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Home My WebLink About96-46 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 96-46 Being a By-Law to authorize the execution of a Lease Agreement with AT & T for Electronic PIN Pads for Interac/Credit Card acceptance capability. WHEREAS, in order to process the tax payments and other receipts of the Municipality, the leasing of PIN Pad Equipment which interfaces with a PC based cash register drawer system, represents a more cost effective alternative to a monthly rental of stand alone Interac equipment which is currently used by all Municipal Departments, The Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Municipality of Clarington and seal with the Corporate Seal, a Lease Agreement between AT & T and said Corporation, which is attached hereto and marked Schedule "A". By-Law read a first and second time this 12th day of February 1996. By-Law read a third time and finally passed this 12th day of February 1996. Mayor Clerk Z AT&T Capital Canada THIS AGREEMENT("Lease")between AT&T Capital Canada, Inc., 3650 Victoria Park Avenue,Willowdale, Ontario M2H 3F_4;Q1tEWLE "A" (G.S.T. Reg. No. R102440450 I Q.S.T. Reg. No. 1008225202T00001)and Customer: Customer No. ,Custoffoes'Full Legal Name(including French version,if any) Contact Name/Title THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON NANCY TAYLOR DEPUTY TREA . ,Customees'Address(Head Office) 1 Telephone No. 40 TEMPERANCE STREET ( 905) 623-3379 Provi Po$ta��jQde F ,9OWMANVILLE `�eNTARIO lrll 3A6 (0§0`5) 623-4169 V '� lkL GOVERNMENT No.of Years in Business VA6*0 DOMINION BANK 13 1kAddresh ld_Copta t/a VSHAWArONTARIO L1H 7L3/PHIL HERDMAN(T§Itf�'JDf Tg'-544 "JcT lufL-b04-0395-074300 Trade References: - L Contact Name/Title `# Telephone No. 2. ( ) Lease No. VEASF, 1111,7 AILS I I-1 1 1 1 1 1 1 1 1 1 Vendor's Full Legal Name(if different from Lessor) Contact Name Vendor's Address Telephone No. Equipment Location Name and Address of Landlord it Equipment Location is rented Quantity Equipment Description(include model&serial nos.where available;attach&refer to Addendum if necessary) K21 Pin Pad (includes 3 year manufacturer's warranty) Term Payments will be made:IN ADVANCE No.of Payments Net Rental Payment G.S.T. Provincial Sales Tax Total Rental Payment No.of Months 36 i7 Monthly❑ Quarterly❑ Semi-Annually❑ Annually 36 $ 16.00 $ $ $ IINV01("I? 01910N INVOICE A. I select pre-authorized B. My Net Rental Payment OPTION payments and decline exceeds$150 per payment Qnitiai A or B) invoices (Initial) and I request invoices. (Initial) LESS0IZ (Jis'IY)i'llill"k This Lease shaft not become binding upon Let Date of Lessor's Acceptance THE UNDERSIGNED ACKNOWLEDGES HAVING READ THE ENTIRE LEASE AND ACCEPTS THE TERMS AND until Lease shall ea follows: CONDITIONS INCLUDING THOSE ON THE REVERSE HEREOF M;IP. 0014:PQ��IITION OF THE LESSOR AT&T CAPITAL CANADA, INC. MUNICIPA-LITY OF CLARINGTON Date BY Name/Title E.ash of the undersigned affirms that they are duly authorized to execute this Lease on behalf of the Customer. Authorized Signature By: Nam 1 Title Shaded areas are to be completed before signing by Customer Authorized Signet Any changes must be Initialed only by Lease Signatories. By: / Name I Ti e CLERK Authorized Signa 'ITACNIS & C'ONDI (h In consideration of the covenants herein contained,including those on the reverse hereof,and other good and valuable consideration 4.Accepteric :Upon delivery and acceptance of the Equipment,Customer shall forthwith execute and deliver to Lessor a Delivery (the receipt and sufficiency of which is acknowledged),Lessor and Customer agree as follows. and Acceptance Certificate in form prescribed by Lessor unless Lessor,in its sole discretion,waives such execution and delivery by 1.Lee":Lessor hereby leases to Customer,and Customer hereby leases from Lessor,the equipment described in the Lease Details, executing this Lease prior to the receipt of such certificate and after the delivery of the Equipment. together with any parts,accessories,replacements,additions and accessions,tangible or intangible,now and hereafter relating thereto 5.Equipment Selection:CUSTOMER HAS PERSONALLY SELECTED THE EQUIPMENT AND LESSOR HAS ACQUIRED THE or ariixed thereon(collectively the"Elfulpmor ).THIS LEASE CANNOT BE CANCELLED OR TERMINATED BY CUSTOMER. EQUIPMENT AT CUSTOMER'S SPECIFIC REQUEST FOR THE PURPOSE OF LEASING IT HEREUNDER. CUSTOMER 2.Purchase Documents:If Customer has not issued a purchase order or entered Into an agreement with Vendor to purchase the ACKNOWLEDGES THAT THE SUITABILITY OF THE EQUIPMENT AND ITS INSTALLATION AND DELIVERY IS CUSTOMER'S Equ,pnent(a"Purchase Document"),Customer hereby agrees that Lessor may do so on Lessor's own behalf.If Customer has RESPONSIBILITY:THE FAILURE OF THE EQUIPMENT TO BE DELIVERED AND INSTALLED.TO OPERATE OR TO CONFORM TO entered wild a Purchase Document,Customer represents and warrants that title to the Equipment has not passed to Customer and,at CUSTOMER's REQUIREMENTS SHALL NOT LESSEN CUSTOMER'S OBLIGATIONS HEREUNDER. Lessor's option,Customer shall assign to Lessor its rights under the Purchase Document to purchase the Equipment and to acquire 6.Rentals:Customer shall,without notice from or request by Lessor,pay to Lessor during the Term of this Lease the total number of any related license of software,information and documentation(a"License") Except for the obligation to pay Vendor for the rental payments set forth in the Lease Details.Such rental payments shall be payable in advance to Lessor at the address indicated Equipment d(and only f)this Lease commences and is accepted by Lessor,Customer shall perform,satisfy and discharge all of the above(or other address notified by Lessor to Customer)as follows,first rental payment upon Customer's execution hereof and, parchsser's obligations undo any Purchase Document and License and any assignment by Customer to Lessor pursuant to this commencing after the calendar period covered by such first rental payment,s b:equent rental payments throughout the Term on(A) Section shall not include such obligations.The provisions of any Purchase Document or License do not modify Customer's obligations in the case of monthly payments,the first day or the fifteenth day of each month,vmiohevsr day is closer to the date the Lease to Lessor hereunder. commences,or(B)in the case of payments based on any other calendar period,on the fir.1 day of each such calendar period.Any 3.Term:This Lease is for an original tern(the"Term")commencing on the earlier of the Lease Commencement Date set out in the amount paid by Customer to Lessor prior to this Lease commencing which is in excess of such first rental payment shall be credited Delivery and Acceptance Certificate or,if Lessor waives a Delivery and Acceptance Certificate pursuant to Section 4,the Date of the towards Customer's final rental payments)in reverse order of occurrence,without interest.RENTAL PAYMENTS AND ANY OTHER Lessor's Acceptance set form above and ending at the expiry of the number of complete calendar months indicated under the heading AMOUNTS DUE UNDER THIS LEASE ARE PAYABLE WITHOUT SETOFF,COMPENSATION OR ABATEMENT AND IN NO EVENT "'emi'in the Lease Details. SHALL THE FIRST RENTAL PAYMENT BE REFUNDED TO CUSTOMER. LassaAADOCUment rncrn,r M„crnl rtlroet Can rawarea ciria fnr r::frtf:lnr,il tcarnle.�nrt nnnill"inn i Luhtr.lr nto nnrt of thla I rungn- h!0 1 4'�RR 11!94 Ail /