Docusign Envelope ID: 0011F566-3D53-4A79-B69F-03C813E16341 Installment Payment
CISCO. Agreement Reference 500-50693701
Capital
(Support Only)
Send Email Invoicing to:
Full Legal Name Tax IDi Phone Number
Fort Bragg, City of
Billing Address Purchase Order Requisition Number
416 N Franklin St, Fort Bragg. CA 95437
System Location (if not same as above) County Send Invoice to Attention of:
Software/Support Information:
See attached supplier quote/invoice number_00014431 dated_12/06/2024 _ referenced solely for descriptive purposes. No other term or condition SYSTEM ORMAT thereof is incorporated into this agreement or binding upon Payee.
Number o Payment Term (in Months): Payment Frequency: Total Financed Amount:
Payments
3 $10,706.82 36 Annually $29,370.60
PAYMENT INFORMATION First Period
Security (PLUS) (PLUS) Other (EQUALS) Due signing
Deposit Payment
+
1. Agreement: You "Obligor) agree to pay us "Payee"), pursuant to this Agreement, the install- nis Agreement and our interest in the System, or any portion thereot, without your consent an ment payments identified above for the System (defined as the software ("Software") and the right the transferee will not have to perform any of our obligations and the rights of the transferee wi o receive consulan
ot be subject to any claims, detenses, or setots that you may nave against us or any supplie . Taxes: you are responsible for and agree to pay when due, either directly or as reimbursemer WISHES TO ENTER INTO THIS AGRE ENT ELECTI 'S ELECTRONIC SIG- to us, and inde NATURE WILI TUTE OBI TO DO BUSI in connectior
NESS AND RECEIVE AL REL thorize us to adjust included in the Total Financed Amount. your payment by up to 15% if the System cost arges differ from the 5. Insurance: You are responsible for the risk of loss or destruction of, or damage to the stimates upon nich we calci are based on like System. You will (i) keep the System insured against all risks of loss or damage for an amount erm SWAR interest rates as ort Cente e referencing USD equal to the replacement cost, (ii) list us as the insurance sole loss payee, and (iii) give us Rates1100 (httos ovided you with written prod the insurance. If you do not provide such insurance, we have the right, without a written com ayments, on or obligation, to obtain insurance against theft and physical damage and add an insurance fee before the date on which we accept the Agreemen in the like term (whích may clude a profit) to the amount due from you. You will obtain and maintain com- SWAP rate, to preserve our loted. Obligor is prehensive blic liability insurance and name us as an additional insured with coverages and deemed to have the System on the date Obligor executes amounts this Agreement owever, this Agr hall not be bind- 6. Default and remedies: You are in default under this Agreement if: a) you fai to pay any amount ing on he date Payee signs the Agree (b) activ rates the when due; b) you breach any other obligation under this Agreement or any other agreement with Agree by booking Payee's books and ecords : comn ences
able in advance : or are subject to sanctions therefrom. If you are in default we may: (i) declare the entire balance designate and thereafter until of unpaid payments for the full term immediately due and payable to us; (i) sue you for and receive the suppliers) the total amou t due on the Agreement, with future payments discounted to the date of default at been delivered, per the lesser of (A) a per annum interest rate equivalent to that of a U.S. Treasury constant maturity ater than the Comm obligation (as reported by the U.S. Treasury Department) that would have a repayment term equal he period from the Comm to the remain Agreement term, all as reasonably determined by us, or (B) 3% per annum, plus based on the Paymer the number of days i reasonable ction and legal costs: (il) charde vou interest on all monies due at the rate of 18% and a year or sou days. 'OUR PAYMENT OBLIGA NS ARE ABSOL per year or the highest rate permitted by law from the date of default; (iv) require that vou imme- AND ARE NOT SUB. O CANCELLATION, REDI SETOFF OR AIM diately return the System to us or we may peaceably repossess it if you fail to return it to us, and/or NCLUDING WITHOUT FAIL IER v) cause any Software or Support provider to terminate, as applicable, all of your rights to use or TO DEI /ER OR DE ERY OF THE SY YSTEM; OR (c have available, as applicable, any or all of Software and/or Support, and you acknowledge that Cisco ABILITY OF SYSTEM FOR OBLIGOR'S PUR . You agree to pay us a fee o Systems, Inc., or any affiliate thereof (collectively, "Cisco"), as third party beneficiary of this provi- imburse our expenses for preparing financing statements, other documentation costs sion. may terminate your right to use any or all Cisco Software and/or Cisco Support under any and all ol oing administration costs during the Agreement term. Security deposi Software or Support arrangement, without liability for any reason whatsoever. Any retum or repos- est-bea uired by law, and may be applied to cure a ou are not session not be considered a termination or cancellation of this Agreement. You remain liable in default, we will m the deposit to vou at Agreement termination. You wil us a late charge for any deficiency with any excess being retained by us. of 5% of the pay whichever is greater, on any payment not made hen due. Such 7. Miscellaneous: This Agreement shall be governed and construed in accordance with the amount shall be to any and all amounts or monies payable by you as a result laws of state of New York, and, as applicable, the Electronics Signatures in Global and National of the exercise of any of the remedies herein provided. We may charge you a fee of $25 for any Commerce Act. YOU CONSENT TO JURISDICTION, PERSONAL OR OTHERWISE, IN ANY STATE check that is returned. YOU ACKNOWLEDGE THAT NO ONE IS AUTHORIZED TO WAIVE OR OR FEDERAL COURT IN NEW YORK. YOU AND WE HEREBY WAIVE A TRIAL BY JURY IN ANY CHANGE ANY TERM, PROVISION OR CONDITION HEREOF. CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT. You agree that the System will only
2. Warranty Disclaimer; Use and Maintenance: WE MAKE NO WARRANTIES, EXPRESS OR be used for business purposes and not for personal, family or household use. You agree that this IMPLIED, OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION, WARRANTIES Agreement may be executed in counterparts and an facsimile, photographic or other electronic OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. To the extent made to us, transmission and/or electronic signing of this Agreement by you when manually countersigned by we transfer to vou any manufacturer or provider warranties for the Svstem. You are required at us or attached to our original signature counterpart and/or ín our possession shall constitute the your cost to keep the System in good working condition and to pay for all supplies and repairs. If sole original chattel paper as defined in the UCC for all purposes and will be admissible as legal evi- the Svstem includes the cost of Support provided by a third partv, vou agree that we are not respon- dence thereof At our option, we may require a manual signature. We may inspect the System during sible to provide the Support and vou will make all Support claims against the third partv. You agree the Agreement term. You authorize us to contact you about your accounts in any way, including al that any Support or Software claims will not impact your obligation to pay all payments when due. any number or email address at which we believe we can reach you, even if you are charged for
3. Assignment: You may not transfer, sell, sublease, assign, pledge or encumber either the System such contact by a provider. For information about our privacy practices, please review our privacy or any rights herein without our prior written consent. You agree that we may sell, assign, or transfer statement at lesseedirect.com/usprivacy.
You agree that this is non-cancelable. Cisco Systems Capital Corporation Signature DOB Date Lease Processing Center, 1111 Old Eagle School Road, Wayne, PA 19087 PHONE: (866) 247-2680 • FAX: (877) 247-2690
OBLIGOR Title Print Name PAYEE Commencement Date Agreement Number Obligor (Full Legal Name): Accepted By:
Fort Bragg, City of
I unconditionally guaranty prompt payment of all the Obligor's obligations. Payee is not required to proceed against the Obligor or enforce other remedies before proceeding against me. I waive notice of acceptance and all other notices or demands of any kind to which I may be entitled. I consent to any extensions or modification granted to the Obligor and the release and/or compromise of any obligations of the Obligor or any other guarantors without releasing me from my obligations. This is a continuing guaranty and will remain in effect in the event of my death and may be enforced by or for the benefit of any assignee or successor of the Payee. This guaranty is governed by and con- stituted in accordance with the laws of the State of New York, and, as applicable, the Electronic Signatures in Global and National Commerce Act. I CONSENT TO GUARANTY EXCLUSIVE JURISDICTION IN ANY STATE OR FEDERAL COURT IN NEW YORK. PAYEE AND I HEREBY WAIVE TRIAL BY JURY. IF THIS GUARANTY HAS BEEN PROVIDED ELECTRONICALLY AND ANY GUARANTOR WISHES TO ENTER INTO THIS GUARANTY ELECTRONICALLY, SUCH GUARANTOR'S ELECTRONIC SIGNATURE WILL CONSTITUTE 22CSC299v1 SUCH GUARANTOR'S ACKNOWLEDGEMENT AND AGREEMENT TO DO BUSINESS AND RECEIVE ALL RELATED RECORDS ELECTRONICALLY.
Signature Name of Guarantor Date
©2022 All Rights Reserved. Printed in the U.S.A. 22CSC299v1 10/22 Docusign Envelope ID: 0011F566-3D53-4A79-B69F-03C813E16341
CISCO FISCAL FUNDING ADDENDUM
Lessee/Obligor (full legal name) Fort Bragg, City of ("Customer") DBA (if any) Lessor/Payee/Seller_ Cisco Systems Capital Corporation (Company")
INFORMATION
Lease/Installment Payment Agreement/Contract No._ 500-50693701 dated (the "Agreement") Master Lease Agreement/Master Installment Agreement No./Master Rental Agreement (if any) This Fiscal Funding Addendum ("Addendum"), dated as of -, 20 -, is made part of and amends the above-referenced Agreement by and between Company and the above-referenced Customer. Unless otherwise defined herein, capitalized terms shall have the definition set forth in the Agreement.
Customer warrants that it has funds available to pay all rents or installment payments, as applicable ("Payments") payable under the Agreement until the end of Customer's current appropriation period. If Customer's legislative body or other funding authority does not appropriate funds for Payments for any sub- sequent appropriation period and Customer does not otherwise have funds available to lawfully pay the Payments (a "Non-Appropriation Event"), Customer may, subject to the conditions herein and upon prior written notice to Company (a "Non-Appropriation Notice"), effective sixty (60) days after the later of Company's receipt of same or the end of the Customer's current appropriation period (the "Non-Appropriation Date"), terminate the Agreement and be released of its obligation to make all Payments coming due after the Non-Appropriation Date. As a condition to exercising its rights under this Addendum, Customer shall (i) provide in the Non-Appropriation Notice a certification of a responsible official that a Non-Appropriation Event has occurred, (i) deliver to Company an opinion of Customer's counsel (addressed to Company verifying that the Non-Appropriation Event as set forth in the Non-Appropriation Notice has occurred, (iii) on or before the Non-Appropriation Date return the Equipment to Company at a location designated by Company, in the condition required by, and in accordance with the return provisions of the Agreement and, (iv) at Customer's expense, pay Company all sums payable to Company under the Agreement up to the Non-Appropriation Date. In the event of any Non-Appropriation Event, Company shall retain all sums paid hereunder or under the Agreement by Customer, including the security deposit (if any) specified in the Agreement.
Customer further represents, warrants and covenants tor the benefit of Company that:
(a) Customer is a municipal corporation and political subdivision duly organized and existing under the constitution and laws of the State in which it is organized. (b) Customer is authorized under the constitution and laws of such State, and has been duly authorized to enter into this Agreement and the transaction contemplated hereby and to perform all of its obligations hereunder. (c) This Agreement constitutes the legal, valid and binding obligation of Customer enforceable in accordance with its terms, except to the extent limited by applicable bankruptcy, insolvency, reorganization or other laws affecting creditors' rights generally. (d) Customer has complied with such public bidding requirements as may be applicable to this Agreement. (e) The Equipment, together with the software, support and services, if any, subject to the Agreement, are essential to the function of Customer or to the services Customer provides to its citizens, and Customer has an immediate need for, and expects to make immediate use of, substantially all the Equipment (and such software, support and services, if any), which need is not temporary or expected to diminish in the foreseeable future. = Customer has never failed to appropriate or otherwise make available funds sufficient to pay amounts coming due under any lease, lease purchase, rental, installment sale or other similar agreement.
This Addendum is not intended to permit Customer to terminate the Agreement at will or for convenience.
Except as expressly modified by this Addendum, the Agreement remains in full force and effect. In the event of any conflict, inconsistency or incongruity between the provisions of this Addendum and any of the provisions of the Agreement, the provisions of this Addendum shall in all respects govern and con- rol. A facsimile copy of this document with facsimile signatures may be treated as an original and will be admissible as evidence in a court of law. Custome uthorizes Company to correct or insert missing information (including but not limited to the Agreement number and description) in this Addendum Intending to be legally bound, each of the parties has caused this Addendum to be executed by its duly authorized representative.
Signature X Signature X
(MUST BE SIGNED BY AUTHORIZED REPRESENTATIVE OR OFFICER OF LESSEE) Print Name
ACCEPTED BY COMPANY
Title Date
_ Date. 16CSC270
Customer Fort Bragg, City of Name of Corporation or Partnership Cisco Systems Capital Corporation ©2016 All Rights Reserved. Printed in the U.S.A. 16CSC270 6/16 Docusign Envelope ID: 0011F566-3D53-4A79-B69F-03C813E16341
BILLING INFORMATION
Agreement Number:
This form is required for Cisco Systems Capital Corporation _ to properly bill and credit your account. Please complete this form and return it with the signed documents.
ENROLL IN PAPERLESS BILLING!
Paperless Convenient Access your invoices anytime, anywhere, from any device • Sign me up for Email Invoicing. Send my invoices to the email address below:
Email Address(es):
NOTE: Your invoices will be emailed from [email protected].
Subject line will be: "Your Lease Direct Invoice is ready to view online!" You will not receive a physical invoice if you elect paperless billing.
Billing Information (Please fill out the below details completely and accurately) Billing Name: Fort Bragg, City of Phone:
Customer Contact Email (if different from above):
Billing Address:
Street Address or PO Box Attention
City
State Zip
FEDERAL TAX ID #:
Accounts Payable Contact Information (if different from above):
Name: Email: Phone:
Additional Details
Do you require a Purchase Order Number on the invoice? Yes No If yes, please provide the PO# or forward a copy (front & back) for our file.
Is a new purchase order required for each new fiscal period? • Yes No If yes, provide month/year PO expires:
Do you have multiple contracts, and would like them all billed on one invoice (Summary Billing)? Yes No If yes, please provide your contract number:
Are you tax exempt? • Yes • No
If yes, please forward a copy of exempt certificate or direct pay permit.
Do you require our W9 to establish us as a vendor? • Yes • No Are there any additional billing requirements to ensure timely payments? Payment Information
• Please check this box if you are interested in enrolling in AutoPay.
For other forms of payment, please note the following remittance address (it may differ from address for service and supplies). Please include remittance slip with payment and send to: PO BOX 825736, PHILADELPHIA, PA 19182-5736 This form completed by: Name: Title: Date:
Docusign Envelope ID: 0011F566-3D53-4A79-B69F-03C813E16341 Streamline Your Accounts
Payable Process
with priority payment processing!
Priority Payment Processing Gives You:
Hate Writing Checks? • Reduced Accounts Payable Processing Priority payment processing will eliminate the need to write monthly checks. Instead, we debit • Reduced Record Keeping your bank account of choice via the Automated Clearing House (ACH) System for your monthly • Greater Safely and Security payment due under your lease. • More Convenience
YES, I want to sign-up for convenient Direct Debit by completing this brief authorization form.
INSTRUCTIONS: Start by filling in information in Section #1. Then click on the "Sign Here" button on the bottom of this form and follow screen instructions.
SECTION #1 - CONTACT INFORMATION
Contact Person
Contact Person email
SECTION #2 - CUSTOMER INFORMATION
Customer Name Phone Number
Street Address
City State Zip Code
SECTION #3 - BANK ACCOUNT INFORMATION
Bank Name 1026-
TAR CA IT
Pay to the
ABA Routing Number YourBank Example 1 sue
1: 3234562698 123456289101 1026
Bank Account Number
Antiquing L Check Number -
SECTION #4 - CONTRACT INFORMATION
Use Direct Debit on the following Contract Numbers:
SECTION #5 - TERMS & CONDITIONS
1) I authorize charges to the bank account number listed above in the name of LeaseDirect for payments, fees, taxes and all other charges owed on the above referenced contracts). 2) This authorization will remain in effect until all my obligations under the above referenced contracts) have been satisfied. 3) I authorize the release of information concerning my financial condition to suppliers, other creditors, credit bureaus and other credit reporters.
Authorization granted by: Date:
You will receive an email confirmation from us when we complete the processing of your Direct Debit request.
For questions contact us at (800) 736-0220.
Thank you for helping us in our continuing commitment to "Going Green"!
FOR INTERNAL USE ONLY
Direct Debit Request Completed by: Date:
We will begin ongoing direct debit of your account beginning with the payment due on:
© 2010 All Rights Reserved. Printed in the U.S.A. 09DLL879v1 1/10 Docusign Envelope ID: 0011F566-3D53-4A79-B69F-03C813E16341 Portes
Technologies
350 5th Ave, Suite 4750
New York, NY 10118
Date Quote No. Expiration Date Billing Payment Term Contract Length 12 / 06 / 2024 00014431 03 / 02 / 2025 Financed - Net 15 36 Months Cisco Capital
Deb Smith
City Of Fort Bragg
416 North Franklin Street
Fort Bragg, California, 95437
Software Subscriptions Price QTY Term Discount Subtotal Cisco Secure Endpoint Essentials $6.24 150 36 45.00% $18,532.80 Anti-Virus | Cisco Secure Endpoint | Quantity in Devices | AMP4E-CL-LIC
Cisco Umbrella DNS Security Advantage $6.69 75 36 40.00% $10,837.80 Web Gateway | Cisco Umbrella DNS Security | Quantity in Users | UMB-DNS-ADV-K9
Line item discount total -$22,388.40
Software Subscriptions Total $29,370.60
*Plus all applicable taxes
Are you a tax exempt business?
Yes No
[email protected]
OPTO
chnologi port53tech.com
Docusign Envelope ID: 0011F566-3D53-4A79-B69F-03C813E16341 Accepted by Date
Send invoices to:
Billing Contact
• Me
[email protected]
OPTS
chnologi: port53tech.com
Docusign Envelope ID: 0011F566-3D53-4A79-B69F-03C813E16341 Port53 Technologies Software License Agreement
Renewal Term: all Software Subscription Terms) shall automatically renew for an additional term equal to the Contract Length noted above, unless either party gives the other written notice of non-renewal at least 90 days before the end of the then-current Software Subscription Term. Notwithstanding properly noticed non-renewal, the Client acknowledges the Software Subscription Terms) cannot be terminated because Port53 Technologies must advance all fees on behalf of Client for the Software that is subject to the Software Subscription(s). Upon renewal, software subscriptions are subject to inflation related price adjustments not to exceed 8% on any renewal term.
No Warranties: the Software Subscription offered in this Quote is provided without any warranty, express or implied, and is being offered "as is." The Client must assess the compatibility and suitability of the Software Subscriptions) for their specific needs and requirements before proceeding with this Disputes: Any legal action arising from this Quote shall be administered by the American Arbitration Association and the prevailing party shall be entitled to recover their attorneys' fees and costs from the other party. [email protected]
Ort?
ichnologir port53tech.com