HomeMy WebLinkAbout587ccf0b-ad2b-4b3e-87df-e33e064ae058 ORIGINAL
AGREEMENT GREATAMERICA FINANCIAL SERVICES CORPORATION
OGreatAmjeri c a PO BOX 609,CEDAR RAPT625 FIRST STREET BE, S IIA�900924°1
FINANCIAL SERVICES AGREEMENTNO.:
CLISTOMER
FULL LEGAL NAME: City Of Lake Elsinore
ADDRESS: 130 South Main St Lake Elsinore Ca.92532
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Innovative Document Solutions Murrieta CA
EQUIPMENT • PAYMENT TERMS
TYPE,MAKE,MODEL NUMBER,SERIAL NUMBER,AND INCLUDED ACCESSORIES ❑ SEE ATTACHED SCHEDULE
1 Canon DX C3830 Copier System 1 Canon DX 4735 Copier System
1 Canon DX 4735 Copier System
EQUIPMENT LOCATION:AS Stated Above ('PLUS TAX)
TERM IN MONTHS: 60 MONTHLY PAYMENT AMOUNT': SSfS2"OO PURCHASE OPTION•: Fair Market Value
SECURrrY DEPOSIT:
ADDITION AL TERMS AND • •
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
("Equlpmenr)and the amounts your Vendor Included on the Invoice to us for the Equipment for related to:1)keep the Equipment fully insured against loss at Its replacement cost,with us named as loss payee;and
Installation,training,andlor 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[arms of this agreement("Agreement")each period by the due dale.This Agreement will Agreement and thereafter upon our written request If 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 as andlor you fail to(tnely provide proof of such insurance,we have the option,but not the obligation,to
one-time 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 a carrier of our choosing In such forms and amounts as
to:1)the greater of tan(10)cents for each dollar overdue or twenty-six dollars($26.00);or 2)the highest we deem reasonable to protect our interests.If we seam 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 progl to
YOU UNDERSTAND WE ARE PAYING FOR THE EQUIPMENT BASED ON YOUR UNCONDITIONAL us through an Investment in reinsurance.If you are current In all of your obligations under the Agfemnonl 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, hooked residual,both discounted at 3%per annum.
EQUIPMENT USE.You Off 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 most resolve any dispute you may fees relating to the Equipment and this Agreement.Sales or use tax due upfront will be payable over lyre
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.Al the and of the term of this Agreement(or any renewal term)(the"End Date'),this
etc.),which amounts may be invoiced by us on your Vendor's behalf foryour convenience. Agreement will renew month to month unless a)you provide us written notice,at least 30 days prior to the
SOFTWAREIDATA.Except as provided in this paragraph,references io'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.If a Purchase Option Is Indicated above and you are not In default on
In It to you.We are not responsible for the software or the obligations of you or the licensor under any license the End Dale,you may purchase the Equipment from us"AS IS'for the Purchase Option price.If the
agreement.You are solely responsible for protecting and removing any confidential dalaAmages stored on returned Equipment is not immediately available for use by another without need of repair,you will
the Equipment prior to its return for any(eason, 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 Date 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 "AS16", YOU CHOSE THE EQUIPMENT, THE VENDOR AND ANY/ALL SERVICE DEFAULTIREMEDIES,if a payment becomes 10+days past due,or if you otherwise breach this Agreement,
PROVIDER($)BASED ON YOUR JUDGMENT.YOU MAY CONTACT YOUR VENDOR FOR A STATEMENT you w611 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 pas[due amounts and 2)all remaining payments for the unexplred 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 aft 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=is and expenses(Including reasonable atlomey fees)we
consent We may sell or assign this Agreement or our rights In the Equipment in whole or in pad,to a third Incur in any dispute with you related to this Agreement.You agree to pay us 1.6%interest per month on all
party without notice to you.You agree that it we do so,the assignee will have our rights but Of not be subject past due amounts.
to any claim,defense,or set-off assedable against us or anyone else. UCC. You agree that this Agreement is(and/or shall be treated as)a'Finance Lease"as that tern is
L.AWIFORUM,This Agreement ark any claim related to this Agreement Oil be governed by Iowa law.Any defined In Article 2A of the Uniform Commercial Code rUCCJ.You agree to forgo the rights and
dispute will be adjudicated in a slate or federal court located in Linn County,Iowa.You consent to persona) remedies provided under sections 507.522 of Article 2A of the UCC.
jurisdiction and venue in such counts and waive transfer of venue.Each party waives any fight to ajury Idal. MISCELLANEOUS. This Agreement is the 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 repfesentations or 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 orjgtnal
indemnity 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'chaftel paper'under
Equipment or data stored on it In no event will we be gable for any consequential or indirect damages. the UCC,is the paper copy hereof bearing(1)the original or a copy of either your manual signature or an
electronically applied indication of your Intent to enter Into this Agreement,and(it)our original manual
sloondure.Amv c a must be in wrltin s Iry each
APPLICABLE TO GOVERNMENTAL
You hereby represent and warrant to us that as of the date of the Agreement(a)the individual who executed the Agreement had fug 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 fire 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;
(a)you intend to pay all amounts payable under the terms of the Agreement when due,if funds are legally available to do so;(1)your obligations to remit amounts under the Agreement constitute a current expense and
not a debt under applicable stale law;(g)no provision of the Agreement constitutes a pledge of your tax or general revenues;and(h)you ON comply with any applicable information reporting requirements of the tax
code,which may Include 8038•G or 803E-GC Information Returns.II 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 deslgnated 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 certficate(or opinion)certifying that
(a)you are a stale or a fully constiluted 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
IN re In aha11 drrova if and lo tho extent Ihal stale few r udo u from enter Into tha A(cement if 1ho A reemonl oonslttuias a mutlf•ear taco tional nt o atom,
• . • AUTHORIZED
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:GreatAmer ca Financial Services Corporation CUSTOMER A Stated Above
SIGNATURE: DATE: SIGNA7UfiE' rk I'+ �`:
PRINT NAME&TITLE: PRINT NAME&
CERTIFICATE OF DELIVERY AND ACCEPTANCE
The Gusto r he b rtifies[hat all the I ant:1)has been received,installed,and Inspected,and 2)is JWy operational and unco tonally accepted.
B.i.3K1AtURHt NAME AND TITLE DATE:
001967-ZGO1 M(TL)_0510 11/28117 220