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Home My WebLink AboutPitney Bowes/Mayor ~ioI oc...O?rY..'O~ ArfKOV EO. AS TO FORM BY: Ii Rental Accounl NLm""'r Your Business Information: '111'1' Pitney Bowes I 60 I I I T T T I I I 4 I I Full Legal Name of ll3ssee DBA Name of Lessee ITY OF CARMEL MAYORS OFFICE Billing Address City State Zip"A I CIVIC SOUARE 3RU Fl.ooR CARMEL 1:< 46032-2584 Phone # lessee Coni act Name InvoicaAltn. of \ Equipment Location (If different than billing address) City Slate Zip+4 I CIVIC SQUARE 3RD FLOOR CARMEL IN 46032-2584 Customer P.O. # Bill Loc. 1.0. lnstatlloc.1.0. 16745167862 CredtCard# Expire Dale Name On Card Type Tax Exempt # Sales Tax (if applicable) Fiscal Period RenterPO# From: To: Your Business Needs: (X) Items to be Included In your Total Quarterly Payment. Sllfl-Guard-ProvidcsneCeSSKTYcamcrmtcupdate. ~ }:qllipment Mllintcnllnce- Provides full service coverage including all part~ and lubor. ~ Software i\lninlenllnce. Pro~idel revision upgrndes and tcchnicallWiSlllllce. ~ ~ Meier on L.ea!le. Provides simplified billing and includcl _rcset(s) per year, Qty Item EQuIpment Description MllilSlrcamSolution-Z I SBLP D;>.1300L I IPOO 11ltclliUnk Interfllce.l PSD for DM300LlDM400L I G800 InlelliLinkSubscription I IFW5 151bl1llerfacedWeighing I MP30 15/30 Ib Scalc.Plalfonn I lFAE AccoulIling(50 [)cpl)Softwarc I'll sa ram c District Office 035 :5/3,,106 I I 1-800-322-8000 Account Rep. 4, PB Accepted By: Tille: !J.s E TennRental(Rev.3.12C.' Your paym'ent Plan: Initial Lease Term (In Months) 48 (Begin after any applicable interim usage period) # of Months Monthly Amount (Applicabletaxasnolincludad) FirsI 48 $ 154 This lease is billed quarterly, your Tolal Quarlerly Payment is three times the Monthly Amount IJ Required Advanced Quarterly Lease Check of $0.00 [J Received. Tax Exempt (certifica1e attached) [J Support Services' Payment of jQ. To be paid to vendor pursuant to sectiOn 21, Equipment Vendor. Pitney Bowes For Sales and Service Call Date: Rental Terms and Conditions By your signanu-e as "R~nler. below, YOll requeslmal we rent 10 youlh equipment described aoove or on any schedule allllched heretn (rhe "Equipment") for essentiall:o~mmental purposes iit consideration of your paymenl to III of the amounts set forth in the Paymem Schedule, subject 10 the terms aorl wnditionl provided in this Agrl:Cmel"l1. For purposes of this Acreement, llil payments set forth in the Payment Schedule shllil be referred to as the "Totlli Payments_' The paymenls referred 10 in the PlIyml:flt Scl1cdule ocher chan the ""inlll Payment' shall be referrcd 10 singularly IlS a "Period Payment" andcollCC:livcly IlSthe 'Period Payments" Your offer will be binding on \IS when we ~ccept it by havinl: an authorized employee si!,'lI it, All payments hereunder shall be payable onIYlouSDtourex&utiveoffice5unleSI wedire~1 yOll othetwise in writing l. NON-APPROPRlATION. You warrant that you ha"o fWHilI available 10 pay the Teta! Payments until the end ofyeur cwrenl fiscal period, and shall use yow besl efforts to ebll1in funds to pay the Total payments in each subsequentfis~a1 period through the end of your lnitial Term. If your appropriation reque5tto your legislative body, or funding authority ("Govel'lling Budy') for funds to pay the Tmal PlI}"ments is denied, you may terminate this Agreement on the IlISt day of the filcal period fot which fund. ha~e been appropriated, upon (i) submission of docwnentarion reasonably satisfactory to \l!I evidencilll! the C'JO'.eming Body's denial of an appropriation sufflcienl 10 conrinuc this Ag.eement for the ncxt succeeding fiscal period, and (ii) sBlisfuti onoflll]cJ!;ugllS/lTId obliglllions Iffider this Agreement inculred lhrough the end of the fiscal period for which fund.! have been appropriated, induding the return of the Equipment at yeur upense Signature Print Name .'~fig:9 .~~ Stcvc Date 1J!a1174:?<ro6 Title officer . ThisleltSeandotherab'TeelllentsmayanlybechBngedbyrhepartiesinwrilin~ TERMS AIoID COl'iDI'I'I01ol By your signature as "Rente~ below, you request that we rent to you the equipm ert described above or on anyscheduie attached hereto ~he "Equipment") for essential govemmental purposes in consideration of your pa)'nenl to us of the am ounts set forth in the Pa)'"ent Schedule, sullject to the fenns and cond~ions prooided in this ~reement. For purposes of this ~reement, all payments set forth in the paymenl Schedule sha~ be referred 10 asthe "Total Palmerts." The payments refened toin the Pa)'"ent Schedule other than the "FInal Payment" shall be referred to singularly as a "Penod Payment" and cOllectill8ly as the "Penod Pa)'"enis." Your offer wll be binding onus IIIIlen"'" accept it by having an authorized employee sign it. All payments hereunder shall be payable only to us at our executive offices unless we direct you otherwise in wnting. 1. NON-APPROPRIATlON. You wanant that )<<J have funds available to pay the Tdal Payments urtil fhe end of your cunent fiscal period, and shall use your best efforts to obtain funds to pay the Total Pa)'"erts in each subsequent tiscal penodthrough the end of YOut In~ial Term. n your appropriation request to your legstative body, or funding author~y ('Governing Body') for funds to pay tile Totat Payments is denied, you 10 ay termin<le tills Agreement on the last day of tile fiscal penod for which funds have been appropriated, upon Q) submission of documentation reasonably satisfactory to us eoidenc"g tile Goveming Bodys denial of an appropnation sufficient to continue tllis ~reemerrt for the next succeeding fiscal period, and Qi) satisfaction (/ a~ charges and obligations under this Agreemerrt incurred through the end of the fiscal penod for which funcls have been appropriated, including the return 01 the Eqlipmenl <I your expense. 2. TERM. This ~reement shall comm ence on the date of delivery of tile Equipment and shall continue until the eanier 01: 4J termin<lion at our option upon the occurrence of an evert of default, or Qi) the occurrence of an event of a non-appmpnation under Section 1, or ~ii) the elq)iration of tile Initiat Rental Term and lour payment of all ToIal Payments and other sums due, and your Miiimenl of all other obligations, underttis IlfJreement. J. EQUIPMENT MAINTENANCE AGREEMENT ('EMAj. n you select Equipment Maintenance, we Silal prooide, under the EMA, maintenance and emergency repair sen,ices on the Equipment, including new ill equi'alent) partsrequired due to normal wear, during nonnal business hours. We may assess adddional houny charges tor seroice performed Olrtside nonnal business hours. Ser,ice and repairs due to negligence, misuse, eldernal torees, loss of electrical power, power lIuctuafion, use of supplies nof meeting ourspecifications, or service supplied 11Y third parties are excluded. Consumable supplies and rate program software 10' elect,onic scales are not included under the EMA. 4. SOn-GUARD AGREEMENT. n you select SOFT-GUARD, you have subscnbed to the SOFT-GUARD Rate Protection Plan with us, and we shall prooide up to six (0) qual~ied PROM or Disk replacements 4nedia) over a twelve month pertod <I no additiona charge. The SO FT -GUARD ~reement covers the following types of events: Q) Postal or carrier ra1e increases or decreases, ~i) changes in senlice prooided by carriers (e.g. required nelM report formats, or geographical expansions), and Qii) all Zip Cocie or zone changes. The tollowing types 01 events are not covered by the SOFT- GUARD ~reement: ~) custom rate changes, (Il) new classes of se,oice offered by carrie,s, and n new PROMs or Disks 4nedia) needed to establisll a new home Zip code due to a change in equipment location. ~. SO nWARE MAINTENAN[;E AGREEMENT ('SMA"). n)<lu select SoItware Maintenance, we shatl pro.me, under the SMA, at no add~ional charge, toll free teiephone technical assistance relating to softwa,e programs and updated 'uersions, i.e., 1i)!B$ and minor enhancements ~xcludlng postal or canier rate changes) of the licensed pmgram. II you are rerrting addressing pmducts, the SMA pro>ldes Addressing Software Update subscriptions covering quarterly national and st<le updates to the P~ney Bowes national address directory, as '"ell as required periodic and/Or random sdtware updates needed to com ply w~h changes of Un~ed Stales Postal Ser~ce regulations or databa ses. 6. METER BILLING. If you select Meter on Rental, you 11ave entered into a Postage Met er Rentai IlfJreement. ReI er to your Postage Meter Rental ~reemer~ for its terms and condlions. Notwthsfanding anything contained herein, any meter(s) will at aU times reman our property. 7. AUTOMATIC PROM REPLACEMENT. n )<lu did not select SOFT-GUARD, we shall pro~de wtthout further request from you, Automatic PROM Replacement, embodying software ollate changes. You shall receive notice when replacements become availal~e, and may order replacement PROMS .,henever tllere is a change in a carriers ser~ce coverage. You agree 10 pay the then current list price for each PROM onlered lor delivery with the Equipment or supplied under the above (P(X~ll~H,J ) TERMS AND CONDITION 9. COMPUTATION OF TOTAL PAYMENT. You shall pay each and every Period Payment for' Ihe entire InM. Rental Term, sUbject to the Governing Bod!s rignt not 10 appropriate as pro~ded in Section 1. nle amOtJnt of each Period Payment is based on the cost of the Equipmem, inclusive of all related expenses ~)Ius, at your request, any unpaid baanceslor amounts due and/or to become due trom a pre',ous Agreement less any producl discountlaUowance, plus amounts due tor additiona seNices selected by you, such as EMA, son-Guard ~greEment, SMA, and Meter On Rent.a). We may increase the Period Payment as a resull of any imposition ot, or increases in, taxes as prul~ded in Section '12 or Seclion 15, or meter remat charges. You authorize Pdney Bowes Credd Corporation rPB CG"), as our blUing and collectioh agent, to charge tha Credd Card specified on page 1 (the 'Credrr Card") on the due date specWied in each in\JOice lor the ful amount of each Period Payment. Immediately after the charge, PBCC shal nofily you at your Billing address specilied on page 1 of each Period Pa)Tll em charged against \he Credit Card. You authorize PBCC 10 charge the first Tolal Palfuert after Ihe Equipmem has been delivered by us, and 10 cominue 10 charge the Credrr Card lor Ihe entire tnrrial Remal Term of Ihe .Agreemenl, subject 10 the Governing BOdy's rigl~ not to appropriate as prouded In Section 1, 10. PURCHASE 0 RDER USE. You may use a Purchase Order to of tel' to attain use eI Equipment, prouded hoy,ever, i a purchase order is issued, none 01 is tems and condrrions shall supplemem, amend, modly or supersede the tems and conditions of this Agleemem, nor shall any of its terms be incorporated herein, aM rt shat not be enective except with respect to Equipm ert description, Equipment quanlity, Initial Remal Term, Tolal paymems, Equipmert location, and the request for the ancillary seruces set lorth in Sections 3 -7. 11. INSURANCE. You are responsible for Equipmem loss, danage or destruction lrom any cause, whether or not insured. You shall pro"ide, maintain, and pay for: (a) insurance against Equipmenlloss, thaft, or damage, for the tull replacemem val~e Ihereof. wrrl) los s payal)1 e 10 us, and ~) public liabilrry and property damage insurance naming us as an additional insured. No Equipm er1 loss, Ihaft or damage shall relieve you of your obligalion 10 pay the Petiod Payments or any other obligation underthis Agreemert. 12. TAXES; NO LIE NS. You shall payor reimburse us, as we direct, lor all charges and laxes incurred by us which are based on or rneasured by this Agreemem, the billing Of receiving 01 Telal paymems, documematlon relating 10 this Agrearnert ~ncluding stamp taxes) and the sale, purchase, ownership, renting, value 4ncluding personal property tlPe taxes). Il"ssession, or' use ot the Equipment, Meters, or sell.ware. You shall keep the Equipment, meters, and sonware tree and clear of all liens and encumbrances. Your obligations under this. Section shal commence upon AgreEm ent el/Bcution and suru"" lennination or cancEllaion of this Agreement. lerms, except that Ihere shall be no charge lor Ihe replacemem PRO M' issued within 90 days aflerthe eqlipment instaffation. S. WARRANTIES. 1I\Ie warrard the Equipment, PROMs and Sonware covered by this Agteanem (excludng consumable parts and supplies) to be free lrorn detect in material, workman'hip, 01 programm ing lor 90 days following inslallation. ~,dllring this time, you have any problems ~ot resulting from accident or misuse), we will repair or, at our option, replace any SUCll detective item. PROMs and sonware are programmed wrrh rates and computation methods wncl) may I)e spec~ic to a carrier or regulated by a govemmem agency. ~ SUCll rales or methods are changed by tha carrier or the agency wrrn n .t hese 90 day.;, we will update or replace affected P ROMs or Sonware to retlect current rates and metl1Ods. We will assume tile obiigaions state<! herein only n you operate tile Equipmerd, PROMs and Sonware In accordance wrrh their published operallng instructions and onlylorthe ordinary purposes for which they r"ere designed. THIS I S THE ONLY WARPANTY APPliCABLE TO THIS AGREEMENT, THE EQUIPMENT, PROMS AND SOFTWARE, AfJD IS EXPRESSLY IN liEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPliED, INCLUDING ANY IMPUED WARR~NTY OF MERCHANTABiliTY, FITNESS fOR A PARTICUL~R PURPOS E 0 R ANY OTHER iJlAPFANTY. REPAIR OR REPLACEMENT OF THE EQUIPMENT IS YOUR SOLE REMEDY FOR BREACH OF WARRANTY, WE ASSUME NO RESPONSIBiliTY FOR ANY DAMAGES INCURRED BY REASON OF THE F~.ILURE OF THE EQUIPMENT, PROMS OR SOFTWARE TO OPERATE AS INTENDED, INCt.UDING INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. {PIII:1191UI 2 TER~IS AND CONDITION 13. DEFAULT. I you fall to pay when due any amount required, or lall fo pertorm any other Obligation under this /lgreement, we may, af our option aM without demand or notice, take one or any combination a! the following actions: terminate this Agreement, lake possession 01 the Equlpmert Qndudlng meters), declare fhe entire amount a! all Tctal Payments, and other amounts due anel fo become due, for the then cunent fisca penod for which funds have been aPllropn ated to be ilnmedlatey due and payal)le, and pUlsue any other remedy permitted by law or ., equly. You will be responsible for all related damages and legal and other costs and e"Penses ~ncludlng reasonable attorney's fees) incurred by us In enforcing the pro\:lsions herein. 14. NOTICES. I'JI notices under this /lgreement shall bemailed.Iirslclasspostageprepald.to the recipient at its address on page one herea!, or at SUCll other :address as each pany may proude in ..iting from time to lime. Such notices shall be effectl"" on 1I1e date they are mailecf. 15. REPRESENTATIO NS; MISCEllANEO US. You replesent and warrant that: @) you are dtJy allhonzed to e,,"cute and deliver this /lgreemerrt and all procedures have been met so that 1I1ls /lgreement is legal, valid, binding and enforceable against you; and you shall not pennlt the ElfJlpment tOile used in a trade or !Juslness a! any other person or ently; ~) you shall use the Eqlipment only in the manner specitied in the manuals and instructions covenng the Equipment and, 81 your e~)ense, keep the EqtJpment in good repair, condlion and lNorl'ing order; ~) you shall timely file an intormation reporting return (e.g. Form sros - GC or, as necessary, Form sroS. G) with the Irtemal Revenue SeMce In accordance with Section 1491~) a! the Internal Revenue Code a! 19S", as am ended ~he 'COde"), and 1I1e regula ions thereunder, and you hereby appoint us as youl /lgent lor fhe purpose a! maintaining a reglstretion system as required by Section 149(a) of 1I1e Code; and you are (and sCrall continue to be) a State or local governtn enf ent,y, andtha any Ol)ligation arising out a! fhis !l(Jreement constitutes an obligation by or on bel1<lf d a state or pollical subdiusion tllerea!, within the meaning ct Section 103 d the Code and tile Ie gulatl ons thereunder. You ac knowledge that this /lgreement is enteled into based on the assum ption that tile interest portion a! eacll Period Payment is net Inelunible in gross income of tile OlNnel tIlerea! for Federal income tax purposes under Section 103(8) a! tile Code. A portion of each Penod Payment YOIr shail pay includes Interest. ~ any interest is determined nof fo be excludible from gross income in accordance with Section 1 rota) 01 tile Code, your Period paym ert sha~ be adjusted in an amount sufficient to maintain our original atter tax ~eld utilizing our consolidated marginal tax rate, whicil adjusted Penod Payments you agree to pay as provided in this Agreement, subject to Secli on '\. The rete at INhich the interest portion a! Period Payments is calcutated is not intended to exceed the maximum rate or amounl a! interest permlfed by app~cable laO/. I such irterest portion exceeds such maxim un ,tllen at our option, if permlted by laIN, tile irterest portion wlll be reduced to tile lega~y permitted ma~mun amount of interest, aM any elO:ess 1J\i~ be used to reduce the principal amourt a! your obligation or be refunded .to you. This ."fIreement contains tile entire agreemer1 d the parties concerning the subject matter a! this Agreem ert. I'JI pnor commlments, proposals and negotiations concerning tile subject. matter ct t ilis Agreem ent are merged into tilis /lgreement. This /lgreement may only be amended, modified, supplem ented or superseded by a wrltte n agreement signed by both palties. No pro~sion a! this /lgleement can be Waived e>tept by our INntten consent. YOU MAY NOT ASSIGN, TRANSFER, OR SUBLET ANY INTEREST IN THIS AGREEMENT OR THE EQUIPMENT WITHOUT OUR PRIOR WRITTEN CONSENT. We silall not transter or assign this Agreement, pro~ded however, lNe m ay have Piney BONes Cred, Corporetion service this /lgreemert tor us. 16. SECURllY AGREEMENT; PERSONAL PRO PERTY. You grant to us, as the Secured Party, a security interest In the Equipmer~ and all additions, attachments, accessions, and substlutions therefo ~xcludlng any meter~) fo which you do not hold tile) and authorize us to file a financing statement wlh respect to such secunty interest. The Equiflnent shall remain personalty and not rea~y. 17. OPTION. You sha~ have tile opion to return the Equipment ~n Ihe same condition as w'18n delivered fo you, reasonable ",ear and tear e>o:epted) to us at the eM of the Initial Rental Term and in consideration theretor, we shell credl lU"r account in an amount equal to your Final Payment. In orclerto exercise this option, )"" m ust notify us pnor to tile due date d your Rnal Payment anti de~ver the Equipment fo LIS on tile due date a! your Final Paymer~. 18. SURRENDER. I you delaun, or ferm inate this /lgreement by non-appropriation under \POOlJl9lUJ 3 TER.IS Al"D CONDITION Section!, you, at your ellpense, shall return all Equipment IlY delivering it 10 us in the same condition as when dell\l8red 10 lOu, reasonable wear and tear excepted, to slIch ,place or on board sllcll carrier, pacKed for shipping, as we may specify, Until the Eqllipment is returned ,as 'reqLired above, allter,"s at this .Agreemert remain in Effect incllJdUlg, wnllOUt limitation, lOur lPI~)[)19341 1 '. -''';; \ \ , , ''''. obligalons to maKe payments relating to lOur continued use of the Equipment and to insure the Equipment. 19. DOCUMENTATION FEE, II you and we have agreed, a one4ime documentation tea to co,er the Origination, sales, processing and other costs associated with this /\greement is included in lOur Equipmert cosf and m ada a part of lOur Perio d Payments. ,"',- ). ,'" ~ " . \ \ ", . ~ :' ~. ,. ~ 'f.~ '. "" " . .- ~ , '. , <".~ 'Lt.\; 4 ,-, ',: ,'. ~ , . 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