HomeMy WebLinkAboutMunicipal Non-Appropriation Agreement and Acknowledgement (GreatAmerica).3229631 Docusign Envelope ID: D722DA9C-7F20-443E-AACD-09B5265D4248
NON-APPROPRIATION AGREEMENT AND ACKNOWLEDGEMENT
(Applicable to Governmental Entities Only)
This Non-Appropriation Agreement and Acknowledgement ("Acknowledgement") relates to that certain agreement between
Lake Elsinore, City of ("Governmental Entity") and GreatAmerica Financial Services Corporation ("Company"), which
agreement is identified in Company's records as agreement number 3229631 ("Agreement"). All capitalized terms used in
this Acknowledgement which are not defined herein shall have the meanings given to such terms in the Agreement. The
undersigned, an authorized representative of Governmental Entity, hereby acknowledges and agrees as follows:
• As of the date of the Agreement: (a) the individual who executed the Agreement had full power and authority to
execute the Agreement on Governmental Entity's behalf; (b) all required procedures necessary to make the
Agreement a legal and binding obligation against it were followed; (c) the Equipment will be operated and
controlled by Governmental Entity 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) Governmental Entity intends to pay
all amounts payable under the terms of the Agreement when due, if funds are legally available to do so; (f)
Governmental Entity's 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 its tax or general
revenues; and (h) Governmental Entity will comply with any applicable information reporting requirements of the
tax code, which may include 8038-G or 8038-GC Information Returns.
• If Governmental Entity exercises its right under applicable law 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 (other than the expense of returning the Equipment to the location designated by Company)),
Governmental Entity's Chief Executive Officer(or Legal Counsel) will deliver a certificate (or opinion) to Company
at least thirty (30) days prior to the start of the fiscal period for which funds were not appropriated, certifying that
(a) Governmental Entity is a state or a fully constituted political subdivision or agency of the state in which it is
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 Governmental Entity; and
(d) Governmental Entity has exhausted all funds legally available for the payment of amounts due under the
Agreement. This paragraph only applies if, and to the extent that, state law precludes Governmental Entity from
entering into the Agreement if the Agreement is deemed to constitute 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 Governmental Entity as of
the termination date.
• Company relied on this Acknowledgement as part of the Agreement.
A copy of this Acknowledgement containing Governmental Entity's original or facsimile signature or other indication of its
intent to agree to the terms set forth herein shall be enforceable for all purposes.
GOVERNMENTALAUTHORIZED
As Stated Above) Shannon Buckley Assistant City Manger to 1/16/2026
SIGNATURE NAME&TITLE DATE
VG07NAMC_0924