CONTRACT 5550 Vender Agreement CLOSED Agreement No. 5550
ca
Remitlaanceaddress; 14904 ColectionsCenerDrveFS.) MUNICIPAL FINANCE AGREEMENT CfS' 014EEMENI
Chicago,Illinois 60693 (800)220.0200 14UM R
CUSTOMER CITY OF EL SEGUNDO
DBA PHONE
DO ('customer) (310)524-2306
BILLING ADDRESS CITY COUNTY STATE ZIP
350 MAIN STREET-CITY CLERK'S OFFICE EL SEGUNDO LOS ANGELES CA 90245
EQUIPMENT ADDRESS CITY COUNTY STATE ZIP
SAME
EQUIPMENT INFORMATION NUMBER AND AMOUNT OF PAYMENTS
Quantity Serial Number MakelModellDescriplion Number of Payments Total Payment'
1 IRA C7565i II 60 $514,25
and any and all accessories.
TERM: 60 months PAYMENT FREQUENCY: Q Monthly ❑Quarterly ❑Other: I 'Plus Applicable Taxes
THIS AGREEMENT IS NON-CANCELABLE BY CUSTOMER EXCEPT AS DESCRIBED IN THE FISCAL FUNDING PROVISION HEREIN.
CUSTOMER REPRESENTS THAT ALL ACTION REQUIRED TO AUTHORIZE EXECUTION OF THIS AGREEMENT ON BEHALF OF
CUSTOMER BY THE FOLLOWING SIGNATORIES HAS BEEN TAKEN,THE UNDERSIGNED HAS READ,UNDERSTANDS AND HEREBY
AGREES TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT
ACCEPTED Cry AUTHORIZED CUSTOMER SIGNATURE
�/Ctl_
SBtlN TrtlaCANON
owt�.)easet)IV
By 101.Ma4wel
4wii
EI �r °B.*Addreea: .7G#rna: �roDale: — rI ! ' Printeg y I'I'';' 1 Email Address:
To:Canon Financial Services,Inc-('CFSJ ACCEPTANCE CERTIFICATE
Customer cerfities that(a)the Equipment referred to in this Agreement has been received,(b)installation has been completed,(c)the Equipment has been examined by Customer and is in good operating order and condition and is,in
all respects,sailsfaclory to Customer,and(d)the Equipment is irrevocably accepted by CustomerfDF all purposes under this Agreement Accordingly,Customer hereby authorizes billing under this Agreement.
Signalure: Prinled Name: Title(irony): Date;
TERMS AND CONDITIONS
1.AGREEMENT:CFS leases to Customer,a CITY OF EL SEGUNDO [stale name or political subdivision or agency]or CALIFORNIA [Slate name]Alh its chief executive office at
35D MAIN ST'REET',EL SEGUNDO,CA 90246 and Cusfornrrr leases Inom CFS,with its place of business at 156 GadherDrive,Suite 200,MounlLavrct,NewJarscy 04054,
Alt the aganpmenl described above,rngodter vrtl'h all rep°acemant parts and subs0.ilutionn for and sddt'liona he such equdpmomt(°Equipmairr),upon the terms and conditions setforth in this Municipal Finance Aqrcement I'ftroemawnl'l,
2.TERM Of AGREEMENT:'Tlris Ag r un anl,sdraMt be effective err the datalive Equlpnornp isdulivii to Cusdolner(Conwar0m 011 ant Oele'l,provided Cuskamur mcculas CFS'fon n of acceptance,("Aoceplaoce Cenlfi'ceW)or
o'dheroAso aoconts the Equlpinent as s,pecdfied hrarain.'The(enmof Dim Agmemaar begiesaa the dean aceoptod by CFS or anyfater data that CFS di ignNec("Agreenreml Oalc"),arid shah consist otlruc prilrei psrkada speoAcd a'bovc,After
acseplarli of the Equtprneal„Cutiomor shall have m rpghd 1a rcvake such hccepWnroaor caocad Ihda Agroemcal during the lemw hereof,except as set dortl'h hereln,The perm of[his Agrcnhwahl sbalh end,unkrss'soeiner laimdnnlod by
CFS aii on everhp of defautl or undm the Finch]Funding pr iv iDn,deism sol amounts reip i4ed to be paid by Cuslamei under'tlrfs Aireenrent have boas paid as provided.Except as pwovided hefuin„CustotiDw fens no right 10 wolmrn the
Equipmenl to CFS:
3,PAYMENTS:Cuskamer agoras to pay In CFS,as hivaiced,during the term of this Agweament,(a)fire payments speciTred u,ndea"Number and Amount of Pay inenl5"above,"and(b)such other amounts pemriuod hereunder as
Inveided by CPS and(c)on Sehedldcr k.attached haroto('cor"11voy,"Payments").Straw Paymonts ate Dormpwisad of the Principal and inkilesl dtoereo'ri.The am0u'st of oaob P'ayiparil is based on llru Supplier's W51 usl'vrrate or theoosp of
the Equipment C.uslomer aulficrizo r CFS to adjust the Payment by up to fiftu rn peri(15%)it the actual total coal or pia Equwpmerll,Indurding any sates of use tax,is more or doss Uoan originally esfunaled.CuMornor"s abtdgahan to
pay aft amounts due under t'hds Afteoma'nt and all other okrll'gaii hereunder shall be absolves and unconditional and'*nolsubi to any abatements,selell,delonse or coumlerr„latm Inc any rdas)h v4rarsOermur.
4,APPLICATION OF PAYMIENT&All Payments received by CFS from Cuslarmof undoi Oris Agxomon[WR be appWcd to omounls due and payable horounder,chionDlogica0y,based on duo date of the charge as shore on dfra invoicu
pm each such ami anxf anwng arrraurnts having the Sarna date in such order as CFS,in its discwtiion.may delenn no„
5,NO CFS WARRANTIES;CUSTOMER ACKNOWLEDGES THAT CFS IS NOT A MANUFACTURER DEALER OR SUPP'MER''OF THE EQUIPMENT.CUSTOMER AGP EES'IHAT THE EOUIP'MEW IS LiEASED"AS IS"AND IS OF
A.SIZE Ci AND CAPACITY SELECTED BY CUSTOMER,CUSTOMER ACKNOWLEDGES THAF CFS HAS MADE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SUITABILITY OR DURABILITY OF THE
EOtYFMENT,THE ASSENC'E OF ANY CLAIM OF IN OR THE LIKE,OR ANY OTHER REPRESENTATION OR WARRANTY,EXPRESS OR IMPLIED,WITH RESPECT TO THE EQUIPMENT INCLUDING,WITHOUT
LIMVTATION,T14E IMPLIED WARA04TIES OF MERCHANTABILITY AND FfTHESS FOR A PARTUCULAR PURPOSE.Any warranty vrtlr rcOpeol to the Etquipmentmado by Ura manufacturer,daauar,or supplkrr is seor ale Iramr,and is
not a pad of,this Agreement and shall ba:fm the benfirfrl Or CFS,Customer an OPS"sucOassorsof ass4r naris,of anys So long as Cuslomror is nol In breach ori dalauht of dtnts Agmranrhrd6 CFS aWries to Cumonnar any werranhas
(including these Agaredd to belne m Customer and the mamrfacRn aM,dealer or Suppler)virion CFSi may have valor respect to any 4sm,of Egolpmenq provided lriw the swipe and Itrrii talions or any such warranty shall be srUaly.as sat out
GFS Aon eGiR aA u&el C Customer
er andT such anef AJrel.ACKNOWLEDGESdealer,
or su pev'or as utlielvAse speciFead in warranty moteials from such menulacluror,aoror'y or Suppe er oadShpu not inePude aruy imphed warranrbes spin ng sowly keno
PP ITHERTPESUPPLIER NOR AN'YDEALER I'SALT HORUEOTOWAIVE ORAI'IE'ItANY'7VRMOFItlMAGREEMEN'T'09ANY SCHEOULE'.ORTO
MAYS'ANY REPRESENTATION OR WARRANT'Y'WIT'H RESPECT TO If IIS AGREEMENT OR.THIE,EOUIPME14T'ON BEHALF OF CFS,
6.FISCAL FUN'OpNGC Customer warrants Ilwal it has funds avaifabte to pay Payntaraps payable powitanl to dais Agrx emenl unftl the end of Its c4tTend opprop+fagon period and warrants that it pnesen'lly intends to make Payment*,in each
atrpmpdritio'w haricwl hem mow iaiI0 the and of lhis Agreement The olficor el Cuskinrur fespon RV kv peparation or Customers annual budget stall request from its legislative body or funding authority funds to he paid to CFS under
thi,Agruerment 11 notwedmstanding the making in good froth of such raquan in accordoraca allh appropdale procedures and wiilIf the oxmacise or reasonable care and d6gonce,Such IogdnLnllve body or funding aukhonty does not
approprrola Iunds to be paid hr CFS for line EquirmwK Coslomer may,upon p rear vxillon notice In CFS,effective,upon Rhe iin f lion of the funding oulhorized for the Irvin currant rtppropriatuwn period,return the Equgamanl to CTS,at
Customer's expanse and in accordance%M thiisAgreemunL and INneupon,CuOomhof Oml'ba tokrased of its obdtgateon In make Paymaris to CFS due Owaroaluar and title In the Ecu err uaot shatl be vested In CFS,provided.(1)the
EquipO wl Isfotumd+d to CFS ars provided Iron to the Agreamenq(2)the above desc'ribe'd notka states the fallow of the rogi'sic ivo body,or fundrwug audhruik Co approprdalo the necessary hands as the mo=for cancellation„(3)such
natice is accompanied by paymenl0'.1 all,amounts then duo to CHS under thuis Agrearri and(4)Cullonior exncubasa bah of sale and ollror dMume ito requosdeir 4 CFS loevfderroo Uro rotum of b0e do the Equlifinvat IoCFS.In the
event C ustari reforms the Equipment pufsunni'to pie forms W Ihis Agieeree'nt,CFS shatl retain all sums paid by Custamcr.Customer's Payment obligations under thus Agrtximoorl fru soy Iwscail year Sltatl1 0451,wdo a curronl exparaso of
C.usbeaw dm such fiscal yeao,and Owl not ransitluto indebtedness M a mruklppo NUI year obllgvibi Of Cuslomer under Cuslamer s spade oonstiRirtowu,slate law or home wale rmanar.Nothing In l s Agnlomenit sear coadilvte a Pledge
by Cuslomrr of any lames or other monies„Other than ao aplaioindalod for a spocdhc Fiscal yearn for Ihis Agreement and the Equipment.
7.ACCEPTANCE;DELIVERY:Customer's execution of the Acceptance Certiricale,or other conormalian or Customer's acceptance of the Equipment,shall conclusively esdabilkh that the Equipment has been delivered to and stcepdr:d
by Customer for alf purposes of IN;Agrccrrreal and Cuoirmar may not for any reason revoke that acneplance;biwiever,if Customer has not,within len(10)days atter drllwvary of such Equpnfrn(Olivered to CFS written no0ccal non•
acceplonoe.spec"g,the reasons 11ferrilor'and 5pocit'kOyrelereming this Agreement,Customer shall be deemed 0 have irrovo;abty aceappad such Equlprnazi CFS ds the ksssdr and'Cosdomer os the Nssao of Tho Equipmanl under
1Pris Agrr um:amt AS'twtwsan CFS and Customer'only,this Agreement shelf It any Cumorner purebase ordet in its enGdely,nalvntlastandtag anydrdng In We contrary comfopnod in any Such:pr ichase order.Customer agrees to
wave any right of speeit'ic performance of This Artimmienl annt snalf hood CFS harmki%more damayestl for any reason the Equbprrxart Is DO delivered'as ordered,if the Equdpi ws unsati0actary or if CPS docs not execute Ihis
AgroOmrdrrt Cuspam0r agnarn that arwy rladay'io dol"ivory o0 9he Equdpm0nl OIra�Il no4 afTasl Uiu vofddrtyol thlsAgroomnnt
6J,0001i LAFN'S;NAME'S„OFFICES:Coisldmor shall not move the Equipnrenq from dCro i(aoaRLnn spxr0i8ed heroin excOpt wdRlr 1;he prier yrpUan cpnsem ofCFS,E;ustOmar shatl Inrdp be,EquiprunnR free and clear of roti c4tims and
k OS 000 than Iho5e do faaar Of CFS,Cuslorma A,to Rol Dame(es set rortll in Its oonskpuemp drxumeiii Wit Wath 010 apsTOPeiata governmaenlet Ofts,at spopi is as set forth h wein,The creel oxecouvo office artiness of Cuslamer is as
set lodin heroin.Customer sha0 provide CFS with vxwhon notice at least Oily(30)days prior to any change or its legal'name or(tialexecuti oke address,and shall uxurule awed dalroa r 10 CFS such documents as required m
appropriate.
9,WARRANTY OF BUSINESS PURPOSE;USE;PERSONAL PROPERTY;FINANCING STATEMEli Customaa reprresonls and warranLS that 1110 EgvinmeM will not be used for p r,,monii famlty,far household punpases Cusdrvreon
Ghalicomply vndh all laws and r,aguehon5 rolnt'ung to tho vee and mafnenandm of the Equipment Cusdomor shalt psi the Equlpmaal onfy to Mo use conlemplaled by the Monutaslerur.The Equdpimol shat(remain perso:roi properly
regardless of wholdwer it baeomrs af(nxad to real property of permirri y rests upon any real property or any impreiii to ar nd propmly.Comomer aulboi CFS(and any Ihird pony fling service dosignaded by CrS)to a xecule.end
file fa)financing Mallomonis evidencing pie infeest of CFS in dere Equalalrrunt(dnetuddng forms contarmng a broadat description of the Equipment than the description set lodh herein),(b)continuation slalernenls in respect(hereof,and
(c')antendmdnll5 phrrrata„aced CuS9orna”hravodably waiv0s Ary riglrf Ra notice thorrrral'.
10.INDEMNITY:Customer shall reimburse CFS for and defend CFS against any claim for losses or injury caused by the Equipment.This Section shall survive termination of[his Agreement
CFS-1045(05117) Page 1 0l 2 SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS
Agreement No. 5550
11.MAINTENANCE;ALTERAVONS:Cosidmaf shall keep and maintain The Equipment in good working order same rights and benefits Thal CFS has now and will not have to perform any of CFS'obligations,which CFS will
and shall,at Customer's exponse,supply almd'inslall all reoucement parts and acrossories when aequ4ad to continue to perform:Customer agrees That the rights of the assignee will not be subject to any claims,defenses,or
maintain the Equipment in good working condition,Customer shall not,without the prior written consent of CFS, set-offs(hat Customer may have against CFS.If Customer is given nolice of any such Transfer,Customer agrees,
make any changes or substitutions to The Equipment,Any and all replacement pads,accessories,authorized if so directed therein,to pay directly to the assignee all or any pad of The amounts payable hereunder.
changes to and/or substitutions for the Equipment shall become part of The Equipment and subject to the Terms of 19.RETURN:If Customer terminates the lease of any Equipment as described in the Fiscal Funding provision
This Agreement hereol,Customer shall return such Equipment at its sole cost and expense in good operating condition,ordinary
12.TAXES;OTHER FEES AND CHARGES:CUSTOMER SHALL PAY AND DISCHARGE WHEN DUE ALL ,year and[ear resulting from proper use excepted,To a location specified by CFS.CFS may charge Customer a
LICENSE AND REGISTRATION FEES,ASSESSMENTS,SALES,USE,PROPERTY AND OTHER TAXES,AND return lee equal to the greater of one Payment or$250 for the processing of returned Equipment,If for any reason
OTHER EXPENSES AND CHARGES,Together with any applicable penalties,interest and administrative fees now Customer shall fail To return the Equipment To CFS as provided herein.Customer shall pay to CFS upon demand
or at any time imposed upon any Equipment,the Payments,or Customer's performance or non-performance of its one billing period's Payment for each billing period or portion thereof that such return is delayed,Customer shall
obligations hereunder,whether payable by or assessed to CFS or Customer.In connection with The payment of reimburse CFS for any casts incurred by CFS to place the Equipment in good operating condition.
any fees,assessments,taxes,expenses or charges by Customer as required by this Agreement,upon CFS' 20,OWNERSHIP OF EQUIPMENT:Title to the Equipment shall pass to the Cuslomar"AS•IS WHERE-IS'without
its sale Customer shall provide CFS with evidence of such payment,such evidence to so charges
a to CFS d any warranties of any kind,upon commencement or The Agreement As security for The due payment and
its sole discretion.CFS
If Customer fails to pay any such lees,assessments,taxes,expenses, charges as required performance of all of its obligations hereunder,Customer hereby grants to CFS,its successors and assigns,a first
hereunder,CFS shall have the right but not the a CFS.u to pay those lees,assessments,loxes,expenses and priority security Interest in the Equipment,which security interest shall only be released upon proper notice and
charges,and Customer shall promptly reimburse CFS,upon demand,Tor all such payments made plus p ly tyty y � p �
administrative fees and costs,it any,Customer acknowledges that,where required by law,CFS will file any payment by Customer of all amounts due hereunder.
notices and pay personal property lazes levied on the Equipment Customer shall reimburse CFS for the expense 21.DATA:Customer acknowledges that the hard drive(s)on the Equipment,including atacbed devices,may
of such personal property taxes as invoiced by CFS and pay CFS a processing fee not to exceed$50 per year per retain images,content or other data that Customer may store for purposes of normal operation of The Equipment
item of Equipment[hal is subject to such tax:Customer agrees that CFS has nor,and will not,render tax advice to ("Data").Customer acknowledges Thal CFS is net storing Data on beh all of Customer and Thal exposure or access
Customer,and that payment of such taxes is an administralive act,ON THE DATE OF THE FIRST SCHEDULED to The Do[a by CFS,if any,is purely incidental to the services performed by CFS.Neither CFS nor any of its
PAYMENT AND THE DATE OF THE FIRST SCHEDULED PAYMENT AFTER THE ADDITION OF ANY aHlllalea has an obligation to erase or overwrite Data upon Customer's return of the Equipment to CFS,Customer
EQUIPMENT,CUSTOMER SHALL PAY TO CFS A DOCUMENTATION FEE,IN THE AMOUNT OF$05,TO is solely responsible for:(A)its compliance with applicable Taw and legal requirements pertaining to data privacy,
REIMBURSE CFS FOR ITS ADMINISTRATIVE AND RECORDING COSTS, storage,security,retention and protection;and(B)all decisions related to erasing oroverwriting Data.Without
13.INSURANCE:Customer,at its sole cost and expense,shall,during The term hereof Including all renewals and limiting The foregoing,it applicable,Customer should,(t)enable the Hard Disk Drive(HDD)data erase functionality
extensions,obtain,maintain and pay for(a)insurance against The loss,that[,or damage to The Equipment for the that is a standard feature on certain Equipment andlor(t)prior to return or other disposition of the Equipment,
lull replacement value thereof,and(b)comprehensive public liability and properly damage insurance,All such ugllze The HDD(or comparable)formatting function(which may he referred To as'lnitialized All Dala/Settings"
insurance shall provide for a deductible notexceeding$5,000 and be in form and amount,and with companies function)if found an The Equipment to perform a one pass overwrite of Data or,it Customer has higher security
satisfactory to CFS.Each Insurer providing such insurance shall name CFS as additional Insured and loss payee requirements,Customer may purchase from its Canon dealer at current rales an appropriate option for the
and provide CFS thirty(30)days'writen notice before the policy in question shall be materially altered or Equipment,which may include(a)an HDD Dela Encryption Kit option which disguises information before it is
canceled.Customer shall pay The premiums for such insurance,shall be responsible for all deductible portions written to The hard drive using encryption algorithms,(b)an HOD Data Erase KIT that can perform up to a 3-pass
Thereof,and shag deliver certificates or other evidence o1 insurance to CFS.The proceeds or such insurance,at overwrite of Data(for Equipment not containing data erase functionality as a standard feature),or(c)a
The option oICFS,shall be applied to(a)replace or repair the Equipment,or(b)pay CFS the Remaining Lease replacement hard drive(in which case Customer should properly destroy,The replaced hard drive).Customer shall
indemnify CFS,its subsidiaries,directors,officers,employees and agents from and against any and all costs,
Balance;which shall he the sum of:(i)all amounts than owed by Customer to CFS under this Agreement;s,(ii) expenses,liabilities,claims,damages,losses,judgments or fees(including reasonable atomeys'fees)arising or
the presenlvalue s all remaining Payments f d the full term of thValue underrneni;Was(Ill)any applicable Taxes, related to The storage,transmission or destruction of the Data.This section survives termination or expiration of
expenses,charges and fees.For purposes el determining presentvalue under this Agreement,Payments shall be This Agreement The terms of this section shall solely govern as to Date,notwithslanding That any provisions of this
discounted at Three percent(3%)per year,Customer hereby appoints CFS as Customer's agorrey-in-feat sorely to Agreement or any separate confidentiality or data security or other agreement mower hereafter entered foto
make claim for,receive payment of,and execute and endorse all documents,checks,or drafts for any loss or between Customer and CFS applies,al could at construed to apply to Data.
damage to Equipment under any such insurance policy.If within len(10)days after CFS'request,Customer[ails
To,deliver satisfactory evidence of such insurance to CFS,Then CFS shat have the fighL but not the obligation,to 22,MAXIMUM INTEREST:No Payment is intended to exceed The maximum amount of interest permitted to be
obtain insurance covering CFS'interests in The Equipment,and add the costs of acquiring and maintaining such charged orcollecled by applicable laws,and any such excess Paymenlwill be applied to payments due under this
insurance,and an administrative fee,to the amounts due ham Customer under this Agreemerl and any of its Agreement,in inverse order of maturity,and Thereafter shall be refunded,
affiliates may make a profit on the foregoing. 23.UCC•ARTICLE 2A:CUSTOMER ACKNOWLEDGES AND AGREESTHAT THIS AGREEMENT IS INTENDED AS A
14.LOSS;DAMAGE:Customer assumes and shall bear the entire risk of loss,[het of,or damage to the 'FINANCE LEASE"AS THATTERM IS DEFINED IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE('UCC 2AJ
Equipment from any cause whatsoever,effective upon delivery to Customer.No such loss,theft or damage shall AND THAT CFS IS ENTITLED TO ALL BENEFITS,PRIVILEGES AND PROTECTIONS OF A LESSOR UNDER A
relieve Customer of any obligation under this Agreement.In the event of damage to any Equipment,Customer FINANCE LEASE-CUSTOMER WAIVES ITS RIGHTS AS A LESSEE UNDER UCC 2A SECTIONS 500.522.
shall immediately repair such damage at Customer's expanse,If any Equipment is lost,stolen,or damaged 24.WAIVER OF OFFSET:This Agreement is a net lease.If the Equipment is no[properly installed,does not
beyond repair.Customer,at The option of CFS,will(a)replace The same with like equipment in a condition operate as represented or warranted,or Is unsatisfactory for any reason,Customer shall make such claim solely
acceptable to CFS(such replacement equipment will become'Equipmenr and be subjec(to the terms of this against the supplier,dealer,or manufacturer-Customer waives any and all existing and future clams and offsets
Agreement including without limitation the security interest granted to CFS under this Agreement)or(b)pay CFS against any Payments or other charges due under this Agreement,and unconditionally agrees to pay such
Tho Remallning Leaso Bstance. Payments and other charges,regardless of any offset or claim which may be asserted by Customer or on fls
15.DEFAULT:Any of The following events or conditions shall conslilu[e an Event of Default under This Agreement: behalf.
(a)Customer defaults in the payment when due of any indebtedness o1 Customer to CFS,whether or not arising 25.AUTHORITY AND AUTHORIZATION:Customer represents and agrees[hat(a)Customer Is a stale or a
under this Agreement,without notice or demand by CFS;(b)Cuslomeror any guarantor or Customer's obligations political subdivision or agency of a slate;(b)Thal entering into and performance of the Agreemenl is authorized
hereunder rGuaranloo ceases doing business as a going concern;(c)Customer or any Guarantor becomes under Customer's state laws and Constitution and does not violate or contradict any judgment law,order,or
insolvent or makes an assignment for The benefit of creditors;(d)a petiUon or proceeding is filed by or against regulation,orcause any default under any agreement to which Customer is party;and(c)Customer has complied
Customer or any Guarantor under any bankruptcy or insolvency law,(e)a receiver,trustee,conservator,or with any bidding requirements and,where necessary,has properly presented This Agreement for approval and
liquidator is appointed for Customer,any Guarantor,or any or their property;(Q any statement representation or adoption as a valid obligation on Customer's part,Upon request,Customer agrees To provide CFS with an opinion
warranty made by Customer or any Guarantor to CFS is incorrect in any material respect;or(g)Customer or any of counsel as To clauses(a)through(c)above,an incumbency cerfificale,and other documents that CFS may
Guarantor who is a natural person dies, request,with all such documents being in a form satisfactory to CFS.
16.REMEDIES:Upon The happening of any one or more Events of Default,CFS shall have the right to exercise 26.GOVERNMENT USE:Customer agrees that(a)Customer will comply with all information reporting
any one of all of the following remedies(which shall be cumulative),simultaneously,or serially,and in any order: requirements of the Internal Revenue Code of 1986,as amended,including but not limited to the execution and
(a)to require Customer to immediately pay all Payments hereunder(whether or not then due)and other amounts delivery to CFS of information reporting statements requested by CFS,(b)Customer will not do,cause to be done,
due under[his Agreement;(b)to terminate any and all agreements with Customer;(c)with or without notice, or fail To do any act if such aclwill cause the interest portion of the Payments to be of to become subject to
demand or legal process,to enter upon the premises wherever the Equipment may be found,to retake possession Federal income laxation,and(c)the use of the Equipment is essential for Customers proper,elfieientand
of any or all of the Equipment and(t)retain such Equipment and all Payments and other sums paid hereunder,or economic operation,Customer will be The only entity to use The Equipment during the Term or This Agreement and
(ii)sell the Equipment and recover from Customer the amount by which the Remaining Lease Balance exceeds Customer will use the Equipment only for Customer's governmental purposes.Upon request,Customer agrees to
the net amount received by CFS from such sale;or(d)to pursue any other remedy permitted at law or in equity- provide CFS wilh an essential use letter in a form salislac[ory to CFS as to clause(c)above.
CFS(Q may dispose of The Equipment in ds then present condition or following such preparation and processing 27,GOVERNING LAW;VENUE;WAIVER OF JURY TRIAL:THIS AGREEMENT HAS BEEN EXECUTED BY
as CFS deems commercially reasonable;(ii)shall have no duty to prepare or process the Equipment prior to sale; CFS IN,AND SHALL FOR ALL PURPOSES BE DEEMED A CONTRACT ENTERED INTO IN,THE STATE OF
(iii)may disclaim warranties of title,possession,quiet enjoyment and the like;and(N)may comply with any NEW JERSEY,THE RIGHTS OF THE PARTIES UNDER THIS AGREEMENT SHALL BE GOVERNED BY THE
applicable state or federal law requirements in connection with a disposition or the Equipment and none of the LAWS OF THE STATE OF NEW JERSEY WITHOUT REFERENCE TO CONFLICT OF LAW PRINCIPLES,ANY
foregoing actions shall be deemed to adversely affect the commercial reasonableness of the disposition of the ACTION BETWEEN CUSTOMER AND CFS SHALL BE BROUGHT IN ANY STATE OR FEDERAL COURT
Equipment.it the Equipment is not available for sale,Customer shall be liable for the Remaining Lease Balance LOCATED IN THE COUNTY OF CAMDEN OR BURLINGTON,NEW JERSEY,OR AT CFS'SOLE OPTION,IN
and any other amounts due under this Agreement,It the proceeds of the sale of the Equipment are not sufficient to THE STATE WHERE CUSTOMER OR THE EQUIPMENT IS LOCATED.CUSTOMER,BY ITS EXECUTION AND
pay The balance of any Payments owed by Customer during its then-current appropriation period,CFS may lake DELIVERY HEREOF,IRREVOCABLY WAIVES OBJECTIONS TO THE JURISDICTION OF SUCH COURTS
any other remedy available at law or in equity To require Customer to pay such Payments and perform any of its AND OBJECTIONS TO VENUE AND CONVENIENCE OF FORUk4 CUSTOMER,BY ITS EXECUTION AND
other obligations under this Agreement No waiver of any of Customer's obligations,conditions or covenants shall DELIVERY HEREOF,AND crs BY ITS ACCEPTANCE HEREOF,HEREBY IRREVOCABLY WAIVE ANY RIGHT
be elective unless contained in a writing signed by CFS.Failure to exercise any remedy that CFS may have shall TO A JURY TRIAL IN ANY SUCH PROCEEDINGS
not constitute a waiver of any obligation with respect to which Customer is in default 26.MISCELLANEOUS:All notices required or permitted under[his Agreement shall be sufficient if delivered
W.LATE CHARGES;EXPENSES OF ENFORCEMENT:If Customer fails to pay any sum to be paid by Customer personally,sent via facsimile or other electronic Transmission,or mailed to such party al the address set forth in
to CFS under this Agreement an or berme[lie due date,Customer shall pay CFS,upon demand,an amount equal this Agreement,or at such other address as such party may designate to willing from Time to time-Any notice from
to the greater often percent(10%)of each such delayed Payment or twenty-five dollars($25)for each billing CFS To Customer shall be effective Three(3)days after it has been deposited in the mail,duly addressed.All
period or portion ora billing period such Payment is delayed,in each case to the extent permitted by applicable ruohices to CFS Tram Cuslomar shall be offi rbvo after it has been roccived via U.S,nmadl,express dotivery,
law.The amounts specified above shall be paid as liquidated damages and as compensation for CFS'internal laresunlle or other 0actronr:liansmissrom„11 Them should be mare them one,pmrty execulAg this Agroamomt as
operating expenses incurred in connection with such late payment In addition,Customer shall reimburse CFS for Customer,all obligations to be performed by Customer shall be the joint and several liability of all such parties.
all or its out-of-pocket costs and expenses incurred in exercising any of its rights or remedies hereunderor in Customer's representations,warranties,and covenants under this Agreement shall survive the delivery and return
enforcing any of the terms of this Agreement,including,without limitation,reasonable fees and expenses of of The Equipment Any provision of[his Agreement Thal may be determined by competent authority lo be prohibited
atomeys and collection agencies,whether or nor sail is brought.If CFS should bring court action,Customer and or unenforceable in any jurisdiction shall,as to such jurisdiction,be ineffective to The extent of such prohibition or
CFS agree That attorney's lees equal to twenty-five percent(251/6)of the Total amount sough)by CFS shall be unenforceability without invalidating The remaining provisions of this Agreement-No such prohibition or
deemed reasonable for purposes of This Agreement unenforceability in anyjurisdlclion shall invalidate or render unenforceable such provision in any other jurisdiction;
16.ASSIGNMENT:CUSTOMER SHALL NOT ASSIGN OR PLEDGE THIS AGREEMENT IN WHOLE OR IN Customer agrees that CFS may insert messing hnformalion or correct other information on this Agreement including
PART,NOR SHALL CUSTOMER SUBLET OR LEND ANY EQUIPMENT WITHOUT PRIOR WRITTEN CONSENT The Equipment's description,serial number,and location and corrections to Customer's legal name;otherwise,[his
OF CFS CFS may pledge of hansfer this Agreeuheld Customer agrees That it CFS Transfers This Agreement,CFS Agreement contains The entre arrangement between Customer and CFS and no modifications of This Agreement
shall act as Cuslomers agent Tor purposes of keeping a written record of such transfer in accordance with Section shall be effective unless in writing and signed by the parties.Customer agrees that CFS may accept a facsimile or
149(a)of the Internal Revenue Code of 1986,as amended,and upon Customer request CFS shall deliver the new other elecbonic transmission of(his Agreement or any Acceptance Certificate as an original,and[hat lacsimtie or
assignee's name to Customer,Customer agrees Thal it CFS transfers this Agreement,The assignee will have the electronically Transmitted copies of Customers signature MIT be treated as an original for all purposes
CFS-1045(05117) Page 2 of 2 Ini[ials�
Agreement No. 5550
Canon Financial Services, Inc. Addendum to Agreement
for application # 1075132
WHEREAS, Canon Financial Services, Inc. ("CFS")and City of EI Segundo("Customer") have
determined that it is for their mutual benefit to enter into this Addendum ("Addendum")to the Lease
Agreement (whether designated a Lease, Rental Agreement, Master Lease, or otherwise) ("Agreement")
for the lease or rental of certain equipment("Equipment").
NOW,THEREFORE,for good and valuable consideration, intending to be legally bound,the parties
hereto hereby agree as follows:
Capitalized terms used herein but not otherwise defined herein shall have the respective meanings given
to such terms in the Agreement. It is expressly agreed by the parties that this Addendum is supplemental
to the Agreement and that the provisions thereof, unless specifically modified herein,shall remain in full
force and effect and shall apply to this Addendum as though they were expressly set forth herein.
In the event of any conflict or inconsistency between the provisions of this Addendum and any provisions
of the Agreement,the provisions of this Addendum shall in all respect govern and control.
The terms and conditions paragraph(s) in the Agreement (CFS-1045 05/17)are changed as follows:
27. GOVERNING LAW; VENUE; WAIVER OF JURY TRIAL: Paragraph 27 is amended by (i) deleting
the first sentence in its entirety; (ii) deleting each instance of the words "NEW JERSEY" and replacing
with the words "CALIFORNIA"; and (iii) deleting the words "CAMDEN OR BURLINGTON" and replacing
with the words "LOS ANGELES".
Customer agrees that CFS may accept a facsimile copy of this Addendum as an original, and that such
facsimile copy will be treated as an original for all purposes. THIS ADDENDUM SHALL BE EFFECTIVE
WHEN IT HAS BEEN SIGNED BY CUSTOMER AND ACCEPTED BY CFS.
CANON FI C ERVICES, INC. City of e
By:
Title; ✓ ,� ,
Pre, ame.
Date: 'Title:
dbof/zd/�
i
Printed
Name- ijI rM,N ,aJft
APPROVED
8Y CF8
PERMS 8,cotmmotas
OEPARWENT Pp AS TO FORS,
4-
CITY'TTOR
Agreement No. 5550
ca" 1
CANON FINANCIAL SERVICES,INC. (cFsl Agreement Addendum
Remittance address: PERSONAL PROPERTY TAX
14904 Collections Center Drive
Chicago,Illinois 60693 CFS-1123(08/12)
(800)220-0200 www.cfs.canon,com Agreement 50769409
Number:
Customer: CITY OF EL SEGUNDO
This Personal Property Tax Addendum ("Addendum") is made a part of the above mentioned
Agreement (whether designated a lease, rental, Master Lease together with any Schedules thereto, or
otherwise, the"Agreement"), by and between the above mentioned Customer("Customer") and Canon
Financial Services, Inc. ("CFS") pursuant to which Customer is or shall become the renter or lessee of
certain Equipment(as defined in the Agreement). Capitalized terms used herein but not defined will
have the same meanings assigned to them in the Agreement.
1. Notwithstanding anything to the contrary contained in the Agreement regarding taxes, fees, and
other charges, in consideration of CFS waiving Customer's obligation to reimburse CFS for state and
local personal property taxes on the Equipment, Customer agrees to pay CFS the increased monthly
payment set forth in the Agreement" Customer remains responsible for all other taxes, fines or
penalties relating to the Agreement or the Equipment.
2. This Addendum supplements and amends the Agreement only to the extent and in the manner set
forth herein, and in all other respects the Agreement remains in full force and effect.
Customer agrees that CFS may accept a facsimile or other electronically transmitted copies of this
Addendum as an original, and that facsimile or other electronically transmitted copies of Customer's
signature will be treated as an original for all purposes.
AGREED AUTHORIZED CUSTOMER SIGNATURE
Canon Financial Se c Customer: CITOF E EGUNDO
B : B
v ,�' I y
'
Printed Name: a i!� S�l �r^ Printed Name: N,il
C —
Title: Title: i� a4 ev-
r�
pate: i>Y z. rr
ff
APP AS T0 FORM: .
Cli " itj IOF�JJEY
CFS-1123(08/12)
Agreement No. 5550
350 Main Street
.. . V Prcrop sal Prepared For:Clerk's Ofc.. ....
City C
.. g ....
EI Segundo,CA 90245
\ f
4 ontact: Ms. Lili Sandoval oml
(310) 524-2306 _.... w�
4/6/2018
601 NW/ Lease Patt,
Priceprice V Buyout"
1 ICO„M„AGERUNNER ADVANCE„C„7„5„6„51 II(65 ppm) $. 38,536.00. $ 20,946.63
i NVENIENCE STAPLER-A1 .. .... Promo Promo.... ..
1 STAPLE FINISHER-V2 Included Included
1 PUNCHER UNIT.Al Included Included
1 SUPER G3 FAX BOARD-AS2 Included Included
1 ESP NEXT GEN PCS POWER FILTER 120V/20&1 Included Included
TALL PAK C7565I** Included Included
I MIDV VOLUME Included Included I
�
YY
TOTAL $ 38,53670.0 $ 20,946.63 "$
Plus Applicable Tax
” � �I dv�IYlrn � uu� u ul' Inliu ������� ��������� ��������� lullllllllllllllllllu uloolllull luuuu IIIOIwu a II IIIIIIIIIIIII 111I .....� 'r dldlll ��.. ..,.�,., ..�.u i u! „ v N...11, ly„i,��,,. Iii .....I �������dVIIIIV lull„� II Iii d !!l lgllllllllllllllllllllllllllllll�„ I IIIIIIIIIIIII .,
IVlull�ll Im lullll,,,,, � II��,„� I all,lil uuuuuiillllllllllllppl uuullllllllllllllllllllllllllllll�� l,I, p ��, � � „rr ,,,,� Ili ������„
III � ., IIIA .� II tl7lfilllp� III���fdG.�� lullllddddullllmlldlulllllllllllllllllllluuullllllllllllll d � ! .I I •
,�. �,,.• Jlllll I„I ,,I ISI m� I� uuuuuuuuuuuul���� I� ����� ���������;
,,,,,III I �,�,I �fl uu I �I luui luuuuuuu I ��
IIII II IIII. � I I !uu! u.
� III�� ul I� I^uuu ,I uuuuuuuuuuuuuuuuullllllllllllllll i�„ � ! I lu I
I � I mlu ,,I lill�lllll,iillul I,„^ (IIIIIIIIIIIII„, emu Illllllllllllllllllllllllllllllllllllpllllllllllllllpll I II,IIIIIIIIII�y, ,,,IIII,,,,, ,I"', I`';"° ,;,,, �r�l�, ,,,,,,,,,,,,
! IIIIIIIIIIIVIVIIIII�II rll N p I VIII t I
n.µ I
lyMgl I
II„ IIlIIII 111111„ill'!;II III„ Y II I II p I MVI a Illlllllllllluuuu ”"n6111111i' ��yy! umii I �,�Iliulllll,+l�„„�wollllwuPlll °V.IIIIIIIIIVIIV�uIIIQIIIqu�!',,v��,l 111111 Illlll„�IIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII,, I �lNN!!!Nllll will'^ �.�f,��.
i I I, II' A,.louu III
CANON SOLUTIONS AMERICA INC.
Per wally
Corporate Advantage Per Unit Billed Q ntage Pla'or Anna 1/2”x 11” image. I I
IRC7565i II Images At: $0.0052/ age Black&White
$0.041/................ 49.24
image Color $ 0 8.10 3,593 I $.......................................1..................
3
„ .... ...... 7.31
....... .... ........ Total Maint Cost 9 1$6.65
ALL PARTS LABOR.S...............
UPPLIES INCLUDED, EXCEPT PAPER&,,,STAPLE
CPC PRICING FIXED TERLY
OANNUAL TERM AND BILLED
ZERO VOLUME COMMITMENT.
..,,
le is provided during normal„•buisnes
s hours Mondaythrough
Friday.
Forr any further information regardIng this quotation, please contact:
I
Leasing
„ q Canon Financial Svcs.
Maintenance r, qh
Canon Solutions America Inc
Mark LeestTa
Mayor Account Executive
Inc.
r'ca Government/ EducationI ,_ I VIIII
Kilroy
3Canon 900 S® to ortWay.America,,
..........1+...
Lon
90806
Phone: (562)
Canon
..�.�.�. gBeach,Ca
POSSIBLE
Cell: (714)606-8267 ...__ SEE M
mlpestma@)csa.canpn c9m r
payment I � I w
**Shipp ng Cost tolret included
nolda2075 7.09 25.39 7d equiipment to CFS leasing included l 5(.3o173)