmn is rejected by Tessa
Vendor Name ./
6F-S r��V t�C �'(j COST
Vendor Address — -- E c"pt
71!, 4.EEK. C l: f ��C_KAkurv9 Kic( U.tl i �� �'3 I H $
Contact Person I Sales Rep Telephone No
D6vc, MGa,Ar_ t
TERM Monthly LEASE PAYMENT ADVANCE PAYMENT First
(How applied) r-7/
60 ❑❑Quanerly l p (�( / 2 First&Last
Other----- ', I d_71 $ 7 J 9'.61
❑Other
No of Months EXCLUSIVE of applicable lax INCLUSIVE of applicable tax
EQUIPMENT TO BE LEASED Attach separate list if necessary.
Manufacturer
6 e S TTi 7;-2L iNL
Description
ploo45c 2.�a szo Pi{�roc��lr c ().—L72( /S-/v Soup 4--)
EQUIPMENT LOCATION Complete only if equipment will not be located at lessee's address
Address City Province Postal Code
LESSEE Important to list legal name of entity
Company
CDF- TNT
Billing Address City P—med Postal Code
Vu
Telephone No, Contact Person
Title
(y(6) C �;3 �. 33 7 9
Nature of Business Type of Busness No of Years in Business
(d less than 2—fiA out Persons]Information)
❑NomProld ❑Proprietorship �Partnership ❑Corporation
PERSONAL INFORMATION ON OFFICERS,PARTNERS,OR GUARANTORS
Name Title Salad Insurance No
Home Address City Province Postal Code Home Phone No
( )
Name Title Social Insurance No
Home Address City Province Postal code Home Phone No
( )
COMPANY BANK REFERENCES-TWO YEAR HISTORY(Important to establish any loan history)
Name of Sank/Branch How,tong? Chkg.Acid x Telephone No Contact Office,
Loan Acct N ( )
Name of Bank/Branch Hav—g? Chkg.Acct N Telephone No Contact Officer
Loan Acd.N ( )
Name of Bank/Branch Hav tnng7 Chkg.Acel N Telephone No. Contact Officer
Loan Acct.N ( )
TRADE REFERENCES-TWO YEAR HISTORY (Important to establish high credit and payment history)
Name of Suppker City/P,-ace Telephone No Contact Person
( )
Name of Supplier city/Province Telephone No Contact Person
( )
Name of Supplier Crty/Province Telephone No Contact Person
( )
ENGLISH LANGUAGE CHECKLIST
It is the express wish d the panres That this lease and all contrails,related documents and •Have all documents been completed in the legal business name and according to the
approvatl
communications be n English,whether signed or sent previously,today or in the future •was the correct rate lador usetl'+
Les parties conf anent u'd as(de fear vobntb ex esse et rec •Advance rental check made payable to Dana Commercial Credit,Canada Inc was tax included where applicab:e>
p q pr Qroque qua ce bad et lies .II a personal guarantee was requested.did the same guarantor sign'r
rdb si ls.documents m6L5 el communications sorenl temps but si aaeure.sort qu ifs to de .Does the on
elE signbs ou Iransmis antbneuremenl.en m€me Temps ou poslbneuremend a la dale de g:nal lrnvrce show model N.Senal+.and sold to Dana Commercial Credd.Canada Inc I
presentee This is a legal document-cross outs aril erasures are not accordable.complete a new document
•Questions—Please call Dana Commercial Credit.Canada Inc and ask for Decumend2boni
IU�C CUSTOMER NO. LEASE NO.
DANA COMMERCIAL CREDIT.
CANADA INC
rFessee Name:
DATE
L_ J
EQUIPMENT:
LESSEE:
YOUR LEASE SHALL COMMENCE AFTER THE DELIVERY AND INSTALLATION OF THE
EQUIPMENT LISTED ABOVE.YOUR PAYMENT WILL COVER THE INITIAL PERIODS THEREAFTER.
TO COVER INITIAL O MONTHLY ❑QUARTERLY ❑OTHER PAYMENT.
CUSTOMER NO LEASE NO 71 6 PPD.BY PROV SALES TAX
1111 AMOUNT DUE
CANADA IN(:
710 Dorval Drive Suite.406, Oakville Ontario L6K 3 v7 (41C))849-7744 (800)263-1722
QTY. DESCRIPTION OF LEASED EQUIPMENT SERIAL NO.
G si- rNZI_ 3.45' 2_4 ,"f( -77
1 (j�7-M ,(,qQ1=- I Odic-c.lhA,�+T lf-��� 7v 33 6 e AGENCY DISCLAIMER
1 Neither Supplier nor any sales-
person is an agent of Lessor
7t3 uz/67y nor are they authorized to
waive or alter the terms of this
t C n�� � Lease. Their representations
t-14.,t 1 shall in no way affect Lessee or
Lessor's rights and obligations
as herein set forth.
EQUIPMENT LOCATION:(if other than Billing Address s of Lessee) r
L� 4./Cfl Sr /JCY.J/rt:`•U J/C yL City Q-tl'Province Postal code
INITIAL P'Monthl LEASE PAYMENT ADVANCE PAYMENT
TERM y Cheque for this amount must accompany First
❑Quarterly Lease Application First&Last
(,V ❑Other __ O?ld 7� s L/(Q �0 F1 Other
/J I Indicate Prot.Sale Tax.No
No of Months EXCLUSIVE of applicable tax INCLUSIVE of applicable tax it app6cade
THIS LEASE CANNOT BE CANCELLED EXCEPT AS EXPRESSLY PROVIDED HEREIN.THIS
LEASE SHALL BECOME EFFECTIVE ONLY UPON EXECUTION BY LESSOR. THIS LEASE IS NON-CANCELLABLE
t.TERMS AND CONDITIONS.e.and Lessee le or Lessor's purchase of the Equipment selected This lease Is a binding contract consisting of all terms on the Iron(and reverse hereof.Lessee
by Lessee,Lessor leases to Lessee,and Lessee leases from Lessor,the equipment set forth above acknowledges the receipt of a Complete copy of this Lease.
and on any attached schedule("Equipment")pursuant to the terms and conditions set forth herein.
Lessee authorizes Lessor to insert in this Equipment Lease Agreement("Lease")serial numbers LESSEE(Complete Legal Name)
and other identification data when determined,This Lease constitutes the FULL AND ENTIRE r.���z/UrLJ Ustti �Lk✓Al OP-7
AGREEMENT between the Lessor and Lessee in connection with the Equipment and MERGES ANY
OTHER UNDERSTANDING.Neither parry relies on any other statement,representation or assurance Bill'lrlg Address
of cure.The Lease can be NEITHER CANCELLED NOR MODIFIED except by a written agreement `(J ��r,A�
signed by Lessee and by a corporate officer of Lessor. O z A)(-
2.LESSEE'S AND GUARANTOR'S WARRANTIES TO LESSOR,Lessee and any Guarantor
expressly represent and warrant to Lessor,and Lessor relies on,the fact that a)said parties have City Province Postal Code
read and understood this Lease before it was signed;b)said parties have selected and are lolly
satisfied with both the Equipment and the Supplier who sold the Equipment to lessor;c)said parties 113c)-V&A.LJJ J LP_ V✓'� [�(�
will authorize Lessor to pay for the Equipment only alter Lessee has received and accepted the
Equipment as fully operable for Lessee's purposes;d)said parties have freely chosen to lease,not Area Phone Date
buy,from Lessor only alter having considered other means of obtaining the use of the Equipment;
e)NEITHER THE SUPPLIER OF THE EQUIPMENT NOR ANY OF ITS SALESPERSONS ARE,OR
HAVE ACTED AS,LESSOR'S AGENTS OR EMPLOYEES;f)financial Information and other
statements provided to Lessor are accurate and correct,and will be updated upon Lessor's request Signature:
during the term of the Lease;g)said parties are currently meeting all debts as such come due;h)
the Equipment is leased exclusively for lessee's established business purposes and not for starting
a new business or for personal,family or household purposes;t)Lessee has unrestricted power to
enter into this Lease.has duly authorized the person executing it,and certifies that all signatures
are authentic;and I)said parties will pay all costs connected with the Equipment.including taxes. Print Name and Title below:
insurance,repairs,shipping.collection costs and other expenses normally paid in a net lease.
3.LESSEE'S WAIVER OF DAMAGES AND WARRANTIES FROM LESSOR.a)Lessee leases
the Equipment from Lessor"AS IS".THERE IS NO RIGHT,WARRANTY OR CONDITION(ORAL,
WRITTEN,EXPRESS,IMPLIED,STATUTORY,LEGAL,CONVENTIONAL,COLLATERAL OR
OTHER)RESPECTING THIS LEASE OR THE EQUIPMENT,INCLUDING ANY WARRANTY OF [ACCEPTED BY DANA COMMERCIAL CREDIT,CANADA INC.Lessor
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,EXCEPT AS MAV BE Date Lease c
EXPRESSLY SET FORTH HEREIN;b)IF THE EQUIPMENT IS NOT PROPERLY INSTALLED,DOES
NOT OPERATE AS REPRESENTED OR WARRANTED BY THE SUPPLIER, OR IS
UNSATISFACTORY FOR ANY REASON WHATSOEVER,LESSEE SHALL MAKE ANY CLAIM ON
ACCOUNT THEREOF SOLELY AGAINST THE SUPPLIER,AND LESSEE HEREBY WAIVES ANY
SUCH CLAIM AGAINST LESSOR,EVEN WHERE,BUT FOR THE RISKS ASSUMED BY LESSEE, GUARANTEE
THE CLAIM WOULD BE IN RESPECT OF A FUNDAMENTAL BREACH OF THIS LEASE(OTHER in consideration of the Lessor leasing to the Lessee and other good and valuable consideration,the
THAN LESSOR'S WRONGFUL FAILURE TO PAY THE SUPPLIER).All warranties from the Supplier, receipt of which Is hereby acknowledged by the undersigned,the undersigned personally
and
to Lessor are hereby assigned to Lessee for the term of the Lease for Lessee's exercise at Lessee's unconditionally guarantees payment and performance of,and agrees to be
subject to,all the terms
expense;c)LESSEE SHALL HOLD LESSOR HARMLESS AND SHALL BE RESPONSIBLE FOR and conditions of[his Lease until all obligations under the Lease are fulfilled and in the event
of default,
ANY LOSS,DAMAGE OR INJURY TO PERSONS OR PROPERTY CAUSED BY THE EQUIPMENT; hereby pledges the sole and separate estate of the undersigned and waives notice of any modification,
d)NO REPRESENTATION OR WARRANTY BY THE SUPPLIER OR SALESPERSON IS BINDING amendment or ex(entlon of the Lease.
ON LESSOR NOR SHALL BREACH OF SUCH WARRANTY RELIEVE LESSEE OF LESSEE'S
OBLIGATIONS TO LESSOR;and e)IN NO CASE SHALL LESSOR BE LIABLE TO LESSEE FOR (Signature)An Individual(No Title) Age
SPECIAL,INDIRECT OR CONSEQUENTIAL DAMAGES.
4.PAYMENTS.lessee agrees to make lease payments in advance and to pay such other charges
as provided herein.Prior to the Commencement Date,Lessee shall pay interim rental at a rate Of I (Signature)An Individual(No Title)
1130th of the monthly rent per day from and including the acceptance dale to the Commencement '/ Age
Dale.Payments of interim rent are due and payable upon Lessee's receipt of invoice from Lessor. y
Lease payments shall be increased by any cost or expense Lessor incurs to preserve the Equipment
Of to pay taxes,assessments.lees.penalties,hens,pledges.hypolhecs or encumbrances Unless
Lessor gives written notice of a new address,all payments under this Lease shall be sent to Lessor EQUIPMENT ACCEPTANCE AND PURCHASE AUTHORIZATION
at the Toronto address provided by Lessor.Each payment received will be applied first to the oldest
charge due under the Lease LESSEE AGREES THAT TIME IS OF THE ESSENCE AND TO MAKE On behalf of Lessee,I hereby certify that all of the Equipment referred to in the above Lease
has been
PAYMENTS REGARDLESS OF ANY PROBLEMS LESSEE MIGHT HAVE WITH THE EQUIPMENT delivered lo and has been received by the lessee,That all installation or other work necessary prior
INCLUDING ITS OPERATIONS,CAPABILITY,INSTALLATION,OR REPAIR EVEN WHERE THE to the use Thera I has been completed,that the Equipment has been examined by the Lessee and is
FOREGOING,BUT FOR LESSEE'S ASSUMPTION OF THESE RISKS,MIGHT TECHNICALLY in good operating order and condition and is in all respects satisfactory to the Lessee,and that the
CONSTITUTE A FUNDAMENTAL BREACH OF THIS LEASE AND REGARDLESS OF ANY CLAIM. Equipment Is accepted by the Lessee for all purposes under the Lease.
SETOFF,COUNTERCLAIM OR DEFENSE LESSEE MIGHT HAVE AGAINST THE VENDOR OR ACCORDINGLY i AUTHORIZE LESSOR TO PURCHASE THE EQUIPMENT.
MANUFACTURER("SUPPLIER").SALESPERSON,OR OTHER THIRD PARTY.Without Lessor's
prior written consent.any payment to Lessor of a smaller sum than due at any time under this Lease Authorized Signature Of Lessee: Dale:
shalt not constitute a release or an accord or satisfaction for any greater sum due.or to become
due regardless of any endorsement restriction.An advance payment shall be held by Lessor as a V
security deposit for the performance of the Lease In case the Lease is never hnalued.the advance
payment will be retained by Lessor in hmvdauch of documentation and processing expenses (For Lessor's Use Only)Verification of Acceptance Date:
5 TAXES.ASSESSMENTS AND FEES Lessee agrees to pay all licensing.filing and registration and Authorization to Purchase:
fees.to keep the Equipment free of all liens.hypolhecs and encumbrances.TO SHOW THE
EQUIPMENT AS"LEASED EQUIPMENT"ON TAX RETURNS:TO PAY LESSOR FOR ALL Given by: To:
PERSONAL PROPERTY TAXES ASSESSED AGAINST THE EQUIPMENT:to pay all other taxes.
C687
THIS DOCUMENT IS REQUIRED FOR ALL TRANSACTIONS UNDER$3,000.00
REQUEST FOR DANA COMMERCIAL CREDIT,CANADA INC. PAYMENT PLAN
Dana Commercial Credit.Canada Inc is hereby requested and authorized to draw payment periodically under its Dana Commercial Credit.Canada Inc Payment Plan.such payments
to be charged against the account of the undersigned as shown below to cover the rental payment in amordance with the terms and conditions of the Lease Agreement(s)between Dana
Commercial Credit.Canada Inc and the undersigned Lessee
AUTHORITY FOR DANA COMMERCIAL CREDIT,CANADA INC. PRE-AUTHORIZED PAYMENT PLAN TO
Bank or Financial Insti tit On
You are hereby authorized and requested to pay and demt to the account of the undersigned mentioned below whether it continues to be maintained at the branch named below or is
from time to time transferred to another branch of the bank,all payments purporting to be drawn on you on behalf of the undersigned payable b Dana Commercial Credit,Canada Inc
fr
d presented to you for payment and to pay and debt to the said account all amounts sp—had on any magnetic or computer Produced papeNape that is or purports to be a duecton
on behalf of the undersigned to credit an amount to the said Payee and 10 debt such amount to the said account This authorization may W revoked in ten days written notice to
the
branch of the bank at which the said account is for the time being mamlaned
In consideration of your acting as aforesaitl.t is agreed that your treatment of each such payment and your rights with respect to ii shall be the same as if were signed
personally and any amount specified on lam shall be the same as a written direction by the untler igned to credit the Pa of the undersigned
antl That laitur¢to pay any payment or t0 debit the amount Specified on tape shall rya¢and debit the amount to the account of the undersigned
give rise to no iabildy on your pan regardless of the loss or damage
Any delivery of this authorization to you will constitute delivery by the undersigned PLEASE ATTACH AN UNSIGNED SAMPLE CHEQUE
Bank FROM YOUR BANK OR FINANCIAL INSTITUTION
Full Name
Date Of Lessee
]Branch µµµu,yyyy����o d pe of Account ChkqutSigner 1 Title
count Number '
Z Title
91L
assessments,fees and penalties which may be levied or assessed in respect to the Equipment,its
use or any Interest therein,or any lease payments,including but not limited to all federal.provincial,
and local taxes,however designated,levied or assessed,whether upon Lessee or Lessor or the
Equipment or upon the sale,ownership,use or operation,excluding any income taxes levied on the
lease payments to Lessor.Lessor may,at its option,collect Item Lessee an escrow lee of up 10.35%
Of the Equipment cost per month for a tax escrow fund.Lessor may at its option elect ei pay on
Lessee's behalf such taxes and other amounts and file applicable returns.This lease is intended
to be a true lease but Lessee authorizes Lessor to file financing statements in respect to it at Lessor's
option as a precaution,and such filings shall not be considered in determining the character of this
lease Lessee authorizes Lessor to file the same without Lessee's signature and,It a signature is
required by law,Lessee appoints Lessor as Lessee's allorney-In-fact to execute such financing
statements.Lessee agrees to pay Lessor a fee of$950 to reimburse Lessors expenses of preparing
such Financing statements and of making credit checks and analysis of Lessee's and guarantor's
financial stalls,and of Lessor's other documentation costs.Lessee and any guarantor agree to
reimburse Lessor for reasonable costs incurred in collecting taxes,assessments,or lees for which
Lessee is liable,and any collection charges attributable thereto,including reasonable attorney fees.
LESSEE AGREES THAT LESSOR IS ENTITLED TO ALL TAX BENEFITS RESULTING FROM
OWNERSHIP OF THE EOUIPMENT Lessee agrees Thal,should any of such tax benefits be
disallowed.Lessee shall indemnity Lessor For such loss by paying Lessor an amount equal to the
value of the lost benefits.
z NOTICE.Until Lessor and Lessee notify each other of any new address In writing,any invoice
or notice required by the Lease or by law is validly given when mailed postage prepaid by first class
mail to the address provided herein,subject to applicable law.
7.SUCCESSORS AND ASSIGNMENTS.Lessee agrees not to transfer,sell,sublease,assign,
pledge or encumber either the Equipment or any rights under this Lease without the prior written
consent 01 Lessor.HOWEVER,IN ANY CASE,THE PROVISIONS OF THIS AGREEMENT BIND
ALL HEIRS,EXECUTORS,ADMINISTRATORS,SUCCESSORS,TRUSTEES,AND ASSIGNS OF
THE LESSEE AND ANY GUARANTOR.Lessor may at Its option assign its rights and interests under
this Lease.Lessee agrees that Lessor's assignee will have the same rights and remedies that Lessor
raw has.LESSEE AGREES THAT THE RIGHTS OF LESSOR'S ASSIGNEE WILL NOT BE SUBJECT
TO CLAIMS,DEFENSES,OR SETOFFS THAT LESSEE MAY HAVE AGAINST LESSOR,LESSEE
WILL PAY LESSOR'S ASSIGNEE REGARDLESS OF ANY CLAIMS AGAINST LESSOR AND WILL
SEPARATELY PURSUE THE CLAIMS AGAINST LESSOR.LESSEE AGREES THAT LESSOR IS
NOT THE AGENT OF LESSOR'S ASSIGNEE AND THAT LESSOR HAS NO AFFILIATION WITH
SUCH ASSIGNEE EXCEPT FOR SUCH ASSIGNMENT.
8.OWNERSHIP AND TITLE.Lessor is the sole owner of the Equipment,has sole title,has the
right to Inspect the Equipment,and has the rght to affix arid display a notice of Lessor's Ownership
thereon Equipment shall remain Lessor's personal property whether or not affixed to realty and
shall not be part of any real property on which it is placed.AN additions,atlachments,and accessories
placed on the of become pan of the Equipment and Lessor's properly.Lessee agrees to
maintain the Equipmenl so that it may be miraed Iran the property or building where located without
damage.
9.OPERATION AND TERMINATION.Lessee shall be solely responsible for the installation,
operation,and maintenance of the Equipment,shall keep g in good condition and running order,
and shall use and operate the Equipment in compliance with applicable laws.Lessee agrees to keep
and use This Equipment only at the business address specified above,to never abandon or move
the Equipment from that address,not relinquish possession of the Equipment except to Lessor's
agent.At the end,of the Lease term,Lessee must contact Lessor,who will designate the return location,
and Lessee shall,at Lessee's expense,immediately crate,Insure and return the Equipment to the
designated location in as good a condition as when Lessee received It,excepting only reasonable
wear and tear.Until Lessor actually receives the Equipment at the return location,the Lease renews
automatically from month to month,and Lessee agrees to continue to make lease payments at the
last effective rate under the Lease.
10.RISK OF LOSS AND INSURANCE.Until Lessee has returned the Equipment to the designated
location,Lessee bears the entire risk of loss or damage to the Equipment,regardless how arising.
Lasses shall Immediately notify Lessor of the occurrence of any Loss or other occurrence affecting
Lessor's interests and shall make repairs or corrections at Lessee's expense,in such event,Lessee
agrees to continue to meet all payment and other obligations under the Lease Lessee agrees to
keep the Equipment insured at Lessee's expense against risks of loss or damage from any cause
whatsoever,Lessee agrees that such insurance shall be not fens than the greater of the unpaid balance
of the Lease plus the and-of-term fair market value of the Equipment.or the then-current fair market
value of the Equipment.Lessee also agrees that the insurance shall be in such additional amount
as Is reasonable to cover Lessor for pudic liability and properly damage arising from the Equipment
or Lessee's use of it..Lessee agrees to name Lessor as the loss payee.Each polity shall provide
that the insurance cannot be cancelled without thirty days prior written notice to Lessor,Upon request
by Lessor,Lessee agrees to furnish prod of each insurance policy including a cer if sate of Insurance
and a copy of the policy.The proceeds of such insurance shall be applied at Lessor's sole election
toward the replacement or repair of the Equipment or payment towards Lessees obligations.Lessee
appoints Lessor as attorney-in-fact to make any claim for,receive payment of,or execute or endorse
all documents,cheques or drafts for loss or damage or return of premium under such Insurance.
Because of increased credit risks to Lessor when not insured by Lessee.Lessee agrees to pay to
Lessor each month a risk charge stipulated and liquidated at.25%of Lessor's original equipment
cost until Lessee provides proof of compliance with Insurance requirements.in spite of such risk
charge,Lessee has no right to any insurance benefits from Lessor.Lessee is still liable for all losses,
and such risk charge is not in lieu of the Insurance requirements of this Lease
It.INDEMNITY.Lessee agrees to indemnify and hold Lessor harmless from and against,any
and all losses,damages.injuries,claims,demands,and expenses(a"Claim'),including any and
all attorney's fees and Legal expenses,arising Item or caused directly or indirectly by any actual
or alleged use.possession,maintenance,condition(whether or not latent or discoverable),operation,
location,delivery or transportation of arty item of Equipment,including Claims involving negligence
by Lessor,its employees or agents.Should Lessee be entitled under applicable law to revoke its
acceptance of the Equipment,Lessee agrees to pay and indemnify Lessor for arty payment by lessor
to the Supplier of the Equipment.
12,COLLECTION CHARGES ANDATTORNEY'S FEES If any pan of any sum is not paid when
due,Lessee agrees to pay Lessor a)a one-time late charge to compensate Lessor for collecting
and processing the late sum,such late charge is stipulated and liquidated at the greater of 5.15 per
dollar of each delayed sum or$15;plus b)an interest charge for every month after the first month
in which the sum is late to compensate Lessor for the inability to reinvest the sum,even alter
judgement,such interest charge is stipulated and liquidated at 1 1/2%per month(10%per year,
computed monthly).or when less,the maximum allowed by applicable law;plus c)a collection call
charge to compensate Lessor for the time and expense in making any call,such collection call charge
is stipulated and liquidated at$1550 per collection call;plus d)a personal visit charge to compensate
Lessor for the lime and expense of making any visit,such personal visit charge Is stipulated and
liquidated a'$50 per visit;plus e)a returned-cheque or non-sufficient funds("NSF')charge to
reimburse Lessor for its time and expense incurred with respect to a cheque(hat Is returned for
any reason Including non-sufficient or uncollected funds,such NSF charge is stipulated and liquidated
at the greater of$50 or actual bank charges to Lessor.plus other amounts allowed by law.
LESSEE AND ANY GUARANTOR AGREE TO PAY LESSOR'S REASONABLE ATTORNEY
FEES AS DAMAGES AND NOT COSTS In all proceedings arising under this lease.such proceedings
include any arburalron,bankruptcy proceeding,civil action.mediation,counter claim on which Lessor
prevails or post-judgement action or appeal with respect to arty of the foregoing A reasonable attorney
lee Is not less than the greater Of$300 or 25%of Lessor's total amount in collection.
13 DEFAULT.Lessee shall be in default of this Lease on any of the following events:a)Lessee
fails to pay any month's rent within ten days alley n first becomes due.b)Lessee assigns.moves.
pledges,subleases,sells or relinquishes possession of the Equipment.or attempts to do so.without
Lessor's prior written authorization;c)Lessee breaches any of its warranties or other obligations
under this Lease,Or any other agreement with Lessor,and fails to cure such breach within ten days
after Lessor sends notice Of the existence of such breach.d)any execution or writ of process is
issued in any action or proceeding to seize or detain the Equipment.e)Lessee or any guarantor
gives Lessor reasonable cause to be insecure about Lessee's willingness a ability to perform
obligations under the Lease or any other agreement with Lessor,if Lessee or any guarantor dies
or makes an assignment for the benefit of creditors or proposes a compromise or arrangement with
creditors or Is or becomes insolvent or bankrupt on voluntarily or otherwise subject to any proceeding
or appointment in bankruptcy or receivership or for winding up,dissolution or liquidation.or unable
to pay debts when due.or undergoes a substantial deterioration of financial health,g)Lessee ceases
in significant part doing business as a going concern,makes a bulk sale,transfers all a substantially
all of its assets,becomes reorganized.amalgamated or merged,or there occurs any material change
rn the actual control of Lessee
14 REMEDIES Should Lessee default or repudiate this Lease.Lessor has the right to exercise
any or all of the following of Lessor may.without notice.accelerate all sums under the Lease and
lequee Lessee to immediately pay Lessor all sums that are already due and the discounted value
of those that will become due plus the discounted value of the amount that would have been the
lair market value of the Equipment at the end of the lease It the Lessee had properly cared lot the
equipment;b)All lost or recaptured Tax benefits 10 Lessor shall also be immediately due and payable
from the Lessee:c)Lessor has the right to immediately retake possession of the Equipment without
any court order or other process of law and for such purpose may enter upon any premises where
the Equipment may be,remove the same and apply any proceeds as provded below,d)Lessor has
the right to exercise any remedy al law a equity.notice thereof being expressly waived by Lessee
and any guarantor,to the extent permltad by applicable faw;e)Lessor's action or failure to act on
one remedy constitutes neither an election to be limited thereto nor a waiver of any other remedy
nor a release of Lessee from the liability b return the Equipment or for any Loss or Claim with respect
(hereto;I)The provisions of this Lease are severable and shall not be affected or impaired it any
one provision is held unenforceable,irraaltd.or illegal.Any provision held in conflict with any statute
or rule of law shag be deemed inoperative only to the extent of such conflict and shall be modified
Io conform with such statute or rule;g)Without prejudice to the nature of this document as a true
lease or 10 the meaning and enforcement of any term expressed herein(Lessee hereby acknowledging
its full appreciation of the significance of this section)'(Q Lessee.II a corporation,irrevocably waives
and releases all d the rights,benefits and protection now or in future given by sections 19 to 24
inclusive of the Sale of Goods on Condition Act of British Columbia(R S BC 1979.c 373)or section
49 of the Law of Property Act of Alberta(RS.A.1980,c.48),as they may be amended.re-enacted
or replaced from lime to time,Insofar as such rights,benefits or protection may be related to any
Iransaclion under,or to any agreement or instrument renewing or extending or collateral lo.this lease
as from time amended;(It)Lessee,it a corporation,agrees that The Limitation of Civil Rights Act
of Saskatchewan(R.S S.1978,a L,16)as from time to time amended,re-enacted or replaced shall
have no application to this lease as from lime to time amended.or to any mortgage.charge or other
security for the payment of money now or in future made.given or created by this lease as Item
time amended a by any agreement or instrument collateral thereto,or to arty agreement a Instrument
renewing or extending or collateral to this lease as Irom time a lime amended or to any such mortgage,
charge,security,agreement.or instrument,or to the rights,Powers and remedies of Lessor under
any of the foregoing:and pli)Lessee agrees that II this lease Is governed in any respect by the laws
of Quebec.the provisions of the Civil Code of the Province of Quebec pertaining to the leasing and
hiring of things,as from time to time amended,re-enacted or replaced,shall not impair the enforcement
Of any provision of this lease as from time Io time amended
15.MITIGATION OF DAMAGES.In furtherance of the mitigation of damages.Lessee and any
guarantor agree and stipulate a)Each accelerated sum and Jesse-end lair market value shall have
a discounted or present value computed al 6%per annum.A single payment present worth factor
shall be applied to the lease-end fail market value.A uniform series present worth factor shall be
applied to the accelerated periodic payments;b)Should Lessor dispose of any returned or repossessed
Equipment.Lessor will credit the amount that Lessee owes with any excess which Lessor actually
recovers over the Cost of retaking and disposing of the equipment.Such credit shall not be deemed
to be an equity offset,but shall tle In lull mitigation of Lessor's repossession of the Equipment before
the end of IN Lease.C)To encourage and Iacditale selltemenl of any dispute.and Io appodion litigation
costs associated therewith,any deposition of any witness.whether a party or not,shall be taken
by telephone andzter by video tape in the county where the witness works or resitles.Such deposition
may be used for any purpose including any discovery.trial,or proceeding as long as the deponent
resitles or works more than 100 miles away therefrom.No party shall require any witness to attend
any deposition,trial,or proceeding more than 100 miles Iran where that witness resides or works
wnhou(first tendering to that witness lull payment of all costs reasonably necessary to allow such
attendance Including travel,transportation.lodging and meals:d)AI Lessors sole election.Lessor
may submit any matter arising out of this transaction.including any claim,counterclaim,setoff,or
defense,to binding arbitration at any site of Lessor's choice.It the Lessor elects arbitration,no fight
of action or other proceeding under or with respect to this lease shall accrue a be Continued until
after adjudication by the arbitralor.The decision and award of the orbiit (s)shag be final and binding
and may be entered as rendered In any court having jurisdiction thereof.
16 CONSENT TO ONTARIO LAW,JURISDICTION,VENUE,AND NON-JURY TRIAL.Lessee
and any guarantor consent.agree,and'Itputate That,a)this Lease shall be deemed fully executed
and performed in the Province of Ontario and shall be governed by and construed in accordance
with the laws thereof;and b)in any action,proceeding,or appeal on any matter related to or arising
out of this Lease,the Lessor.Lessee and any guarantor 1)SHALL BE SUBJECT TO THE PERSONAL
JURISDICTION OF THE PROVINCE OF ONTARIO,including any court siding therein,and all court
rules thereof;2)SHALL ACCEPT VENUE IN ANY COURT IN ONTARIO;and 3)EXPRESSLY WAIVE
ANY RIGHT TO A TRIAL BY JURY so that trial shall be by and only to the court.
17 CONSENT M SERVICE OF PROCESS.Lessee and any guarantor agree that any process
served for any action or proceeding shall be valid it mailed by registered mad,return receipt requested.
with delivery restricted to either the addressee,its registered agent,or any agent appointed in writing'
to accept such process.
I&WAIVER.It is the express wish of the parties that this lease and all contracts.related
documents and communications be in English,whether signed or sent previously,today or In the
future.
Les paries conferment qu'il est de leur wlontb expresse at rbeiproque qua ce ball at tous contrals.
documents tables of communications Solent rbdigbs an ringlets.$ill quYS orient bib signbs ou transmits
antbrieurement.an mume temps Ou Postbrleurement a Is date de prbsentes.
ss3NlsnB
s,Moddowoi NO-4 sNoumos
9NISINW19 3AIlVAONN1
ONI VCIVNVD
:1Ja3N0"7YI3�131/`li VNVO
11
ATTACHMENT "B"
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 89-
Being a By-Law to authorize the entering into a
Lease Agreement with Dana Commercial Credit Canada Inc.
The Municipal Council of the Corporation of the Town of Newcastle
Hereby Enacts as follows:
1. That the Mayor and Clerk are hereby authorized to execute,
on behalf of the Corporation of the Town of Newcastle, and
seal with the Corporate Seal, a Lease Agreement between
Dana Commercial Credit Canada Inc. and the Corporation
dated this day of July, 1989, which agreement
is attached hereto and marked Schedule "A".
2. That this By-Law not take effect until approved by the
Ontario Municipal Board, pursuant to Section 64 (1)
of the Ontario Municipal Board Act.
By-Law read a first and second time this day of July, 1989.
By-Law read a third time and finally passed this day of July, 1989.
Mayor
Clerk
719
Note: Provincial Sales Tax is extra ATTACHMENT "C"
to any of the following pricing:
BID SUMMARY
BIDDER PURCHASE PRICE LEASE COPIES PER MINUTE TOTAL MONTHLY COST
(MONTH) (LEASE & MAINTENANCE)
(60 MONTHS)
Office Copy $ 1,399.00 $ 49.00 12 $ 97.00
(not as per specification)
Cook's Office $ 2,345.00 $ 66.65 18 $ 126.65
Equipment (not as per specification)
(Minolta
Model EP3120
National Office $ 2,995.00 $ 74.95 18 $ 145.75 N
Systems (automatic sorting not included)
Able Office $ 5,695.00 $ 143.91 18 $ 200.91
Equipment (1000 sheet deck -
(Toshiba) $495.00; 20 bin
sorter $1295.001)
Gestetner $ 6,6201.00 $ 166.82 25 $ 226.82
or
$ 8,865.001 $ 212.78 same as above $ 272.78
(includes 20 bin sorter)
$ 9,788.001 $ 237.901 same as above $ 297.901
(as above but with
25010 sheet paper desk
and 20 bin sorter)
Note: Provincial Sales Tax is extra ATTACHMENT "C"
to any of the following pricing: (continued)
BID SUMMARY
BIDDER PURCHASE PRICE LEASE COPIES PER MINUTE TOTAL MONTHLY COST
(MONTH) (LEASE & MAINTENANCE)
(60 MONTHS)
Cook's Office $ 3,608.50 $ 97.11 21 $ 257.11
Equipment + 3,920.00 (options)+ 100.00
(Minolta = 7,528.51 (options)
Model EP41OZ (large paper deck n/a)
O.E. Oshawa Inc. $ 9,160.00 $ 240.63 27 $ 300.63
(Canon) (1000 sheet paper
deck included
20 bin sorter -
$ 1,517.00)
N
i�
Telecopy $ 12,289.00 $ 297.00 25 $ 336.00
(Savin) (2500 sheet paper
deck $ 495.00
20 bin sorter included)