HomeMy WebLinkAboutCanon Business Solutions, Inc - Rec CenterRESOLUTION 2011-207
ADOPTED
DOC ID: 6694
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-207 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 1, 2011:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Acquisition Agreement Lease or Purchase
between the Town of Southold and Canon Business Solutions~ Inc., in connection with the
lease of one (1) Canon IR-3225 copy machine for use by the Recreation Center at a monthly cost
of $185.00 for a period of forty-eight (48) months from the date of installation, subject to the
approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
A f Proposal for
Town of Southold
Current Equipment and Contract
Current Volume Average
Location Model Serial Number Monthly Included Monthly
Payment Volume
Recreation Canon IR227 SLH33890 $201.59 4,000 1,800
March 2011
C a nor
IR3225
Digital Copier
25 Pages Per Minute
Automatic Document Feeder
1,100 Sheet Paper Supply
Stapler Finisher
Network Printing
Color Universal Send Scanning
Automatic Duplexing
ehve~ Installation and TraIn ng on New Machine
Termination of Current Lease
Pickup and RemOval of Current Canon IR2270 (Serial # SLH33890)
48 Month
Model Accessories Included
Lease
Document Feeder, Stapler Finisher,
IR3225 Cabinet, Network Printing and $185.00
Color Scanning
Service: Includes All Parts, Labor and Toner for 3,500 copies per month
Quarterly Overage At $.0141
1/7/2011
CANON BUSINESS SOLUTIONS
Canon Business SoFutions, Inc. ('CBS')
4 Ohio Drive, Lake Success, NY 11042
(800) 61:3-2228
ACQUISITION AGREEMENT LEA~E OR PURCI. IA~I;r
# S0016044
Salesoerson: Craig V Tardo , Order Date: 02/10/2011
below or tn any addendum(s) to this Agreement from the Leasing Company identified below, at the §xed padedic lease payments
indicated below or in any addendum(s) to this Agreement and for the fixed term specified in the lease agreement between you and the Leasing Company. Delivery to
you of the items spedfied is contingent on you signing a lease agreement with the Leasing Company.
[] Canon Financial Services, [nc. [] Other (Name of Leasing Company: ,,,
[] You agree to pumhase the items listed below or in any addendum(s) to this Agreement, for the purchase price specified.
The 'bill to' for the items listed is the Leasing Company or you, depending on which box is checked above.
i
2537B003 IMAGERUNNER 3225 I 185.00
2538B002 DADF-U1
I Included
9669A003 CABINET-P1 1 Included
2912B002 COLOR UNIVERSAL SEND & PCL PRINT PACKAGE-D1 I included
9563A001 FINISHER-S1 1 Included
0287V~75~ ' , , ....
DIGITAL QC 120/15 NETWORK POWER FILTER 1 Included
1023V284 BLACK & WHITE LOW VOLUME INSTALL PAK (IR 20-... I Included
IntSupplies Pre-install supplies installed in machine 1 Included
Nel: 30 ,O. Required Subtotal $185.00 '
Lease P.O.# '" '
, Dellvery/!nstall $0.00
[--I Other r~ ' ' '
Tax
Exempt
[] Credit Card ...... ..
[] Visa [] Mastercard [] American Express (Att~c-h C~lffieata) Tota~ $185.00
CC~ ~ , Exp. Dam: [] Customer Declines Deposit $0.00
Sh~
[]Yes [].o
BY YOUR $1GNATOREBELOW. YOU AG ' '
AGREEMENT. YOU ACKNOWLEDGE RECEIPT I CONSISTING OF TWO PAGES INCLUDING THIS FACE PAGE. THE
.ER rO ARE ..COR.OF T D A.D .ART OF T ,B
ADDITIONAL TERMS AND CONDITIONS
T~ase m'a the additional to~ and com]ittoos referred to on the face page
which they are attached. Such face page and addendum(s), co4lectivaly
these torres amd conditions, the '.~nt."
/~greement. If paymeflts a~e late, (~ you shall pay the actual a~l reasona~e
attomey*a fees permitted by law a~d (ii) CBS may charge YOU am:l you agree to
pay, a late charge equat to the highe~ of fi~e peros~ (5%) of the amoc~t due or
shall ~ into a lease agreement with the Leasing Company 13em~Jif~.
~ taxes on monthly rentals if applicable, even if no~ specified itl this
CBS' rates for a~y special dgging for deliver/ and imtallafien when CBS
(d) CBS resen~es the right to .,..~Mtold shipment of the Listed Itoms (i)
tmli4 you make futl payme~ of the t~al pdce specified ~ this AGessme~ or to
~ CBS dle~owm'~ any mi~mk~ in pricing or ~qutpfnont
with respas~ to ajay LJ~t~d it~m(~), CBS r~v~ the ~gh~ to noit{Y YOu of Ibe
~. UMIll~D WAffi~J~TY. For ~ (90) d~ ~ Ibe date of Ihe
m~d v,,~)~kmmml~. Wcn. a~y claims muat be m~le in wflth~ by you to C~,~ ne
laS~ then ~ve (S) bush~e~ days at~' tbe avplratton ef the v, mrar~ I~dod-
CBS' obllgeUm~ under Ibis w~rranty are limited solaly to r~sir or rapta(m~of
(at CBS' sota e~,~Sk~) ef Such par'ts os are provm~ to be dofes~'e uPm~ C~'S'
a r~uit of ina~equ~e operation of the Us'ted Items (e.g., CBS tochn~am is
di~me~bed to ree~y a prd~m de~'ibed in the operetor maoual). (b) m~im
at~om~y frequent ae,-~ c~is m* sen,ios probtoms, Ok~ s~ac~ P~'~n~l
by 10~smm~ ~ ~ CBS s~*we technku~, (*w) Ivampodmle~ ofit~
Equigme~,, (v) aosident or casuatly, and (vi) alectricat pow~ maifug~c~,len m'
hemlk~g, osekng or humidity m'~d ambient conditions, or (c) reqnalattati~t of Ih~
W.N~d~TY CONT.~dNED IN TH~S AGREEMENT DOE8 NOT A~d.J RE
UNINTERRUPTED OPERATION AND USE OF THE LISTED ITEMS. CBS
~ UPON REQUEST, FURNISH TO YOU WITHOUT RECOUR~ ANY
~ U~I~ WANRANTII=S MA[~ BY THE MANUFACTURER OF THE
LI~TED ~ OR ANY NON-CAd~J BRANO EQUIPMENT. CI~
MAKES NO WAI~RANTY, EXPf~E~S OR IMPUED, INCLUDING IMPLIED
W~NRRANTIE$ OF MERCHANTABlUTY AND FITNE~ FO~ A PARTICULA.R
P~OSE, Wt'TH RESPECT TO LI~TED ~OFTWA,RE OR WITH RE~CT
TO NON-CANON BRANO EQUIPMENT. OTHER THAN A~ ~ET FO~TH
TH~ pAP.,N~4PH 2, CB~ EXP~LY DISCI.^IM$ AND EXCLUDES ANY
AJ~) AJ.L WARRANTIES. EXPRE~8 OR IMPLIED, INCLUDING IMPLIED
W.N~RANTIF~ OF MERCHANTAB4LITY AND FITNE~ FOR A p~TICULAR
PURPOSE RELATING TO THE U~E OR PERFORIvI~J~CE OF THE us'rED
$. DATA. You ac~rto~todge that the hard drive on the Equipment may m~ai~
images, content or other data du~ng no,mat operation of the Equipment
('Data") and that exposure or access to the Data by CBS, if a~y, is purely
incidental to the se~,ices pedormed by CBS. Neither CBS nor any of thek
affiliates has an o~igation to erase or ove~,~e Data upon YOL~ return of the
Equipment to CBS or any leasing company. You are solely responsible to~ (i)
y<xg compliance ~th applicabto law and legal requimmento pertain, rig to ~ata
~1 S~1 r~ a~ protection; and (ii) all dectoio~ ralated to
ef-osing or oven~riti~g Data. W'dhout limiting ~,e foregoing. You sh<~ld, [ndef to
return or other dispe~tion of the Equipment. utilize the Hard Disk Drive (HO0}
(or comparabto) formatting functleA (which may be refe~ed to as 'initialized
Oata/Seffings' fu~ct~3n) found on the Equipment to pa~mm a one pass
ovewatta of Data or, if you have higher security requiremenle, You may
purchase from CBS at current rates an available option f(N' the Equipment,
v~ch may include (a) an HDD Data En(:qpl)Uou Kit op~m which disguises
Ioformation befora it is vattten to the hard drive using enoryp~ton algorithms, (b)
I HDD Data Erase Kit that caf1 parfonll up to a 3-paos ove~fite of Data or (¢)
a replacement herd cldve (in which case You should property deefmy the
replaced hard drive).
4. SECURITY. As secunty for the payment of all amoun~ due to CBS, you
hereby grant to C8S a security interest iff the Listed Items. To the extent
pam~itted by appltoat)to law, you bem~ authorize C8S to file ~th the
appropriate governmental authorities any and all financing atatomento
necessap/to avis'ence or perfect CBS' secu~'y interast in the Listed Itom$.
i. WARRANTY OF BUBINEIB PURPOSL You represent and wamant that
that the Equipment Mil not be used for personal, family or househedd p~rposos.
6. UMITATION OF UABlUTY. CBS SHALL NOT BE LLA. BLE FOR
PERSONAL INJURY OR pROPERTY DAMAGE UNLESS CAUSED BY CBS'
NEGLIGENCE OR WILLFUL MISCONDUCT. CBS SHALL NOT BE LIABLE
FOR LOSS OF pROFIT OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE THE LISTED ITEMS, REGARDLEBS OF ~ LEGAL
THEORY ON WHICH THE CLA/M IS BASED AND EVEN IF CBS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
?. CHOICE OF LAW AND FORUM. THIS AGREEMENT SHALL BE
GOVERNED SY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF
THE STATE OF NEW YORK. YOU CONSENT TO THE EXCLUSIVE
JURISDICTION AND VENUE OF ANY STATE OR FEDERAL CC~JRT
LOCATED WITHIN THE CITY OF NEW YORK UPON SERVlCE OF
PROCESS MADE IN ACCORDANCE WTTH THE APPUCABLE STATUTES
AND RULES OF THE STATE OF NEVV YORK OR THE UNITED STATES.
ANY AND ALL SUITS COMMENCED BY YOU AGAINST CBS, WHETHER
OR NOT APJSING UNDER THIS AGREEMENT AND REGARDLESS OF THE
LEGAL THEORY UPON WHICH SUCH SUITS ARE ~D, SHALL BE
BROUGHT ONLY IN THE ~'ATE OR FEDERAL COUfqTS LOCATED
WITHIN THE CITY OF NEW yORK. YOU HEREBY WAIVE O~JECTION~ AS
TO VENUE AND CONVENIENCE OF FORUM. ANY SUIT BEll/VEEN THE
PANTIES HERETO, OTHER THAN ONE SEEKING PAYMENT OF AMOUNTS
DUE HEREUNDER. SHALL BE COMMENCED, IF AT ALL, WITHIN ONE (1)
YEAR OF THE DATE THAT THE CI.AJM ACCRUES. THE pARTIBS
IRREVOCABLY WANE ANY RIGHT TO A JURY TRIAL IN ANY SUIT
BE'I%NEE N THEM.
I. GINIRAL. This Agreenmnt shaft be binding on you upon you~ algnelum
and on CBS upen the delivery of any of Itm I..iMed Itoma.
togeth~- with any related CBS cn~it apldication, comtltulas Itm ~
apeement beNmen the pmlles with respect to the furnishing of the UMed
enlmld into befvmen you and the Leasing CompanY with respect to esY UMed
ami void. No representation or atatemen~ n~ centainod off the edginal of this
~n offlc~ of DES. you may rt<X aeslgn b'~is Ap*esme~ v,q'th~x~ lhe prior wr'~tefl
our, set.< of CBS and any altompted ass~qnment ~,,"thout ~uch cemeflt st~dl be
null and void. You aq~*Isaly ~ ha~ng relied upen any ~ or
B. ILICI'R~NIC ACClPTANCi. You agree b~.al C-,BS maY IoslP(an
lllctroflic image of this Agreement u In mtgklat, and thl{ aleclm~c capias of
your algnatum ~411 be treated as an original for all purposes.
...2
Town of Southold
(~) IR32~5
ACQUISmON AGREEMENT ADDENDUM
WHEREAS, C~on Bu~nes~ Solutions, Inc. ("CBS"}, and ~le above-dem~ib~:l Cu~ome~ ('You') have dMetmined thai it is in
their mutual benefit to ente~ into ~hi~ AcqulnRIo~ Aomemont Add~um ('Addendum') lo the above-dec.bed Acquit#ton Agreement
("Agreement). All oalgtalizsd temm used ba~w ~hat are not der, ned in this Addendum shall have the me~nlngs ~et forth in the
NOW, THEREFORE, for good and valu~le con~tera~on, Intendl~g to be legally bound, the pa~es hereby agree as fo/tows:
Any~ in the Agreement to the con~a~y notwith~ncllng, and sub~ to alJ of ~he ~ and ~ll~or~ set fo~h In this
Addendum, t~e terms and condi0on$ of 0~e Agreen,,e~ sba# be modified as
a. Sec6on l(a): Delete entire se~on
2. It Is expre~ agreed by ~ p~rtle$ that this Addendum Is ~upplemental to the Agmeme~, and ~hat the ~
3. In the event of any conflict or incon~ste~;y be~,~en the provl~on$ o~ ~his Addendum and any Ixovig, on~ of the Agreement,
the pmvf~on$ of Ihi~ Addendum shall In ~11 re~oec~ govern and
IN W~NES$ WHEREOF, the pm'de~ have ca.ed this Addendum ~o be executed on lhe d~te se~ fo~h
Name:
C. uou
CANON BUSINESS SOLUTIONS
Canon Business Solutions, Inc. ("CBS")
4 Ohio Ddve, Lake Success, NY 11042
,613-2228
LEASE UPGRADE. TRADE4N, RETURN OR BUY-OUT
REIMBURSEMENT ADDENDUM TO ACQUISITION
AGREEMENT # s00~8044 (the "AGRI~IIMENT")
=ustomer ("You"):JCustomerAccount: Buy-o, ut Reimbursemen~
,7,ompany: Town of Southold
Address: 53095 Main Road $ . to be paid under the circumstances described in
,3ity: Southold ICounty: SUFFOLK Section 1 below
State: NY [Zip: 11971 IPhone:, , 631.765.1091 Payable to: [~YO" [-] Canon Financial Services, Ir~c.
-~-Mail: Reason for check issuance:
f this transaction includes a lease upqrade or buy-out to be paid uPOn delivery and '"' .ist/he leasing company and lease number assodated with any lease upgrade or buy-out.
· ~:~ance of the Equipment listed on the Agreement, select one of the following:
[] You will return the equipment to the leasing company according to the terms and ClT 910-0070833-000
] CBSwillretumtheequipmenttotheleasingcompanyperSection2below. ,,, , , , , , ,,, ,
] You will retain the equipmerd. Ifso, will the equipment remain underaCBS ....... ~ ......
Maintenance Agreement? [] Yes [] No
[] CBS will pick up the equipment for Trade In.
Please select one Pick Up Information
[] Trade In [] Same Date as Delivery of Listed Items specified on the Agreement.
Please note that any applicable trede~n credit is reflected in the pedodic lease
payments or purchase p~ce as specified in the agreeme~L [] Other Specified Date (complete on chart, below)
[] Return Equipmant to selected Leasin9 Company S~¢iM R~mo¥~l th~truefion$:
[] Canon Financial Services [] CIT
] Return Equipment to CBS. Original Order Date
E-Mall
9534A054 IR2270 SLH338~ 0 --
Y~ have agreed to acquira ~om CBS ce~ain Usted Items pu~suaN h~ lbs ~lfeeme~ c~arsepe~f~ to/his Addefl~Jm, and furlher agrae, by yom' sig~ b~, m ~:
t. If OW ~u¢ Reimbumement Is selected: The Buy-Out Reimbursement ~lica~ed a/x~ve v,,ill be i~d dirac~y t0 ~e d~ paty by CBS u~ installa~n and te~ d/he ListM Items
Isenina[en c~ 0~ feas aud associat~ expe~sas payable f~ (a) easy tamlea~on d ~e lease d ~e Trade.in o~ Return E~t m ~ ~ ~ ~ ~ ~ ~ ~
~tlms unde¢ lbs AgraemenL (b) refieand~g lira lease of clhe~ equipment ac (c) pre~ gf/he ~e fa~ hstalla~m ~ LiMed IMms. yea aduloMedge aud agree Ibet CBS' fleancial oM~
2. I~ Tradedn Eq~lpmeet er Refom fo Lsesfo~l Cempawf le ulseted: yea bereby au/h~'ee CBS lo pick up ~e Trade-In or Rel~m Equipmeat lid-d above, yea agrae t~ pay CBS, removal
(a) yea mprasent It~ CBS will race~ gead ami markelab~e f~e t~ each unil ~ Trade-to E~i~ne~L frae ~ ~ ~ ~ ~ ~ ~ ~ ~ h~, ~) ~ ~1 ~ ~ T~
k~ Equtpmam vVil be delivered to CBS (unless ~ abeve/hat Ibe Irad~in ;~ ea an "As I~' ba~t~) in good ~ ~, ~ ~ ~ ~ ~, ~ (c) ~ ~ ~e
THIS AODEN~)UM SHALL BECOME EFFECTIVE AND mNO~N~ AS PROW0ED ~'~U~AGRA~. I OF ~E ADOITIONAL TERMS AND CONDITION8 OF THE AGREE~..NT. EXCEPT A8
PROVIDED H~REIN THE AGREF~..NT SHALL REMAIN UNCHANGED :~)TI(~..L"I;~ A~ ~T. - /
SLSOC~BO-MAugust2010 CBS
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Canon Financial Services, h~c.
Addendum to Agremaent
for Application 688143
http://matkvicw~usa~an~n~m/mvasvuc~tra~itc/Print.Prcvicw?~id=~972556:~&~typ~=MVD~C&pa~cnt... 3/18/2011
Canon Business Solutions, Inc. ("CBS")
4 Ohio Drive, Lake Success, NY 11042
(800) 613-2228
Service Provider Terms and Conditions
Canon Financial Services ("CFS") Coat Per Copy Agreement
]. TERM. Canon Business Solutions, Inc. ("CBS") shall provide
maiofenance on the Equipment include(] in the CFS Cost Per Copy
Agreement ("CFS Agreement~) for the tanm of the CF$ Agreeme~,
including any applicable renewal term, baginntng on the date of
meaning set forth in the CFS Agrsoment.
2. CHARGES. Base Che,'ges and per Image Charges, including
Images in Excess of Covered Images, shall be invoiced in accerdanne
~ the CFS Agreement.
(a) Toner inclusive Service includes ~clenishmeof of Supplias
spect~ed in the CFS Agreement arid ore for exclusive use ~ the
Equipment. tf Customer's usage of toner exceeds ma~JMcturer
advise CFS to invoice Customer directly for such excess toner,
unused Supplies, ~ shall remain CBS' pmfle~ly a~l shall be
returned promptly upon ten~ination of this Agreement.
(b) If Customor has specified the Fleat Guaranteed C~ pi;m in
the CFS Agreement, the Baso Cherge a~l the Covered Images shaa
app~ to the teat of Equipment, irrespective of the usage of individual
un, ts of Equ~ome~ in the fleet.
(c) Untoss othen~se indicated on the CFS Agreement, Customer
ault',o~es CBS to use the imageWARE Remnte feature of the
Equipment to receive software updates and transmit use arid semice
data accumulated by the Equipment over Customer's netwon~ by
means of an HTTPS protocol arid to store, analyze and uso such data
time diaconnect, ~Ue or deny accsos to this feature, CFS may
incmaso the m~ntldy baso cha;ge to~ such ttsms as tollows; 5%x
(covered im ,,~__ x por image chorge in e~s of covem=l images), to
~, the per image cha~ge in excess nt covered images shall be
inoreaserl by 5%. Tl~e morllhly base charge and the per image ohorge in
excess of covered Images will be insmased for any subsoquen~ billing
(d) Customer agrees to provide me~4er rea~ings to CBS, if
Reading Frequency specified in ~ CFS A~mme~ ami CBS' nom~al
CBS may change Custmner's Meter Methed and/er Meta~ P~eeding
Frequency from time to time upon 60 days nofice. If CBS does no~
receive timely meter readings from Customer, Customer agrees to pay
invoices that rattoct CBS' estimates of mater readings. CBS reserves
the right to verify the accuracy of any n'.mer readings ~ brne to
time. and to advise CFS to make apprup4~me a~jusa~,te to
CUSEmtM'S acco)mt on Customer's next invoice.
~. COVERED ~ERVlCE. CBS shall provide all rout/ne preventive
maintoriance and emeq~ency semice aecessory to keefl the Equipment
in good wonVJAg order in accerdance wi~h this Agreemen~ and CBS'
normat praofice. Such somice shell be performed durthg CBS' kx:aJ
regular business hours (8:30 A.M. to 5:00 P.M. Monday through
Friday, except holidays).
(e) Customer shell afford CBS reasonable access to the
Equipment to perform an-sita service. Cuat~ner ack. noMedges that
CBS may not be atY, e to provide maintenance for Equipment outside of
CBS in ce~nection with maln~nance son4ces hem,.jndor shatl become
the pmflerbj of CBS and Customer disclaims any imorest therein.
(b) CBS shall make available to Cust(x.er, from time to time ancl at
prevatiing prines if any, upgrades and bug lixes for the #Software-
(includthg, the set[w-are licensed as part of the EquiPment and the
application software programs specifkKl in the CFS Agreemant)
as are provided to CBS by the suppliers of the Soif~am. CBS shall
also use reasonabia eif~ts to provide Level I suppor~ on the So~vare.
Leve~ I support co~ststs of providing help-line toiaphone assistance in
operating the So~.ware and identifying sorvice problems, facilitating
co~tact batween Cust(~mer and the supplter of the Software to rectify
such pm~em$ arid maintaining a log of such problems to assist in
tracking the same. Customer acknowledges that CBS is not the
developer of any of the Soft~are and other than the foregoing, CBS
support for the Software is not provided under this Agreement.
Support from the Software devetopers may he included within the
p~ce for the license of application software pmgrems or may be
avallaate under soparetaty priced support contracts, arid in either case
such suplx~t ~ be provided from the Sof~rare davetopers subject to
4. NON-COVERED SERVICE. The fo~o~ng sowicas, and any other
ac~o,m~ance with CBS' then current labor, parts and supply charges: (a)
papor, toner, ink, ,.veste c(mteinets, fuesr oil er steples (except for toner
im:~.~e sense to the extent provided in Sul:kooragraph 2(a) above),
~ media, pdnt heads and puncher dies; (b) repairs n~easitated by
negligence, ~ or misuse of the Equipment; the uso of parts, su~oltss
or software ~ are not supplied by CBS arid which cause abnormally
frequent sew~ce cells or service problems; service ped0rmecl by
~1 other .than CBS personnel; accident; use of the Equipment
~ non~om~.~., hardware or software components; electrical power
.malfunction or heMing, cooling or humidity ambient conditions; (c) de-
installation, re-installatton or ralocatk~ of Equipme~ (other than by
CBS); !d) reflalm to or realignment of Equil~l~m~ and related training,
ne~easiiated by changes you mede to your system canaguretton or
network environment; (e) work which you request to be perlormed
ontstde of CBS' mguiar busineas hours; or (f) any network/system
cormection device, eyr~ ~ ~ th the CFS AgreemenL
E. DATA. Customer ac~nowtsdges that the hard drive on the
Equipment may retain m~ages, content or other data during normal
operation of the Equipment ("Data') arid that exposure or access to the
Date by CBS, if any, is purely incidental to the sen~toes perfornted by
CBS. Neither CBS aor any of their affiliates has an o~atten to eraso
or oven~ite Data uflon Customer's return of the Equipment to CBS or
any teasing company. Customer is sotoly responsibto toc (i) Customer
compliance with al:~icabie law arid iagal requirements pertaining to
data privacy, security, mtentlon arid protocflon; arid (ii) all decisions
Customer should, ~ to return or ether disposition of the Equilxnant,
ut~J~z~ tt~ Hard E)tsk D~'ive (HE)O) (or con'koarabte) tofmatting function
(which may be referred to as 'th[tiallzed All Data/Sethngs' function)
found on the Equipment to pedo~n a one pass ovenwite of Data or, if
Customer has h~g~er security requirements, Customer may purchase
from CBS at cun~lt rates an avaltsble option for the Equ~p~nen~ ~
may include (a) an HDO Data Enc~ption Kit option which disguises
tofotmatio~ before it is written to the herd drive using encwption
algmithrns, (b) a 14DD Data Erase Kit that can perform up to a 3--paas
oven~ite of Data or (c) a replacement herd ddve (in w~nich case
Customer should properly destroy the replaced hard deve).
6. CUSTOMER SATISFACTION POUCY. CBS will, at Customer
writta~ request, replace any new Canon brerid Equipment installed
under this Agnmment with a like ann if CBS has determined, after a
reasonable opportunity to cure, that the Equipment is not repairable to
the expected standard of performance. This policy sheii apply for 3
years from the date of inatallatidn or fM the initial tan~ of any CFS
Leaso, if longer, provided Customer is not in defauif of this Agre~'~tent
CUSTO&IER AGREES THAT NOTHING IN THIS SECTION WiLL
ENTITLE CUSTOMER TO TERMINATE THE CFS AGREEMENT.
SER-CPC 023 Juh~ 2010 CBS
Canon Financial Services, Inc.
P.O. Box 4004
Cm'oJ Slmam. Il.qr.)is 6~197-4004
GOVERNMENTAL ENTITY
Tow~ of' gaut~old
Municipal Fiscal Fu_ndLgg. Addendur
THIS ADDENDUM WILL BE OF NO FORCE OR EFFECT IF THE CUSTOMER IS NOT A
STATE OR A POLITICAL SUBDIVISION OF A STATE.WITHIN THE ME, ANI. NG OF
103(C) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED.
The Customer warrants that it has funds available to pay the lease payment~(?Payme~ts')
payable pumuant to the base agreement (the "Agreement") between Customer and CFS until
the end of its current appropriation period end warrants that it pmssnthj intends to make
Payments in each appropriation period from now until the end of the Agreement. The officer of
the Customer responsible for preparation of Customers anrmal budget
legislative body or funding authority funds to be paid to CF8 under the Agreement. If
notwithstanding the making In good faith of such request.L,z a_Pc~__rdance
procedures and with the exercise of reasonable cars and diligence, such legislative body or
funding authority does not appropriate funds to be pald. te,.C.~.~r th~
may, upon prior written notice to CFS, effective upon the exhaustion of the funding authorized
for the then current appropriation period, return the Equipment to CFS,.at Customer's expense
and in accordance with the Agreement, and thereupon, Customer shall be released of its
obligations to make Payments to CFS due thereafter, provided: (1) the Equipment is ratumed
to CFS as provided for in the Agreement, (2) the above~"crYoednoti~ stm'es'the'~ellure of' .'
the legislative body or funding authorffy to appropriate the necessary funds as the reason for
cance, ation; and (3) such notice is accompanied by payment of ali ameu~then ~ to CFS.-
In the event Customer returns the Equipment pumuant to the terms of this Addendum and the
Agreement, CFS shaft mtsin all sums paid by Customer:
under this Agreement in any fiscal year shall constitute a current expense of Customer for
such risc. ar year, and shall not constitute Indebtedness or a muitlpte fiscal year obtigaUon
Customer under Customer's state constitution, state law or home rule charter. Nothing in this
Agreement shall constitute a pledge by Customer of any taxes or other monies, other than as
appropriated for a specific fiscal year for this Agreement and the Equipment,
The undersigned represents and warrants to CFS that all action required to authorize the
exec~lfion and delivery of this Addendum on behalf of the above referenced Governmental
Entity by the following signatory has been duly taken and remains in full rome and effect. CPS'
may accept a facsimile copy of this Addendum as an original for all purposes.
ACCEPTED,///· --.
Canon Flnam'~lal Sen4ces, htc,
CFS-2020 (11/04)