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Home My WebLink About98c110fe-dda6-4bbc-8802-6900e6768f7c DoouSlgn Envelope ID B4073694-15CF-4B1B-9E5F-BOF8F7D951A1 AGREEMENT GREATAMERICA FINANCIAL SERVICES CORPORATION PAYMENTADDRESS Gre a tA 111 e ri c a PO BOX 660831,OALLAS TX 75268-0631 1II�I1111111111111111iFIMANCIAL SERVICES AGREEMENT NO.:1933566 CUSTOMEROR • FULL LEGAL NAME Lake Elsinore,P&of ADDRESS, 130 S Main St Lake Elsinore CA 92530-4109 1!1••' s- • • • • n l : • • •• • •• iijji •111• • • Innovative Document Solutions Murrleta CA EQUIPMENT TYPE,MAKE,MODEL NUMBER,SERIAL NUMBER,AND INCLUDED ACCESSORIES ❑SEE ATTACHED SCHEDULE 1 Canon ImageRUNNE:R ADVANCE DX 49251 Copier L ®O O o 1 Canon imageRUNNER ADVANCE DX 89051 Coffer Z 1 *3 7 -3 5 1 Canon ImageRUNNER ADVANCE DX C3935i Copier . L Yyl t) i a 19() 1 EQUIPMENT LOCATION-As Stated Above ('PLUS TAX) TERM IN MONTHS 60 MONTHLY PAYMENTAMOUNT' 1967.61 PURCHASE OPTION• Fair Market Value 1CONTRACT THIS AGREEMENT IS NON-CANCELABLE AND IRREVOCABLE.IT CANNOT BE TERMINATED.PLEASE READ CAREFULLY BEFORE SIGNING.THIS AGREEMENT AND ANY CLAIM RELATED TO THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF IOWA.ANY DISPUTE WILL BE ADJUDICATED IN A FEDERAL OR STATE COURT IN LINN COUNTY,IOWA. YOU HEREBY CONSENT TO PERSONAL JURISDICTION AND VENUE IN SUCH COURTS AND WAIVE TRANSFER OF VENUE. EACH PARTY WAIVESANY RIGHT TO A JURY TRIAL. •MER'S ALITHORIZED SIGNATUREBY SIGNING THIS PAGE,YOU REPRESENT TO US THAT YOU HAVE RECEIVED AND READ THE ADDITIONAL TERMS AND CONDITIONS APPEARING ON THE SECOND PAGE OF THIS TWO-PAGE AGREEMENT.THIS AGREEMENT IS BINDING WHEN WE EXECUTE THIS AGREEMENT AND PAY FOR THE EQUIPMENT. (As Stated Above) X ja y, �iAys6w 7ason Simpson CITY MANAGER 11/7/2023 CUSTOMER SIGNATURE PRINT NAME&TITLE DATE • • GreatAmerica Financial Services Corporation X Z OWNER SIGNATURE PRINT NAME&TITLE DATE VG02M(TQ_0420-Doou 11/07/23 PAGE 1 OF 2 135 ORIGINAL DocuSign Envelope ID.B4073694-15CF-4131B-9E5F-BOFBF7D951A1 ADDITIONAL TERMS AND CONDITIONS AGREEMENT.You wan[us to now pay your Vendor for the equipment and/or software referenced herein('Equipment")and the amounts your Vendor included on the invoice to us for the Equipment for related installation,training,andlor implementation costs,and you unconditionally agree to pay us the amounts payable under the terms of this agreement("Agreement")each period by the due date, This Agreement will begin on the date the Equipment is delivered to you or any later dale we designate.We may charge you a one-time origination fee of$175.00.If we do not receive by the due date, at the remittance address indicated on your Invoice,any amount payable to us,you will pay a late charge equal to-1)the greater of ten(10)cents for each dollar overdue or twenty-six dollars($26.00); or 2)the highest lawful charge,if less NET AGREEMENT.THIS AGREEMENT IS NON-CANCELABLE FOR THE ENTIRE AGREEMENT TERM.YOU UNDERSTAND WE ARE PAYING FOR THE EQUIPMENT BASED ON YOUR UNCONDITIONAL ACCEPTANCE OF IT AND YOUR PROMISE TO PAY US UNDER THE TERMS OF THIS AGREEMENT,WITHOUT SET-OFFS FOR ANY REASON,EVEN IF THE EQUIPMENT DOES NOT WORK OR IS DAMAGED,EVEN IF IT IS NOT YOUR FAULT. EQUIPMENT USE.You will keep the Equipment in good working order,use it for business purposes only,not modify or move it from its initial location without our consent,and bear the risk of its non- compliance with applicable laws.You agree that you will not take the Equipment out of service and have a third party pay(or provide funds to pay)the amounts due hereunder.You must resolve any dispute you may have concerning the Equipment with the manufacturer or Vendor.You will comply with all laws,ordinances,regulations,requirements and rules relating to the use and operation of the Equipment i VENDOR SERVICES.Payments under this Agreement may include amounts you owe your Vendor under a separate arrangement(for maintenance,service, supplies,etc,),which amounts may be invoiced by us on your Vendor's behalf for your convenience.You will look solely to your Vendor for performance under any such arrangement or to address any disputes arising thereunder. SOFTWAREIDATA.Except as provided In this paragraph,references to°Equipment"include any software referenced above or installed on the Equipment.We do not own the software and cannot transfer any interest in it to you We are riot responsible for the software or the obligations of you or the licensor under any license agreement.You are solely responsible for protecting and removing any confidential datafimages stored on the Equipment priorio its return for any reason, NO WARRANTY.WE MAKE NO WARRANTIES,EXPRESS OR IMPLIED,INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.YOU HAVE ACCEPTED THE EQUIPMENT"AS-IS".YOU CHOSE THE EQUIPMENT,THE VENDOR AND ANYIALL SERVICE PROVIDER(SI BASED ON YOUR JUDGMENT.YOU MAY CONTACT YOUR VENDOR FOR A STATEMENT OF THE WARRANTIES,IF ANY,THAT THE MANUFACTURER OR VENDOR IS PROVIDING.WE ASSIGN TO YOU ANY WARRANTIES GIVEN TO US. ASSIGNMENT.You may not sell,assign or sublease the Equipment or this Agreement without our written consent.We may sell or assign this Agreement or our rights in the Equipment,in whole or in part,to a thud party without notice to you.You agree that if we do so,the assignee will have our rights but will not be subject to any claim,defense,or set-off assertable against us or anyone else, LOSS OR DAMAGE,You are responsible for any damage to or loss of the Equipment.No such loss or damage will relieve you from your payment obligations hereunder.We are not responsible for,and you will indemnify us against,any claims,losses or damages,including attorney fees,in any way relating to the Equipment or data stored on it.This indemnity will survive the expiration of this Agreement.In no event will we be liable for any consequential or indirect damages, INSURANCE.You agree to maintain commercial general liability insurance acceptable to us.You also agree to,1)keep the Equipment fully insured against loss at its replacement cost,with us named as loss payee,and 2)provide proof of Insurance satisfactory to us no later than 30 days following the commencement of this Agreement,and thereafter upon our written request.If you fail to maintain property loss Insurance satisfactory to us and/or you fail to timely provide proof of such Insurance,we have the option,but not the obligation,to secure property loss insurance on the Equipment from a carrier of our choosing in such forms and amounts as we deem reasonable to protect our interests,If we secure Insurance on the Equipment,we will not name you as an insured party,your interests may not be fully protected,and you will reimburse us the premium which may be higher than the premium you would pay If you obtained insurance,and which may result in a profit to us through an Investment in reinsurance If you are current in all of your obligations under the Agreement at the time or loss,any insurance proceeds received will be applied,at our option,to repair or replace the Equipment,or to pay us the remaining payments due or to become due under this Agreement,plus our booked residual,both discounted at 3%per annum. TAXES.We own the Equipment.You will pay when due,either directly or by reimbursing us,all taxes and fees relating to the Equipment and this Agreement,Sales or use lax due upfront will be payable over the term with a finance charge. END OF TERM.At the end of the term of this Agreement(or any renewal term)(the'End Datel,[his Agreement will renew month to month unless a)we receive written notice from you,at least 30 days prior to the End Date,of your Intent to return the Equipment,and b)you timely return the Equipment to the location designated by us,at your expense.If a Purchase Option is Indicated above and you are not in default on the End Date,you may purchase the Equipment from us"AS IS"for the Purchase Option price.If the'returned Equipment is not immediately available for use by another without need of repair,you will reimburse us for all repair costs.You cannot pay off this Agreement or return the Equipment prior to the End Date without our consent.If we consent,we may charge you,In addition to other amounts owed,an early termination fee equal to 5%of the amount we paid for the Equipment. DEFAULTIREMEDIES.If a payment becomes Ill days past due,or if you otherwise breach this Agreement,you will be in default,and we may require that you return the Equipment to us at your expense and pay us.1)all past due amounts and 2)all remaining payments for the unexpired term,plus our booked residual,discounted at 31/6 per annum,and we may disable or repossess the Equipment and use all other legal remedies available to us You agree to pay all costs and expenses(including reasonable attorney fees)we incur in any dispute with you related to this Agreement You agree to pay us interest on all past due amounts at the rate of 1.5%per month,or at the highest rate allowed by applicable law,If less. UCC.You agree that this Agreement is(and/or shall be treated as)B"Finance Lease"as that term is defined in Article 2A of the Uniform Commercial Code('UCC").You agree to forgo the rights and remedies provided under sections 507-522 of Article 2A of the UCC. MISCELLANEOUS.This Agreement is/the entire agreement between you and us relating to the Equipment and supersedes any prior representations or agreements,Including any purchase orders. Amounts payable under this Agreement may include a profit to us.The parties agree that the original hereof for enforcement and perfection purposes,and the sole'record"constituting'chattel paper" under the UCC,is either(a)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 signature or(b)the copy of this Agreement executed by the parties and controlled by us or our assignee or custodian in accordance with the Electronic Signatures in Global and National Commerce Act or any similar state laws based on the Uniform Electronic Transactions Act and other applicable law as electronic Chattel paper under the UCC.Upon execution,the parties agree to be bound to the terms hereof regardless of the medium or format in which this Agreement Is maintained or controlled,if any provision of this Agreement is unenforceable,the other provisions herein shall remain In full force and effect to the fullest extent permitted by law.You authorize us to either Insert or correct the Agreement number,serial numbers,model numbers,beginning date,and signature date,and acknowledge that If your Vendor filled in any blanks above,they did so on your behalf All other modifications to the Agreement must be in writing signed by each party 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)a1 required procedures necessary to make the Agreement a legal and binding obligation against you have been followed,(c)the Equipment will be operated and contmlled by you and wdll be used for essential government purposes for the entire tens 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 avai lable 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 lax or general revenues;and(h)you will comply with any applicable Information reporting requirements of the tax code,which may Include 8038-G or 80313-GC information Returns If funds are not appropriated to pay amounts due under the Agreement for any future fiscal period,yo u 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 bast 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 orfallure 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 4,and to the extent that,state law precludes you from entering into the Agreement If the Agreement constitutes a mull-year unconditional payment obligation. VG02M(TL)_0420-Docu 11/07/23 PAGE 2 OF 2 135 ORIGINAL