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HomeMy WebLinkAboutReso 91-002 - Approve the lease/purchase agreement between the COR & Xerox Corp i RESOLUTION NO. i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE LEASE/PURCHASE AGREEMENT BETWEEN THE CITY OF REDDING AND XEROX CORPORATION, AND AUTHORIZING THE MAYOR TO { SIGN SAME. BE IT RESOLVED by the City Council of the City of Redding as follows: 1. That the City Council of the City of Redding hereby approves the attached Lease/Purchase Agreement for three Xerox 5018ZT copiers with mechanical auditrons, entered into by and between the City of Redding and Xerox Corporation; and 2. That the Mayor of the City of Redding is hereby authorized and directed to sign all necessary documents on behalf of the City of Redding, and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal i of the City of Redding on the aforesaid Lease/Purchase Agreement, when appropriate. 3 . That a true copy of said Lease/Purchase Agreement is attached hereto and incorporated herein by reference. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 2nd day of January 1991, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Arness, Dahl , Fulton, Moss & Buffum NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None C UW,/Mayor tityiVof Redding I ATTEST: /j FORM APPROVED: ET EL A., N HOL City Clerk RA14DALL A , ity Attorney "� XEROX Xerox Urder Agreement This Xerox Order Agreement covers transaction(slj1&ecked below and incorporates the General Termond Conditions attached hereto and other Terms and Conditions referenced below; i.❑Equipment Purchase ><,_ Installment Purchase L�TermLease, LlEquipmenfServices Software License I❑Y-e" intenance1 No ,,' i ❑Malntennce Oni ❑ ❑Yes Maintenance No❑ ❑Financed Equi ment Configuration Change BILL TO CUSTOMER NAME INSTALLED AT,CUSTOMER NAME 4C Ir IT�� 104 07�AAL .� s E PARENT COMPANY(IF FFERENTL NAME OVERFLOW l STREET ADDRESS FLOOR,ROOM ROUTING D FA R K V1 e4Ove BOX NUMBER/ROUTING STREET ADDRESS STATE ZIP CITY STATE ZIP ,, r:k {, ar,y''..t...f •• -'r..� 4 .x- awl -�4 ''. '�'+'E�'�L.�Ftgti�r ri.N i �a^ci�..fia`•a4 +,y. Equipment Order Information ttt� °}i. "'7 `� �`is'vf, �'Q, .sem r {�.�� ' 07, ...<f City. Xerox Product Ser.#if in lace .List Price Total List$ Less Deductions Net Price B. Total Net ( place) Opt.ToPurch. Trade-In - .Other Price �y C. Cash Down Xerox ��O 2�1� "1 Payment ` Xerox A D. Cash Price (Principal Balance r Xerox 5(� [B-CI) E. Finance I Xerox Charge or Interest at % Xerox . F. Time Balance I' Xerox (D+E) I G.Time Sale Price(C+F) Xerox Xerox _Monthly Installments Meters A.From Attached ' Order Agreement Of $ t 2 Addendum s Total Net Price (Exclusive of 3 4 B.Totals b Maintena ce and x`Su ly ChaPiacemes) Term of Agreement(Check One Plan) ❑ 24 Month L91 36 Month ❑ 48 Month ❑ 60 Month El Other SO 7�Q.S Description of MaintenancQ Com_ t Included in Total Monthly Lease Payment Total Monthly Minimum Lease Payment $ PAI la (Exclusive of Sales/use Tax and Placement Charges) /' G 1��GT Copy Charges will be billed separately in accordance with t Maintenance Price List Indicated Purchase Option Amount: $ (? `I7 C/ Copy Allowance Copy Charge Billing Cycle :V/ The interest payable for State/Local Government Installment Purchase or Term Lease subject to this order is $ Ate• (for Term Lease this assumes the option to purchase is exercised at end of lease period) at a rate of Z.0 S % K-12 Summer Option Hardware Price Plan Description: Initial Term: Billing Cycle: Contract Number. Software Price Plan Description: Initial Term. Billing Cycle. ." Contract Number. " Gov't.Firm Contract Option❑" ` Gov't.Fiscal Year Option❑ Gov't.Fiscal Year Begins K- 12 Summer Option Existing Equipment(List Serial Numbers) Prapackeu s°pies w"'pe shipoee and b'uen to tha Customer tar certain PURCHASE ORDER /CONTRACT INFORMATION: g equiprrien[as desgnateo on the relerenCed Price List. Does this order include orepacked supplies not included ❑No❑Yes (Purchase Order References are for Billing Purposes Only) in the Equipment purchase price? Customer agrees to accept and pay for the hitci ❑No❑Yes prepackeo supolies. Customer Requires Purchase Order Number. ❑ No ❑ Yes Customer can request removal.or return of bilhoie orelacked supplies and receive full creait. ADDITIONAL SUPPLIES Customer Purchase Order Numbers: QTY.I REORDER n SUPPLY ITEM UNIT PRICE Equipment: Tax ExemptXNo ❑ Yes(Attach Exemption Certificate) Maintenance: Placement Charge Applicable ❑ Yes �k No Total Warranty Months(For Purchase Only) Supply: Total Prepaid Months Xerox Supply Contract Earliest Customer Acceptance Date: Master Purchase Agreement#: CUSTOMER MUST INITIAL TO ACKNOWLEDGE RECEIPT OF XEROX PRICE LIST,ALL PAGES AS IDENTIFIED.TERMS AND CONDITIONS AND OTHER DOCUMENTS DESIGNATED BELOW. Dated Initials Dated Initials Dated Initials Xerox Price List Maintenance Services Terms and Conditions "7/1/90 Other # Term Lease Terms and Conditions 7/l/ Other: Maintenance Price List# Equipment Services Terms and Conditions Gov't.Contract/Price List# A Software License Terms and Conditions Financed Contract Number Xerox Order Agreement Addendum(s) 7/l/ Equipment Trade-in Terms and Conditions 95 Equipment Purchase Terms and Conditions 7/11/90 Extended Service(Warranty)AmendmentSales Rep Emp. Installment Purchase Terms and Conditions 7/11/90 Negotiated Contract# 4 Sales Re Customer: r UpA Rep By(Please Print) - .- - - Acknowledc pment.. - Xerox Corporation Signature K Signature Accepted For Xerox Title Y Date Title Date Delivery Contact Phone Ext. Site Cleared ❑ Yes ❑ No Cn IAIAS1711/OrL vrnnv ICCC cliCt/CQCC CIr1C =nD !_GAIF'RAI TFRMg AAIB Cr)K1r11TI(`)Mg1 a i OX LEASE WORKSHEET 119IFECTIVE 7-1-90,DISCARD ALL OTHER ISSUES. *NOTE:Lease Factors Are Pricing Factors.No Reference To An Implied Finance Rate And No Information On This Worksheet Should Be Disclosed. BILL TO CUSTOMER NAME 7- INSTALLED AT,CUSTOMER NAME -LL -i- 111 -5 /41MC111 PARENT COMPANY(IF DIFFERENT) NAME OVERFLOW STREET ADDR S _ I FLOOR,ROOM ROUTING r!7 r f / c A t( BOX NUMBER/ROUTING STREET ADDRESS CITY -^^ STATE ZIP CITY STATE ZIP MONTHLY RATE SERVICE Xerox Product(Ser.#if in place) CHARGE* Purchase Option Amount(Required to XLA only)$ Xerox ,T Xerox - tit'�� A t i/'I/ List Price $ Xerox Discounts(XTI,CTI,OTP) ( ) (START HERE FOR Net Equipment Price $ , SALE RANGE ORDERS) Xerox ' Less:Dawn Payment ( ) Xerox Amount Financed $ Xerox Monthly Payment(Before Service) $ Xerox Total Service Charges $ Xerox Total Monthly Payment $ *USE COMMERCIAL SERVICE DOLLAR COMPONENT FOR FLAT RATE EXTENDED WARRANTY LESS THAN CONTRACT LENGTH: EXCEPT FOR K-16(USE STATE/LOCAL CATALOG) (EXTENDED SERVICE WARRANTY AMENDMENT REQUIRED) CLUSTER ID NUMBER OF MONTHS FLAT RATE AMOUNT$ SALE RANGE INFORMATION WORKSHEET SALE RANGE INFORMATION BILL CODE/MI WORKSHEET# TRADE-IN INFORMATION: #1 *2 #3 1 EXISTING S/N XEEP NO CONT BAL FSMA Y/N QTD AMT INSTALL DATE I DISCOUNT INFORMATION: ADDITIONAL WARRANTY MONTHS (+ STD WARRANTY = TOTAL WARRANTY ) DELIVERY WAIVED(Y/N) OTHER DISCOUNTS: DESCRIPTION VALUE EXCEPTION HQ PROMOS i FINANCE INFORMATION: STD RT TERM LEASE ONLY: REFINANCING(Y/N) QTD RT PURCH OPT AMT DOWN PAYMENT i i TERM(IN MONTHS) SERVICE AMT EXTRA FIN AMT "REPAID MONTHS FPROPERTY TAX(Y/N) so�Ss 17/l/90) LEASE WORKSHEET/SALE RANGE PRICING WORKSHEET - • ,ORDER NUMBER CUSTOMER NUMBER r ACCOUNTS PAYABLE CONTACT NAME/PHONE CONTACT FOR METER READ NAME/PHONE BILL TO CUSTOMER NAME INSTALLED AT,CUSTOMER NAME PARENT COMPANY IF DIFFERENT) - - NAME OVERFLOW STREET ADDRESS � i FLOOR,ROOM ROUTING BOX NUMBER/ROUTING STREET ADDRESS CITY - STATE ZIP CITY STATE ZIP System County Installment Purchase Number Qty. Xerox Product(Ser.#if in place) List Price Total List$ Less Deductions Net Price B. Total Net Opt.To Purch. Trade-In Other Price C. Cash Down Xerox _ f,.' .} �. Payment f Xerox f j i'6r i j'{ �F:! - D. Cash Price (Principal Balance Xerox -S : v 4 [eC]) a E. Finance I Xerox Charge or . ( Interest r Xerox at q F. Time Balance Xerox (D+E) G.Time Sale Xerox Price(C+F) Meters Xerox rMonthly Installments Orderr Agreement e Of $ 1 2 Addendum(s) 3 4 B.Totals _ ~ Total Net Rice ( xclusive of Sales/Use Tax Placement r-� Maintenance and Su Char sl Complete This Section For Lease: Term of Agreement(Check One Plan) ❑ 24 Month L'1 36 Month ❑ 48 Month ❑ 60 Month ❑ Other Total Monthly Minimum Lease Payment $ ' Description of Maintenance Componet Included in Total Monthly Lease Payment (Exclusive of Sales/Use Tax and Placement Charges) - G Copy Charges will be billed separately in accordance with the Maintenance Price List Indicated Purchase Option Amount: $ Copy Allowance Copy Charge xf Billing Cycle Bill Code/Meter M.S.C. ODI I Bid No. IH/WI- Maint Bill Code XNAC Code S/W Maint.Bill Code S/W WARR.Network Workstation ID M.R.C. Link CN-Inv Grp SO IMI Code GRP GS Cont.Type Hardware Price Plan Description: Initial Term: Billing Cycle: Contract Number: Software Price Plan Description: Initial Term: Billing Cycle: Contract Number: Gov't.Firm Contract Option❑ Gov't.Fiscal Year Option❑ Gov't.Fiscal Year Begins: Z Z K- 12 Summer Option Existing Equipment(List Serial Numbers) Prepocked supplies fll be shipped and biped to the Customer for certain equipment as designated on the referenced Price List, Code Mo.Closed Code Mo.Closed Code Mo.Closed Does thisOmer include prevacked supplies not included 11 No 11 Yes 3 Not Closed 4 June&July 5 July&August in the Equipment purchase price? 6 June 7 July 8 Aug Customer agrees to accept and pay for the Initials ❑No❑Yes prepackeo supplies. Customer Requires Purchase Order Number: ❑ No ❑ Yes Customer can request removal,or return of billable prepacked supplies and Geo. State County City receive full credit. ADDITIONAL SUPPLIES Customer Purchase Order Numbers: P.O.to Date Codes QTY. REORDER# SUPPLY ITEM UNIT PRICE Equipment: Tax Exempt❑No ❑Yes(Attach Exemption Certificate) Maintenance: Placement Charge Applicable ❑ Yes [INo Total Warranty Months(For Purchase Only) Supply: Total Prepaid Months _ Xerox Supply Contract o: Price Plan Conversion Effective Date or Earliest Customer Acceptance Date: - 4 - :-'� Master Purchase Agreement++: T/R Rep Dir Ship Omer Dist Data Unit Con Ov ' Qver Data Unit ?' Inst Employee No ICW '� Mutlsite Install Det ., 171 Yes El E)Yes ElNo - It exempt, attach exemption certificate and ✓ ❑ Ail. ❑ Rental Only, O Supplies Only O Other (Explain) Promotion Name(If Applicable) Tax State County City I Taz PT&D I P&A I Other I Rent I Sale Codes overrdes SPACE&ELECTRICAL DISCUSSED WITH,AND UNDERSTOOD BY CUSTOMER? ❑YES❑ NO Financed Contract Number SPACE/TABLE AVAILABLE? ❑YES❑ NO IF NO,WHEN? RECEPTACLE READY? ❑YES❑ NO IF NO,WHEN? SALES REP WALKED DELIVERY PATH?❑ YES❑ NO gj _ _ _ _ _ _ _ A.M. A.M. Sales Rep Emp.> Sales Rep Phone/Ext DELIVERY HOURS P.M. P.M. DELIVERY DOCK AVAILABLE? [11YES[:1 NO SMALLEST DOOR WIDTH(IF LESS THAN 30"): INCHES ELEVATOR REQUIRED? ❑ YES❑ NO STAIRCRAWLER REQUIRED? ❑YES❑NO #OF STEPS_ #OF LANDINGS— FA s Rep Order i ' ,�` •'_ SPECIAL INSTRUCTIONS: nowledgement ' - - Comments: Order Date Delivery Contact Phone Ext. Site Cleared ❑ Yes ❑ No Form 50185(7/1/90) INTERNAL ... . ...- TERM LEASE TERMS AND CONDITIONS .iuiyi, 1990 11 Thz following Terms and Conditions relating to Term Lea a in addition to the General Terms and Conditions ined on the reverse side of the Customer's copy of the Order Agreement. 1. .AGREEMENT •' `- �` - .1 = 9. EXPIRATION R/ ENEWAL - TermLeaseisaleaseofEquipment,Accessories or Upgrades('Equipment).Themonthlyminimum ..A.Upon expiration of this Agreement,or upon demand by Xerox pursuant to Paragraph payment is composed of charges for the Equipment and,as more fully described in Paragraph 14 below,the Customer shall return to Xerox all Equipment and any related Software 5 of the General Terms Et Conditions,charges for Maintenance Services for the Equipment during licensed by Xerox in the same condition as when delivered to the Customer(reasonable the term of the lease.The applicable minimum monthly lease payment and the length of this wear and tear excepted). Placement and Removal charges will be paid by Xerox, Agreement are set forth on the front of the Order Agreement.The maintenance charges(including exclusive of Excess Rigging Charges,which Xerox will bill to the Customer. copy or similar charges if applicable) are defined in the Price List(s) as the Term Lease Maintenance Component " B.When all obligations set forth in Paragraph 5 are satisfied,the Customer may renew this • „, ,. ; ,` " _ Agreement for one additional lease period of 12 months at the same price and on the 1 - _ ' same terms and conditions.The Customer must give Xerox written notice of renewal at 2. STATUS OF EQUIPMENT _ :, least 30 days before expiration of the term of this Agreement. A. The Equipment to be leased-under this Agreement will be newly manufactured,rem.n.- _ - factured,in-place,or previously installed,as identified on the applicable Price List.The definitions 10. EQUIPMENT ADD-ONS of the foregoing terms are set forth below. A. By executing an Equipment Add-On Amendment,the Customer may add to the lease subse- B. Newly Manufactured Equipment means newly assembled equipment which contains .quentTerm Leases of Upgrades and Accessories(hereafterreferredtoas-Subsequent Leases'). someused or reprocessed components that meet new component test standards,and ".:All terms and conditions of the lease shall apply to Subsequent Leases (including the comply with product performance and reliabilty specifications. reservation of a purchase money security interest in Subsequent Lease equipment.)Equipment C. Remanufactured Equipment is equipment which has been disassembled to a predetermined previously leased shall be security for Subsequent Leases until all of the Customer's obligations standard established by Xerox with defective components being replaced by new,reprocessed, _ under the previous lease are satisfied. J or used components.Before being inspected and tested to newly manufactured machine test B.The number of lease payments under a Subsequent Lease shall be the same as the standards, the Equipment will be cleaned and refinished and all retrofits deemed by Xerox number of payments then remaining under the lease. If the Customer renews this as field mandatory will be installed. Agreement,exercises its purchase option,or terminates this Agreement by purchase of ,I D. In-place Equipment is equipment installed on the Customer's premises pursuant to a Xerox the Equipment,the Customer shall be deemed to have taken the same action as to any Order Agreement for Equipment Services at the time of execution of this Xerox Order Upgrade or Accessory.When Upgrades or Accessories are added to this Agreement,each Agreement. subsequent payment shall be allocated so that an amount equal to the original payment is E. Previously Installed Equipment is defined in the applicable Price Lists. applied to the original Equipment and an amount equal to the increase is applied to the j additional Upgrades or Accessories. v 3. CUSTOMER REPRESENTATIONS 11. DISCLAIMER OF WARRANTY UPON EXERCISE OF PURCHASE OPTION The Customer represents that the person signing this Order Agreement on behalf of the Customer ..EQUIPMENT PURCHASED BY CUSTOMER PURSUANT TO PARAGRAPH 8 ABOVE IS SOLD 1 is a duly authorized representative,partner,or proprietor of the Customer and has the authority "AS IS" AND "WHERE IS". XEROX MAKES NO WARRANTY, EITHER EXPRESS OR to execute this Order Agreement on the Customer's behalf.The Customer also represents that 'IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, the Equipment is not being leased primarily for personal,household,or family use. CONDITION OF EQUIPMENT OR ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4. ABSOLUTE OBLIGATION 12.ASSIGNMENT The Customer's obligation to pay all sums due is absolute and unconditional.The Customer cannot terminate this Agreement before the end of its term except as provided below. ' Xerox may assign this Agreement or the Equipment,in whole or in part,to a parent or subsidiary of Xerox,or to a person or entity for the purposes of securitizing a pool of assets,without notice to or the consent of the Customer.An assignment by Xerox to 5. INVOICING AND PRICE INCREASES parties other than above will require the consent of the Customer. In the event of an A. During the term of this Agreement.the Customer shall pay as minimum lease payments the assignment, Xerox shall remain primarily obligated for its performance under this number and amount of monthly installments shown on the Term Lease section of the Order Agreement,including the provision of Maintenance Services.Any claim or defense that Agreement.The first payment shall be due 30 days after the Installation Date.Subsequent the customer may have will be asserted against Xerox,and not against any assignee. payments shall be due on the same day of each subsequent month.Xerox will send to the Customer monthly payment reminders,but delay or failure to send such reminders shall not 13. REMEDY excuse late payments.(The Customer may receive separate monthly payment reminders for The remedies are as described in Paragraph 5C of the General Terms and Conditions,unless the each item of Equipment,the sum of which will equal the monthly minimum lease payment shown on the Term Lease section of the Order Agreement.)Customer shall not be responsible Equipment is an Engineering and Graphic Products Mainframe.I this case,if Xerox determines that a replacement unit for the same product is no longer available.Xerox may discharge its obli- for personal property taxes on the Equipment. gations under this Paragraph by making payment to the Customer equal to the Trade-in value B. Meter or similar charges are prorated if the Equipment is installed for less than the full allow- based on the original List Price or Current List Price of such Equipment,whichever is greater. ance period. C.Xerox may increase the Maintenance Component of the minimum monthly lease 14. DEFAULT payment (including meter or similar charges and/or copy allowance, if any)without If the Customer does not make timely payment of amounts due under this Agreement or breaches prior notice effective upon expiration of the current governmental Price List (for any term or condition of this Agreement,Xerox may declare immediately due and payable the Customers receiving governmental pricing)and one year after the Installation Date for entire amount of unpaid minimum monthly lease payments,plus all other amounts due hereunder other Customers,and at the end of every twelfth month thereafter,unless otherwise (including the Purchase Option Price),less any unearned charges.Xerox may also exercise all rights agreed by Xerox and Customer. This increase shall not exceed ten (10) percent. and remedies of a secured party under the Uniform Commercial Code(or other similar law)of the state where Equipment is located.and pursue any other remedies existing at law or in equity. 6. TITLE/SECURITY INTEREST/RISK OF LOSS A. The Equipment.or any Identical Replacement,if required,is and shall remain the exclusive 15. GOVERNMENT AGENCY FUNDING,INCOME TAX INDEMNITY,AND property of Xerox or Xerox'assignee until the Customer exercises the option to purchase. TRANSFERABILITY B. The Customer grants to Xerox a purchase money security interest in the Equipment and all A. THIS PARAGRAPH 151N ITS ENTIRETY IS APPLICABLE ONLY TO CUSTOMERS WHICH additions and/or replacements to the Equipment to secure payments due under this Agree- ARE A PART OF A STATE GOVERNMENT OR POLITICAL SUBDIVISION. ment.The Customer agrees to promptly execute those documents that Xerox deems rea- B. FUNDING:The Customer states that it is its intent to make all installment payments required sonably necessary to protect its security interest.If the Customer fails to do so.Xerox shall to be made under this Agreement.however,in the event,through no action initiated by the have the right to sign such documents on the Customer's behalf.Xerox'security interest shall Customer. its legislative body does not appropriate funds for the continuation of this terminate when the Customer exercises the option to purchase.When such information is not Agreement for any fiscal year after the first fiscal year and it has no funds to continue this available from public sources.the Customer shall,upon Xerox'request,furnish a copy of the Agreement from other sources.this Agreement may be terminated.To effect the termination Customer's latest audited fiscal year-end financial statement. of this Agreement,the Customer shall,thirty days prior to the beginning of the fiscal year C. Xerox may conspicuously mark Equipment to identify its security interest,and the Customer for which its legislative body does not appropriate funds.send Xerox written notice stating shall place no conflicting mark or permit the Xerox mark to be removed. that its legislative body failed to appropriate funds.Such notice shall be accompanied by the payment of all sums then owed Xerox under this Agreement and the Customer shall return D. From the date that the Equipment is delivered to the Installed-at Address.the Customer shall to Xerox,at the Customer's expense,the Equipment in good condition to a location designated have all the risk of loss or damage to the Equipment arising from the Customer's fault or from by Xerox.The Customer agrees to pay for all copy usage made on the equipment prior to theft or disappearance of the Equipment. Xerox shall have risk of loss or damage to theits removal.Thereupon,the Customer will be released from its obligations to make all further Equipment from all other causes. lease payments to Xerox.In addition,the Customer must certify in the foregoing notice that the canceled Equipment is not being replaced by equipment performing functions similar to those performed by the Equipment during the next ensuing fiscal year.Prior to electing to 7. COMMENCEMENT/ACCEPTANCE return the Equipment to Xerox.the Customer shall make a reasonable effort to find a viable The term of this Agreement shall commence on the Equipment Installation Date.This Agreement assignee within the Customer's general organization that can continue this Agreement,and is binding only after credit approval has been established.Delivery of the Equipment does not advise Xerox of the results so that Xerox may process the necessary documents if the constitute acceptance. Customer is successful in finding such an assignee.In the event the Customer must return any Equipment pursuant to the terms of this paragraph,Xerox shall retain all sums paid under this Agreement by the Customer. 8. PURCHASE OPTIONS A. AT EXPIRATION:Provided that the Customer is not in breach,the Customer may purchase C. INCOME TAX INDEMNITY:This Agreement has been accepted on the basis that Xerox the Equipment on expiration of the Agreement or at any time during the renewal thereof at or any Assignee of Xerox shall claim that interest paid hereunder is exempt from the Purchase Option Price set forth in the Term Lease section of this Order Agreement,together federal income tax under Section 103(c)of the Internal Revenue Code of 1986.Should with any applicable taxes.The Customer must give Xerox written notice of its intention to the United States Government disallow,eliminate,reduce, recapture,or disqualify,in exercise the purchase option at least 30 days before expiration of the lease term. whole or in part,any benefits of such exemption as a result of any acts or omissions by B. PRIOR TO EXPIRATION: During the term of the Agreement, and provided that the the Customer or as a result of the inapplicability of such section at the time this - Customer is not in breach,the Customer may,upon 15 days'prior written notice to Xerox, Agreement is accepted because of the status of the Customer,then subject to the purchase the Equipment by paying all minimum monthly lease payments due for the appropriation of funds by Customer's legislative body,Customer shall then indemnify remainder of this Agreement(less any unearned charges,such as finance or maintenance Xerox by payment to Xerox, at Xerox' election, of either(a) supplemental monthly charged,plus the Purchase Option Price,together with any applicable taxes.When such payments during the remaining period of this Agreement or(b)a lump sum payable amounts are fully paid, this Agreement will terminate and title to the Equipment will upon demand by Xerox.Such supplemental monthly or lump sum payment shall be in transfer to the Customer.An early termination schedule setting forth the unpaid minimum an amount necessary to permit Xerox to receive(on an after tax basis over the full term - monthly lease payments will be given to the Customer upon request.The Purchase Option of this Agreement)the same rate of return that Xerox would have realized had there not amount may be financed if Customer chooses to finance the replacement equipment with been a loss or disallowance of such benefits,together with the amount of any interest Xerox. or penalty which may be assessed by the governmental authority with respect to such loss or disallowance. D. TRANSFERABILITY:Notwithstanding any different provision in the applicable terms and conditions,Xerox Corporation may not sell,assign,or otherwise transfer this Agreement and any attempted sale,assignment,or transfer shall be void and without effect. ,. ....+.� ...it x-C- ":ti TIS. . G:{k 3 y�'•*'n k"�' 4&.• . .. ! ORA ICACC .>sx,-.:.3.,F„Y". . .._. i Ati'M i This X rox Order Agreement covers transaction(s)checked below and incorporates the General Terms and Conditions attached hereto and other Terms and Conditions referenced below. ❑Egrupment Purchase :E]installment Purchase :'Y. Term Lease 9quipmerit Services' El Software License '❑Yes Maintenance' No 1:1 No❑ El Financed Equipment Confi uration Chane `❑Maintenarice Onl BILL TO CUSTOMER NAMEG INSTALLED AT,CUSTOMER NAME / G' l ` G • �! PARENT COMPANY(IFDIFFERENT) . NAME OVERFLOW 1e F STREET ADDRESS FLOOR,ROOM ROUTING BOX NUMBER/ROUTING STREET ADDRESS CITY •� STATEZIP O / _ CITY - STATE ZIP — Equipment Order In/formation ),,dTt; '�xy ,y°p .z'r�w ` r 17` A aa.;._ rge "b t"�, y"yA'x r{I('• ,*' � "sFzy.'" ` i r � �) � ?c f � aka...a (sax �?r� R .f�0."k „5.1 ':G. �+.h..,�......_. 4�.c,x.,.. a_,P,,.a. td4;t..;,.F'.z� dr .... ,.._gar.,.. ... City. Xerox Product(Ser.#if in place) ,List Price -%Total List$ Less Deductions :'Net Price B. Total Net Opt.To Punch. Trade-In Other Price Xerox Ln C.Cash ��/ j.- - Payment _ D. Cash Price Xerox (Principal ' ( �� /� IBaalance Xerox [B-C]) E. Finance Xerox Charge or i Interest Xerox at % F. Time Balance Xerox (D+E) G.Time Sale Xerox Price(C+F) Meters Xerox _ Monthly Installments nom c � Order Agreement Of$ 1 2 Addendum s Total Net Price (Exclusive of 3 q B.Totals 4N Sales/Use Tax Placement, i Maintenance and $u Iy Charges) '�`�`' - - t• - Term of Agreement(Check One Plan) ❑ 24 Month 36 Month ❑ 48 Month ❑ 60 Month El Other Total Monthly Minimum Lease Payment $ f ! Ov Description of Maintenance Componet�wed in Total Monthly Lease Payment (Exclusive of Sales/Use Tax and Placement Charges) �� Copy Charges will be billed separately in accordance with the Maintenance Price List Indicated Purchase Option Amount: $ (�7 � �y _�J ng y� 2!F Copy Allowance Charge �_ Billing C The interest payable for State/Local Government Installment Purchase or Term Lease subject to this order is $ Ry8.&W (for Term Lease this assumes the option to purchase is exercised at end of lease period) at a rate of 119 •S % K-12 Summer Option Hardware Price Plan Description'. Initial Term: `"Billing Cycle: Contract Number. Software Price Plan Description: Initial Term: Billing Cycle: "Contract Number Gov't Firm Contract Option❑ Gov't.Fiscal Year Option❑ Gov't.Fiscal Year Begins K=12 Summer Option Existing Equipment(List Serial Numbers) Prepacxed 5.ppies M,be shippeq and blI en tp the Cuswmer to,Certain PURCHASE ORDER/CONTRACT INFORMATION: --_ctu,p—t as desgnated on the referenced Price List. i Does this Order include wepacked supplies not induced ❑No❑Yes (Purchase Order References are for Billing Purposes Only) in the Equipment purchase price? Customer agrees to accept and pay for the Initials ❑No❑Yes prepacked supplies. Customer Requires Purchase Order Number. ❑ No ❑ Yes Customer can request removal,or return of billable prepacked supplies and receive full credit. ADDITIONAL SUPPLIES Customer Purchase Order Numbers: CITY. REORDER# SUPPLY ITEM UNIT PRICE Equipment: Tax Exempt No 11Yes(Attach Exemptic Certificate) Maintenance: Placement urge Applicable ❑ Yes No Total Warranty Months(For Purchase Only) Supply: Total Prepaid Months Xerox Supply Contract#: Earliest Customer Acceptance Date: -� Master Purchase Agreement#: CUSTOMER MUST INITIAL TO ACKNOWLEDGE RECEIPT OF XEROX PRICE LIST,ALL PAGES AS IDENTIFIED,TERMS AND CONDITIONS AND OTHER DOCUMENTS DESIGNATED BELOW: Dated Initials Dated Initials Dated Initials Xerox Price List++ Maintenance Services Terms and Conditions 7 1/ Other: # Term Lease Terms and Conditions 7/1/ Other: Maintenance Price List# Equipment Services Terms and Conditions 7/1 90 '/- �y,.� ,.:.. ... .. - - . .: . ..., ..7 , 77 Gov't.Contract/Price List# (�� GCl � Software .TTtrv?tdCcrf1�' Financed Contract Number Xerox Order Agreement Addendum(s) 7/11/96 Equipment in �andnditions95Equipment Purchase Terms and Conditions 7/1/90 Extended Service( end nt Sales Rep Emp.r Installment Purchase Terms and Conditions 7/l/ 90 Negot" Tr'I �/ Customer: Lad ° Sales Rep Order .f 13��(P,Jgase Print) - - .- - Acknowledgement - Xerox Corporation 4 tgn ure k ! Signature - - Accepted For Xerox .- Title K DateX Title Date Delivery Contact Phone Ext. Site Cleared ❑ Yes ❑ No Form 50185(7/1/90) XEROX (SEE REVERSE SIDE FOR GENERAL TERMS AND CONDITIONS)X—ql-7i I ` f OROX LEASE WORKSHEET OFECTIVE 7-1-90,DISCARD ALL OTHER ISSUES. *NOTE:Lease Factors Are Pricing Factors.No Reference To An Implied Finance Rate And No Information On This Worksheet Should Be Disclosed. BILL TO CUSTOMER NAME 6 INSTALLED AT,CUSTOMER NAME PARENT COMPANY(IFDfFFERENT) NAME OVERFLOW / /<'r STREET ADDRESS FLOOR,ROOM ROUTING 'LLBOX NUMBER/ROUTING STREET ADDRESS CITY STATE ZIP CITY STATE ZIP MONTHLY RATE % SERVICE Xerox Product(Ser.#if in Place) CHARGE* Purchase Option Amount(Required to XLA only)$ Xerox d%) ''e' 7 7 •a Xerox �•'� i� /; List Price $ Xerox j' X7� Discounts(XTI,CTI,OTP) (START HERE FOR Net Equipment Price $ , SALE RANGE ORDERS) Xerox Less:Down Payment Xerox Amount Financed $ Xerox Monthly Payment(Before Service) $ Xerox Total Service Charges $ Xerox Total Monthly Payment $ *USE COMMERCIAL SERVICE DOLLAR COMPONENT FOR FLAT RATE EXTENDED WARRANTY LESS THAN CONTRACT LENGTH: EXCEPT FOR K-16(USE STATE/LOCAL CATALOG) (EXTENDED SERVICE WARRANTY AMENDMENT REQUIRED) CLUSTER ID NUMBER OF MONTHS FLAT RATE AMOUNT$ SALE RANGE INFORMATION WORKSHEET SALE RANGE INFORMATION BILL CODE/MI WORKSHEET# TRADE-IN INFORMATION: #1 #2 #3 EXISTING S/N XEEP NO CONT BAL FSMA Y/N QTD AMT INSTALL DATE DISCOUNT INFORMATION: ADDITIONAL WARRANTY MONTHS (+ STD WARRANTY = TOTAL WARRANTY ) DELIVERY WAIVED(Y/N) OTHER DISCOUNTS: I DESCRIPTION VALUE I EXCEPTION HQ PROMOS 1 I FINANCE INFORMATION: STD RT TERM LEASE ONLY: REFINANCING(Y/N) QTD RT PURCH OPT AMT DOWN PAYMENT TERM(IN MONTHS) SERVICE AMT EXTRA FIN AMT II FPREP41D MONTHS PROPERTY TAX(YPROPERTY TAX N)� r I CACG \A/(1D1(CLJGCT/CAI C DAAI!_C DDI!`IAI!_ IA//1D1l0IJC CT -