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HomeMy WebLinkAbout16-154 - Electronic Business Machines - Scanner Lease for Police RecordsLEASE AGREEMENT Please (axpempteted agreemetiito,1- 86.6329 -8795 Questions or need assistance? Call 1-866. 650 -9705 This Lease has been written in "Plain English" When wiz use the words Lessee, You and Your In this Lease, we mean the Lessee Indicated below, When we use the words Lesser, We, Us, and Our in this Lease. We mean Evereank Commercial Finance, Inc. Our address Is 10 Waterview Boulevard, Parsippany, New Jersey 07054. CounclliAppr ya N/A EverBank COMMERCIAL FINANCE' % r�7��,'rsrt«; tr. � .r •�` ;,t+'` ..._.u�'ga:�:5•..d,� �. <;:r,' ".mac, LESSEE INFORMATION Lessee Name City of Tukwila /Records Department Lease.Number 41454576 Lessee Billing Address 6200 Southcenter Blvd Tukwila WA 98186 Lessee Phone Number 208 -433 -1800 Equipment Location If different from above) SUPPLIER INFORMATION EQUIPMENT DESCRIPTION Supplier Nance ('SUPPLIER') and Billing Address Electronic Business Machines 802 134th ST SW, Suite 170, Everett, WA 98204 Federal Tex-lD Number 91.6001519 • Supplier Phone Number 425 =742 -2244 Make/ModelfAccessorles Quantity Serial Numbers) Kyocera 6535cidn 1 PURCHASE OPTION TERM AND PAYMENT Check one applicable box. If no box Is checked or If more than one box Is checked, the Fair Market Value Purchase Option MU apply. 'Fair Market Value D $1.00 Purchase Option n Fixed Price Purchase Option - 10% of Total. Cash Price Advance Lease Payment (Non Refundable) 0 Initial Lease Term (months): 60 PLUS Lease Payment: 33.98 APPLICABLE TAX TERMS AND CONDITIONS 1. LEASE. You agree to lease the Equipment from Us on the terns and-conditions-of -this iease.agreement ('Lease,") The:Equipment wili'be..deemed irrevocably accepted:byYou upon the earlier of a) the delivery to Us of a slgnedDetivery and Acceptance .Certlticate or b) 10 days after delivery of theEquipment to You lt previously You have not given writen notice to Us. of Your nonacceptance. The Lease commences on the day the Equipment IS delivered to You (the 'Commencement Date") and the first Lease payment shall.be due on the Commencement Date or any:other data that we designate. and the remaining Lease payments wit be due on thesame day'of each subsequent month at an address specified by Us in writing. If more than •one'tease payment is .requited In advance, the additional anieunt.tMlt be spelled, agile. end Of the initial or'.any renewal term. IF THIS LEASE 15 REPLACING AN,EXJSING LEASE:'THE NEW PAYMENT MAY INCLUDE THE BALANCE OF THAT LEASE.AND.RESULTIN A- GREATER AGGREGATE COST TO YOU. YOUR LEASE OBLIGATIONS ARE :ABSOLUTE,. UNCONDITIONAL AND NOT SUBJECT TO CANCELLATION, REDUCTION, SETOFF OR COUNTER CLAIM, EVEN IF THE EQUIPMENT' DOES' NOT WORK PROPERLY. _You authorize us to adjust the Lease Payment up or down. by- hot more than 1S% if the total amount we have paid In connection with the pur hase,.defvery and Installation of the Equipment including any trade -up and buyout. amounts (collectively, the Total Cash Price") differs from the estimated Total Cash.Prtce originally assumed for documentation purposes, 2. NO WARRANTIES. You are leasing the Equipment "AS -IS" AND WE MAiCE NO WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTCULAR PURPOSE. 3. EQUIPMENT USE AND MAINTENANCE, RESTOCKING FEE. You will keep the Equipment at the location stated above and Maintain it In good walking condition, efigibte :for Manufacturer's certification, normal wear and tear excepted. You will pay for any repairs. It Is solely Your dtity to remove all sensitive or confidential data stored within the Equipment prior to returning 8. You will pay alt shipping expenses for the return of the Equipment to Us,.to a location in the United States that We designate. We may charge You a restocking fee equal to two (2) lease payments. You agree that You will not take the Equipment out of servidiand have a third party pay or provide funds to pay the amounts due on this Lease, 4. ASSIGNMENT. You agree not to sell, assign or sublease either the Equipment or any right under this Lease without Our prior writtenconseht We may sell or assign the Lease without notice and the new ownerwil not be subject to any claims. defenses or setoffs that You may Crave- 5. TAXES AND FEES. You will pay all excise, sates and use, personal property'and all other. taxes and charges which may be imposed during the tern of this Lease, arising froth the use, acquisition, ownership or teasing of the Equipment, whether due before -or after termination of the' Lease -.'You will rehaburse.Us for all administrative costa associated :With the preparation, filing,. payment, and other costs necessary .. to properly adminlsiei Wet associated with the Equipment. Where reqtrIrect by law, We will file the:personal pro$rtytax retwns with respect to the, Equipment 'and: You 'shall pay Us In advance, and: when We require, the taxes that We,antfapale will be due during the year, You further agree to pay Us a documentation fee to cover Ourexpenses in processing this Agreement 6, INSURANCE. You will maintain* Your expense (a) property fnsurance'agatnst the Toss theft ordeshvction of, or demagefo, the'.Equlpment for Ks f ill'repiacement value- naming Us as: Ices payee, and .(b) public liability and third party property Insurance; naming Us as an additional insured, and ghVe. Us written: proof of Your insurance; We reserve the right to rejectYour insurance carrier. IF YOU DO NOT :GIVE US EVIDENCE OF INSURANCE ACCEPTABLE TO tJS, WE HAVE THE RIGHT. BUT NOT 'THE :OBL[GATIQN; TO OBTAIN INSURANCE COVERING OUR INTERESTS FOR THE TERM OF;'IHIS LEASE, INCLUDING ANY RENEWAL OR EXTENSIONS. WE MAY ADD THE-COSTS OF ACQUIRING AND MAINTAINING SUCH INSURANCE, AND OUR FEES FOR OUR SERVICES IN PLACING.AND MAINTAiNINGSUCH1NSURANCE (COLLECTIVELY, "1N$URAN,CE CHARGE');. ON WHICH WE MAY EARN A PROFIT, TO THE AMOUNTS DUE .FROM YOU UNPER T)il,S LEASE :Such. insurance may duptioate coverage provided, under Your existing policy. You will paythe Insurance :Charge In:egiial tnstavments allocated Mlle remaining Lease: Payments, You acknowledge that We are not required to secure or maintain any insurance; and SNe v?II not be liable 10 Yeti We • terminate. any insurance coverage that We arrange. ' 7 PURCHASE OPTION; AUTOMATIC RENEWAL. ;ff no default extsta under this Lease,.You w fl have the optfot at the end of the initial or anyranewattermto'pUrchase all (but notlesstFJan_ clQ of the Equipment at the Purchase APboh prics'Shhhvn • above plus any applidable !axes:.. Unless the PIM:hese Option pifoe'ls;5t -0O Yob must1glve US at least 90 days.wrdten notice betoie the tined the initial teasi§`i(riWth t S!tiu wiftpurr base the-Equrpinent or that Vcu wilt return the Equipment to US. If You do not give Us such wrtten notice a'if You do not purchase or deliver the Equipment in accordance -with the.temts andcondrb'oiis of this Lease, testa Lease will automatically renew for an additional 12-Month period, andthen on a monthly basis•until Yomexerdse a purchaseopllon ordaliver the Equipment to Us. 8. DEFAULT AND REMEDIES. Yot sfialibe in defauk uridei th1s:Lease.it (a) You tall to make any Lease payment or.other paymentwithin.10 days of it due date, () Yoir do notperfomi any' of Your other obligations under this Lease and this failure continues for 10 days, (c) You 'become Insolvent. If a default occurs, We maydo one or more of the :fotlo ing: (a) terminate the Lease. (b) require that You I nmediately -pay to Us the balance of unpaid Least •payments• plus the present value of the Equipment's anticipated residual value: discounted at:3 % per . annum plus any other amounts due under this Lease, (c) demand: that You return hie 'Equipment-to Us,. and '.(d) exercise eny:other legal right or remedy that We niay have. if any Cease Payment is not paid to Us.wilhfn 3: days of Its due date. You will owe .113 a late charge. not to exoeed the greater of 10% of each late payment or $20.00 (or'sut li lesser amount as is. the maximum allowable underappticable lbw.) You wilt pay a6 of Olin dOststand reasonable attorney's fees of enforcing Ourdghhts against You . 9. -OWNERSHIP; UCC. Unless you have a 51.00 purchase option, We are the owner of the Equipment and the Lease Is a Tifiiince Tease" as defined in Article 2A of the.UCC; however, in the event it is deemed to be a lease intended for security, You hereby graat:to Us a first priority security interest in the Equipment (;: 10. INDEMNIFICATION. You.a a rgsponsibte for any losses, damages„ penalties, claims, suits and actions, inducing attpjitieya',:feos caused by or related to (a) the htstailation, ownership, use, rental, or possession., orrthe Equipment or (b) pny data. You store within the .Equipment 11• . " TRANSITION BILLING ;'; rlrt' older :10: facilitate an orderlyjran� $an. including installation and; training and to lithrLdehautllibrm billing rycle, the 'Effeethre Date'.of.thls Agreement'wlfhbe the twentieth7(201)40 oT:ihe modih'folfoiNing Instaltatiert, You agree TO pay a prorated amount foriittialtteriodidetWeenttatr installation date. and. the Effective Tate. Thl8 tieyment for the::trafilti8Yf ppa�ned wr0. be based on the ,Lease Payment prorated on a'.364ay:catendartluonftf dill Wl)i'beaadded to your first MVOs.: 1:2::MISCELLANEOUS. This is ;ttiemMlje agreernent between the par ies,and supersedes ail pifoi agreements, Whether orator M,ettep; 4onceming the subject meter. hereof, THE ECU)P,MENl 'MLL 13E USED OW( FOB BUSi(•IESS PURPOSES.. YOLCCONFIRM THAT YOU DECIDED TO ENTER INTO THIS„4F, ASE -RATER THAN PURCHASE1HE :EQUIPMENT YOU AUTHORIZE US TO CORRECT OSVIC)US ERRORS DR SUPPLY MISSING'INFORMATION IN THIS LEASE WITHOUT NOTICE TO YOU. YOU AGREE THAT THIS LEASE WILL BE GOVERNED BY THE LAWS OF,THE, STATE' OF NEW JERSEY. YOU CONSENT To 'THE JURISDIC1f*ONdF ANY STATE OR FEDERAL COURT LOCATED WITHIN NEW..JERSEY iF A 5161$ED COPY OF THIS AGREEMENT IS DELIVERED TO US, IT WILL.85 BINDING 01, YOU; HOWEVER; WE WILL NOT BE BOUND BY. THIS AGREEMENT UNTIL WE ACCEPT IT BY MANUALLY SIGNING Tr OR BY PURCHASING THE EQUIPMENT SUBJECT To THE AGREEMENT, WHICHEVER OCCURS FIRST. 'YOU AND WE EXPRESSLY WAIVE ANY RIGHTS TOATRIAL BY JURY. .• EVERBANK C Lessor' Authod ur Print N - e and e ERCI'. -+ NANCE, INC. t�134��y""^' Manager Le l AuthodzedSiggnature t Date Joseph Todd Director TS 7 -11 -2018 Print.Name arid Title ACCEPTANCE OF DEL.IVERY .a . + . You certify theta!! the Equlpmenrraled :'above has been (umished ra You; and.that detivemand installationhas been (idly ea. metaled and satIatapoty,and therafora you accept the Equlpmeid: Further, a8 terns and conditions Male Lease have been reviewed and agreed to. by You Upon Your signing below; Your promises herein wti be bravocable anktieconditjonat -We have purchased the;Equlpment from the above whom You na coaled for Your wane ' Supplier. y my rights, which We trensfer.to You (or fho term or,Ahe.Agteemenl We are'not the fac{Urer se(fp6efor �deater of the EquipinenL • Authorized Signature Joseph Todd Director TS Nome and Time Data ' -�. •. • 't' :b•'i'sa11:11!nl.'F'':Ki.q, `}'.•: Electronic Business Maghines.,Ctomppriy "lease Agreement -1 P 12R'T820.Vie 07012012 j S f o.f eZ 6 A•DDENDUM TO LEASE, RENTAL, OR OTHER FINANCE AGREEMENT Please fax •completed and signed Addendum to1-866-32941795 Questionsor need assistance? Call 1-886-550-8795 •AOREEMENT NUMBER: gq LESSEE/CUSTOMER NAME: City Of Ttiliwila / IT Department „ LESSEE/CUSTOMER ADDRESS: 6200 Southcenter Blvd. Tukwila; WA98188i. . •i,•:-.t,?..:44:*. ,o.i4:•!.... . . . • This Addendum supplements the provisions of the Value Lease ..:-.1::.-:•... • : • Agreement Identiged above (a.Agre.ernent) . You and We make this Addendum an integral part Of the AgetOiMi.:_qoplialized terms used in this ,AcidendOin that are not defined will have the meanings .specified iii..ge Agreernelitlfyi&a.it* conflict between the Agreement and this Addendum, then this Addendum Wilt .controland prevail ::?!..'--,i';?•;.,:,,,. .,'i'.', :,. •?..trik*,..T.4-.:,•-:, -.1e.., . . ....., -,:y...-...,,,A,,,,r:v•.....-..: - ..-.... 1. Funding Intent You reasonably believe thateufficient funds can be obtained to alt Lease or Rental Payments and other payments during theterm of this Agreement. You affinn.thatrfundatO pay Lease Rental Payments and other payments under this Agreement are available for Your current fiscal year. Youfand:.:We agree that Your obligation to make Lease or Rental Payments under this .Agreement will be `NW current expense, and will not be interpreted to be a debt in violation of applicable law or constitutional limitations or requirements. NOthing,r.ontained in this Agreement will be interpreted as a pledge of YOur general tax funds ormoneys. z Use of Equipment, The Equipment will be operated and controlled by You and will be used for essential government. PtirOOtee arid :Will be essential for the term of this Agreement. 3. Signatures: You warrant You have taken the 'neOessary steps; including: any-.1egal bid requirements under. applicable law to arrange for tocittititiOrl of the Equipment, the approval and execution has beertln al:40,04000 with all 'applicable open meeting laws, and that a resolution of Your governing body authorizing execution of the Agreement has-been duly adopted and remains in full force and effect .:...,i,.... ,.... 4. Slon-Appropriation. of Arndt. If sufficient funds are not appropriated' and budgeted by Your governing body in any titcal year for Lease or Rental Payments or other payments due under this Agreer0Whit Agreement will terminate as of tbei 1-;:t day of Your fiscal year for which funds for Lease. or Rental Payments are 4,10110hia,•• You will give Us written notice within fifteen ;(15) days of the occurrence of such non-appropriation. : Such termination .is without any expense or penalty, except for the portions of the Lease or Rental. Payments and :those experitet4.:-.:Ocieted with Your return: of the *A Equipment in acCOrdart00.•with"Section 3 of this, Agreement forwhl 'funds. fieVel% Torkteigland;approprieted or are cl-k offiervviselegally available. You agree that to the extent perniitted:b.,I§w, (X) Yoy.:::, ).,:.:Atittri lit this Agreement if any - funds are appropriated by You or to You for the acquisttion or use otdquipment cit,tiiiicesOrfititirling 6bnilarfootiomte the Equipment duilino Your fiscal year in which such termination would occur anctV1.,y2907160. pot spend or commit funds for the 00114010i or use Of equipment or -services perforniing ftitictiOnS. sirniiaf t .:W.i.t.quiptent.;tiritil the -Neal year following tie. gsear year for-which funds were first not available for the or Fterifaiti*lerits:--- All. other terms and .conditiOnt .Ofthe•Allreetnent.s.hall remain in full force and eff Oct Lessor/Ow X City Of Tukwila / City Attorneys. Office r LejLQqg • Print Nein d. Title lV\iL Date Account man-dger AuthOriz Signattira;:—:, Joseph Todd 7r.: :- Print Name and Titieui.,-•-• 7-11-2016 Pate • .