04/24/2023 to 04/23/2028 Monroe County Purchasing Policy and Procedures
ATTACHMENT D.5
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00
Contract with:Island Pure Contract#
Effective Date: 4/24123
Expiration Date:4/23/29
Contract Purpose/Description:
Water Cooler Ren#at for 60 months.
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: Abrs Campo 3471 County Attorney#7'
Name Ext. De artment/Sto #
CONTRACT COSTS
Total Dollar Value of Contract: $ 2 39700 Current Year Portion: $ 47940
(must be less than$50,000) (If multiyear agreement then
requires BOCC approval,unless the
uMtidlailin illi rtikVMIK)n.n0 as a flku"il
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Budgeted? Yes■❑ No ❑
Grant: $ County Match: $
Fund/Cost Center/Spend Category: 001- 7 01-530440-0005
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries,etc.)
Insurance Required: YES ❑NO 0
CONTRACT REVIEW
Reviewer Date In
Department Head Signature: Robert B. Shillinger
e:.
County Attorney Signature:
Risk Management Signature:
Purchasing Signature: Lisa Abreu ned Data
Digitally 2023s30413yLisa Abreu
. . . 16'.46'.42-04'00'
John Quinn Digitally signed by John Quinn
OMB Signature: Date'.2023.04.13 16'.63'.03-04'00'
Comments:
Revised BOCC 2/15/2023
Page 85 of 106
RENTAL AGREEMENT Ph: 1-866-6016-2799
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CUSTOMER A4CKWWLIR00 wS 14AMNO A A 0 Ago rAwtt7SNtS OOD ALL V THE TS"RW Ahfmt G„NtOAdt Ogs OF Twia REMTAW,L AGREEMENT ('THINKS
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CAPON THE,EXECUTION OF THIS AMEWAT. CWTOMtER A ORES THAT UPON ACCEPTANCE NCE Of,THE d9mp w ISM Cumoaap Tms AoRaMENT
INILL OR,AN UNCONDTIONAL OfiLWAYION OF CLOSTOWR TO PAY gNW14 NA 001 A" RENTAL PAYMENTS AND OTHER PAYMENTS,AkN O CUSTOMER,
CANNOT TERmiNAne OR " 'L'TT~m AoRm"SNN9w,excE T AS,OTWRWW EXPRESSLY SSLY STATED RLEMN, OR hMRWTHHOLOJ SET OFFOR REWCEP ANY
SMH PA YWNT'„fOR ANY'REASON WYH&TSOEWA, CMttrMOUTOR MAY SELL"ASSIGN OR TRANISFER ALL OR SOW OF IT$fmi tS tM Tms A(meemmy,
OR IN T vT"OR'S RiGHTs IN THE t~ mY(WwEcT To CustomaWs MtiGHTS tH TNtE EatAWNwN+WEMNT UNDEFt THNtk AGREEMENT)AT ANY TIME
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RENTAL AGREEMENT TERMS AND CONDITIONS PROPOSAL#
1. Distributor Guarantees to Customer: Monroe County
(a) Upgrade Guarantee: At any time during this Agreement term,or any extension thereof(the "Rental Period"), upon approval of additional
credit, Customer may upgrade the equipment identified above (including all replacements, parts, repairs, additions and accessories, the
"Equipment")for the difference in price, plus any termination value and installation fees, if applicable.
(b) Guarantee Fulfillment: Customer must be and remain current on all Rental Payments and other payments before, during and after any
upgrades, repairs or modifications are made.
2. Ownership of Equipment; Taxes and Fees: Distributor is the sole owner and titleholder of the Equipment. Customer agrees to keep
the Equipment free and clear of all liens. This is a "net" lease and Customer agrees to pay any and all taxes, filing fees, interest and
penalties relating to this Agreement or the Equipment.
3. Complete Agreement; Amendments: Customer agrees that no promises or agreements regarding the subject matter hereof or the
Equipment have been made by Distributor or anyone else which are not part of this Agreement. Revisions to this Agreement must be signed
by an authorized representative of Distributor and Customer. Any agreement regarding Equipment maintenance or servicing is separate and
apart from this Agreement and shall not affect Customer's obligations hereunder.
4. Authorized Signer: The person(s)signing this Agreement on behalf of Customer or signing any Guaranty represents that he or she has
the authority to do so and that no information supplied by any of them is false or misleading.
5. Liability and Insurance: Customer is responsible for any damages or losses to or injuries caused by the Equipment, including any
casualty or theft, and shall keep the Equipment fully insured against such losses during the Rental Period. If Customer fails to provide
satisfactory proof of insurance within thirty (30)days of request therefor, Distributor may obtain insurance at Customer sole expense, which
may result in higher costs to Customer.
6. Use and Location of Equipment: Customer will use the Equipment only for business purposes and will keep the Equipment at the
location specified in this Agreement. Distributor or an authorized agent (for reasonable and customary charges) must perform any relocation
of the Equipment.
7. Assignment; Waiver of Warranties: Customer may not sell, transfer, encumber or assign the Equipment or this Agreement without
express prior written consent of Distributor. Distributor may sell, transfer, encumber or assign all or part of its interests in the Equipment
and/or this Agreement, and its assignee will have all its rights and benefits under this Agreement but none of its obligations (other than the
covenant of quiet enjoyment while no default exists). No assignee of Distributor(a) has any responsibility for the selection or performance of
the Equipment and (b) makes any express or implied representations or warranties whatsoever regarding the Equipment, including that the
Equipment will be fit for a particular purpose. Customer will settle any claims, defenses and setoffs it may have directly with Distributor,
Distributor or any other third party without affecting Customer's obligations to pay Rental Payments or other payments without offset or
abatement to assignee. Customer agrees it will have no claim against an assignee relating in any way to the Equipment
8. Renewal/Price Protection: After the initial rental term(or extension previously agreed to), this Agreement will automatically renew for an
additional 12 months and annually thereafter at the same monthly rate unless Customer notifies Distributor in writing 90 days prior to
expiration of the initial term or extension that Customer does not intend to renew this Agreement.
9. Agreement Inception, Due Dates and Payment Requirements: Rental Payments begin on the delivery and acceptance date and
continue on the same day of each month thereafter; provided that Distributor will establish the due date for the monthly (or other periodic)
payments owing under this Agreement, including the first regular payment. If any payment is not made within 15 days of when due,
Customer shall pay a late charge equal to 15% of the late payment or$20, whichever is greater. Customer agrees to pay $35.00 for each
returned payment.
10. Early Termination: Customer may terminate this Agreement upon 30 days prior written notice to Distributor if Customer is not in default
hereunder upon payment on the termination date of the discounted present value of all remaining Rental Payments using a three percent
(3%)simple interest discount rate, plus fees.
11. Installation, Maintenance and Care: Distributor, or its authorized agent, agrees to install the Equipment in accordance with
manufacturer's specifications. Customer agrees to use and maintain the Equipment in accordance with the manufacturer's specifications.
Customer will also make the Equipment available and accessible to the Distributor or its authorized agent for maintenance. The Equipment
shall at all times remain personal property.
12. UCC Filings: Customer authorizes the filing of any Uniform Commercial Code ("UCC") financing statements deemed necessary or
desirable to protect the interest of Distributor(or any assignee)in the Equipment.
13. Default: Customer is in default of this Agreement if it does not pay any amount when due,or breaches any other term of this Agreement,
and Distributor may thereafter exercise any and all remedies under the UCC and other applicable laws, including repossession the
Equipment, termination of maintenance agreements and acceleration of the remaining balance due hereunder. Any failure to exercise any
rights or remedies does not prevent any later exercise. Distributor's rights survive termination of this Agreement until payment and
performance by Customer of all of its obligations. Customer shall pay all costs and expenses, including attorneys' fees, associated with
enforcement of Customer's obligations or repossession or disposal of the Equipment.
14. Governing Law; Jury Trial Waiver: This Agreement will be governed by the internal laws of the Commonwealth of Pennsylvania. Any
legal action, suit, or proceeding with regard to or arising out of this Agreement, or the Equipment, may be brought in the courts of the
Commonwealth of Pennsylvania, and all parties consent to the jurisdiction of such courts as to all such actions. The parties hereto waive any
right to a trial by jury.
15. Equipment Return: At the end of the Rental Period or earlier termination of this Agreement Customer shall relinquish possession of the
Equipment in the same condition and working order as of the date of its acceptance, ordinary wear and tear resulting from proper use
excepted.
16. General. It is the express intent of the parties not to exceed the maximum amount of interest legally permitted to be charged or collected,
and any excess payment will be applied to Rental Payments in inverse order of maturity, and any remaining excess will be refunded. Neither
the word "including" nor any headings shall imply any limitation. If any part of this Agreement is found to be invalid, then it shall not invalidate
any of the other parts, and this Agreement shall be modified as permitted by law. Where applicable "Distributor" means and includes its
assignee. A fax or electronic version of Customer's or Distributor's signature when received by Distributor will be binding upon such party.
The parties agree that the copy with Distributor's original signature shall constitute the original authoritative version for all purposes, including
best evidence. The USA PATRIOT Act requires us to obtain, verify, and record information that identifies you thus we ask for your name,
address and other information or documents that substantiate your identity.
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Customer Satisfaction Guarantee
Island Pure provides a 100% Customer Satisfaction Guarantee in writing to all of our customers.
This guarantee provides you with peace of mind and assurance that you can always count on
Island Pure to provide excellent service above and beyond your expectations.
This Guarantee entitles you to:
FREE Maintenance performed on units
FREE Professional Installation on ALL machines
UNLIMITED Free service calls
ALL parts & labor included
60 Month Price Protection
COMPLETE Resolution of any problem until customer is fully satisfied
FREE Relocation of unit(s), in same building or new location
FREE Yearly Water Quality Analysis
If your unit needs to be taken out for maintenance, you will receive a new
unit at the same time of pick up