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HomeMy WebLinkAbout2015-219 IT - ePlus Group, Inc. for PC hardware $165,189.82 Installment Payment Agreement e Date:March 27,2015 1 00i1i �t`KCi THIS IS A NON-CANCELABLE,LEGALLY BINDING CONTRACT fi`tt ' LW,of LP Orange County yl;r} Street: Government Services City: Hillsborough State:NC County:Orange Zip: 27278 Customer Telephone(not cell): Center,200 South Cameron (919)245-2300 This Contract,as it may be amended or supplemented from time to time(the"Contract"),represents the final and only agreement between You and Us and may not be contradicted by evidence of prior,contemporaneous or subsequent oral agreements. There are no unwritten oral agreements between You and Us. The Contract can be changed only by a written agreement between You and Us. 1. CONTRACT.Customer("You"or"Your")agrees to finance through ePius Group,Inc.("We,""Us"or"Our")the Licensed Product listed below and all existing accessories, embedded software,additions,replacements and repairs("Asset")upon the terms stated herein.This Contract is non-cancelable and may not be terminated early except as set forth in Section 10. This Contract is not binding on Us until We sign below. West Campus Office Building,131 W.Margaret Lane,Hillsborough,NC 27278 ,Plus Technology,Inc. Asset Description: Qty Part Number Description Extended Price 1 FAS8020-R6 FAS8020-R6 0.00 2 FAS8020A-001-R6 FAS8020 HIGH AVAILABILITY SYSTEM 14,757.22 2 SW-2-802OA-PREMBNDL-C SW-2,PREMIUM BNDL,8020A,-C 49,479.30 1 X6226-R6-C CHASSIS,FAS8020,AC PS,-C 0.00 360 OS-ONTAP-CAP2-OP-C OS ENABLE,PER-0.1TB,ONTAP,PERF-STOR,OP,-C 19,882.80 16 OS-ONTAP-CAP3-OP-C OS ENABLE,PER-0.1 TB,ONTAP,ULTRA-STOR,OP,-C 7,492.80 2 X6562-R6-C CABLE,ETH ERN ET,5M RJ45 CAT6,-C 0.00 3 X6585-116-C CABLE,ETHERNET,3M RJ45 CAT6,-C 0.00 2 X6566B-05-R6-C CABLE,DIRECT ATTACH CU SFP+1 OG,0.5M,-C 114.00 2 X2065A-EN-R6-C HBA SAS 4-PORT COPPER 3/6 GB QSFP PCIE,EN,-C 1,681.06 2 X1049C-R6-C NIC 4-PORT COPPER GBE 11 PCIE,-C 1,050.66 1 X5515A-R6-C RACKMOUNT KIT,4N2,DS14-MIDDLE,-C,R6 60.04 2 X5526A-R6-C RACKMOUNT KIT,4-POST,UNIVERSAL,-C,R6 0.00 1 DOC-8020-C DOCUMENTS,8020,-C 0.00 6 X800-421.1-116-C POWER CABLE,IN-CABINET,C13-C14,-C 0.00 2 DS2246-18TB-24M-OP-R6-C DSK SHLF,4X20OGB,2OX900GB,MIXED,OP,-C 39,363.98 8 X6595-116-C CABLE,SAS CNTLR-SHELF/SHELF-SHELF/HA,3M,-C 720.40 4 X6553-R6-C CABLE,CNTLR-SHELF/SWITCH,2M,LC/LC,OP,-C 300.20 4 X6599A-R6-C SFP+OPTICAL 10GB SHORTWAVE,FAS80XO,-C 1,909.20 1 CS-02-NOINSTALL-4HR-VA SUPPORTEDGE PREMIUM 4HR ONSITE,W/O INSTALL,VA 27,978.16 Service months:36 1 SW-2-CL-BASE W-2-CL-BASE 0.00 Your Fiscal Period: to 'C ntrbc,,,,,,tt %ltivajic�t 36 Months Starttlate 8/1/15 Aasetrx $165,189.82 Na Na a $55,063.27 er Month O Quarter X Year Check here if Contract Payment Includes Sales/Use Tax: El 2. UNCONDITIONAL OBLIGATIONS.You agree that: (a) You, not We, selected the effective as of the Commencement Date. You authorize Us to record(and amend, if Asset(s)and the Supplier,(b)no statement made by the Supplier is binding on Us,(c) appropriate)a UCC financing statement to protect Our interests.You may be entitled Your obligations to Us are unconditional despite any Asset failure, (d) We are not a under Article 2A to the promises and warranties (if any) provided to Us by the party to any contract you may have with the Supplier, and no breach by the Supplier Vendor(s)in connection with or as part of the contract(if any)by which We acquire the will excuse You from performing Your obligations to Us, (e) if the Asset is Asset(s). You may contact the Supplier for an accurate and complete statement of unsatisfactory or if the Supplier fails to fulfill any obligation to You, You agree to those promises and warranties (if any), including any disclaimers and limitations of continue performing hereunder,and(0 You represent and warrant for Our benefit and them or of remedies. We hereby transfer to You, without recourse to Us, all that of Our assigns that, as of the time of execution of this Contract: (i) You are an automatically transferable promises and warranties,if any,made to Us by the Supplier entity organized and existing under the laws of North Carolina and have adequate or manufacturer corporate power to enter into and perform this Contract; ((i) This Contract has been 6. INDEMNIFICATION. To the extent allowable by law. We are not liable for any duly authorized, executed and delivered by You and constitutes a valid, legal and claims,damages(whether direct,indirect,incidental or consequential),losses or costs binding agreement enforceable in accordance with its terms;(iii)No approval,consent made against or incurred by You relating to the Asset(s)or this Contract. You shall or withholding of objection is required from any federal or other governmental authority indemnify and defend Us against any and all claims, damages. losses and costs or instrumentality with respect to the entering into or performance by You of this (including reasonable attorneys'fees)made against or incurred by Us re/atina to the Contract;and((v) The entering into and performance of this Contract will not violate Asset(s)or this Contract. This obligation shall survive the termination of this Contract. any judgment,order,law or regulation applicable to You. 7. ASSIGNMENT. You shall not sell, transfer, assign or otherwise encumber 3. TERM. This Contract will begin upon Your execution of this Contract (collectively. "Transfer"), or sublease. this Contract in whole or in part. We may, ("Commencement Date") and will continue for the number of months shown above without prior approval but upon notice to You, Transfer Our right to receive the ("Original Term") and is non-cancelable during the full Original Term, except as set Contract payments hereunder and Our security interest in the Assets, in whole or in forth in Section 10. part, to a third party (a "New Owner"), in which case We would retain all of Our 4. PAYMENTS. Contract Payments and other charges are payable in advance obligations under this Contract and the New Owner will have all of Our rights but none periodically as set forth above.Restrictive endorsements on Your checks are not binding. of Our obligations. To the extent allowable by law,You agree not to assert against the Payments will be applied to past-due and current-due charges in such order as We New Owner any claim,defense or offset You may have against Us. determine.Any security deposit or estimated future Governmental Charge paid by You is B. TAXES; OTHER FEES. You are responsible for all taxes and governmental non-interest bearing,and at the end of the Contract,the unused portion(if any)will be charges relating to the Asset(s) or this Contract (collectively, with such taxes, returned to You.if You Day late. You shall also Day a late fee of 5%of the amount that is "Governmental Charges"). late per month (or the maximum rate allowable by law,if less)until the date paid. If any 9.DEFAULT. You will be in default if,with respect to this Contract,(i)You fail to pay check is dishonored,We will charge a fee of$20. any sum within 5 days of the due date, (ii) fail to perform or observe any other 5. NO WARRANTIES. We are financing the Asset(s) to You "as is". We have not obligation;or(iii)any representation or warranty made by You to Us in connection with made and hereby disclaim any and all warranties express or implied,including without this Contract shall be untrue in any material respect. if You default, You agree We limitation,the implied warranties of merchantability and fitness for a particular purpose. may do any or all of the following: (A)cancel this Contract, (B) require You to stop You hereby grant Us a security interest in the Asset(s) and all proceeds thereof using the Asset(s), (C)require You to pay to Us on demand an amount equal to the IPA(Mar2011) sum of(i) all Contract Payments and other amounts then due and past due, (ii) all such policy. No insurance shall be subject to any co-insurance clause. Each insurance remaining Contract Payments for the Present Term discounted at a rate of 2% per policy shall be with an insurance carrier licensed to provide the insurance required herein annum,(iii)interest at the rate of 1.5%per month on the amounts specified in clauses in the State where the Assets) are located. You shall furnish to Us certificates of 'I"and"ii"above until the date paid,and(iv)all other amounts that may later become insurance or other evidence satisfactory to Us that such insurance coverage is in effect due hereunder and/or(E)exercise any other remedy available to Us under law. and that Us and Our Assignees are named as additional insureds, and, upon Our 10. APPROPRIATION OF FUNDS. You intend to continue this Contract for the term of request,You shall promptly provide Us with a copy of the insurance policy. Your liability this Contract and to pay the Contract Payments due under this Contract and other for loss shall not be diminished by any insurance payment less than the actual amount of amounts due hereunder.We acknowledge that You are a governmental entity and the the loss. validity of this Contract is based upon the availability of public funding under the statutory 13. RISK OF LOSS. (a)With regard to the Asset(s), commencing upon delivery and mandate.You reasonably believe that legally available funds in an amount sufficient to continuing throughout the Original Term,You hereby assume and shall bear the risk of pay all Contract Payments during the Original Term can be obtained. You further intend loss for any reason with respect to any damage,destruction,loss,theft,or governmental to do all things lawfully within its power to obtain and maintain funds from which the taking,whether partial or complete and whether through any fault or neglect of You or Contract Payments may be paid. Notwithstanding the foregoing,in the event that public otherwise;(b) If any Asset is damaged,You shall promptly notify Us and shall,at Your funds are not available and not appropriated to continue the term of this Contract for any expense, within a reasonable timeframe of such damage, cause to be made repairs Fiscal Period of You beyond the Fiscal Period first in effect at the Commencement Date, necessary to return such Asset to its previous condition. You shall then be entitled to You may terminate this Contract immediately upon written notice to Us of the receive from Us any insurance received by Us in connection with such damage;(c)In the unavailability and non-appropriation of public funds. All of Your obligations to pay the event any Asset is destroyed, damaged beyond repair, lost, stolen, or taken by Contract Payments due after the end of the Fiscal Period for which such termination governmental action for a stated period extending beyond the Original Term(an"Event applies will cease,all of Your interests in the unpaid Assets will terminate and You shall of Loss"),You shall promptly notify Us and pay to Us,on the next Contract Payment date surrender the unpaid Assets in accordance with this Contract. Notwithstanding the following such Event of Loss,an amount equal to the Casualty Value amount for such foregoing, it is expressly agreed that You shall not activate this non-appropriation Asset as set forth in Attachment B. After payment of such Casualty Value amount and provision for its convenience or to circumvent the requirements of this Contract,but only all Contract Payments due and owing on or before such Payment date,Your obligation to as an emergency fiscal measure during a substantial fiscal crisis. You will use Your pay further Contract Payments allowable to the Asset which suffered the Event of Loss best efforts to obtain appropriation of funds to avoid termination of this Contract by taking shall cease. After paying such Casualty Value amount to Us, You shall be entitled to all appropriate action including the inclusion in Your budget request for each Fiscal receive from Us any insurance received by Us in connection with such Event of Loss;(d) Period during the Original Term hereof a request for adequate funds to meet Your In the event of a governmental taking of any Asset for an indefinite period or a stated obligations and to continue this Contract in force. You represent and warrant that You period which does not extend beyond the Original Term, all obligations of You with have adequate funds to meet Your obligations during the first Fiscal Period of the respect to such Asset(including payment of Contract Payments)shall continue. So long Original Term. We and You understand and intend that the obligation of You to pay the as You are not in default hereunder,We shall pay to You all sums received by Us from Contract Payments hereunder shall constitute a current expense of You and shall not in the government by reason of such taking. any way be construed to be a debt of You in contravention of any applicable 14. TITLE. Title to the Asset(s)will pass to You on the Commencement Date. Title will constitutional or statutory limitation or requirement concerning the creation of revert to Us upon termination pursuant to Section 10. indebtedness by You, nor shall anything contained herein constitute a pledge of the 15. SECURITY INTEREST. You grants to Us and We retain a security interest in the general revenues,funds or monies of You beyond the Fiscal Period for which sufficient Asset(s).You will not change or remove any insignia or lettering which We may place on funds have been appropriated to pay the Contract Payments hereunder.In the event of a the Asset(s)to indicate its interest therein. During the Original Term,You will keep the change in Your statutory authority,mandate and/or mandated functions,by state and/or Asset(s) free from any lien, encumbrance or legal process and You will promptly federal legislative or regulatory action,which eliminates Your authority to continue Your discharge any claim which might become a lien against the Asset(s). obligations under this Contract,then this agreement shall automatically terminate without 16. ASSET RETURN. You are responsible for the return costs related to the termination penalty to you upon written notice to us of limitation or change in Your authority. of this Contract pursuant to Section 10,including deinstallation,rigging,drayage,freight, 11. REPRESENTATIONS AND WARRANTIES. You represent, covenant and and insurance to the destination specified by Us within the United States. You will be warrant for Our benefit and Our assignee(s):(i)The use of the Asset(s)is essential to liable for any value differential for Asset(s) returned in a condition less than a state of Your proper,efficient and economic operation;and(ii)You understand and agree that reasonable repair given normal wear and tear. You further agree to immediately return We are relying on the essential nature of the Asset(s)to You and upon Your covenant all originals and copies of the Software portion of the Asset(s) to Us and erase all to complete full implementation of the Asset(s)and any system associated therewith Software resident in computer memory. (the"Project"). In the absence of such a covenant by You,We would not provide the 17. MISCELLANEOUS. This Contract shall be deemed to be performed in Orange financing for the project under this Contract. Failure to honor this covenant shall be a County,North Carolina and the Contract shall be governed by the laws of the State material breach of this Contract and constitute an event of default hereunder, of North Carolina. All legal actions relating to this Contract shall be venued in a state independent of any failure of the legislature to appropriate funds. or federal court located in the Orange County. Both parties consent to personal 12. INSURANCE. You, at Your expense, shall maintain all risks, including fire and jurisdiction in such courts.You and We hereby waive Your and Our respective extended coverage,insurance against loss,theft,damage,or destruction of the Asset(s), rights to a trial by jury in any legal action. This Contract may be executed in in an amount not less than the applicable Casualty Value set forth in Attachment B counterparts,all of which together shall constitute the same document. You agree that attached hereto and made a part hereof. This coverage shall have standard commercial a facsimile or other copy containing Your faxed or copied signature shall be as terms and conditions and may not contain endorsements excluding coverage for enforceable as the original executed Contract. You agree to provide Us with Your mysterious or mere disappearance,seizure or other governmental acts or dishonesty of Financial Statements. If You are a privately held entity then, You shall provide Us Your officers or employees or restrict recovery for the kinds of Asset(s)covered by this complete audited financial statements at each quarter end and fiscal year end,certified Contract. You shall further,at its expense,provide and maintain comprehensive public by Your independent certified public accountants and reasonably acceptable to Us liability insurance in an amount of$1,000,000 per occurrence against claims for bodily within fourteen days of receipt of same from Your certified public accountants.if it Is injury, death and/or property damage arising out of the use, ownership, possession, determined that any amount charged under this Contract is greater than the operation or condition of the Asset(s), together with such other insurance as may be amount allowed by law, including any amount that is determined to exceed required by law. Both coverages shall name You as an insured and Us and Our applicable usury limits(an"Excess Amount"),then any Excess Amount will be Assignee(s)as additional insureds and loss pay as their respective interest may appear, waived (or, if the Excess Amount was paid, it will be applied to past-due shall be satisfactory to Us,and shall contain a clause requiring the Insurer to give Us at amounts,if any,or else refunded). least one month prior written notice of the cancellation or any alteration in the terms of tb by utll+C roatp,ItYa CuSttltlter• Orange County r, V 1 dvkArfidort VA2,011711 Flame. JI k- e-2- I E75iWD A F�AW.4 vice res dealt IPA(Mar2011) A�°R° CERTIFICATE OF LIABILITY INSURANCE DATE/2014 /Y1rYY) 08/01/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA INC. NAME: SUITE 400 PHONE AIC No): 1255 23RD STREET,N.W. E-MAIL WASHINGTON,DC 20037 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# 556865-PROP-7/31-14-15 INSURER A:Travelers Property Casualty Co.Of America 25674 INSURED ePlus,Inc. INSURER B:Travelers Indemnity Co Of America 25666 ePlus Technology,Inc. INSURER C:Travelers Casualty Insurance Co.Of America 19046 13595 Dulles Technology Drive INSURER D: Herndon,VA 20171 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: CLE-003404090-17 REVISION NUMBER:2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY LTR POLICY NUMBER MM DD/YYYY MM DD/YYYY LIMITS A GENERAL LIABILITY H-630-5278L14A-TIL-14 07/31/2014 07/31/2015 EACH OCCURRENCE $ 1,000,000 IT—Coll DAMAGE TO RENTED 1,000,000 MERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE M OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO- LOC $ A AUTOMOBILE LIABILITY BA-9879PI18-14-TEC 07/31/2014 07/31/2015 COMBINED SINGLE LIMIT 1,000,000 0 accident X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident L 1 $ A X UMBRELLA LIAB X OCCUR HSM-CUP-5278L14A-TIL-14 07/31/2014 07/31/2015 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED I I RETENTION$ $ B WORKERS COMPENSATION HVYCHUB-5278L14-A-14(AOS) 07/31/2014 07/31/2015 X I WC STATU- OTH- C AND EMPLOYERS'LIABILITY HJUB-4A66895-1-14(CA) 07/31/2014 07131/2015 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A PROPERTY H-630-52781_14A-TIL-14 07/31/2014 07/31/2015 LIMIT 10,000,000 DED. 10,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) CERTIFICATE HOLDER CANCELLATION ePlus,Inc SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 13595 Dulles Technology Drive THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Herndon,VA 20171 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukhedee ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 556865 LOC#: Washington ACCORD® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA INC. ePlus,Inc. ePlus Technology,Inc. POLICY NUMBER 13595 Dulles Technology Drive Herndon,VA 20171 CARRIER NAIC CODE EFFEC nVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance With regard to Property coverage,other deductibles may apply as per policy terms and conditions. Named Insured Schedule: ePlus,Inc. ePlus Group,Inc. ePlus Finance ePlus Technology,Inc. ePlus Technology Services,Inc. ePlus Government,Inc. ePlus Systems,Inc. ePlus Content Services,Inc. ePlus Capital,Inc. ePlus Canada Company ePlus Document Systems,Inc. ePlus Information Holdings,Inc. ePlus Jamaica,Inc. ePlus Iceland,Inc. Asset Finance Group,Inc. eManaged Solutions,Inc. ePlus Government Services,Inc Alliance Corp Technologies,Inc. Vanticore,LLC Pacific Blue Micro,Inc.(dba PBM IT Solutions) ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD