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<br />3. COMPENSATION <br /> <br />a. City agrees to pay, and FAAC agrees to accept as total payment for the lease of said <br />Equipment, a monthly rental fee of $3,076.01. City shall also pay $5000.00 annually (which <br />may be paid in twelve equal payments of $416.67) for software updates. Upon the first <br />anniversary date of this Agreement, City shall pay an an,nual fee of $5,790.00 (which may be <br />paid in twelve equal payments of $482.50) for Basic Extended Warranty. <br /> <br />b. Payment by City shall be made monthly, on or before the 15th day of each month, <br />subject to City accounting procedures. <br /> <br />4. DELIVERY <br /> <br />4.1 Delivery shall be made within 120 days following execution of this Lease <br />Agreement by both parties. FAAC will make reasonable effort to meet any delivery date <br />quoted. However, FAAC will not be liable for its failure to meet the quoted delivery date or for <br />any damages caused by delay in shipment, installation or furnishing of hardware or software <br />under these terms where such failure is due to fire, war, civil commotion, labor disputes, failure <br />of transportation, acts of God, loss of power, air conditioning or humidity control or other causes <br />beyond FAAC's control. <br /> <br />4.2 FREIGHT, TITLE, AND RISK OF LOSS. FAAC will pre-pay and bill City for <br />all freight charges. Title to the Equipment will pass to City upon its exercise of the Option to <br />Purchase. Title to Software will not pass to City at any time. Risk of loss will pass to City upon <br />delivery of the Equipment to the City. FAAC will pack and ship all Equipment in accordance <br />with good commercial practices. <br /> <br />4.3 City shall procure and/or maintain insurance on said Equipment for the full <br />insurable value thereof during the entire term of this Lease Agreement, or until City exercises its <br />Option to Purchase and pays the entire purchase price, as set forth in Section 2, above. <br /> <br />5. INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to the Customer at <br />the following address: <br /> <br />Santa Ana Police Department Administration Facility <br />Attn: Lt. John Gabelman <br />60 Civic Center Plaza <br />P.O. Box 1981 <br />Santa Ana, California 92701 <br />Telefacsirnile (714) 245-8007 <br /> <br />The Equipment will be shipped to the Customer at the above address. <br /> <br />6. INSTALLATION <br /> <br />FAAC shall install the simulators at City facility. FAAC shall have no responsibility to <br />connect hardware to any equipment not furnished by FAAC. <br /> <br />Santa Ana, CSA <br />FAAC <br /> <br />Page 3 <br /> <br />2.6-06 <br /> <br />------ <br />