HomeMy WebLinkAboutHewlett - Packard Financing Agreement
Augusta Richmond GA
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DOCUMENT NAME: H I5Wl..e T1- PACKfl!2.'O rl i\1AfIlCltJj ~ <<:;t!/5'C51 11
DOCUMENT TYPE: A<j R.~E fY'1C2..6\>'
YEAR:) ~ q 1
BOX NUMBER: 'r}
FILE NUMBER: Ill's D ~
NUMBER OF PAGES: I ~
.;
.'
Hewlett- Packard
Product Schedule
& Payment Agreement - Page 1 of 2
Company
information:
Full Legal Namel Richmond County
. Street Addressl 530 Greene Street, Annex 101
City I Augusta Countyl Richmond
Statel GA Zip Code I 30901
Federal Tax 1.0.# I 5'~ -:<;lD - 4()74
Contact I Gary Hewitt Phone I (706) 821-2525
@ .. Taxable 0 Direct Pay Permit ria Tax exempt
o Paid Upfront 0 Billed Upfront (financed) IX! Billed with each payment
(fiJ. Include in rate 0 Bill as additional 0 Lessee pays directly ~ Lessee is exempt
. Street Addressl Same As Above
City I
Statel
Street Address I Same As Above
City I
State I
Contact I
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Please use the julllegal
name of your company
Tax Status
(a/J,(]J;h documentation
if applicable)
SalesIlIse ~ .
Personal property tax
Product Location
(if other than above)
Billing Address
(if other than above)
Our
agreement
includes:
The items checked are
incorporated and by
this reference made a
part of this agreement
Financing Agreement No,
2006
"A"
Countyl
Zip Code I
County I
Zip Code I
Phone I
.
00 Master Lease # I MA0001SO
o First Year Support Coverage
o Early Buyout Schedule dated I
~ I Financing Agreement
o HP Purchase Agreement # I
o Multi Year Support Coverage
01
01
01
01
The
product
schedule:
Please attach
Equipment Quote
or complete this
Schedule.
'n
.
Please see the attached Hewlett Packard Quotation CNTK-250/R dated 7/8/97,
5 ~51u.$(; TJtI IS NO" 1~~Lipe:i) /~ JJer Pr/~ oll..
P.6YMe'Al1' A~~Nr.
Net Prioe . Hardware
$68,879.56
$17,827.50
$86,707.06
$6,162.15
Total Net Prioe . Produot
Net Prioe - Software
System Support
Less:Down Payments/Credits
Total Net Prioe - Product
$86,707.06
$92,869.21
Amount to Finance
Lease
payments:
Flin- HEWLETT
~e.. PACKARD
.
Term
(in months)
36
Number of Payments
Payment Amount
(plus applicable taxes)
$2,380.24
Payment Frequency
Monthly
36
FRD079602
"
,
Hewlett-Packard
Product Schedule
& Payment Agreement - Page 2 of 2
. This agreement
is for an:
.
"A"
2006
Financing Agreement No,
01
01
o HP Installment
o HP Easy Rent
Q9 HP Lease
o HP Rental
written notice,
If Lessee has selected a fixed-price purchase
option, during the renewal period, such
purchase option shall be re-determined
based on the total lease term.
IF LESSEE EXERCISES ITS OPTION TO
PURCHASE THE PRODUCT, IT IS SOLD IN
IT'S THEN 'AS IS' CONDITION AT ITS
LOCATION WHEN THE OPTION IS
EXERCISED,
purchased;
l.Non-Cancellable: THIS AGREEMENT
CANNOT BE CANCELLED OR TERMINATED
EXCEPT AS EXPRESSLY PROVIDED FOR
HEREIN.
OR
o One Dollar ($1.00) for each Product
(available only for State and Local
Government Leases or with special
approval);
OR
D Fixed Purchase Option of % of
the original amount to finance of the
Product to be purchased (less discounts if
applicable) plus any accrued late charges
and taxes applicable to the transfer of this
Product.
(ii) Except for HP ChannelRent and
EasyRent, renew all or some of the
Equipment covered by this Agreement for an
additional non-cancellable period of twelve
(12) months for the:
Net Prloe of Equipment to be Renewed X E Or,~nal ~
onthly I 75~
Tol&! Net Prloe or Equipment Payment
ill) renew all or some of the Produc
covered by this Agreement on a
month-to-month basis for the:
Net Prloe of Equipment to be Renewed X [Original ]
Monthly
4.Purchase. Renewal. Return Options: Tol&!NetPrioeorEquipment Payment
Provided that no event of default has IV) return in accor ance with the
occurred and is continuing to occur at the referenced Financing Agreement any
end of the initial non-cancellable lease term Product covered by this Schedule that is not
or subsequent renewal term, Lessee shall purchased or renewed.
have the option to exercise the following If Lessee fails to notify Lessor of its
options by providing Lessor with at least intentions at least sixty (60) days prior to
sixty (60) days prior written notice of its the expiration of this Schedule, it is agreed
intent to: that Lessee shall renew all of the Product
(i) purchase all or some of the Product covered hereunder in accordance with
covered by this Agreement for: option (ill) above,
(CHECK ONE) During the renewal period, Lessee may
IXI The then fair market value of each purchase all or some of the Product covered
Product to be purchased. Lessor will advise hereunder for the price computed in
Lessee in writing as to the then applicable accordance with option (i) above by
Fair Market Value for each Product to be providing Lessor with sixty (60) days prior
. By execution hereof, the signer certifies that slhe has read this agreement and that slhe is duly au rized to execute this agreement on behalf of Lessee.
8.FinanciM Statement: Lessee hereby nominates and appoints essee: c
Lessor as its attorney-in-fact for the sole purpose of executing on
Lessee's behalf financing statements (and any appropriate
amendments thereto) under the provisions of the Uniform
Commercial Code for protective purposes,
2.Term: The term of this Schedule and
Agreement for each Product covered
hereunder shall commence upon the date
Lessor executes the same and shall expire
36 months following the "Rent
Commencement Date" as defined in
paragraph 2 of the Financing Agreement, or
on the expiration of any applicable renewal
period. However, if Lessee has executed this
Schedule and the Product ordered has been
delivered prior to Lessor's execution
thereof, the term of this Schedule and
Agreement shall be effective on the date of
execution by Lessee,
5,Earlv Buyout Option: At its option
beginning with the fourth (4th) month
following the Rent Commencement Date,
Lessee may purchase all of the Product in its
then "as is" condition at its location when
the option is exercised, Except for leases
with Fair Market Value purchase options,
the purchase price shall be determined from
the referenced Early Buyout Schedule, The
early buyout purchase price for leases with
Fair Market Value purchase options shall be
such that Lessor's projected yield from the
lease shall be preserved,
3.Interest: [Applicable only to Installment
sales and leases with $1.00 buyout options]
The interest to be paid under this Schedule
and Payment Agreement is
6,Product Up.l!rade/Add-On: At its option but
subject to Lessor's prior written consent,
Lessee may enhance or upgrade those items
covered under this Schedule by leasing
additional or upgrade Product on a then
currently marketed Lessor upgrade
program, Such additional or upgrade
equipment shall be scheduled on a new
Product Schedule and Payment Agreement.
7,Up.e:rade Credit: If this Schedule reflects
an upgrade credit for Product to be returned
by Lessee, Lessee agrees to return such
Equipment within thirty (30) days of
delivery and acceptance of the new Product
acquired hereunder to Lessor's remarketing
facility.
~
~k.
Date
Title
FRD079602
TIIiJ _ulIl,nr IPPl'OV'd II
~t~JJ)WJ.
"" r 9 7
Flin- HEWLETT
~~ PACKARO
Hewlett- Packard
Financing Agreement - Page 1 of 2
"
Master Agreement
MA000150
Financing Agreement No.
Lessee Richmond County
Lessor hereby agrees to finance for Lessee and Lessee hereby agrees to finance with Lessor, subject to the terms of this Financing Agreement ("Agreement.), the personal
property together with all attachments, replacements, parts, substitutions, additions, software licenses, repairs, support, consulting, and accessories incorporated/affixed.
whether or not provided by Hewlett-Packard (.Product") described in any Lessor Product Schedule ("Schedule.) executed by the parties pursuant to this Agreement.
1. Non-Cancellable
This Agreement shall be effective as of the
date of execution by Lessee and shall expire
as set forth in said Schedule, THIS
AGREEMENT AND ANY SCHEDULES
EXECUTED HEREUNDER CANNOT BE
CANCELLED OR TERMINATED EXCEPT AS
EXPRESSLY PROVIDED HEREIN,
2. Rent; Acceptance of Product
Lessee shall pay to Lessor for use of the
Product during the initial and any renewal
term of any Schedule, the payment amount
specified on said Schedule ("Rent"), Rent
shall begin to accrue upon delivery and
acceptance of Product ("Rent
Commencement Date") , Lessor reserves the
right to charge interest on any balance
which exceeds 30 days past due, Rent shall
accrue whether or not Lessee has received
notice that such payment is due, Where
installation is included in the amount
financed, Lessee's acceptance will be
presumed unless Lessee demonstrates
within 14 days after delivery that the
Product is not acceptable,
3. Taxes; Insurance
Lessee agrees to pay to Lessor, when due, all
license fees, assessments, sales, use,
personal property, excise, and other taxes
except for taxes based on Lessor's income,
now or hereafter imposed on the Product or
the possession, operation or use thereof,
Unless Lessor approves self-insurance by
Lessee, Lessee shall obtain and maintain
liability insurance and insurance against
loss or damage to the Product. Upon
request, Lessee shall furnish to Lessor a
Certificate of Insurance or other evidence to
Lessor that such insurance coverage is in
effect.
4. Loss or Damage
Lessee shall bear the entire risk of loss or
damage to the Product from any cause
whatsoever from the date of delivery to
Lessee until it is returned per paragraph II
below and received by Lessor, Lessee shall
promptly notify Lessor of any loss or damage,
No loss or damage shall relieve Lessee of the
obligation to pay Rent or perform any other
obligation under this Agreement. In the
event of loss or damage, Lessee, at Lessor's
option, shall either place the Product in
good condition and repair or pay Lessor the
FliOW HEWLETT
~~ PACKA~[J
buyout option price set out in the applicable
Schedule,
5, Intellectual Property Rights
Unless otherwise stated in writing by Lessor,
Lessor copyrighted material (software and
printed documentation) may not be copied
except for archival purposes, to replace a
defective copy or for program error
verification, If Lessor's software license is
included in Product, then Lessor's standard
software terms shall apply and be
incorporated herein by reference. Lessor
will defend or settle any claim against
Lessee that an HP Product or Support
delivered under this Agreement infringes a
patent, utility model, industrial design,
copyright, mask work or trademark in the
country where Lessee uses the HP Product
or receives Support, provided Lessee: (i)
promptly notifies Lessor in writing of the
claim; and (ii) cooperates with Lessor in,
and grants Lessor sole authority to control
the defense and any related settlement.
Lessor will pay the cost of such defense and
settlement and any costs and damages
finally awarded by a court against Lessor, If
such a claim is made, Lessor may procure
the right for Lessee to continue using the HP
Product, may modify the Product or replace
it, If use of the HP Product is enjoined by a
court and Lessor determines that none of
these alternatives is reasonably available,
Lessor will take back the HP Product and
refund its depreciated value if a purchase
option has been exercised, Lessor has no
obligation for any claim of infringement
arising from: (i) Lessor's compliance with
any designs, specifications or instructions of
Lessee; (ii) modification of the HP Product
by Lessee or a third party; (iii) use of the HP
Product in a way not specified by Lessor; or
(iv) use of the HP Product with Non-HP
products not supplied by Lessor, These
terms state the entire liability of Lessor for
claims of infringement by Products and
Support supplied by Lessor,
6. Identification; Personal Property
If Lessee is in compliance with the terms of
this Agreement and applicable Schedules,
Lessee shall have quiet enjoyment of the
Product. No other right, title or interest
shall pass to Lessee, Lessor, at its own
expense, may require identification
markings to be affixed to or placed on the
Product to give notice of Lessor's ownership
thereof, Lessor and Lessee hereby confirm
their intent that the Product shall always
remain and be deemed personal property
even though said Product may hereafter
become attached or affixed to real property,
7. Use; Relocation; Assignment
Lessee will operate the Product in
accordance with manufacturer's manuals
and instructions, by competent and duly
qualified personnel only, in accordance with
applicable governmental regulations, if any,
and for business, medical, scientific, or
commercial purposes only, and not for
personal use, Lessee agrees not to sell,
assign, sublet, hypothecate or otherwise
encumber or suffer a lien upon or against
any interest in this Agreement, any Schedule
hereunder, or the Product. Lessee also
agrees not to alter or remove the Product
from its original location without Lessor's
prior written consent, which consent shall
not be unreasonably withheld. Relocation by
Lessor's support personnel shall not
constitute notice to Lessor.
8. Support; Repairs
If Lessee finances Support for computer
products, the terms of this Agreement, and
HP System Support Options (Exhibit SS),
shall apply except that the term of the
financed support is non-cancellable,
notwithstanding any provision to the
contrary in Exhibit SS, Lessee
acknowledges that the finance period and
Support period may not correspond, If no
order for Support is made, Lessee, at its own
costs and expense, shall keep the Product in
good repair, condition and working order
and shall furnish all required parts,
mechanisms, devices, and servicing, and
said furnished items shall immediately
become a part of the Product for all
purposes hereunder.
9. Warranty
For HP Product, Lessee shall have the
benefit of applicable manufacturer's
warranties covering the Product which are
normally furnished to purchasers of
identical product manufactured by HP.
THIS WARRANTY IS EXCLUSIVE AND NO
OTHER WARRANTY, WHETHER WRITTEN
OR ORAL, IS EXPRESSED OR IMPLIED,
LESSOR SPECIFICALLY DISCLAIMS THE
IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE,
FRD079602
..
Hewlett- Packard
Financing Agreement - Page 2 of 2
Master ,'A,greement
MA000150
Financing Agreement No.
Lessee Richmond County
10. Non-HP Product; Non-HP Vendor
Lesse\) acknowledges that it has selected the
Vendor and Product supplied by Vendor,
LESSOR MAKES NO WARRANTY, EXPRESS
OR IMPLIED WHATSOEVER WITH
RESPECT TO VENDOR'S PRODUCT, AND
AS TO LESSOR, LESSEE ACQUIRES THE
PRODUCT "AS IS". If Vendor's Product is
not properly installed, does not operate as
represented or warranted by Vendor or is
unsatisfactory for any reason, Lessee shall
make any claim on account thereof solely
against Vendor and shall, nevertheless, pay
Lessor all payments due under the
Agreement. It is Lessee's sole responsibility
to acquire updates or other necessary
documentation to Vendor's Product. If
Lessee should forfeit any rights granted to
Lessee, or if Vendor terminates any rights
granted to Lessee, the payment shall
continue uninterrupted to Lessor. Lessee
agrees that it will not assert any defenses,
deduction, abatement, counterclaim or
set-off against Lessor, Lessee understands
and agrees that neither Vendor nor any
employee, agent, or representative of
Vendor is an agent of Lessor, No agent of
Vendor is authorized to waive or alter any
terms or conditions of this Agreement, and
no representations as to the Vendor's
Product or any other matter by Vendor shall
in any way affect Lessee's duty to make
payments and perform its obligations under
this Agreemen t,
11. Return of Product
Upon expiration or termination, Lessee, at
its own risk and expense, shall have the
Product packed for shipment in accordance
with manufacturer's specifications and shall
immediately return the Product to Lessor in
the same condition as when delivered,
ordinary wear and tear excepted, freight
prepaid and insured, to Lessor's remarketing
facility,
12. limitation of Liability
Lessor will be liable for damage to tangible
property per incident up to the greater of
$300,000 or the actual charges paid to
Lessor for the Product that is the subject of
the claim, and for damages for bodily injury available to Lessor at law or in equity, No
or death, to the extent that all such damages express or implied waiver by Lessor of any
are determined by a court of competent default should constitute a waiver of any
jurisdiction to have been directly caused by other default by Lessor or a waiver of any of
a defec~ve Product. fmanced hereunder, ~ssor's~~.~-- -- ~. . . ~'L9
Lessor WIll not be liable for performance ~~~V ~~~. u,1)"
delays or for non-performance, due to ", "
causes beyond its reasonable control. For
any material breach of Support services by ~ '
HP, Lessee's remedy and Lessor's liability , ,
will be limited to a refund of the related ~o ; '" \ '-9
Support charges paid during the period of 14. Governing Law u..... ~ V"
breach, up to a maximum of 12 months, This Agreement shall e governed by and
THE REMEDIES PROVIDED HEREIN ARE construed in accord ce with the laws of the
LESSEE'S SOLE AND EXCLUSIVE State of ' '. Nothing herein shall be
REMEDIES, IN NO EVENT SHALL LESSOR deemed to preclude or prevent Lessor from
BE LIABLE FOR LOSS OF DATA OR FOR bringing any action or claim to enforce the
DIRECT, INDIRECT, SPECIAL, provisions of this Agreement in any
INCIDENTAL, CONSEQUENTIAL appropriate state or forum.
(INCLUDING LOST PROFIT), OR OTHER
DAMAGE WHETHER BASED IN CONTRACT,
TORT OR ANY OTHER LEGAL THEORY.
13. Events of Default; Remedies
If Lessee fails to pay Rent when due and fails
to cure such breach within ten (10) days of
notice of same, or in the event of any other
breach of this Agreement, any Schedule
hereunder, or any other Agreement between
the parties hereto, or if any credit or other
information submitted to Lessor is false or
misleading in any material respect, or in the
event of any act of insolvency or bankruptcy
by or against Lessee, Lessor may, at its
option, exercise anyone or more of the
following remedies: (i) declare all sums due
and to become due under this Agreement
immediately due and payable; (ii) enter
upon the premises where the Product is
located and take immediate possession of
and remove the same; (ill) sell any or all of
the Product at public or private sale or
otherwise dispose of, hold, use or lease to
others said Product; (iv) exercise any other
right or remedy which may be available to
Lessor under applicable law, including the
right to recover damages for the breach
hereof, No remedy referred to herein is
intended to be exclusive but each shall be
cumulative and in addition to any of the
remedies referred to above or otherwise
15. Financing Statements
Lessee hereby nominates and appoints
Lessor as its attorney-in-fact for the sole
purpose of executing on Lessee's behalf
financing statements (and any appropriate
amendments thereto) under the provisions
of the Uniform Commercial Code for
protective purposes, related to this
Agreement and any Schedule hereunder,
16. Miscellaneous
(a) This Agreement, together with any
Schedules hereunder, and any referenced
addenda, exhibits or attachments shall
constitute the entire understanding between
the parties and supersedes any previous
communications, representations, or
agreements, whether oral or written; (b)
any notice or demands made hereunder
shall be in writing and by regular mail or
facsimile; (c) No change or modification of
any term or condition hereof shall be valid
or binding on either party unless made in
writing and signed by an authorized
representative of each party; (d) Any
provision of this Agreement which is
unenforceable in any jurisdiction shall as to
that jurisdiction only be ineffective to the
extent of such prohibition or
unenforceability without invalidating the
remaining provisions hereof.
By execution hereof. the signer hereby certifies that slhe has read this Agreement and the referenced Exhibits, and that slhe is duly authorized to ex~cute this Agr~ement on
behalf ofLessee, '
Flin- HEWLETT
~~ PACKARO
~
Date
TIQ ilocuIIllIl appIMd II FRD079602
~"J?J9?
Hewlett- Packard
STATE/LOCAL
GOVERNMENT RIDER
Financing Agreement No,
2006 "A"
The prOVISions of the aforementioned Agreement notwithstanding, Hewlett-Packard Company ("Lessor") and Lessee mutually
agree that:
1. Availability of Funds, Non-Appropriation of Funds
Lessee reasonably believes that funds can be obtained
sufficient to pay all monies due during the Agreement Term
and hereby covenants that it will do all things lawfully
within its power to obtain, maintain and properly request
and pursue funds from which the Agreement Payments
may be made, including making provisions for such
payments to the extent necessary in each budget
submitted for the purpose of obtaining funding, using its
bona fide best efforts to have such portion of the budget
approved and exhausting all available administrative
reviews and appeals in the event such portion of the
budget is not approved, It is Lessee's intent to make
Agreement Payments for the full Agreement Term if funds
are legally available therefor and in that regard Lessee
represents that the use of the Equipment is essential to its
proper, efficient and economic operation.
In the event no funds or insufficient funds are appropriated
and budgeted or no funds are otherwise legally available by
any means whatsoever in any fiscal period for Agreement
Payments due under this Agreement, then the Lessee will
immediately notify Lessor or its assigns of such occurrence
and this Agreement shall terminate on the last day of the
fiscal period for which approbations were received without
penalty or expense to Lessee of any kind whatsoever,
except as to the portions of Agreement Payments herein
agreed upon for which funds shall have been appropriated
and budgeted or otherwise available, In the event of such
termination, Lessee agrees to return Product to Lessor or
its assigns on the date of such termination, packed for
shipment in accordance with manufacturer specifications,
and freight prepaid and insured to any location in the
continental United States designated by Lessor, Lessor will
have all legal and equitable rights and remedies to take
possession of the Product.
Notwithstanding the foregoing, Lessee agrees (i) that it will
not cancel this Agreement under the provisions of this
paragraph if any funds are appropriated to it, or by it, for
the acquisition, retention or operation of the Product or
other equipment performing functions similar to the Product
for the fiscal period in which such termination occurs or the
next succeeding fiscal period thereafter and (ii) that it will
not during the Agreement Term give priority in the
application of funds to any other functionally similar
Flin- HEWLETT
~~ PACKARD
Product. This paragraph will not be construed so as to
permit Lessee to terminate this Agreement in order to
acquire any other equipment or to allocate funds directly or
indirectly to perform essentially the same application for
which the Product is intended,
2. Income Tax Indemnity
This agreement has been entered into on the basis that
Lessor or any Assignee of Lessor shall claim that the
interest paid hereunder is exempt from federal income tax
under Section 103(a) of the Internal Revenue Code of 1986
as amended, Should the United States Government
disallow, eliminate, reduce, recapture, or disqualify, in
whole or in part, any benefits of such exemption as a result
of any acts or omissions by Lessee or as a result of the
inapplicability of such section at the time this Agreement is
entered into because of the status of Lessee, Lessee shall
then indemnify Lessor by payment, at Lessor's election, of
either:
(a) Supplemental Payment to Lessor during the remammg
period of the Agreement Term in an amQunt necessary to
permit Lessor to receive (on an after tax basis over the full
term of the Agreement) the same rate of return that Lessor
would have realized had there not been a loss or
disallowance of such benefits, together with the amount of
any interest or penalty which may be assessed by the
governmental authority with respect to such loss or
disallowance; or
(b) A lump sum payable upon demand to Lessor which shall
be equal to the amount necessary to permit Lessor to
receive (on an after tax basis over the full term of the
Agreement) the same rate of return that Lessor would have
realized had there not been a loss or disallowance of such
benefits together with the amount of any interest or
penalty which may be assessed by the governmental
authority with respect to such loss or disallowance,
3, Authority and Authorization
Lessee represents and warrants that: (i) Lessee is a fully
constituted political subdivision or agency of the state or
local governmental unit where the Equipment is located; (ii)
the execution, delivery and performance by the Lessee of
this Agreement have been duly authorized by all necessary
action on the part of Lessee; and (iiil this Agreement
constitutes a legal, valid and binding obligation of the
FRD079660
Lessee enforceable in accordance ....,.0 its terms, Lessee
agrees that (i) it will do or cause to be done all things
necessary to preserve and keep the Agreement in full force
and effect, (ii) it has complied with all bidding requirements
where necessary and by due notification presented this
Agreement for approval and adoption as a valid obligation
on its part, and (iiil it has sufficient appropriations or other
funds available to pay all amounts due hereunder for the
current fiscal period,
4. Non-Assignability by Lessor
Lessor agrees that it shall not and will not sell, discount,
factor, hypothecate or otherwise dispose of its interest in
the Equipment and/or the above referenced Financing
Agreement,
5. Interest Recognition
Lessee and Lessor recognize and agree that a portion of the
rent hereunder is interest based on the total equipment cost
as shown on the equipment schedule, and calculated at the
rate of n/ a percent
n/a '10J per annum,
6. Ownership/Use of Equipment
Unless otherwise specifically acknowledged and agreed to
by Lessor, Lessee hereby represents and warrants that it is
and will remain the exclusive owner, user and operator of
the Equipment covered under this Agreement,
7. Form 8038-G Filing Requirements
Lessee herby acknowledges and agrees that:
(a) Pursuant to the requirements of Section 149 (e) of
the Internal Revenue Code of 1986, Lessee is
responsible for preparing, executing and timely filing an
"Information Return for Tax-Exempt Governmental Bond
Issues" ((,R,S, Form #8038-G) in connection with this
transaction,
(b) Lessee will provide Lessor with a copy of the I.R,S,
Form 8038-G on or before 45 days following the end of
the calendar quarter in which this transaction was
funded,
(c) Should Less.,,(! fail to properly and timely file a I.R,S,
Form 8038-G and to provide Lessor with a copy of the
same as provided for above, Lessee's monthly payment
shall be increased accordingly, the interest rate
applicable to this transaction shall increase to
n/a % per month from % per
th ana, retroactive to tne ongmal Rent
man
CUlIIJIlHIll,;t:HIH:l1ll Date under the above Agreement,
(d) Lessor will, on a best efforts basis, assist Lessee in
the preparation and filling of any Form 8038-G required
hereunder,
By execution hereof, the signer certifies that s/he has read this Agreement and that s/he is duly authorized to execute this
Agreement on behalf of Lessee,
~~
HEWLETT
PACKA~O
., ,
CLC
FRD079660
7
Hewlett-Packard
Product Schedule
& Payment Agreement - Page 1 of 2
Company
information:
Ple~e use the fuU legal
name of your company
Tax Status
(attach documentation
if applicahle)
SalesIlJse tax
Personal property tax
Financing Agreement No,
lS0SJA
. Full Legal Namel Augusta-Richmond County, Georgia
Street Addressl 530 Greene Street, Annex-101
City I Augusta Countyl I
Statel GA Zip Code I 30901
Federal Tax I.D.# I 5'8 - :l.l 0 Lf ).. 1 ~
Contact I Tommy Brown Phone I (706) 821-2528
~ _. 0 Direct Pay P.rmit ~ri!J Tax exempt
o Paid Upfront rJl 0 Billed Upfront (financed) IX! Bi~~th each payment
o Include in rate IJ1m - Bill Ili allliitislIsl 0 Lessee pays directly ~ Lessee is exempt
. Street Addressl Same As Above
City I
Statel
Street Address I Same As Above
City I
State I
Contact I
l:rrn~,i:~~):(~~W:~,:ijt~#r@p!,~~~Yd;9.ijf:lm~~~::lliim;:: """""" """'" """
Product Location
(if other than ahove)
Billing Address
(if other than ahove)
Our
agreement
includes:
The items checked are
incorporated and by
this reference made a
part of this agreement
The
product
schedule:
Ple~e attach
Equipment Quote
or complete this
Schedule,
~
Lease
payments:
rh~ HEWLETT
~~ PACKARO
Countyl
Zip Code I
Countyl
Zip Code I
Phone I
...........,...... ,-,....
..........................
...,.....,..,..............
............................
....................,.,..'..
......."........,...... ...
............. ............"
....... ...................
. . . . . . - . . . . . . . . . . . . . . . . . . . .
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.
IX! Master Lease # I MA000150
o First Year Support Coverage
o Early Buyout Schedule dated I
IX! I PPT Addendum
01
o Multi Year Support Coverage
01
01
01
.
The products listed on Premier Systems Integrators proposal. dated 2/16/99 for $252,284.90 are
hereby incorporated by this reference. This offer is contingent upon credit approval by Lessor and
Lessor reserves the right to change or revoke this offer based on the credit approval granted, if any.
.Proposal #AGF1699
Net Price. Hardware
$223,982.50
$16,268.00
Total Net Price. Produot I
$240,250.50
$12,034.40
Net Price. Soltware
Installation & Support
Uw:Down PaymenWCredJl.'I
Total Net Price. Produot I
$240,250.50
Amount In Finanoo
$252,284.90
'...
,J,('
Payment Amount "..~
(plus applicable taxes) ~
$6,607.34 erf-
~
.
Term
(in months)
36
Number of Payments
Payment Frequency
36
Monthly
FCBU089802
Hewlett- Packard
Product Schedule
& Payment Agreement - Page 2 of 2
. This agreement
is/or an:
.
1.Non-Cancellable: THIS AGREEMENT
CANNOT BE CANCELLED OR TERMINATED
EXCEPT AS EXPRESSLY PROVIDED FOR
HEREIN.
2.Term: The term of this Schedule and
Agreement for each Product covered
hereunder shall commence upon the date
Lessor executes the same and shall expire
36 months following the NRent
Commencement Date" as defined in
paragraph 2 of the Financing Agreement, or
on the expiration of any applicable renewal
period. However, if Lessee has executed this
Schedule and the Product ordered has been
delivered prior to Lessor's execution
thereof, the term of this Schedule and
Agreement shall be effective on the date of
execution by Lessee.
3.Interest: [Applicable only to Installment
sales and leases with $1.00 buyout options]
The interest to be paid under this Schedule
and Payment Agreement is
4,Purchase. Renewal. Return Options:
Provided that no event of default has
occurred and is continuing to occur at the
end of the initial non-cancellable lease term
or subsequent renewal term, Lessee shall
have the option to exercise the following
options by providing Lessor with at least
sixty (60) days prior written notice of its
intent to:
(i) purchase all or some of the Product
covered by this Agreement for:
(CHECK ONE)
/XI The then fair market value of each
Product to be purchased. Lessor will advise
Lessee in writing as to the then applicable
Fair Market Value for each Product to be
Financing Agreement No.
lS0SJA
IX! HP Lease
o HP Rental
01
01
o HP Installment
o HP Easy Rent
purchased;
written notice.
If Lessee has selected a fixed-price purchase
option, during the renewal period, such
purchase option shall be re-determined
based on the total lease term.
IF LESSEE EXERCISES ITS OPTION TO
PURCHASE THE PRODUCT, IT IS SOLD IN
IT'S THEN 'AS IS' CONDITION AT ITS
LOCATION WHEN THE OPTION IS
EXERCISED.
OR
o One Dollar ($1.00) for each Product
(available only for State and Local
Government Leases or with special
approval);
OR
o Fixed Purchase Option of % of
the original amount to finance of the
Product to be purchased (less discounts if
applicable) plus any accrued late charges
and taxes applicable to the transfer of this 5.Early Buyout Option: At its option
Product. beginning with the fourth (4th) month
(ii) Except for HP ChannelRent and following the Rent Commencement Date,
EasyRent, renew all or some of the Lessee may purchase all of the Product in its
Equipment covered by this Agreement for an then Nas is" condition at its location when
additional non-cancellable period of twelve the option is exercised. Except for leases
(12) months for the: with Fair Market Value purchase options,
N PI f Eq I be Re ed r Original ~ the purchase price shall be determined from
et ; oo,oN ~tme:tEqIo new X Monthly x 76:1: the referenced Early Buyout Schedule. The
ota et 000 ulpment Payment early buyout purchase price for leases with
ni) renew all or some of the Produc Fair Market Value purchase options shall be
covered by this Agreement on a such that Lessor's projected yield from the
month-to-month basis for the: lease shall be preserved.
NetPriooofEqulpmentlobeRenewed X [~o~~~ ] 6.Product Upl!rade/Add-On: At its option but
Tota' Net Prioo of Equipment Payment subject to Lessor's prior written consent,
iv) return in accor ance with the Lessee may enhance or upgrade those items
referenced Financing Agreement any covered under this Schedule by leasing
Product covered by this Schedule that is not additional or upgrade Product on a then
purchased or renewed. currently marketed Lessor upgrade
If Lessee fails to notify Lessor of its program. Such additional or upgrade
intentions at least sixty (60) days prior to equipment shall be scheduled on a new
the expiration of this Schedule, it is agreed Product Schedule and Payment Agreement.
that Lessee shall renew all of the Product
covered hereunder in accordance with
option (iii) above.
During the renewal period, Lessee may
purchase all or some of the Product covered
hereunder for the price computed in
accordance with option (i) above by
providing Lessor with sixty (60) days prior
7,Up~rade Credit: If this Schedule reflects
an upgrade credit for Product to be returned
by Lessee, Lessee agrees to return such
Equipment within thirty (30) days of
delivery and acceptance of the new Product
acquired hereunder to Lessor's remarketing
facility,
. By execution hereof, the signer certifies that slhe has read this agreement and that slhe is duly authorized to execute this agreement on behalf of Lessee.
8,Financinl! Statement: Lessee hereby nominates and appoints essee: u ta i ond Count , Geor ia
Lessor as its attorney-in-fact for the sole purpose of executing o~ $
Lessee's behalf financing statements (and any appropriate J Y
amendments thereto) under the provisions of the unirormtame
Commercial Code for protective purposes,
itle 1\1 A i () ~
I Le=ssor: w e -~k8rd comp~. I ~econd lessee authorization, ifneeded)
By ~ / ~ --=rLr.~'l) By
~-"'.J..~lJauI..~ Authorized ston-UltI
Name ~lr~rU~l~' Name
Title Financing ::)9MCeS Represer1t~t~ ~ -q C; Title
FliOW HEWLETT
~~ PACKARD
Date , 1"3/ /~9
Date
FCBU089802
Hewlett-Packard
Addendum
Financing Agreement No.
lS0SJA
The following modifications have been made to the Hewlett-Packard Financing Agreement and shall
become part of and subject to its terms & conditions which, except as modified herein, remain
unchanged and in full force and effect.
Paragraph 3. Taxes; Insurance - compliance
Add after sentence 1: "Lessee agrees that Lessor will invoice Lessee on an annual basis for personal
property tax, and Lessee agrees to reimburse Lessor promptly therefor."
Name
-,
wlett"':.'Packard Compa ........,
- C CLl) ---~ ~
Patricia oSfe:f'e Name
Financmg ::;eMCeS Represc! Ila~:~ ~ -l19 \)Pride
Title
Flin- HEWLETT
~~ PACKARC
Date
FRD059515
n, I ecnnOlO~::t r lnanCe
"tU"t-b"tO-O"tOO
,....c.
Premier Systems Integrators
2475 Northwinds Parkway, Suite 340, Alpharetta, GA 30004 Telephone: (770) 754-9555 Fax: (770) 754-9544
Prepoud For: ToPlllnJ' Browll
OrganitQtion: Augusto-Richmond CounJy, Go.
530 Grune Strut A-101
Aupsta, Go. 30901
Prqxud By: Mega" Bllrton
Date: 16-FeIJ..99
PropoSQI#: AG_Fl699
Telephone: 706-811-1528
Fax: 706-$1/-2530
HewleU-Packard K580
Unit Extended
Qre Feature Product De-fcriDtion Price Price
1 A4837 A K580 Svr wi 256 MB lID ECC Mern Solution $73,900,00 $73,900,00
1 A4837A 0S6 24x7 System Support-1st Yr, $6,738,00 $6,738,00 ~
I ASI73A K Class Factory Integration into Rack $850,00 $850,00
2 A4872A 240MHz PA-RISC 8200 CPU with 4 MB each $21,000.00 $42,000,00
2 A4872A ODl Factory integraterl
2 A4872A OS6 24x7 System Support-l st Yr. $751,00 $1,502.00 -
I A3747A Replace 256MB memory with 512MB $4,480,00 $4,480,00
7 DRH9300/512 512 MB memory board for K class Servers $4,000,00 $28,000,00
2 A3629A 9 GB FWD SCSI-2 Disk Drive
2 A3629A OD! Factory integrated $1,800,00 $3,600,00
I A3715A Fast CD-ROM Drive for HP 9000 Servers
1 A3715A ODS Complimentary CD ROM Drive
I A3542A 12GB DDS 3 OAT tape drive
1 A3542A OOl Factory integrated $3,599,00 $3,599,00
3 13591A HP Secure Web Console $595,00 $1,785.00
3 J3591A 0S6 24x7 System Support-I st Y r, $36,00 $108,00 -
2 A2969A 20 MB FWD SCST-2 interface $1,295,00 $2,590,00
2 A2969A 001 Factory integrated
2 A3404A HP-HSC 1063 Mbps FC K Class Adapter $2,700,00 $5,400,00
2 A3404A 001 factory integrated
I J3630BA Fibre Channel GB Mass Storage License
I J3630BA 001 Factory integrated
I J3630BA OS6 First Year of System Support Option, $240,00 $240,00 -
1 A3695A HP-HSC 4 slot expansion upgrade (I to 5) $8,000,00 $8,000,00
1 A3695A 001 Factory integrated
I B3920EA HP-UX Operating System Media for SClvers
) B3920EA APZ HP-UX version 10,20
H~ lecnnoiog~ rlnanCe
"tU"t-o"to-o..oo
,...J
I B3920EA ODl Factory integrated $195,00 $195,00
1 B3920EA AUA Instant ignition of JFS
1 B3920EA ABA U,S, - English localization
1 B39\9EA HP-UX Operating System License, Servers
I B3919EA APZ HP-UX version 10,20
I B3919EA aDI Factory integrated
I B3919EA UBI Credit for 2 user license ($995.00) ($995,00)
I B3919EA AGS HP-UX Unlimited user/upgrade nom 2 user S12,995,OO $12,995,00
1 B3919EA OSN Phone Assist & L ill for Unlimited Users $1,380,00 $1,380,00 ~
I B2433EB HP Micro Focus Object COBOL L 111 Dcvcl $2,350,00 S2,350.00 ,. .,-/
1 B2433EB 001 Factory integrated
I B2433EB AVN Release Notes
I B2433EB 0S6 First Year of System Support Option, $408,00 S408,oo .....
1 B370lAA HP OV GlanccPlus Pak Servers, McdiaIMan
1 B3701AA 001 Factory integrated
1 B3701AA APZ HP-UX version JO,20
I B370lAA 0S6 Telephone Assist System Support-1st Yr.
I B390IBA HP ClANSJ C Developer Bundle Server LTU
1 B390 lBA ODI Factory integrated
I B390lBA AE5 System license for HP 9000 tier 2 SPUs $3,150,00 $3,150,00
1 B390lBA 0S6 First Year of System Support Option, $324,00 $324,00 ~
] J2806CA AIM Adapter SW Media HP9QOO Srvr & Wkstn
1 12806CA AE5 System license for HP 9000 tier 2 SPUs
I J2806CA AVN Release Notes
1 J2806CA ODl Factory integrated
I J2806CA OS6 First Y car of System Support Option, S130.00 $130,00-
I A4902A HP9000 Std Rack System E41 $1,935,00 $1,935,00
I A5213AZ Rear Door for Std, Rack System E41 $400,00 $400.00
1 A5137AZ Modular Power Dist. Unit for std racks $150,00 $150,00
I A5137AZ AW4 200 - 240 volts North America $1]5,00 $1l5,OQ
1 A3661 BZ Model 30/FC Disk Array, Factory Rack $34,080.00 $34,080.00
1 A3661BZ 344 20 x 8,8GB Disk Drive Modules $39,000,00 $39,000,00
I A3661BZ 421 Add-on Power Supply For Model 30/FC $1,500,00 $1,500,00
I A366 J BZ 204 Dual SP630IFC Controller, 64MB Cache $24,840,00 $24,840,00
2 A3661BZ OZ4 2 Meter fibre channel cahle $110.00 $220,00
I A3661 BZ OS6 24x7 System Support-1st Yr, $3,894,00 $3,894,00 ~
I C4318SZ S1\.fART Family Full Height Enclosure $599,00 $599,00
C4318SZ 105 DL T 7000, Factory Racked $10,735,00 $10,735,00
I C4318SZ 106 Factory Integrated DL T 4000 Narrow Diff $6,000,00 $6,000,00
2 C4318SZ 802 2,5M 68 Pin lID Male/68 Pin HD Male Cable $140,00 $280,00
2 C4318SZ 836 WD 68 pin SCSI Terminator $65.00 $130,00
1 C4318SZ OS6 24x7 System Suppon-Ist Yr. $626,00 $626.00-
I 86132AA HP OV GlancePlus Pak Tier Two, r .nr $3,990,00 $3,990,00- /
1 B6132AA OS6 Telephone Assist System Support- J st Yr. $808,00 $808,00-
I C2791A Rack mount filler panels (quantity 6) $110,00 S110.00
I 12803B ATM/I55 Mbps HP-HSC Adapter card $1,900,00 $1,900,00
I 12803B 001 OC3 multi mode fiber interface
HI-' I echno 1 oC:;:::1 r 1 nance
~U~-b~t:I-t:l~bb
p...
~
12803B OS6 SW TEL; HW Wty=24X7; Sys Supp-lst Yr $31.00 $31.00 .
12803B OS4 Installation - System and Network $367,00 $367,00 '
B3929BA OnLine1FS License $0,00
B3929BA OS6 First Year of8ystcm Support Option, $636.00 $636.00 -
BJ929BA AEP System license for liP 9000 tier 3 SPUs 58,000.00 $8,000,00
B249IBA MirrorDisk/UX License for Servers $0.00
B249lBA AEP System license for HP 9000 tier 3 SPUs $16,900,00 $16.900,007
B2491BA 086 First Year of System Support Option, $432,00 5432,00
SYSTEM SOLUTION SUBTOTAL 5360,407.00
PREFERRED CUSTOMER DISCOUNT S108,J22.10
SYSTEMS SOLlTTJON TOTAL S252,284.90