Mayor's Office-Secap Finance DM300 Mailing System expires Nov 2018SECAP FINANCE LEASE AGREEMENT
STATE & LOCAL FAIR MARKET VALUE LEASE
PINNACLE MAILING PRODUCTS
Your Business Information
City of Carmel
11 1 1 1 I
Agreement Number
35- 6000972
Full Legal Name of Lessee
1 Civic Square
Billing Address: Street
Sharon Kibbe
DBA Name of Lessee
Carmel
City
317 - 571 -2483
Tax ID # (FEIN/TIN)
IN 46032
State ZIP +4
Billing Contact Name
Same
Billing Contact Phone # Billing CAN #
Installation Address (6different from billing address)'. Street City
Same
State ZIP +4
Installation Contact Name
JAN -DEC
Installation Contact Phone # Installation CAN #
Fiscal Period (from — to) Customer PO #
Your Business Needs
Qty Business Solution Description
1 DM300 Digital Mailing System
1 30 Ib. Weighing Platform
1 PS SmartPostage Subscription
Delivery CAN #
Check Items to be Included in customer's payment
XService by Dealer or other Third Party
PINNACLE MAILING PRODUCTS LLC
Service Level Agreement, service performed by Secap or Atgltale
Software Maintenance (additional terms apply) - Amvidnmdaan updates &/anneal.amlana.
Sott- Guard° Subscription - Provides postal and camerupdates
Ityou donot choose Solt -Guam pmlecfion withyour lease, you wgf autcmeloally
receive updates at Pars current rates. -
IntelllLink' Subscription/Meter Rental - Provides slmplified 6 /11lpg and includespostage resets
0 ) Value Oesed Services
O) Purchase Powers credit line
Permit Mall Payment Service- Allows you /0 mnsolidelepermit postagewith metered poslage
under one account. As a permit mall user, we need LISPS farms 6001, 6002. and 6003,
along with the Permit Enrollment farm, to activate your Permit Mail Payment service.
Ifgreen products are identified on your Order, to equipment covered by this Agreement Includes remenufactured products that have gone through ourfactory certification testing process.
Your Payment Plan
Number Of Months Monthly Amount* Billing Frequency
First 48 172.80 Quancrly
Next
Does not inalutle enyappllcable taxes.
0 ) Required advance check of $ received
Tax Exempt # 0031201550 -020 State Tax (if
applicable)
X ) Tax Exempt Certificate Attached
0 ) Tax Exempt Certificate Not Required
Your Signature Below
Non- ApprepdatIona. YOU warrant that you have funds available to pay all payments until Ine end ofyour current fiscal pealed, and shall useyour best effects to obtain funds to pay all payments In eacd subsequent
fiscal period through the end of your Leese Term. If your appropriation request to your legislative body, orfunding authority rGovemtng Body) for funds to pay the payments is denied, you may terminate this Lease
on the Iasi day of the fiscal period forwhich funds have been appropriated. upon (i) submission of documentation reasonably satisfactory to us evidencing the Governing Body's denial of an appropdaion sufficient to
continue this Lease for the next succeeding fiscal period, and (ii) satisfaction of all charges and obligations under this Lease incurred through the end of the fiscal period for which funds have been appropriated,
including thereturn of the Equipment atyour expense.
By signing below, you agree to be bound by all the tams and conditions of this Agreement, including (hose contained m page 2 and those located In the Secap Finance Terms :ir dealers (Version 5 /13), valid] weavailableatwmepb.com /socapterms and areIncorporated by reference. In the even) cl a conflict between the terms of this Lease Agreement and the provisions of the Secap Flnance Terms for Dealers, the terms of
this Lease Agreement wit control. The lease will be bindig on Secap Finance only age( Secap Finance has completed its credit and documentation approval process and an aulhodzed Secap Finance employee
signs below. Thelease requires you toprovide proof of Insurance,
Customer Signature Date
Print Name Title Email Address
Sales Information
Pinnacle Mailing Products 6' wL.rratcrt2 .99-wat
Dealer Name Secap Finance Acceptance
C0108822.2) Page 1 of2 See Scoop Finance Terms For Dealers for additional terms and conditions
Secap Finance SLG FMV Lease Agreement (Version 7113) 6)2012 Pitney Bowes {no. WI nghis reserved. Secap, the Secap design, P)Ney Bowes Connect +, Solt - Guard, lntelliLink. andPurchase Power are registered trademarks owned by Pitney Bowes Inc.
LEASE TERMS AND CONDITION
This Is a lease with Secap Finance, a division of Pitney Bowes Global Financial Services LLC (PBGFS), a wholly -owned subsidiary of Pitney Bowes Inc. (PEI). Secap
Finance provides leasing options to our customers. Secap Finance does not warrant, service or otherwise support the equipment. Those services aro provided by P91
as stated In the Secap Finance Terms for Dealers, or by the applicable dealer or other third party with whom you have entered Into a service agreement. Due to federal
regulations, only PBI can own an IntelliLink® Control Center or Meter. Therefore, those Items are rented to you, rather than leased. Unlike the other equipment you
may lease from us, you cannot purchase an IntelliLink Control Center or Meter atthe end of the Agreement.
L1. DEFINITIONS
L1.1 All capitalized terms that am not defined in this document are
defined In the "Definitions" section of the Secap Finance Terms for
Dealers.
L1.2 For the purposes of these Lease Terms and Conditions, "Affiliate"
means a legal entity that is controlled by, controlling, or under
common control with Secap Finance, including without limitation, PBGFS and PBI. "Control' means more than 50% of the voting
power or ownership interests.
L2. AGREEMENT
L2.1 You are leasing the Equipment listed on the Order. You will make
each Monthly Payment by the due date shown on our invoice.
L2.2 You may not cancel this Lease for any reason except as
expressly set forth in Sections L11 and L12 below. All payment
obligations are unconditional.
L2.3 Our remedies for your failure to pay on time or other defaults are set
forth in the "Default and Remedies" section of the Secap Finance
Terms for Dealers.
L2.4 You authorize us to file a Uniform Commercial Code financing
statement naming you as debtor /lessee with respect to the
Equipment.
L3. PAYMENT TERMS AND OBLIGATIONS
L3.1 We will invoice you in arrears each month for all payments on the
Order (each, a "Monthly Payment "), except as otherwise mutually
agreed in writing or as provided in any SOW attached to this
Agreement.
L3.2 Your Monthly Payment may include a one -time origination fee,
amounts carried over from a previous unexpired lease, and other
costs.
L3.3 If you request, your IntelliLink Control Center /Mbeter Rental fees,
Service Level Agreement fees, and Soft-Guarcr payments ( "PBI
Payments ") will be included with your Monthly Payment and begin
with the start of the Lease Term. Your Monthly Payment will
increase ifyour PBI Payments increase.
L4. EQUIPMENT OWNERSHIP
L4.1 We own the Equipment. PBI owns any IntelliLink Control Center or
Meter. Except as stated in Section L6.1 or L6.2, you will not have
the right to became the owner at the end of this Agreement.
L5. LEASE TERM
L5.1 The Lease term is the number of months stated on the Order
Lease Term ").
Lfi. END OF LEASE OPTIONS
L6.1 During the 30 days prior to the end of your Lease, you may, if not in
default, select one of the following options:
a) enter into a new lease with us;
b) purchase the Equipment "as is, where is" for fair market value;
or
c) return the Equipment, IntelliLink Control Center andlor Meter in
its original condition, reasonable wear and tear excepted. If
you return the Equipment, IntelliLink Control Center and /or
Meter, at our option you will either (i) properly pack them and
insure them for their full replacement value and deliver them
aboard a common carrier, freight prepaid, to a destination
within the United States that we specify, or (11) properly pack
and return them in the return box and with the shipping label
provided by us and, In either case, pay us our then applicable
processing fee.
L6.2 If you do not select one of the options In Section L6.1, you shall he
deemed to have agreed to enter into successive monthly extensions
of the term of this Agreement. You may opt to cease the automatic
extensions by providing us with written notice not less than 7 days
or such shorter period as may be contemplated by law) prior to the
expiration of the then - current term of this Agreement. Upon
cancellation, you agree to either return all items pursuant to Section
L6.1(c) or purchase the Equipment,
L7. WARRANTY AND LIMITATION OF LIABILITY
L7.1 NEITHER SECAP FINANCE, NOR ANY OF ITS AFFILIATES MAKE
ANY WARRANTIES, EXPRESS OR IMPLIED, I NCLUDING ANY
WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR FREEDOM FROM INTERFERENCE
OR INFRINGEMENT.
L7.2 In the event that you have checked the box for a Secap Affiliate toprovideyouwithaServiceLevelAgreement, Maintenance Service
as defined in the Secap Finance Terms for Dealers), or any other
service or support component, PBI provides you with (and we assign
to you our rights In) the limited warranty in the Secap Finance Terms
for Dealers.
L7.3 NEITHER SECAP FINANCE, NOR ANY OF ITS AFFILIATES, NOR
ANY OF ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES,
REPRESENTATIVES OR AGENTS, ARE LIABLE FOR ANY LOSS,
DAMAGE (INCLUDING INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES), OR EXPENSE CAUSED DIRECTLY OR
INDIRECTLY BY THE EQUIPMENT.
00148822.2)
Secap Finance SLG NAV Leese Agreement (Version V13)
C2013Pitney Boxes Inc. AN Tights reserved. Secap, lire Secep design, Piney Bowes Connect +, Soft-Guard, Iniellglnk, and Purchase Power are registered trademarks owned by Pitney Bowes Inc.
L8. EQUIPMENT OBLIGATIONS
L8.1 Condition and Repairs. You will keep the Equipment free from liens
and encumbrances and in good repair, condition, and working order.
L8.2 Inspection. We may inspect the Equipment and any related
maintenance records.
L8.3 Location. You may not move the Equipment from the location
specified on the Order without our prior written consent.
L9. RISK OF LOSS
Because we own the Equipment while you lease It from us, we need to make
sure It Is protected while it Is In your possession. You must demonstrate to us
that the Equipment will be protected by showing us that your Insurance will
cover the Equipment.
L9.1 Risk of Loss.
a) You bear the entire risk of loss to the Equipment from the date
of shipment by P61 until the end of the Lease Term (including
any extensions), regardless of cause, ordinary wear and tear
excepted ( "Loss ").
b) No Loss will relieve you of any of your obligations under this
Lease. You must immediately notify us in writing of the
occurrence of any Loss.
c) You will keep the Equipment insured against Loss for its full
replacement value under a comprehensive policy of insurance
or other arrangement with an insurer of your choice, provided
that it is reasonably satisfactory to us ( "Insurance "). YOU
MUST CALL US AT 1- 800 -732 -7222 AND PROVIDE US WITH
EVIDENCE OF INSURANCE.
L10. MAINTENANCE TERMS
L10.1 If you checked the box for "Service by Dealer or other Third Party' in
the Order, Section G3.1(b) and Section G3.1(c) with respect to
Secap Finance or its Affiliates' warranties regarding Maintenance
Service do not apply.
L10.2 If you checked the box for 'Service by Dealer or other Third Party" intheOrder, Section S4 of the Secap Finance Terms for Dealers with
respect to Maintenance Service does not apply.
L11. NON - APPROPRIATION
L11.1 You warrant that you have funds available to pay all payments until
the end of your current fiscal period, and shall use your best efforts
to obtain funds to pay all payments in each subsequent fiscal period
through the end of your Lease Term. If your appropriation request
to your legislative body, or funding authority ( "Governina Body') for
funds to pay the payments is denied, you may terminate this Lease
on the last day of the fiscal period for which funds have been
appropriated, upon (i) submission of documentation reasonably
satisfactory to us evidencing the Governing Body's denial of an
appropriation sufficient to continue this Lease for the next
succeeding fiscal period, and (ii) satisfaction of all charges andobligationsunderthisLeaseincurredthroughtheendofthefiscal
period for which funds have been appropriated, including the return
of the Equipment at your expense.
L12. EARLY TERMINATION
L12.1 You further warrant that you intend to enter into this Lease for the
entire Stated Term and you acknowledge that we have relied upon
such represented intention when determining the applicable pricing
plan. If you cancel or terminate this Lease prior to expiration of the
Stated Term (other than for non-appropriations), you shall pay a
termination charge equal to the net present value of the monthly
payments remaining through the completion of the term, discounted
to present value at a rate of 6% per year. The foregoing paragraph
shall supercede Section G5.2(b) of the Secap Finance Terms for
Dealers.
L13. MISCELLANEOUS
L13.1 If more than one lessee is named in this Lease, liability is joint and
several.
L13.2 YOU MAY NOT ASSIGN OR SUBLET THE EQUIPMENT OR THIS
LEASE WITHOUT OUR PRIOR WRITTEN CONSENT, WHICH
CONSENT WILL NOT BE UNREASONABLY WITHHELD.
L13.3 We may sell, assign, or transfer all or any part of this Lease or the
Equipment. Any sale, assignment, or transfer will not affect your
rights or obligations under this Agreement.
L13.4 You may use a purchase order to offer to obtain use of Equipment,
provided however, if a purchase order is issued, none of its terms
and conditions will supplement, amend, modify or supersede the
terms and conditions of thls Agreement, nor will any of its terms be
incorporated herein, and it will not be effective except with respect to
Equipment description, Equipment quantity, Initial Rental Term,
Total Payments, Equipment location, and the request for any
ancillary services set forth in such purchase order.
Page 2 of2 See Scoop Finance Terms For Dealers for additional terms and conditions
Approved and Adopted thi
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
cn7
nes Brainard, Presiding Officer
Mary Annur ce, Member
Date: / — S — /y
Date:
Lori S. Wats6t, Me ibe
Date: it 5J
ATTE
Diana Cordray, IMC
Date:
ClerktTre, urer