HomeMy WebLinkAboutee72aaa4-9f12-4ca6-acfa-ebf4200a42ed AGREEMENT GREATAMERICA FINANCIAL SERVICES CORPORATION
G re a t A e ri c a 625 FIRST STREET SE,CEDAR RAPIDS IA 52401
PO BOX 609,CEDAR RA�PIID/S,IA/52406 0d609
WFINANCIAL SERVICES ... AGREEMENTSNO.c_.I Will-r_067. _..__. ..
!CUSTOMER •- •
FULL LEGAL NAME: City of Lake Elsinore
ADOREss; 130South Main St ..Lake Elsinore Ca.92632
Innovative Document Solutions Mutrrieta CA
EQUIPMENTr PAYMENT TERMS
TYPE,MAKE,MODEL NUMBER;SERIAL NUMBER,AND INCLUDED ACCESSORIES ❑ SEE ATTACHED SCHEDULE
1 Canon C6736 Copier System
EQUIPMENT LOCATION;As Stated Above ('PLUS TAX)
TERM IN MONTHS:. 60 MONTHLY PAYMENT AMOUNT': $281.00 PURCHASE OPTION-: Fair Market Value
SECURITY DEPOSIT:0
ADDITIONAL TERMS AND CONDITIONS
AGREEMENT.You want us to now pay your Vendor for the equipment and/or software referenced herein INSURANCE.You agree to maintain commercial general liability Insurance acceptable to us.You also agree
('Equipment")and the amounts your Vendor included on the invoice to Lis for the Equipment for related to:1)keep the Equipment fully insured against loss al Its replacement cost,with us named as loss payee;and
installation,training,and/or Implementation costs,and you unconditionally agree to pay us the amounts 2)provide proof of Insurance satisfactory to us no later than 30 days following the commencement of this
payable under the terms of this agreement('Agreement')each period by the due date.This Agreement will Agreement,and thereafter upon our written request II you fail to maintain property loss insurance satisfactory
begin on the date the Equipment is delivered to you or any later date we designate.We may charge you a to us and/or you fall to timely provide proof of such Insurance,we have the option,but not the obligaUon,to
onetime origination fee of$89,50.If any amount payable to us is past due,you will pay a late charge equal secure property loss insurance on the Equipment from ecarder of our choosing In such forms and amounts as
to:1)the greater of ten(10)cents for each dollar overdue or Iwenly-six dollars($26.00);or 2)the highest we deem reasonable to protect our interests.If%e secure Insurance on the Equipment,we will not name you
lawful charge,If less.Any security deposit will be returned upon full performance. as an insured party,your interests may not be fully protected,and you will reimburse us the premium which
NET AGREEMENT.THIS AGREEMENT IS NON-CANCELABLE FOR THE ENTIRE AGREEMENT TERM. may be higher than the premium you would pay if you obtained insurance,and which may result in a profit to
YOU UNDERSTAND WE ARE PAYING FOR THE EQUIPMENT BASED ON YOUR UNCONDITIONAL us through an Investment in reinsurance.it you are current In all of your obligations under the Agreement at
ACCEPTANCE OF IT AND YOUR PROMISE TO PAY US UNDER THE TERMS OF THIS AGREEMENT, the time of loss,any Insurance proceeds received will be applied,at our option,to repair or replace the
WITHOUT SET-OFFS FOR ANY REASON, EVEN IF THE EQUIPMENT DOES NOT WORK OR IS Equipment,or to pay us the remaining payments due or to become due under this Agreement plus our
DAMAGED,EVEN IF IT IS NOT YOUR FAULT, booked residual,both discounted at 3%per annum.
EQUIPMENT USE.You will keep the Equipment In good working order,use it for business purposes only, TAXES.We own the Equipment.You will pay when due,either directly or by reimbursing us,all taxes and
and not modify or move It from its initial location without our consent.You must resolve any dispute you may fees relating to the Equipment and this Agreement.Sales or use tax due upfront will be payable over the
have concerning the Equipment with the manufacturer or Vendor.Payments under this Agreement may term with a finance charge.
include amounts you owe your Vendor under a separate arrangement(for maintenance,service,supplies, END OF TERM.At the end of the lens of this Agreement(or any renewal term)(the"End Date',this
etc.),which amounts may be invoiced by us on your Vendor's behalf for your convenience. Agreement will renew month to month unless a)you provide us written notice,at least 30 days prior to the
SOFTWARE/DATA.Except as provided In this paragraph,references to"Equipment'include any software End Date,of your intent to return the Equipment,and b)you timely return the Equipment to the location
referenced above or installed on the Equipment.We do not own the software and cannot transfer any Interest designated by us,at your expense.It a Purchase Option is Indicated above and you are not In default an
in It to you.We are not responsible for the software or the obligations of you or the licensor under any license the End Date,you may purchase the Equipment from us"AS IS'for the Purchase Opbion price.If the
agreement.You are solely responsible for protecting and removing any confidential data/images stored an returned Equipment is not immediately available for use by another without need of repair,you will
the Equipment prior to its return for any reason. reimburse us for all repair costs.You cannot pay off this Agreement or return the Equipment prior to the
NO WARRANTY.WE MAKE NO WARRANTIES,EXPRESS OR IMPLIED,INCLUDING WARRANTIES OF End Dale without our consent.If we consent,we may charge you,In addition to other amounts owed,an
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HAVE ACCEPTED THE early termination fee equal to 5%of the amount we paid for the Equipment.
EQUIPMENT "AS-IS". YOU CHOSE THE EQUIPMENT, THE VENDOR AND ANYIALL SERVICE DEFAULTIREMEDIES.tt a payment becomes 10+days past due,or If you otherwise breach this Agreement,
PROVIDER(S)BASED ON YOUR JUDGMENT.YOU MAY CONTACT YOUR VENDOR FOR A STATEMENT you will be in default,and we may require that you return the Equipment to us at your expense and pay us:1)
OF THE WARRANTIES,IF ANY,THAT THE MANUFACTURER OR VENDOR IS PROVIDING.WE ASSIGN all past due amounts and 2)all remaining payments for Ilre unexpired term,plus our booked residual,
TO YOU ANY WARRANTIES GIVEN TO US, discounted at 3%per annum;and we may disable or repossess the Equipment and use all other legal
ASSIGNMENT.You may not sell,assign or sublease the Equipment or this Agreement without our written remedies available to us.You agree to pay all costs and expenses(including reasonable attorney fees)we
consent.We may sell or assign this Agreement or our rights in the Equipment,In whole or in part,to a third incur in any dispute with you related to this Agreement.You agree to pay us 1.5%interest per month on all
party without notice to you.You agree that if we do so,the assignee will have our rights but will not be subject past due amounts.
to any claim,defense,or set-off assertable against us or anyone else. UCC. You agree that this Agreement Is(and/or shall be treated as)a"Finance Lease"as that term is
LAWIFORUM.This Agreement and any claim related to this Agreement will be governed by Iowa law.Any defined in Article 2A of the Uniform Commercial Code("UCC").You agree to forgo the rights and
dispute will be adjudicated in a stale or federal court located in Linn County,Iowa.You consent to personal remedies provided under sections 507-522 of Article 2A of the UCC.
Jurisdiction and venue in such courts and waive transfer of venue.Each party waives any right to a jury trial. MISCELLANEOUS. This Agreement is fire entire agreement between you and us relating to the
LOSS OR DAMAGE.You are responsible for any damage to or loss of the Equipment No such loss or Equipment and supersedes any prior representations Of agreements,including any purchase orders.
damage will relieve you from your payment obligations hereunder.We are not responsible for,and you will Amounts payable under this Agreement may include a profit to us.The parties agree that the original
indemnify us against any claims,losses or damages.Including attorney fees.In any way relating to the hereof for enforcement and perfection purposes,and the sole"record'constituting'chattel paper'under
Equipment or data stored on it.In no event will we be liable for any consequential or indirect damages. the UCC,Is the paper copy hereof bearing(i)the original or a copy of either your manual signature or an
electronically applied indication of your intent to enter Into this Agreement,and(II)our original manual
lure. c e must be In vrifinn fd rued by each
APPLICABLE TO GOVERNMENTAL ENTITIES ONLY
You hereby represent atd warrant to us that as ofaAa.date of fhe Agreement(a)the Individual who executed the Agreement had full power and aidh Iy:to exeEaledfi•Agteef ieml on your behalf;(b)82 regttired
procedures necessary to make the Agreement a legal and binding iftation 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 or the current fiscal year are within the current budget and are within an available,unexhausted,and unencumbered appropriation;
(a)you intend to pay all amounts payable under the terms of the Agreement when due,8 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,whch 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 opinlon)cerdfong that
(a)you are a stale or a fully constituted political subdivision or agency of the stale 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 11 legally available for the payment of amounts due under the Agreement. You agree that
this S1raa0 if end'tofhealtoniN et9b9lew ud0s.. fromeateil inof)te A Iftlre 00 tllutesaMulti- +rf ditbnal rd abillitiatiom
• • AUTHORIZED SIGNATURE
THIS AGREEMENT IS NON-CANCELABLE FOR THE FULL AGREEMENT TERM.THIS AGREEMENT IS BINDING WHEN WE EXECUTE THIS AGREEMENT AND PAY FOR THE EQUIPMENT.
OWNER:Grea eri a Financi ervices Corporation CUSTOMER: AS St Abov
SIGNATURE: I DATE: SIGNATURErl;5I6I21 '
PRINT NAME TI E: PRINT NAME&TITL
OF DELIVERY AND ACCEPTANCE
The Customer hereby certifies that all the Equipment:1)has been received,installed,and inspected,and 2)is fully operational and unconditionally accepted.
SIGNATURE:X NAME AND TITLE: DATE:
001967-ZG01 M(TL) 0510 11/28117 220
ORIGINAL