Loading...
HomeMy Public PortalAboutCopy Products Company Renewal ContractCOPY PRODUCTS COMPANY To: City of Crestview From: Copy Products Company Re: Copier Renewal This letter affili is the agreement between Copy Products Financial Services, LLC and City of Crestview. This agreement was originally approved on August 28, 2011 for the amount of $2,320.00 per month and is currently billing at that rate. The agreement was originally for 60 months included only 59,000 b/w images, no color images. This letter also affirms that a new agreement with the same price structure has been agreed upon by Copy Products Financial Services, LLC and City of Crestview. The agreement will now include 14 machines total with 5 of those units now being color. This new agreement is for $2,889.00 which includes 70,000 b/w images & 5,000 color images. All price structures are maintained under this new agreement and the above stated price will remain for the term of this new agreement which is 60 months. There are no additional fees or taxes which are under the same terms as the initial agreement. City of Crestview Copy Products Company PENSACOLA FT. WALTON CRESTVIEW PANAMA CITY GULF SHORES MOBILE 910 E Cervantes Street 110 Chicago Ave 3150 Adore Teal Way 1029 Jenks Ave 901 Commerce Onve , Ste D 3500 B Montlimar Plaza Pensacola, FL 32501 Ft. Walton Bch , FL 32548 Crestview, FL 32539 Panama City, FL 32401 Gulf Shores, AL 36542 Mobile, AL 36609 (850) 432-1580 (850)243-2679 MO) 689-4300 (850) 784-0032 (251) 970-2679 (251) 660-1972 www copyproductscompany.com COST PER IMAGE AGREEMENT COPY COPY PRODUCTS COMPANY COPY AGREEMENT NO.. 1084771 CUSTOMER ("YOU" OR "YOUR") FULL LEGAL NAME. CreSWIM, City Of ADDRESS: 198 N Wilson St Crestview FL 32536-3436 EQUIPMENT AND PAYMENT TERMS BEGINNING METER READING ❑ SEE ATTACHED SCHEDULE NOT FINANCED TYPE, MAKE, MODEL NUMBER, SERIAL NUMBER, UNDER THIS AND INCLUDED ACCESSORIES AGREEMENT MONTHLY IMAGE ALLOWANCE PER MACHINE (IF NOT CONSOLIDATED) EXCESS PER CHARGE (PLUS B&W IMAGE TAX) COLOR B&W COLOR B&W COLOR 1 Sharp MX-M260 MFP ❑ 1 Sharp MX-2640N MFP ❑ 3 Sharp MX-M354N MFP ■ 4 Sharp MX-M365N MFP IN 3 Sharp MX-4141 N MFP ■ 1 Sharp MX-M754N MFP ■ 1 Ricoh MPC4503 MFP ❑ ■ TOTAL CONSOLIDATED MONTHLY IMAGE ALLOWANCE (IF CONSOLIDATED) 70000 5000 .0072 .059 EQUIPMENT LOCATION: As Stated Above TERM IN MONTHS, 60 MONTHLY BASE PAYMENT AMOUNT' $2,889.00 ('PLUS TAX) METER FREQUENCY Quarterly PURCHASE OPTION Fair Market Value CONTRACT THIS AGREEMENT IS NON -CANCELABLE AND IRREVOCABLE. IT CANNOT BE TERMINATED. PLEASE READ CAREFULLY BEFORE SIGNING. YOU AGREE THAT THIS AGREEMENT AND ANY CLAIM RELATED TO THIS AGREEMENT SHALL BE GOVERNED BY THE INTERNAL LAWS OF THE STATE IN WHICH OUR (OR, IF WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE'S) PRINCIPAL PLACE OF BUSINESS IS LOCATED AND ANY DISPUTE CONCERNING THIS AGREEMENT WILL BE ADJUDICATED IN A FEDERAL OR STATE COURT IN SUCH STATE. YOU HEREBY CONSENT TO PERSONAL JURISDICTION AND VENUE IN SUCH COURTS AND WAIVE TRANSFER OF VENUE. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL. CUSTOMER'S AUTHORIZED SIGNATURE BY 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 UPON OUR ACCEPTANCE HEREOF. rty- !s_ aet--k (As Stated Above) CUSTOMER SIGNATURE rn PRINT NAME & TITLE DATE GOVERNMENTAL CERTIFICATE I, THE UNDERSIGNED, HEREBY CERTIFY THAT, AS OF THE DATE OF THE AGREEMENT, (A) THE INDMDUAL WHO EXECUTED THE AGREEMENT HAD FULL POWER AND AUTHORITY TO EXECUTE THE AGREEMENT AND (B) THE REPRESENTATIONS SET FORTH IN THE AGREEMENT IN THE PARAGRAPH TITLED "APPLICABLE TO GOVERNMENTAL ENTRIES ONLY" ARE TRUE AND ACCURATE IN ALL MATERIAL RESPECTS. Copy Products Company Inc OWNER 910 E Cervantes St. Pensacola, FL 32501 SIGNATURE PRINT NAME & TITLE DATE CERTIFICATE OF DELIVERY AND ACCEPTANCE The Customer hereby certifies that all the Equipment: 1) has been received, installed, and inspected, and 2) is fully operational and unconditionally accepted SIGNATURE X NAME AND TITLE: DATE 000760-ZP03AM(TL)_0810 09/08/15 PAGE 1 OF 2 290 ,. COST PER IMAGE AGREEMENT COPY COPY PRODUCTS COMPANY COPY AGREEMENT NO.. 1084771 CUSTOMER ("YOU" OR "YOUR") FULL LEGAL NAME Crestview, City Of ADDRESS. 198 N Wilson St Crestview FL 32536-3436 EQUIPMENT AND PAYMENT TERMS NOT FINANCED TYPE, MAKE, MODEL NUMBER, SERIAL NUMBER, UNDER THIS AND INCLUDED ACCESSORIES AGREEMENT BEGINNING METER READING ❑ SEE ATTACHED SCHEDULE MONTHLY IMAGE ALLOWANCE PER MACHINE (IF NOT CONSOLIDATED) EXCESS PER CHARGE (PLUS B&W IMAGE TAX) COLOR B&W COLOR B&W COLOR 1 Sharp MX-M260 MFP ❑ 1 Sharp MX-2640N MFP ❑ 3 Sharp MX-M354N MFP ❑ 4 Sharp MX-M365N MFP ❑ 3 Sharp MX-4141 N MFP ❑ 1 Sharp MX-M754N MFP ❑ 1 Ricoh MPC4503 MFP ❑ Q TOTAL CONSOLIDATED MONTHLY IMAGE ALLOWANCE (IF CONSOLIDATED) 70000 5000 .0072 .059 EQUIPMENT LOCATION. AS Stated Above TERM IN MONTHS 60 MONTHLY BASE PAYMENT AMOUNT*: $2,889.00 (*PLUS TAX) METER FREQUENCY: Quarterly PURCHASE OPTION. Fair Market Value CONTRACT THIS AGREEMENT IS NON -CANCELABLE AND IRREVOCABLE. IT CANNOT BE TERMINATED. PLEASE READ CAREFULLY BEFORE SIGNING. YOU AGREE THAT THIS AGREEMENT AND ANY CLAIM RELATED TO THIS AGREEMENT SHALL BE GOVERNED BY THE INTERNAL LAWS OF THE STATE IN WHICH OUR (OR, IF WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE'S) PRINCIPAL PLACE OF BUSINESS IS LOCATED AND ANY DISPUTE CONCERNING THIS AGREEMENT WILL BE ADJUDICATED IN A FEDERAL OR STATE COURT IN SUCH STATE. YOU HEREBY CONSENT TO PERSONAL JURISDICTION AND VENUE IN SUCH COURTS AND WAIVE TRANSFER OF VENUE. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL. CUSTOMER'S AUTHORIZED SIGNATURE BY 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 UPON OUR ACCEPTANCE HER OF. ZS )0tertil--47Z_ 6 lizA,V-k &7zt, eleek PRINT NAME & TITLE DATE (As Stated Above) CUSTOMER SIGNATURE GOVERNMENTAL CERTIFICATE I, THE UNDERSIGNED, HEREBY CERTIFY THAT, AS OF THE DATE OF THE AGREEMENT, (A) THE INDMDUAL WHO EXECUTED THE AGREEMENT HAD FULL POWER AND AUTHORITY TO EXECUTE THE AGREEMENT AND (B) THE REPRESENTATIONS SET FORTH IN THE AGREEMENT IN THE PARAGRAPH TITLED "APPLICABLE TO GOVERNMENTAL ENTITIES ONLY" ARE TRUE AND ACCURATE IN ALL MATERIAL RESPECTS. Copy Products Company Inc OWNER 910 E Cervantes St. Pensacola, FL 32501 SIGNATURE PRINT NAME & TITLE DATE CERTIFICATE OF DELIVERY AND ACCEPTANCE The Customer hereby I Ij the Equipment: 1) has been received, installed, and inspected, and 2) is fully operational and unconditionally accepted. SIGNATURE. X NAME AND TITLE.f✓G� DATE: 760-ZP03AM(TL)_0810 09/08/15 PAGE 1 OF 2 290 ADDITIONAL TERMS AND CONDITIONS AGREEMENT. You want us to provide you the equipment referenced herein, excluding equipment marked as not financed under this Agreement ("Equipment") and you agree to pay us the amounts payable under the terms of this agreement ("Agreement") each period by the due date. This Agreement is binding upon our acceptance hereof and will begin on the date the Equipment is deli/eyed to you or any -later date we designate. We may charge you a reasonable fee to cover documentation and investigation costs. If any amount payable to us is not paid within ten (10) days after it is due, you will pay a late charge equal to.1) the greater of rive (5) cents for each dollar overdue or $7 50, or 2) the highest lawful charge, if less. NET AGREEMENT. THIS AGREEMENT IS NON -CANCELABLE FOR THE ENTIRE AGREEMENT TERM. YOU AGREE THAT YOU ARE UNCONDITIONALLY OBLIGATED TO PAY ALL AMOUNTTSDUE UNDER THIS AGREEMENT FOR THE ENTIRE TERM. YOU ARE NOT ENTITLED TO REDUCE OR SET-OFF AGAINST AMOUNTS DUE UNDER THIS AGREEMENT FOR ANY REASON. IMAGE"CHARGES AND OVERAGES. You are entitled to make the total number of images shown under Image Allowance Per Machine (or Total Consolidated Image Allowance, if applicable) each period during the term of this Agreement. If you make more than the allowed images in any period, you will pay us an additional amount equal to the number of the excess images made dunng such period multiplied by the applicable Excess Per Image Charge. Regardless of the number of images made in any period, you will never pay less than the Base Payment Amount. You agree to provide us %nth the achial meter readings on any business day as designated by us, provided that we may estimate the number of images used if such meter readings are not received within five days after being requested. We will adjust the estimated charge for excess images upon receipt of actual meter readings. You agree that the Base Payment Amount and the Excess Per Image Charges may be proportionately increased at any time rf our estimated average page coverage is exceeded. After the end of the first year of this Agreement and not more than once each successive twelve-month period thereafter, the Base Payment Amount and the Excess Per Image Charges (and, at our election, the Base Payment Amount and Excess Per Image Charges under any subsequent agreements between you and us that incorporate the terms hereof) may be increased by a maximum of 10% of the then existing payment or charge Images made on equipment marked as not financed under this Agreement will be included in determining your image and overage charges. EQUIPMENT USE. You will keep the Equipment in good working order, use it for business purposes only and not moddy or move it from its initial location without our consent. 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 will comply with all laws, ordinances, regulations, requirements and rules relating to the use and operation of the Equipment. SERVICES/SUPPLIES. If we have entered into a separate arrangement with you for maintenance, service, supplies, etc. with respect to the Equipment, payments under this Agreement may include amounts owed under that arrangement, which amounts may be invoiced as one payment for your convenience. You agree that you will look solely to us for performance under any such arrangement and for the delivery of any applicable supplies. SOFTWARE/DATA. 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 not 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 data/images stored on the Equipment prior to its retum for any reason. LIMITATION OF WARRANTIES. EXCEPT TO THE EXTENT THAT WE HAVE PROVIDED YOU A WARRANTY IN WRITING, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU CHOSE ANYIALL THIRD -PARTY SERVICE PROVIDERS BASED ON YOUR JUDGMENT. YOU MAY CONTACT US OR THE MANUFACTURER FOR A STATEMENT OF THE WARRANTIES, IF ANY, THAT THE MANUFACTURER 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 and our rights in the Equipment, in whole or in part, to a third party without notice to you. You agree that if we do so, our assignee will have our assigned rights under this Agreement but none of our obligations and will not be subject to any claim, defense, or set-off that may be assertible 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. Except for claims, losses, or damages caused by our gross negligence or willful misconduct, you agree to indemnify us and our assignee, if applicable, against any claims, losses, or damages, including attomey fees, in any way relating to the Equipment. In no event will we be liable for any consequential or indirect damages INSURANCE. You agree to maintain comprehensive 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 fomhs and amounts as we deem reasonable to protect our interests. ff we secure insurance on the Equipment, we witl 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 of 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 tax 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 Date"), this Agreement will renew month to month unless a) you provide us written notice, at least 30 days prior to the End Date, of your intent to retum 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 retumed 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 retum 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 price of the Equipment. DEFAULT AND REMEDIES. If you do not pay any sum within 10 days after its due date, or if you breach any other term of this Agreement or any other agreement with us, you will be in default, and we may require that you retum 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, both discounted at 4% per annum. We may also use all other legal remedies available to us, including disabling or repossessing the Equipment. You agree to pay all our costs and expenses, including reasonable attomey fees, incurred in enforcing this Agreement. You also agree to pay interest on all past due amounts, from the due date, at 1.5% per month. UCC. If we assign rights in this Agreement for financing purposes, you agree that this Agreement, in the hands of our assignee, is, or shall be treated as, a "Finance Lease" as that tern is defined in Article 2A of the Uniform Commercial Cade ("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 our providing and your use of 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 original of this Agreement shaft be that copy which bears your facsimile or original signature, and which bears our original signature. If a court finds any provision of this Agreement unenforceable, the remaining terms of this Agreement shall remain in effect. You authorize us to either insert or Correct the Agreement number, serial numbers, model numbers, beginning date, and signature dale All other modifications to the Agreement must be in writing signed by each parry. 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) 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 the 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; (e) you intend to pay all amounts payable under the terms of the Agreement when due, if funds are legally available 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 tax or general revenues; and (h) you will comply with any applicable information reporting requirements of the tax code, which may include 8038-G or 8038-GC Information Returns. If funds are not appropriated to pay amounts due under the Agreement for any future fiscal period, you shall have the right to retum the Equipment and terminate the Agreement on the last day of the fiscal penod for which funds were available, without penalty or additional expense to you (other than the expense of retuming the Equipment to the location designated by us), provided that at least thirty (30) days prior to the start of the fiscal penod 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 stale in which you are located, (b) funds have not been appropriated for the applicable fiscal penod 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 this paragraph shall only apply rf, and to the extent that, state law precludes you from entering into the Agreement if the Agreement constitutes a multi -year unconditional payment obligation, 000760-ZP03AM(TL)_0810 09/08/15 PAGE 2 OF 2 290