OF PARLIE, CITY COUNCIL OF PARLIER
SPECIAL MEETING
AGENDA
This meeting of the City of Parlier City Council is live streamed and may be accessed at https://www.youtube.com/channel/UCJs3y/cM9NWQGLdwpBCmoAQ DATE: THURSDAY, SEPTEMBER 1, 2022
TIME: 6:30 PM
PLACE: Parlier City Hall
1100 E. Parlier Avenue
Parlier, CA 93648
CALL TO ORDER/WELCOME:
Roll Call: Mayor Alma M. Beltran, Mayor Pro-Temp Trinidad Pimentel, Councilwoman Diane Maldonado, Council woman Sabrina Rodriguez, Council woman Cathryn "Kathy" Solorio, City Clerk Dorothy Garza and Treasurer Michelle Lopez.
FLAG SALUTE: Mayor Alma M. Beltran
REGULAR BUSINESS:
1. SUBJECT: Adoption of the Resolution No. 2022-51 authorizing the contract amendment of the Parlier Downtown Beautification Project to American Paving Company.
RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 2022-51 designating and authorizing the City Manager to amend construction contracts for the grind removal and overlay of the existing asphalt pavement on Fresno Street from Newmark Avenue to I Street in the amount of $242,721.20.
2. SUBJECT: Consideration and Necessary Action on GoodSuite Office Equipment Fleet Management Program.
RECOMMENDATION: Authorize the City Manager to sign a new Lease Agreement with GoodSuite to replace all copers/scanners/printers with updated Sharp equipment and save $88,237.17 over the life of the contract.
ADJOURNMENT
ADA NOTICE
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (559) 646-3545 ext. 227. Notification 48 hours prior to the meeting will enable the city to make arrangements to ensure accessibility to this meeting.
DOCUMENTS
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the front counter at City Hall located at 1100 East Parlier Avenue, Parlier, CA during normal business hours. In addition, most documents are posted on the City's website at www.parlier.ca.us AGENDA ITEM: #l
OF PARLIE
MEETING DATE: 09/01/2022
DEPARTMENT: Administration/Engineer
REPORT TO CITY COUNCIL
SUBJECT:
Adoption of the Resolution No. 2022-_ authorizing the contract amendment of the Parlier Downtown Beautification Project to American Paving Company.
RECOMMENDATION:
Staff recommends the City Council adopt Resolution No. 2022-_ _designating and authorizing the City Manager to amend construction contracts for the grind removal and overlay of the existing asphalt pavement on Fresno Street from Newmark Ave. to I St., in the amount of $242,721.20.
BACKGROUND:
The Parlier Downtown Beautification Project is 80% complete. The original contract accounted for new asphalt near the improvements. This additional work will be to remove the existing asphalt and replace it with a new section of asphalt. An in-house estimate was conducted and was within 9% in comparison to the proposal. Additionally, the items in the proposal reflect the same margins with other projects with the same size and scope of nearby projects.
FISCAL IMPACT:
Based on the proposal, the total estimated cost for the amendment will be $242,721.20.
Funding will come from the SB1 funds.
Prepared by: Approved by:
Javier Andrade, Staff Engineer
Attachments:
• Recommendation for Approval
• Resolution for Approval
TYPE OF ITEM: COUNCIL ACTION: APPROVED DENIED NO ACTION _ Consent Public Hearing
_ Info Item Matter Initiated by a Council Member
Action Item Other
_Department Report _ Continued to:
Redevelopment Agency
RESOLUTION NO. 2022-
CITY OF PARLIER
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARLIER, CALIFORNIA,
AMENDING CONTRACT WITH AMERICAN PAVING COMPANY FOR THE STREET
IMPROVEMENTS IN PARLIER DOWNTOWN BEAUTIFICATION PROJECT
AND AUTHORIZING CITY MANAGER OR MAYOR TO REVISE AND EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY
WHEREAS, the Bid for the Parlier Downtown Beautification Project, was awarded on April 7, 2022 by the city council; and
WHEREAS, an amendment to the agreement of the city of Parlier Downtown Beautification Project dated on 04/15/2022, is recommended;
WHEREAS, the amendment will be for the grind removal and overlay of the existing asphalt pavement on Fresno Street from Newmark Ave. to I St., in the amount of $242,721.20.; and WHEREAS, the following proposal breakdown of the additional work was submitted to the engineer:
Item Description Quantity UM. Unit Price Total
Mobilization 1 LS $ 5,500.00 55,500.00
2 Traffic Control 1 LS $ 13,300.00 $ 13,300.00
3 Grind Existing Asphalt 2" 71,142 SF $ 0.60 $ 42,685.20 4 2" Asphalt Overlay 879 TN $ 184.00 $ 161,736.00
5 Adjust Existing Water Valves 4 EA $ 1.200.00 $ 4800.00 Adjust Existing Manholes 7 EA $2,100.00 $ 14,700.00
Total S242.721.20
WHEREAS, the City Engineer conducted an analysis and the in-house estimated was within 9% of the proposal.
NOW THEREFORE, IT IS HERBY RESOLVED by the City Council of the City of Parlier as follow:
1. Upon the recommendation of the City Engineer that the Contract for the Street Improvements on Parlier Downtown Beautification Project, be amended; and
2. The City approves the amended amount of an additional $242,721.20; I hereby certity that the foregoing is a full, true and correct copy of a Resolution duly and regularly adopted by the City Council of the City of Parlier at a meeting thereof held on the 1st day of September 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Alma M. Beltran, Mayor
ATTEST:
Dorothy Garza, City Clerk
^ & M
CONSULTING ENGINEERS
220 N Locust Street
Visalia, CA, 93291
559.429.4747
[email protected]
August 29, 2022
Dear Sonia Hall,
We have completed the analysis of the proposal received for the Parlier Downtown Beautification Project Amendment for a total of $242,721.20.
Based on the proposal and the margins of similar projects of the same scope and size. We have chosen to accept the proposal provided by American Paving Company and to move forward in the construction process. We recommend the City Council of the City of Parlier approve this amendment to the contract.
If you may have any questions or concerns, please do not hesitate to contact me at your earliest convenience.
Regards,
Javier Andrade, PE
A&M Consulting Engineers
Principal Civil Engineer
OF PAR
AGENDA ITEM: #2
MEETING DATE: 9/1/2022
DEPARTMENT: Administration
REPORT TO CITY COUNCIL
SUBJECT:
GoodSuite Office Equipment Fleet Management Program
RECOMMENDATION:
Approve the Lease agreement with GoodSuite to replace all copiers/scanners/printers with updated Sharp equipment.
BACKGROUND:
Attached please find an informative brochure that highlights all aspects of security features and benefits that comes standard on all Sharp models. You will also find specific information regarding to government regulations and how they apply to our organization GoodSuite. We are looking at a savings of $88,237.17 over the life of the contract.
Approved by:
Sincer
Sonia Hall
City Manager
Office Equipment Fleet Management
Program
City of Parlier
GoodSuite Proposal Presented by:
Leo Falcon - Major Account Manager
Cell: (559) 940-0767
SHARP brother.
Canon
KONICA MINOLTA
PRINTFLEET°
• Automated meter readings
• Automated toner supplies replenishment!
• Proactive monitoring of your printing devices
• Tracks and monitors print devices so that you don't have to • Single solution available to download on a workstation or server • HIPPA and DOD approved compliance, outbound data only • Service technician enabled for real time triage / troubleshooting • Allows you to configure service/supplies pop ups and emails • Monitors all print counts and downloads it directly to billing system
2019
BLI SHARP®
BUYERS LAB
LINE OF THE YEAR
Product Description:
•Color-copy, print and scan
Advanced Multifunction
•Print speed: 45-ppm
Copier Fleet
•10.1" User Control Panel
• 280-pages per minute 2-Sided scanning
•300 Sheet Document Feeder
•Smart Scan - Auto adjust resolution,
compression and skew while scanning
•Double Feed Detection Scanning Unit
•Business Card Scanning from feeder
•Stapling/Sorting/Stacking Finisher
• Hi Speed Wireless LAN & WiFi Module
•Mobile printing and scanning
•(4) 550-Sheet Paper Trays (2,200 sheets)
•Automated Meter Readings
•Auto wake up motion sensor
• Page 3
•Full retractable keyboard
Standard Features/Benefits
Fully adjustable tilt screen control panel.
Handicapped 508 Compliant Auto feeds 50-Envelopes from adjustable front tray! Thumbnail Preview 3D Preview One-Page Preview (Spread Out) SElv
Scan image preview allows you to scan, review, & edit directly from the control panel of the Sharp MX multifunction copier
•Page 4
Additional Standard Features/Benefits
Collaborate with
other applications
Network
Other
apps
PPTX DOCX XLSX PDF
Receive Mobile Attach to
scanned data e-mail
device
Attach data to
Scan e-mail
Wireless SCAN
LAN
Print
Direct print
from MFP PRINT
Sharp MFP Sharpdesk Mobile
Scan to and print from your mobile devices, attach
to emails or send to other apps
"Alexa, ask Sharp Copier
to scan to me." Copier
SHARP
Cloud services
Mobile devices All devices utilize 256-bit AES level encryption Scan to cloud or print from; Google Drive, Share standards along with 10 Xs image overwrite Point, One Drive, etc. •Page 5
Equipment Pricing Summary GoodSuite
Speed - Innovation - Technology
Overage Monthly Current
Current:
Rate Volume Total
Monthly Lease Payment 1: $5,177.66
Monthly Lease Payment 2: $279.00
B&W Copies: $0.0147 20,000 Included
Color Copies: $0.1025 10,000 Included
Color Overages: $0.1025 14,203 $1,455.81
Total Volume 44,203
Current Monthly Expense Total $6,912.47
Overage Monthly Proposed
Proposed Upgrade: Rate Volume
Total
Proposed Upgrade: $5,511.88
B&W Copies: $0.0892 20,000 Included
Color Copies: $0.0652| 25,000 Included
Cyber Security Awareness: Included
Total Volume 45,000
Proposed Monthly Expense Total $5,511.88
***New lease satisfies $100,251.23 amount due under current leases. ***New lease provides $88,237.17 SAVINGS over the life of the contract.
Complete Replacement Guarantee
If you are not totally satisfied with any of the multifunction copiers, printers, scanners, digital displays, or related accessories delivered under this agreement, GoodSuite will, at your request, replace it without charge with an identical model or other equipment with comparable features and capabilities.
COMPLETE
GoodSuite
Sufficient opportunity to remedy the equipment must be allowed, before replacement is initiated. This Guarantee applies to all brands and types of equipment that have been continuously maintained by GUARANTEE GoodSuite, or its authorized partner, under this agreement. This guarantee is good for the entire current lease period or three years (whichever is greater) for all new equipment and one year for "previously installed" equipment.
•Page 7
GoodSuite Community Involvement
A portion of the proceeds from all sales are donated to the following charities
OPERATION GRATITUDE
SAYING "THANK YOU" ALL WHO SERVE
alzheimer's % association'
THE MICHAEL J. FOX FOUNDATION
THE BRAINS BEHIND SAVING YOURS." FOR PARKINSON'S RESEARCH •Page 8
GoodSuite APPLICATION NO. AGREEMENT NO.
Value Lease Agreement
Speed - Innovation - Technology
21109 West Oxnard Street • Woodland Hills, CA 91367 • Phone: 818.874.1200 • Fax: 818.874.1216 The words "Lessee," "you" and "your" refer to Customer. The words "Lessor," "we," "us" and "our" refer to see Goodsuite
CUSTOMER INFORMATION
FULL LEGAL NAME STREET ADDRESS
City Of Parlier 1100 E. Parlier Avenue
CITY STATE ZIP PHONE FAX
Parlier CA 93648 559-646-3545
BILLING NAME (IF DIFFERENT FROM ABOVE) BILLING STREET ADDRESS
CITY STATE ZIP E-MAIL
EQUIPMENT LOCATION (IF DIFFERENT FROM ABOVE)
EQUIPMENT DESCRIPTION
MAKE/MODEL/ACCESSORIES SERIAL STARTING
NO. METER
See Schedule "A" for equipment details
X See attached Schedule A • See attached Billing Schedule
TERM AND PAYMENT INFORMATION
63 Minimum Payments* of $ 5,511.88 If you are exempt from sales tax, attach your certificate. *plus applicable taxes The payment ("Minimum Payment) period is monthly unless otherwise indicated.
Payment includes 20,000 B&W pages per month Overages billed semi-annually at $ 0.00892 per B&W page* Payment includes 25,000 Color pages per month Overages billed semi-annually at $ 0.0652 per Color page*
END OF TERM OPTION
You will have the following option, which you may exercise at the end of the term, provided that no event of default under this Agreement has occurred and is continuing. Fair Market Value means the value of the Equipment in continued use. Purchase all of the Equipment for its Fair Market Value, renew this Agreement, or return the Equipment.
Upon acceptance of the Equipment, THIS AGREEMENT IS NONCANCELABLE, IRREVOCABLE AND CANNOT BE TERMINATED.
LESSOR ACCEPTANCE
LESSOR SIGNATURE TITLE DATED
CUSTOMER ACCEPTANCE
BY SIGNING BELOW OR AUTHENTICATING AN ELECTRONIC RECORD HEREOF, YOU CERTIFY THAT YOU HAVE REVIEWED AND DO AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT ON THIS PAGE AND ON PAGE 2 ATTACHED HERETO.
City of Parliet
CUSTOMER (as referenced above) SIGNATURE TITLE DATED
FEDERAL TAXI.D. # PRINT NAME
DELIVERY & ACCEPTANCE CERTIFICATE
You certify and acknowledge that all of the Equipment listed above: 1) has been received, installed and inspected; and 2) is fully operational and unconditionally accepted. Upon you signing below. your promises in this Agreement will be irrevocable and unconditional in all respects.
CUSTOMER (as referenced above) TITLE ACCEPTANCE DATE
TERMS AND CONDITIONS
1. AGREEMENT: You agree to lease from us the goods, together with all replacements, parts, repairs, additions, and accessions incorporated therein or attached thereto and any and all proceeds of the foregoing, including, without limitation, insurance recoveries ("Equipment) and, if applicable, finance certain software, software license(s), software components and/or professional services in connection with software (collectively, the "Financed Items," which are included in the word "Equipment" unless separately stated) from software licensors) and/or suppliers) (collectively, the "Supplier"), all as described in this Agreement, excluding equipment marked as not financed under this Agreement, and in any attached schedule, addendum or amendment hereto ("Agreement"). You represent and warrant that you will use the Equipment for business purposes only. You agree to all of the terms and conditions contained in this Agreement, which, with the acceptance certification, is the entire agreement between you and us regarding the Equipment and which supersedes any purchase order, invoice, request for proposal, response or other related document. This Agreement becomes valid upon execution by us. If any provision of this Agreement is declared unenforceable, the other provisions herein shall remain in full force and effect to the fullest extent permitted by law.
2. OWNERSHIP; PAYMENTS; TAXES AND FEES: We own the Equipment, excluding any Financed Items. Ownership of any Financed Items shall remain with Supplier thereof. You will pay all Payments, as adjusted, when due, without notice or demand and without abatement, set-off, counterclaim or deduction of any amount whatsoever. If any part of a Payment is more than 5 days late, you agree to pay a late charge equal to: 1) the greater of 10% of the Payment which is late or $26.00 or 2), if less, the maximum charge allowed by law. The Payment may be adjusted proportionately upward or downward: (i) if the shipping charges or taxes differ from the estimate given to you; and/or (ii) to comply with the tax laws of the state in which the Equipment is located. You shall pay all applicable taxes, assessments and penalties related to this Agreement, whether levied or assessed on this Agreement, on us (except on our income) or you, or on the Equipment, its lease, sale, ownership, possession, use or operation. If we pay any taxes or other expenses that are owed hereunder, you agree to reimburse us when we request and to pay us a processing fee for each payment we make on your behalf. You agree to pay us a fee of up to $50 for filing and/or searching costs required under the Uniform Commercial Code (UCC") or other laws. You agree to pay us an origination fee of up to $125 for all closing costs. We may apply all sums received from vou to an amounts due and owed to us under the terms of this Agreement. If for any reason your check is returned for insufficient funds, you will pay us a service charge of $30 or, if less, the maximum charae allowe by law. You cannot pay off this Agreement or return the Equipment prior to the end of the term without our consent. If we consent, we may charge you, in addition to the other amounts owned, an early termination fee equal to 5% of the price of the Equipment. We may make a profit on any fees, estimated tax payments and other charges paid under this Agreement. (Continued on Page 2) 31675(2017) Page 1 of 2 Rev. 05/14/2019
3. EQUIPMENT; SECURITY INTEREST: At your expense, you shall keep the Equipmen: (i) in good repair, condilion and working order, in compliance with applicable laws, ordinances and manufacturers and regulatory standards; (i) free and clear of all liens and calms; and (il) at your adoress shown on page 1, and you agree not to move it unless we agree in wrifing. If this Agreement is deemed to be a secured transaction, you grant us a security interest in the Equipment to secure all amounts you owe us under this Agreement or any other agreement with us ("Other Agreements"), except amounts under Other Agreements which are secured by land and/or buildings. You authorize and ratify our fling of any financing stalement's) to show our interest. You will not change your name, state of organization, headquarters or residence withoul provicing prior willen notice to us. You will nolly us within 30 days if your state of organization revokes or
4. INSURANCE; COLLATERAL PROTECTION; INDEMNITY; LOSS OR DAMAGE: You agree to keep the Equipment fully insured against all risk, wilh us named as lender's loss payee, in an amount not less than the ful replacemen! value of the Equipment until this Agreement is terminaled. You also agree to maintain commercial general liabilty insurance with such coverage and from such insurance carrier as shall be satisfactory to us and to include us as an additional insured on the policy. You will provide written nolice to us within 10 days of any modification or cancellation of your insurance policys). You agree to provide us certificates or olher evidence of insurance acceptable to us. If you do not provide us with accaptable evidence of property insurance within 30 days after the start of this Agreement, we have the option, but not the obligation, to do so as provided in either (A) or (8) below, as determined in our discretion: (A) We may secure property loss Insurance on the Equipment from a carrier of our choosing in such forms and amounts as we deem reasonable to protect our interests. If we secure insurance on the Equipment, we will not name you as an insured party, your interests may not be fully protected, and you will reimburse us the premium which may be higher than the premium you would pay if you oblained insurance, and which may result in a profit to us through an Investment In reinsurance, in addition, you agree to pay us our slandard fees in connection with obtaining such insurance. If you are current in all of your obligations under the Agreement at the time of loss, any insurance proceeds received will be applied, at our option, to repalr or replace the Equipment, or to pay us the remaining payments due or to become due under this Agreement, plus our booked residual, both discounted at 2% per annum, (B) We may charge you a monthly property damage surcharge of up to 0035 of the Equipment cost as a result of our credit risk and administrative and other costs, as would be further described on a letfer from us to you. We may make a profit on Ihls program. NOTHING IN THIS PARAGRAPH WILL RELIEVE YOU OF RESPONSIBILITY FOR LIABILITY INSURANCE ON THE EQUIPMENT. We are not responsible for, and you agree to hold us harmless and reimburse us for and to delond on our behalf, with counsel acceptable to us, againsi, any claim for any loss, expense, liabilty or injury caused by or in anyway related to delivery, instalation, possession, ownership, leasing, manufacture, use, condition, inspection, removal, retur or storage of the Equipment. In addition, you will indemnify us, on an after-lax basis, against the loss of any lax benefits anticipaled by us at the commencement of this Agreement arising out of your acts and omissions. All indemnities will survive the expration or termination of this Agreement.
You are responsible for any loss, theft, destruction or damage lo the Equipment ("Loss"), regardless of cause, whether or not insured. You agree to promplly nolity us in writing of any Loss. If a Loss occurs and we have not otherwise agreed in writing, you will promptly pay to us the unpaid balance of this Agreement, including any future Payments to the end of the term plus the anticipaled residual value of the Equipment, both discounted to present value at 2%. Any proceeds of insurance will be paid to us and credited against the Loss. You authorize us to sign. on your behall and appoint us as your allorney-in-fact to endorse in your name any insurance drafts or checks issued due to a Loss.
5. ASSIGNMENT: YOU SHALL NOT SELL, TRANSFER, ASSIGN, ENCUMBER, PLEDGE OR SUBLEASE THE EQUIPMENT OR THIS AGREEMENT, without our prior written consent. You shall not consolidate or merge with or into any other entity, distribute, sell or dispose of all or any substantial portion of your assets olner than in the ordinary course of business, without our prior writlen consent, and the surviving, or successor entity or the transferee of such assets, as the case may be, shall assume all of your obligations under this Agreement by a wilten instrument acceptable to us. No event shal cocur which causes or results in a transfer of majorily ownership of you whlle any obligations are oulstanding hereunder. We may sell, assign, or fransfer this Agreement without notice lo or consent from you. You agree that if we sell, assign or Iransfer this Agreement, our assignee wil have the same rights and benefits that we have now and will not have to perform any of ourobligations. You agree that our assignee will not be subject to any claims, defenses, or offsets that you may have against us. This Agreement shall be binding on and Inure to the benefit of the parties hereto
6. DEFAULT AND REMEDIES: You will be in default if: (I) you do not pay any Payment or olher sum due to us or you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any olher agreement with us or any of cur affiliates or fall to perform or pay under any material agreement with any olher entity, (i) you make or have made any false statement or misrepresentation lo us; (i) you or any guarantor dies, dissolves, liquidales, terminates existence or is in bankruptcy; (v) you or any guarantor suffers a material adverse change in its financial, business or operaling condition; cr (v) any guarantor defaults under any guaranty for this Agreement. If you are ever In defaull, at cur option, wo can cancel this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of term plus the anticipated residual value of the Equipment, both discounted to present value at 2%. We may recover default Interest on any unpald amount at the rate of 12% per year. Concurently and cumulatively, we may also use any remedies available to us under the UCC and any olner law and we may require that you immediately stop using any Financed Items. If we lake possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiency. In the event of any dispule or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable allomeys' fees (including any Incurred before or at trial, on appeal or In any other proceeding), actual court costs and any olher collection costs, including any collection agancy fee. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACTOR OMISSION BY ANYONE. Any delay or fallure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement in the hands of our assignee, is, or shall be treated as, a "Finance Lease" as defined by Arlicle 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-507 through 522 of the UCC. If interest Is charged or collected in excess of the maximum lawful rate, we will refund such excess lo you, which will be your sole remedy.
7. INSPECTIONS AND REPORTS: We have the right, at any reasonable time, to inspect the Equipment and any documents relating fo its installation, use, maintenance and repar. Within 30 days after our request (or such longer period as provided herein), you will deliver all requested Information (including tax returns) which we deem reasonably necessary to determine your current financial condition and faithful performance of the terms hereof. This may include: (i) compiled reviewed or audited annual financial statements (including, without limitation, a balance sheet, a statement of income, a statement of cash flow, a statement of changes in equily and notes to financial statements) wilhin 120 days after your fiscal year end, and (il) management-prepared interim financial statements within 45 days after the requested reporting pariod(s). Annual statements shall set forth the corresponding figures for the prior fiscal year in comparative form, all in reasonable detail without any qualification or exceplion deemed material by us. Unless oinerwise accepted by us, each financial staferent shall be prepared in accordance with generally accepled accounling principles consistently applied and shall falrly and accurately present your financial condition and results of operations for the period to which it pertains. You authorize us to obtain credit bureau reports for credit and collection purposes and to share them with our affillates
8. END OF TERM: Unless the purchase option is $1.00, at the end of the initial term, this Agreement shall renew for successive 12-month renewal terms) under the same terms hereof unless you send us written notice between 90 and 150 expense, in retall re-saleable condition, full working order and complete repalr. YOU ARE SOLELY RESPONSIBLE FOR REMOVING ANY DATA THAT MAY RESIDE IN THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO HARD DRIVES, DISK DRIVES OR ANY OTHER FORM OF MEMORY.
9. USA PATRIOT ACT NOTICE; ANTI-TERRORISM AND ANTI-CORRUPTION COMPLIANCE: To help the govemment fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain. verify, and record information that identifies each customer who opens an account. When you enter into a transaction with us, we ask for your business name, address and olher information that will allow us to identify you. We may also ask lo see other documents that substantiate your business identity. You and any other person who you control, own a controling interest in, or who owns a controlling interest in or otherwise controls you in any manner ("Representalives") are You shall, and shall cause any Representative to, provide such information and lake such actions as are reasonably requested by us in order to assist us in maintaining compliance with anti-money laundering laws and regulations.
10. MISCELLANEOUS: Unless othenwise stated in an addendum hereto, the parties agree that: (l) this Agreement and any related documents herel may be authenticated by electronic means: (li) the "origina"" of this Agreement shall be the copy that bears your manual, facsimile, scanned or electronic signature and that also bears cur manually or electronicelly signed signature and is held or controlled by us; and (i) to the extent this Agreement constitutes chattel paper (as defined by the UCC), a security interest may only be created in the original. You agree not to raise as a defense to the enforcement of this Agreement or any related documents that you or we execuled or authenticaled such documents by electronic or digital means or that you used facsimlle or other electronic means to transinit your signature on such documents. Notwithstanding anything to the contrary herein, we reserve the right lo require you to sign this Agreement or any related documents hereto manually and to send to us the manually signed, duly execuled documents via overnight courier on the same day that you send us the facsimile, scanned or electronic transmission of the documents. You agree to execute any further documenta that we may request to carry out the intents and purposes of this Agreement. Whenever our consent Is required, we may withhold or condition such consent in our sole discretion, excepl as othervise expressly stated herein. From time to time, Supplier may extend to us payment terms for Equipment financed under this Agreement that are more favorable than whal has been quoted to you or the general public, and we may provide Supplier informallon regarding this Acreement if Supplier has assigned or referred it to us. All notices shall be mailed or delivered by facsimile transmission or overnight courier to the respective parties at the addresses shown on this Agreement or such other address as a party may provide in waiting from time to time. By providing us with a telephone rumber for a collular phone or other wireless device, including a number that you later convert to a cellular number, you are expressly consenting to receiving communications, including but not limited to prerecorded or artificlal volce message calls, lext messages, and calls made by an aulomatic telephone dialing syslem, from us and our affiliates and agents al that number. This express consent applies to each such telephone number that you provide to us now or in the future and permits such calls for non-marketing purposes. Calls and messages may incur access fees from your collular providar. You authorize us to make non-material amendments (Including completing and conforming the descriplion of the Equipment) on any document in connection with this Agreement. Unless stated otherwise herein, all other modifications lo this Agreement must be in writing and signed by each party or in a duly authenticated electronic record. This Agreement may not be modifed by course of parfomance.
11. WARRANTY DISCLAIMERS: WE ARE LEASING THE EQUIPMENT TO YOU "AS-IS." YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. WE DO NOT TAKE RESPONSIBILITY FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR
YOU ARE UNCONDITIONALLY OBLIGATED TO MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. YOU ARE NOT ENTITLED TO REDUCE OR SET-OFF
AGAINST ANOUNTS DUE UNDER THIS AGREEMENT FOR ANY REASON, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR
ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREENENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.
12. LAW: JURY WAIVER: This Agreement will be governed by and construed in accordance with the law of the principal place of business of Lessor or its assignee. You consent to jurisdiction and venue of any stale or federal court In the state the Lessor or ils assignee has its principal place of business and waive the defense of inconvenient forum. For any action arising out of or relling to this Agreement or the Eulement, BOTH PARTIES WAIVE ALL RIGHTS TO A TRIAL
13. MAINTENANCE AND SUPPLIES: You have elected to enter into a separate arrangement with Supplier for maintenance, inspection, adjustment, parts replecoment, drums, cleaning material required for proper operation and loner and developer (Arrangernent). You agree to pay all amounts owing under this Agreement regardless of any claim you have againsi Supplerrelating to he Arrangement. Supplier will be solely responsible for performing all sarvices and providing all supplies under the Arrangement. You agree not to hotd Lessor (if different from Supplier) or any assignee of this Agreement responsible for Supplier's obligations under the Arrangement. As a convenience to you, we will provide you with one involce covering amounts owing under this Agroament and the Arrangement. If necessary, Supolier's obligations to you under tne Arrangement may be assigned by us. You agree to pay a monthly supply freight fee to cover the costs of shipping supples to you. Each month, you are entilled to produce the minimum number of pages showm on page 1 of this Agreement for each applicable page lype. Regardless of the number of pages made, you will never pay less than the minimum Payment. You agree to provide periodic meter readings on the Equipment. You agree to pay the appicable overage charge for each metered page that exceeds the applicatle minimum number of pages. Pages made on equipment marked as not financed under this Agreement will be included in determining your page and overage charges. At the and of the first year of this Agreement, and once each successive 12-month period hereafter, he maintenance and supples portion of the Payment and the overage charges may be increased by a maximum of 15% of the existing payment or charge. In order to faciftate an orderly transition, the start date of this Agreement will be the date the Equipment is delivered to you or a date designated by us, as shown on the first invoice. If a later start date is designated, In addition to all Payments and other amounts due hereunder, you agree to pay us a transitional payment equal to 1/30th of the Payment, multiplied by the number of days between the date the Equlpment is delivered to you and the designated start date. The first Payment is due 30 days after the start of this Agreement and each Payment thereafter shall be due on the same day GoodSuite Lease Agreement Service Addendum
Speed - Innovation Technology
CUSTOMER NAME CUSTOMER BILLING ADDRESS
City Of Parlier 1100 E. Parlier Avenue
Parlier, CA 93648
Deal Number: DN-112899
Overages billed: • Monthly •Quarterly Semi-Annually O Annually * One page is defined as standard single-sided x 11" image SERVICES: SUPPLIER will provide CUSTOMER a service contract for all equipment and accessories as listed on the lease agreement and Schedule A, if applicable. SUPPLIER will provide onsite support as listed in the addendum.
TERM OF AGREEMENT: This Agreement shall have a term of 63 months, unless terminated. This Agreement shall commence immediately upon approval of Agreement by both parties.
Terms and Conditions
General Scope of Coverage
This agreement covers both the labor and the material for adjustments, repairs and replacement of Termination and Renewal parts as necessitated by normal use of the equipment except as hereinafter provided. Supplies will This agreement will be renewed at the end of the current term unless customer gives written notice be included, excluding paper and staples. All supplies will be compatible to OEM unless noted in this of its intention not to renew at least thirty (30) days before the expiration of the current term. agreement. Supplies will be shipped based on actual usage, as measured by the equipment device Supplier may terminate the contract at any time. Written notice will be given to the customer at information software. Supplies requested in excess of those justified by usage, or that have been least 30 days in advance of the cancellation. If the customer requests early contract termination misplaced by the customer, are billable. Damage to the equipment or its parts arising out of misuse. before the contracted, or any renewal end date, customer agrees to pay remaining term monthly abuse, circumstances beyond Supplier's control, negligence, faulty power supplied from base fees plus three month's estimated usage charges. If the equipment covered by this contract is building/premises or power surges, not resulting from a power failure on the device, may be sold under a lease, the service contract end date will coincide with the scheduled lease end date, billable. Supplier will not be liable for delays or inability to service caused directly or indirectly by unless the lease is terminated prior to scheduled end date or Supplier notifies the customer strikes, accidents, climate conditions, parts availability, unsafe travel conditions, or other reasons otherwise. beyond our control. IT services are not included in this agreement. Supplier may terminate this Shipping agreement in the event equipment is modified, altered, or serviced by personnel other than those Supplies may be subject to shipping fees. Emergency, same day, next day and special customer employed by Supplier or without the consent of Supplier. This agreement is subject to price and request for supplies will be subject to shipping cost. provision changes without notice and is subject to increase. Governing Law Availability This agreement will be governed by and construed in accordance with the laws of the State of Supplier business hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding Supplier California applicable to agreements made and/or to be performed in California, without regard to company holidays. any choice of law provisions thereof
CUSTOMER Obligations Additional Terms
Notify Supplier if customer wishes to relocate a managed device and Supplier will advise customer This agreement supersedes all prior discussions or understandings between the parties. This if services can be continued at the new location. A change of location may result in a change of the agreement cannot be changed or terminated orally. No modification of this agreement shall be contract terms. If services are not available, the agreement will be terminated. binding unless signed by the party against whom it sought to be enforced. If any provision of this Customer agrees (a) to install Supplier meter reading and equipment device information software agreement is held to be invalid or unenforceable, the remainder of the agreement shall still be (including any updates, patches, or replacement software) on customer network so that meter reads construed as valid and enforceable. No waiver shall be deemed to be made by any party of any ofits and equipment device information can be retrieved from the equipment and transmitted via the rights hereunder unless, the same shall be in writing signed by the waiving party and any waiver Internet to Supplier (b) to the end-user license agreement for such software, (c) to keep the shall be a waiver only with respect to the specific instance involved and shall in no way impair the workstations or server hosting data collection software powered on and connected to the rights or obligations of any party in any respect at any other time. equipment via your network during normal business hours, except during network outages and Prints larger than 8.5"x11" single sided will be billed as multiple impressions. This agreement does routine network maintenance, and (d) not to disable, disassemble, reverse engineer or otherwise not cover wide format equipment. interfere with the operation of the software. If Supplier fails to receive meter reads or device If the customer does not pay all charges for services as provided hereunder, promptly when due:
information on the equipment, you are in breach of this agreement. If you do not provide Supplier (1) Supplier may (a) refuse to provide service or supplies for the equipment or (b) furnish service with meter readings within five (5) days of the date of our request, then (a) We will estimate the and supplies on a C.O.D. "Per Call" basis at published rates and (2) the customer agrees to pay number of prints used and invoice you accordingly, (b) We will charge a fee in the amount of $25.00 Supplier costs and expenses of collection including the reasonable attorney's fee permitted by law per piece of equipment per month for which we do not receive meter readings or when we must in addition to all other rights and remedies available to Supplier. If you fail to make any payment dispatch personnel to obtain reads onsite and (c) undercharged meters will be billed upon receipt within fifteen (15) days of the date payment is due, Supplier may require immediate payment of the of actual meters reads; overcharged meters are not refundable. If you do not provide Supplier with entire amount due. Late payments are subject to a 1.5% monthly finance charge. We assess a $25 meter readings within fifteen (15) days of the date of our request, we may refuse to provide service fee for returned payments. or supplies for the equipment. You agree to utilize only cartridges sold by or approved by Supplier Upon Breach or Termination of agreement, customer will be responsible for purchasing the for use in equipment maintained under this agreement. You agree not to use supplies provided remaining toner in devices covered under this agreement. Toner will be billed based on percentage under this agreement in any equipment not covered by the agreement. of life left and at our standard published rates per toner cartridge. "SUPPLIER" GoodSuite "CUSTOMER" City Of Parlier
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
HQ: 21109 Oxnard Street, Woodland Hills, CA 91367 Phone: 818.874.1200 Facsimile: 818.715.9003 MA REV 2021-11 Fresno: 7560 North Del Mar Avenue, Fresno, CA 93711 Phone: 559.446.0123 Facsimile: 559.446.0193 GoodSuite APPLICATION NO. AGREEMENT NO
Schedule "A"
Speed - Innovation • Technology
This Schedule "A" is to be attached to and becomes part of the above-referenced Agreement by and between the undersigned and Goodsuite.
EQUIPMENT DESCRIPTION
NOT
FINANCED
UNDER THIS
MAKE/MODEL/ACCESSORIES SERIAL NO. STARTING METER AGREEMENT Sharp BP-70C45 - City Hall Finance Main Office
Sharp BP-70C45 - Police Department Main Office
Sharp BP-70C45 - Parlier Academy Main Office
Sharp BP-70C45 - City Hall Break Room
Sharp BP-70C31 - Public Works Main Office •
Sharp BP-70C31 - Police Department/Annex Room
Sharp C407F - City Manager
Sharp C407F - Assistant City Manager
Sharp C407F - Finance (Sandra/Janet)
Sharp C407F - Code Enforcement/Community Development
Sharp C407F - Finance Director (Ellie)
Sharp C407F - Police Department Chief
Sharp C407F - Finance (Danny)
Sharp C407F - Finance Admin (Sophie)
Sharp B427W - Parlier Academy Blue Room
Sharp B427W - Parlier Academy Red Room
Sharp B427W - Parlier Academy Green Room
Sharp B427W - Parlier Academy Yellow Room
•
CUSTOMER ACCEPTANCE
This Schedule "A" is hereby verified as correct by the undersigned Customer.
City Of Parlier
X
CUSTOMER SIGNATURE TITLE DATED
31679(2017) Rev. 05/14/2019
FISCAL FUNDING ADDENDUM
Full Legal Nanse CITY OF PARLIER _ DBA Name (If Any)
Billing Address 1100 E. PARLIER AVENUE Phone Number.. 559-646-3545
CUSTOMER
City PARLIER County FRESNO State CA Zip Code_93648
Agreement Number _ Agrcoment Date
Customer warrants that it has funds available to pay all rents the "Payments") payable under the above identified Agreement until the end of Customer's cur- rent appropriation period. if Customer's legislative body or other funding authority does not appropriate funds for Payments for any subsequent appropria- tion perlod and Customer does not otherwise have funds avallable to lawfully pay the Payments (a "Non-Appropriation Event"), Customer may, subject to the conditions herein and upon prior written notice to Company the "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 due Company coming due after the Non-Appropriation Date. As a condition to exercising its rights under this Addendum, Customer shall (1) provide in the Non-Appropriation Notice a certification of a responsible official that a Non-Appropriation Event has occurred, (2) 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, (3) return the equipment/system subject to the Agreement (the "Equipment/System") on or before the Non-Appropriation Date to Company or a location des- ignated by Company, in the condition required by, and in accordance with the return provisions of the Agreement and at Customer's expense, and (4) 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 relain all sums paid hereunder or under the Agreement by Customer, including the Security Deposit (if any) specified in the Agreement.
Customer further represonts, warrants and covenants for 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. b) Customer is authorized under the constitution and laws of the State, and has been duly authorized to enter into the Agreement and the transaction con- templated hereby and to perform all of its obligations thereunder.
The Agreement constitutes the fegal, valid and binding obligation of Customer enforceable in accordance with its terms, except to the extent limited b appicabie bankrupty, insolvency, reorganization or other laws affecting creditors" rights generall (d) Customer has complied with such public bidding requirements as may be applicable to the Agreement. ) The Equipment/System described in the Agreement is essential to the function of Customer or to the service Customer provides to its cilizens. Custom is an immediate need for, and expects to make immediate use of, substantially all the Equipment/System, which need is not temporary or expected to dimi ish in the foreseeable future.
) Custamer has never failed to appropriate or otherwise make available funds sufficient to pay rental or other payments coming due under any lease, Isase purchase, installment sale or other similar agreement.
CUSTOMER AGREES THAT A FACSIMILE COPY OR OTHER ELECTRONIC TRANSMISSION OF THIS DOCUMENT WITH FACSIMILE AND/OR ELECTRONIC SIG- NATURES MAY BE TREATED AS AN ORIGINAL AND WILL BE ADMISSIBLE AS EVIDENCE IN A COURT OF LAW.
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