HomeMy WebLinkAboutordinance.council.006-14 ORDINANCE NO. 6
(SERIES OF 2014)
AN ORDINANCE OF THE CITY OF ASPEN, COLORADO
AUTHORIZING AND APPROVING A LEASE PURCHASE
AGREEMENT.
WHEREAS, the City of Aspen (the "City"), in the County of Pitkin and State of
Colorado (the "State"), is a legally and regularly created, established, organized and existing
municipal corporation under the provisions of Article XX of the Constitution of the State of
Colorado and the home rule charter of the City (the "Charter") (all capitalized terms used and not
otherwise defined in the recitals hereof shall have the respective meanings assigned in Section I
of this Ordinance); and
WHEREAS, under the Charter, the City is possessed of all powers which are necessary,
requisite or proper for the government and administration of its local and municipal matters, all
powers which are granted to home rule municipalities by the Colorado Constitution, and all
rights and powers that now or hereafter may be granted to municipalities by the laws of the State
of Colorado; and
WHEREAS, pursuant to Section 1.4 of the Charter, the City is authorized to enter into
one or more leases or lease-purchase agreements for land, buildings, equipment and other
property for governmental or proprietary purposes; and
WHEREAS, the City has received a proposal to enter into a lease purchase agreement
with Hewlett-Packard Financial Services Company for the purpose of leasing under a lease-
purchase arrangement certain firewall equipment; and
WHEREAS, the Lease shall expire on December 31 of any City fiscal year (a "Fiscal
Year") if the City has, on such date, failed, for any reason, to appropriate sufficient amounts to
pay all Payments (as defined in the Lease) scheduled to be paid, and shall not constitute a
mandatory charge or requirement against the City in any ensuing budget year unless the City
decides to renew the Lease by appropriating the necessary such amounts; and
WHEREAS, no provision of the Lease or any other document described herein shall be
construed or interpreted (a)to directly or indirectly obligate the City to make any payment in any
Fiscal Year in excess of amounts appropriated for such Fiscal Year; (b) as creating a debt or
multiple fiscal year direct or indirect debt or other financial obligation whatsoever of the City
within the meaning of Article X1, Section 6 or Article X, Section 20 of the Colorado Constitution
or any other constitutional or statutory limitation or provision; (c) as a delegation of
governmental powers by the City; (d) as a loan or pledge of the credit or faith of the City or as
creating any responsibility by the City for any debt or liability of any person, company or
corporation within the meaning of Article XI, Section 1 of the Colorado Constitution; or (e) as a
donation or grant by the City to, or in aid of, any person, company or corporation within the
meaning of Article X1, Section 2 of the Colorado Constitution; and
WHEREAS, in order to implement the transaction described above, the City Council desires
(a) to authorize and approve the execution and delivery by the City of, and the performance by the City
of its obligations under, the State and Local Government Single Schedule Lease Purchase Agreement;
and (b)to authorize, approve, ratify, make findings and take other actions with respect to the foregoing and
related matters.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO:
Section 1. Approval and Authorization of Documents. The City Council hereby approves the
Equipment Lease Purchase Agreement, attached as Exhibit A, and authorizes the Mayor, the Mayor Pro
Tern and all other appropriate officers and employees of the City to execute and deliver, and to affix the
seal of the City to, such documents in the forms made available to the City Council, with such changes
therein, not inconsistent herewith, as are approved by the persons executing the same (whose signature
thereon shall constitute conclusive evidence of such approval) and authorizes and directs the performance
by the city of its obligations under such documents in the forms in which they are executed and delivered.
Section 2. Year to Year Obligations of the City. No provision of this Ordinance, or the Lease,
shall be construed or interpreted (a) to directly or indirectly obligate the City to make and payment in any
Fiscal Year in excess of amounts appropriated for such Fiscal Year; (b) as creating a debt or multiple fiscal
year direct or indirect debt or other financial obligation whatsoever of the City within the meaning of
Article XI, Section 6 or Article X, Section 20 of the Colorado Constitution or any other constitutional or
statutory limitation or provision; (c) as a delegation of governmental powers by the City; (d) as a loan or
pledge of the credit or faith of the City or as creating any responsibility by the City for any debt or
liability of any person, company or corporation within the meaning of Article XI, Section I of the
Colorado Constitution; or (e) as a donation or grant by the City to, or in aid of, any person, company or
corporation within the meaning of Article XI, Section 2 of the Colorado Constitution.
Section 3. Severability. It is hereby expressly declared that all provisions hereof and their
application are intended to be and are severable. In order to implement such intent, if any provision hereof
or the application thereof is determined by a court or administrative body to be invalid or unenforceable, in
whole or in part, such determination shall not affect, impair or invalidate any other provision hereof or the
application of the provision in question to any other situation; and if any provision hereof or the application
thereof is determined by a court or administrative body to be valid or enforceable only if its application is
limited, its application shall be limited as required to most fully implement its purpose.
Section 4. Public Hearing A public hearing on this ordinance will be held the 24th day of
February 2014 at 5:00 p.m. in the City Council chambers, City Hall, 130 S. Galena.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the
City of Aspen on the 10th day of February, 2014.
Steven Sk dron, Nl'ayor
ATTE T:
athryn S. V, City Clerk
APPROVED AS TO FORM:
Z i`ames R. True, City Attorney
FINALLY adopted, passed and approved this�day of�, 2014.
Ste kad o , Ma or
AT EST:
kafthryn S. , City Clerk
200 Connell Drive,Suite 5000
Berkeley Heights,NJ 07922
PER hp financial services
January 28,2014
City of Aspen
130 S.Galena Street
Aspen,CO 81611
ATTN:Don Taylor
STATE AND LOCAL GOVERNMENT SINGLE SCHEDULE LEASE PURCHASE AGREEMENT NO.:572E25E8
CUSTOMER PURCHASE ORDER NO.: (IF APPLICABLE)
Thank you for selecting HP Financial Services Company(HPFS)to provide financing for your technology acquisition. As per the request of
your HPFS representative, we have prepared the following the lease documents for review and execution by and appropriate authorized
officers execute(or initial)where indicated by the red arrows.
FAX EXECUTED DOCUMENTS TO 908-898-4817,ATTN: PUBLIC SECTOR
THEN MAIL ORIGINALS TO:HPFS,200 CONNELL DRIVE,SUITE 50009 BERKELEY HEIGHTS,NJ 07922
1. ®❑STATE AND LOCAL GOVERNMENT SINGLE SCHEDULE LEASE PURCHASE AGREEMENT
The Lease Agreement contains the terms and conditions of the lease arrangement between the Customer and HPFS.
2. ®❑EQUIPMENT LISTING(REFER TO ATTACHED QUOTE)
This document is the detailed description of the leased equipment to be attached to and incorporated into the Equipment Schedule as
Exhibit A.
3. ®❑Form 8038-G(over 100K(OR)Form 8038ge(under$100K)
The Customer must complete this form in order to comply with notice information requirements under Internal Revenue Code for
tax-exempt transaction.
4. ®❑BILLING INFORMATION FORM
This form should be completed by the Customer to ensure efficient delivery and payment of invoices.
5. STOP❑❑ACCEPTANCE CERTIFICATE[should be signed only after the you have RECEIVED the equipment]
This document confirms that the Customer has received the Equipment,is satisfied with it and is ready to begin the Lease and start
making payments.
Return to HPFS as soon as possible,together with the Initial Payment of$N/A
®Federal Tax ID Number(FEIN):
®Copy of Sales and Use Tax Exempt Certificate
Should you have any questions or comments regarding the enclosed documents or the procedure outlined above, please do not hesitate to
contact me at 908-898-4022.
Sincerely,
Harry Stokes
Harry Stokes
Customer Delivery Specialist
HP Financial Services
har sry token cerho.com
Telephone Number: 908-898-4022
004 hp financial services
1 N Y 6 0 1
STATE AND LOCAL GOVERNMENT SINGLE SCHEDULE LEASE
PURCHASE AGREEMENT
When we use the words you and your in this Lease,we mean you,our customer,which is the Lessee indicated below.When we use the words we,us and our in this
Lease,we mean the Lessor,Hewlett-Packard Financial Services Company. Our address is 200 Connell Drive,Suite 5000,Berkeley Heights,NJ 07922
CUSTOMER Lessee Name Tyr ID#
INFORMATION City of Aspen
Billing Street Address/City/County/State/Zip Phone No. Lease#572E25E8
130 S.Galena Street,Aspen,CO 81611
Equipment Location Street Address/City/County/State/Zip Phone No. Schedule#572E25E8
SUPPLIER Supplier Name("Supplier") Phone No. Fax No.
INFORMATION RootGroup
Street Address/City/State/Zip Contact Name:
EQUIPMENT Quantity Make/Model Price Each/Extension
DESCRIPTION Refer to Quote Number I13N-ASPEN-122013-CPAP12200 Attached
TERM AND Lease Term(Months) Lease Payment Documentation Fee Payment Timing(Check one) Plus
LEASE PAYMENT Applicable
SCHEDULE 36 $12,487.77 N/A ®Advance Taxes and
❑Arrears Insurance
Additional Provisions Total Cash Price Payment Frequency(Check one)
N/A []Monthly
$35,708.89 C1 Quarterly
❑Semi Annual
®Annually
❑Other
Annual Rate of Interest Latest Commencement Date
5.0% March 31,2014
PART
You agree to lease the equipment described above(collectively,"Equipment')on the terms and conditions of this lease agreement("Lease"). The term of this Lease is set forth above. This Lease shall
be effective with respect to the Equipment from and after the date of your acceptance of the Equipment Each Lease Payment(singly,a Lease Payment and collectively,the"Lease Payments")are to be
made in the manner specified above and shall commence on the date the Equipment is accepted by you as evidenced by your execution and delivery to us of a Delivery and Acceptance Certificate with
respect to the Equipment. You must notify us of any change in the Equipment to be intruded in any proposed Lease and we reserve the right to accept or reject such change. Our acceptance of this
Lease shall be evidenced by our execution hereof.
PART If
1. TERMS AND CONDITIONS. In consideration of our purchase of the Equipment selected you will authorize us to pay for the Equipment only after you have received and accepted the
by you,we lease to you,and you lease from us,the Equipment identified above pursuant to Equipment as fully operable for your purposes;(d)the interest portion of the Lease Payments
the terms and conditions set forth herein. THIS LEASE AND THE DOCUMENTS REFERRED shall be excluded from gross income for federal income tax purposes,and you will do nothing
TO HEREIN CONSTITUTE THE FULL AND ENTIRE AGREEMENT between you and us in to cause,nor fail to take action which results in,the interest portion of the Lease Payments
connection with the Equipment and MERGES ANY OTHER UNDERSTANDING. In no case being includible in gross income for federal income tax purposes; (e) NEITHER THE
shall the preprinted terms and conditions on the Supplier's standard transactional SUPPLIER OF THE EQUIPMENT NOR ANY OF ITS SALESPERSONS ARE,OR HAVE
documentation(e.g.,order forms and invoices)apply to us. Neither you nor we rely on any ACTED AS,OUR AGENTS OR EMPLOYEES;(f)financial information and other statements
other statement,representation or assurance of cure. This lease can be neither canceled nor provided to us are accurate and correct and will be updated upon our request during the term
modified except by a written agreement signed by both parties. of this Lease;g)you are a political subdivision or agency or department of a State;(h)the
entering into and performance of this Lease are authorized under the laws and constitution of
2. YOUR WARRANTIES TO US. You expressly represent and warrant to us,and we rely on, your state and do not violate or contradict any judgement,law,order,or regulation,or cause
each of the following statements: (a)you have read and understood this Lease;(b)you have any default under any agreement to which you are a party; (i)you have complied with all
selected the equipment and specifications,and the equipment will meet your needs;(c) bidding requirements and,where necessary,have properly presented this Lease for approval
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and adoption as a valid obligation on your part,j)this Lease is a legal,valid and binding to become due,regardless of any endorsement restriction,unless otherwise agreed by both
obligation enforceable in accordance with its terms;(k)you have sufficient appropriated funds parties in a signed writing.
or other moneys available to pay all amounts due under this Lease for your current fiscal
period; (1)the use of the Equipment is essential for your proper, efficient and economic 5. FUNDING INTENT. You reasonably believe that funds can be obtained sufficient to make
operation,you will be the only entity to own,use or operate the Equipment during the term of all Lease Payments and other payments during the term of this Lease. You agree that your
this Lease and you will use the Equipment only for your governmental purposes;(m)You do chief executive, chief financial or administrative officer will provide for funding for such
not and will not:1)export,re-export,or transfer any Equipment,software,source code or any payments in your annual budget request submitted to your governing body. You and we
direct product thereof to a prohibited destination, or to nationals of proscribed countries agree that your obligation to make Lease Payments under this Lease will be your current
wherever located,without prior authorization from the United States and other applicable expense and will not be interpreted to be a debt in violation of applicable law or constitutional
governments;and 2)use any Equipment,software or technology,technical data,or technical limitations or requirements. Nothing contained in this Lease will be interpreted as a pledge of
assistance related thereto or the products thereof in the design,development,or production of your general tax revenues,funds or moneys.
nuclear, missile, chemical, or biological weapons or transfer the same to a prohibited
destination,or to nationals of proscribed countries,without prior authorization from the United 6. NONAPPROPRIATIONS OF FUNDS. If(i)sufficient funds are not appropriated and
States and other applicable governments.You are not an entity or person designated by the budgeted by your governing body in any fiscal period for all Lease Payments and all other
United States government or any other applicable government with which transacting payments due under this Lease for such fiscal period,and(ii)you have exhausted all funds
business without the prior consent of such government is prohibited.Upon our request,you legally available for such payments, then you will give us written notice and return the
agree to provide us with an opinion of counsel as to clauses(g)through(j)above,a certificate Equipment to us,and this Lease will terminate as of the last day of the fiscal period for which
of appropriations as to clause(k)above,an essential use letter as to clause(1)above,and funds are available to pay amounts due under this Lease. Such ternination is without any
any other documents that we request,including information statements to be filed with the expense or penalty, except for the portions of the Lease Payments and those expenses
Internal Revenue Service,with all such documents being in a form satisfactory to us. associated with your return of the Equipment in accordance with this Lease for which funds
have been budgeted and appropriated or are otherwise legally available.
3. YOUR WAIVER OF DAMAGES AND WARRANTIES FROM US. YOU LEASE THE
EQUIPMENT FROM US"AS IS,WHERE IS." EXCEPT AS TO QUIET ENJOYMENT,WE 7. TAXES,ASSESSMENTS AND FEES. You will pay when due,either directly or to us upon
MAKE ABSOLUTELY NO WARRANTIES, EXPRESSED OR IMPLIED,INCLUDING ANY our demand,all taxes,fines and penalties relating to this Lease or the Equipment that are now
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF or in the future assessed or levied by any state,local or other government authority. We will
THE EQUIPMENT IS NOT PROPERLY INSTALLED, DOES NOT OPERATE AS file all personal property,use or other tax returns(unless we notify you otherwise in writing)
REPRESENTED OR WARRANTED BY THE SUPPLIER,OR IS UNSATISFACTORY FOR and you agree to pay us a fee for making such filings. We do not have to contest any taxes,
ANY REASON WHATSOEVER,YOU SHALL MAKE ANY CLAIM ON ACCOUNT THEREOF fines or penalties. You will pay estimated property taxes with each invoice or annually,as
SOLELY AGAINST THE SUPPLIER AND YOU HEREBY WAIVE ANY SUCH CLAIM invoiced. In addition,you authorize us to file at our option informational financing statements
AGAINST US. ALL WARRANTIES FROM THE SUPPLIER TO US, TO THE EXTENT and/or fixture filings without your signature. If we request,you will execute such financing
ASSIGNABLE,ARE HEREBY ASSIGNED TO YOU FOR THE TERM OF THIS LEASE FOR statements and/or fixture filings. To the extent permitted by law,you hereby grant us a
YOUR EXERCISE AT YOUR EXPENSE. YOU SHALL HOLD US HARMLESS AND SHALL security interest in all Lease Payments and Equipment,and all of your interest therein,and all
BE RESPONSIBLE FOR ANY LOSS,DAMAGE OR INJURY TO PERSONS OR PROPERTY proceeds and products thereof. You agree to pay us a documentation fee to be billed with the
CAUSED BY THE EQUIPMENT. NO REPRESENTATION OR WARRANTY BY THE first Lease Payments to cover account setup and administrative costs. You agree to
SUPPLIER OR SALESPERSON IS BINDING ON US NOR SHALL BREACH OF SUCH reimburse us for reasonable costs incurred in collecting taxes,assessments,or fees for which
WARRANTY RELIEVE YOU OF YOUR OBLIGATIONS TO US. IN NO CASE SHALL WE BE you are liable,and any collection charges attributable thereto,including reasonable attorney
LIABLE TO YOU FOR SPECIAL,INDIRECT OR CONSEQUENTIAL DAMAGES. fees.
4. PAYMENTS.You agree to make Lease Payments as set forth above and to pay such other 6. NOTICE. All notices shall be given in writing by the party sending the notice and shall be
charges as provided herein. IT IS SPECIFICALLY UNDERSTOOD AND AGREED THAT effective when deposited in the U.S.mail,addressed to the party receiving the notice at its
THIS LEASE SHALL BE NON-CANCELABLE(EXCEPT AS SET FORTH IN SECTION 6 address shown on page 1 of this Lease(or to any other address specified by that party in
HEREOF),AND THAT THIS LEASE IS A NET LEASE. YOU AGREE THAT YOU HAVE AN writing)with first class postage prepaid. -
ABSOLUTE AND UNCONDITIONAL OBLIGATION TO PAY ALL LEASE PAYMENTS AND
OTHER AMOUNTS WHEN DUE. You hereby authorize us to reduce the lease payments by 9. SUCCESSORS AND ASSIGNMENTS. YOU AGREE NOT TO TRANSFER, SELL,
up to twenty percent(20%)in the event that the actual total cost of the equipment at the time SUBLEASE, ASSIGN, PLEDGE OR ENCUMBER EITHER THE EQUIPMENT OR ANY
of closing is less than the estimate. Lease Payments shall be increased by any cost or RIGHTS UNDER THIS LEASE WITHOUT OUR PRIOR WRITTEN CONSENT,and even with
expense we incur to preserve the Equipment or to pay taxes,assessments,fees,penalties, our consent,you shall remain jointly and severally liable to the full extent with your assignee.
liens,or encumbrances. Unless we give written notice of a new address,all payments under WE MAY,AT OUR OPTION ASSIGN OUR RIGHTS AND INTERESTS UNDER THIS LEASE
this Lease shall be sent to us at the address provided at the beginning of this Lease. Each WITH NOTICE TO YOU BUT WITHOUT YOUR CONSENT. You agree that our assignee will
payment received,at our discretion,will be applied first to the oldest charge due under this have the same rights and remedies that we have now. You agree that the rights of our
Lease. YOU AGREE THAT TIME IS OF THE ESSENCE AND TO MAKE PAYMENTS assignee will not be subject to claims,defenses,or setoffs that you may have against us. You
REGARDLESS OF ANY PROBLEMS YOU MIGHT HAVE WITH THE EQUIPMENT agree that we are not an agent of our assignee and that we have no affiliation with such
INCLUDING ITS OPERATION, CAPABILITY, INSTALLATION, OR REPAIR AND assignee except for such assignment You stipulate that any such assignment by us shall not
REGARDLESS OF ANY CLAIM,SETOFF,DEFENSE YOU MIGHT HAVE AGAINST THE materially change your duties, obligations or risks under this Lease. You agree to
SUPPLIER,MANUFACTURER,SALESPERSON,OR OTHER THIRD PARTY. Without our acknowledge each such assignment in writing if so requested and keep a complete and
prior written consent,any payment to us of a smaller sum than due at any time under this accurate record of all such assignments in a manner that complies with§149 of the Code,and
Lease shall not constitute a release or an accord and satisfaction for any greater sum due,or the regulations prorwlagated thereunder.
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10. OWNERSHIP AND TITLE,You will have title to the Equipment upon your acceptance of
it;provided, however,that title will immediately vest in us or our assignee if this Lease is 14.TRANSFER OF EQUIPMENT AT END OF TERM OF LEASE AND PURCHASE OPTION.
terminated because you have not appropriated funds for payment of Lease Payments or other When you have paid all Lease Payments and all other amounts due under this Lease and
amounts due hereunder,as provided in Section 6 of this Lease or if you are in default of this have satisfied the other terms of this Lease,we shall transfer all of our interest in the
Lease pursuant to the terms of Section 16 of this Lease. We have the right to inspect the Equipment to you'AS IS,WHERE IS,'without any warranty,express or implied,from us.
Equipment, and have the right to affix and display a notice of our security interest in the With 30 days prior written notice,you may purchase the Equipment(other than software that
Equipment. The Equipment shall remain personal property whether or not affixed to realty we may not be authorized to sell)on any Lease Payment date for an amount equal to the rent
and shall not be part of any real property on which it is located. At our request,you shall due on the Lease Payment date, the remaining Lease Payments due under this Lease
obtain a landlord and/or mortgage waiver for the Equipment. All additions,attachments,and discounted at the annual rate of 4%and all other amounts due under this Lease. You may
accessories placed on the Equipment become part of the Equipment unless removed prior to exercise this purchase option only if you are not in default under the terms of this Lease.
the termination of this Lease. You agree to maintain the Equipment so that it may be removed
from the property or building where located without damage. 15. COLLECTION CHARGES AND ATTORNEY'S FEES. If any part of any sum is not paid
when due,you agree to pay us:(i)in the first month,a late charge to compensate us for
11. OPERATION AND TERMINATION. You shall be solely responsible for the installation, collecting and processing the late sum,such late charge is stipulated and liquidated at the
operation,and maintenance of the Equipment,shall keep it in good condition and working greater of$.10 per dollar of each delayed sum or$15,plus(ii)a charge for every month after
order,and shall use and operate the Equipment in compliance with applicable laws. If the the first month in which the sum is late to compensate us for the inability to reinvest the sum,
Equipment is of the type not normally maintained by you,then you,at your expense,shall such charge is stipulated and liquidated at 1 1/2%per month,or when less,the maximum
maintain in full force and effect throughout the term of this Lease Supplier's standard allowed by law.
maintenance contract. You agree to keep and use this Equipment only at the address
specified above,to never abandon or move the Equipment from that address,nor relinquish 16. DEFAULT. You shall be in default of this Lease on the occurrence of any of the following
possession of the Equipment except to our agent. If you are required to return the Equipment events: (a)you fail to pay any Lease Payments or any other amounts due under this Lease
to us for any reason,you shall,at your expense,wipe clean or permanently delete all data within 10 days after it first becomes due; (b)you assign,move,pledge,sublease,sell or
contained on the Equipment,including without limitation,any data contained on internal or relinquish possession of the Equipment,or attempt to do so,without our written authorization;
external drives, discs, or accompanying media, immediately crate, insure and return the (c)you breach any warranties or other obligations under this Lease,or any other agreement
Equipment to the designated location in as good a condition as when you received it, with us,and fail to cure such breach within ten days after we send notice of the existence of
excepting only reasonable wear and tear.In the case of any item of Software to be returned to such breach; (d)any execution or writ of process is issued in any action or proceeding to
us,you will also deliver to us the original certificate of authenticity issued by the licensor of seize or detain the Equipment;or(e)your filing of a voluntary petition in bankruptcy,your
such Software,if any. adjudication as a bankrupt,the filing of any proceeding against you of a petition under the
bankruptcy or similar laws of the United States or the state where the Equipment is located,
12. RISK OF LOSS AND INSURANCE. During the term of this Lease,you bear the entire and the failure to dismiss the proceeding within 60 days after filing.
risk of loss or damage to the Equipment. You shall immediately notify us of the occurrence of
any loss or other occurrence affecting our interests and shall make repairs or corrections at 17. REMEDIES. Should you default,we have the right to collect and to exercise any or all of
your expense. In such event,and to the extent permitted by law,you agree to continue to the following: (a)we may cancel or terminate this Lease or any or all other agreements that
meet all payment and other obligations under this Lease. You agree to keep the Equipment we have entered into with you or withdraw any offer of credit;(b)we may require you to pay
insured at your expense against risks of loss or damage from any cause whatsoever. You us,as compensation for loss of our bargain and not as a penalty,all Lease Payments for the
agree that such insurance shall not be less than the unpaid balance of this Lease plus the remainder of your current fiscal period;(c)we have the right to immediately retake possession
then-current fair market value of the Equipment. You also agree that the insurance shall be in of the Equipment without any court order or other process of law and for such purpose may
such additional amount as is reasonable to cover us for public liability and property damage enter upon any premises where the Equipment may be, remove the same and apply any
arising from the Equipment or your use of it. You agree to name us as the loss payee and an proceeds from any sale or lease of the Equipment to the payment of amounts which would
additional insured. Upon our request,you agree to furnish proof of each insurance policy have been due,if the default had not occurred;and(d)we have the right to exercise any
Including a certificate of insurance and a copy of the policy. The proceeds of such insurance remedy at law or equity,notice thereof being expressly waived by you. Our delay or failure to
shall be applied at our sole election toward the replacement or repair of the Equipment or exercise a remedy constitutes neither a waiver of any other remedy or a release,of your
payment towards your obligations. If you so request and we give our prior written consent,in liability to return the Equipment or for any loss or Claim with respect thereto. You shall be
lieu of maintaining insurance as described herein,you may self insure against such risks, liable for all reasonable costs and expenses incurred in the repossession,recovery,storage,
provided that our interests are protected to the same extent as if the insurance had been repair,sale,re-lease or other disposition of the Equipment
obtained by third party insurance carriers and provided further that such self insurance
program is consistent with prudent business practices with respect with such insurance risk. 18. SEVERABILITY.The provisions of this Lease are severable and shall not be affected or
You will give us certificates or other evidence of such insurance on the commencement date impaired if any one provision is held unenforceable,invalid,or illegal. Any provision held in
of this Lease,and at such times as we request. Such insurance obtained will be in a form, conflict with any statute or rule of law shall be deemed inoperative only to the extent of such
amount and with companies acceptable to us,and will provide that we will be given 30 days' conflict and shall be modified to conform to such statute or rule.
advance notice of any cancellation or material change of such insurance.
19. RELEASES. To the extent permitted by applicable law,you hereby waive your rights to:
13. INDEMNITY. You agree, to the extent permitted by law, to indemnify and hold us (a)cancel or repudiate this Lease,(b)revoke acceptance of or reject the Equipment,(c)claim
harmless from and against, any and all losses, damages, injuries, claims, demands, and a security interest in the Equipment;(d)accept partial delivery of the Equipment;(e)sell or
expenses(a"Claim"),including any and all attorney's fees and legal expenses,arising from or dispose of the Equipment upon rejection or revocation;(f)seek"cover'in substitution for this
caused directly or indirectly by any actual or alleged use,possession,maintenance,condition Lease from us.
(whether or not latent or discoverable),operation,location,delivery or transportation of any
item of Equipment.
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20. MITIGATION OF DAMAGES. Should we use or dispose of any returned or repossessed exceed the maximum amount of time price differential or interest,as applicable,permitted to
Equipment,we will credit the amount that you owe with any excess which we actually recover be charged or collected by applicable law,and such excess payment will be applied to Lease
over the cost of retaking and disposing of the Equipment. Any action under this Lease by you Payments in inverse order of maturity,and any remaining excess will be refunded to you. If
for claims against us for indemnity,misrepresentation,breach of warranty and contract default you do not perform your obligations under this Lease,we have right,but not the obligation,to
or any other matter shall be commenced within one(1)year after any such cause of action take any action or pay any amounts that we believe are necessary to protect our interests.
accrues. The provisions of this Section 20 shall be applied only to the extent permitted by the You agree to reimburse us immediately upon our demand for any such amounts that we pay.
laws of the state where the Equipment is located. All representations, warranties and covenants made by you hereunder shall survive the
termination of this Lease and shall remain in full force and effect All of our rights,privileges
21. MISCELLANEOUS. Regardless of any conflicting provisions in this Lease,this Lease will and indemnities under this Lease, to the extent they are fairly attributable to events or
be governed by the laws of the state in which you are located. Any change in any of the terms conditions occurring or existing on or prior to the expiration or temtination of this Lease,shall
and conditions of this Lease must be in writing and signed by us. If we delay or fail to enforce survive such expiration or termination and be enforceable by us and our successors and
any of our rights under this Lease,we will still be entitled to enforce those rights at a later assigns.You agree that we may disclose any information provided by you to us or created by
time. It is the express intent of the parties not to violate any applicable usury laws or to us in the course of administering this Lease to any of our parent or affiliates.
BY SIGNING BELOW YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND
CONDITIONS OF THIS LEASE.
CITY OF ASPEN HEWLETT-PACKARD FINANCIAL SERVICES COMPANY
X X
Authorized Signa �. Authorized Signature
I A I �,,1.r 1.;2� �y
Print Name&Title Date Print Name&Title Date
CERTIFICATION
I,the undersigned,DO HEREBY CERTIFY that I am a duly elected or appointed and acting officer(or duly authorized designee of such officer)of City of Aspen
(the"Customer"),a political subdivision or agency or department of the State of Colorado and that I have custody of the records of the Customer;that the individual
executing the above State and Local Government Single Schedule Lease Purchase Agreement(the"Lease")on behalf of the Customer is incumbent in the office
printed or typed below his/her signature and is duly authorized to execute and deliver the Lease and all related documents,in the name and on behalf of the Customer;
and that the signature of such individual is his/her authentic signature.
IN WITNESS WHEREOF,I have hereto set my hands and affixed the seal of the Customer thisday of
1""r
14.
SEAL � -
Certi ier's sign3tu-re-Tro be executed by person other than individual executing above lease.]
KAREN REED P ON
NOTARY PUBLIC K Al,� D
�•,RY �-
STATE OF COLORADO Print Name
NOTARY ID#19964002767 n „
My Commission Expires February 15,2016 /
Print itle
Page 4 of 4
GEM SSLPA-04/03
ROOT OT Check Point Quotation
1 Date: 12/23/2013 10:24 PM
Quote: BN-ASPEN-122013-CPAP12200
Customer Name: John Sobieralski
! Company Name: City of Aspen
Address: 130 S.Galena Street
www.RootGroun.com Aspen,CO 81611
Phone:970.429.1756
Email:,john Sobieralski
OTY t Model Number iftem Description Cat i List Price Unit Price Maintenarce Total
1 1 CPAP-SG12200- 12200 NEXT GENERATION FIREWALL Check Point $ 25,320.00 $16,863.12 $ 16,863.12
NGFW APPLIANCE
2 1 CPSB-NGFW-12200-NEXT GENERATION FIREWALL PACKAGE Check Point $ 10,200.00 $ 8,944.38 $ 8,944.38
2Y FOR 2 Years
3 1 CPES-SS- ENTERPRISE STANDARD SUPPORT for 3 Check Point $ 11,394.00 $ 9,901.39 $ 9,901.39
STANDARD Years
List Price: $ 46,914.00
Becky Nelson $
becky(cbrootarouo.com $ 35,708.89
(303)544-5280
(303)447-0197 $ 35,708.89
1790 30th Street,Suite 140;Boulder Co.80301
This quotation will be honored if order is placed within 20-days from the date shown above. Not responsible for typographical errors.
Availability based on vendor information and is subject to change without notice.
Terms are Net 20 on all purchase orders issued to The Root Group.
ATTACHMENT A
TO
SCHEDULE TO STATE AND LOCAL GOVERNMENT SINGLE SCHEDULE LEASE PURCHASE AGREEMENT NUMBER:572E25E8
The first payment of Rent will be due on the Acceptance Date and all payments will be due annually thereafter.
Rent No. Rent Interest Principal
Amount Principal Balance
0 $35,708.89
1 $12,487.77 $0.00 $12,487.77 $23,221.12
2 $12,487.77 $1,160.19 $11,327.58 $11,893.54
3 $12,487.77 $594.23 $11,893.54 $0.00
Totals $37,463.31 $1,754.42 $35,708.89
Lessee Please Initial and date: 2 �� 1 ~
Ad Name: 9936021A LEGAL NOTICE / r
Customer: Aspen (LEGALS) City of
ORDINANCE#6, S 6, of 2 PUBLIC "ERRING
ordinance#6, Series of 2019 was adopted on first
Your account number: 1013028 reading at the City , if a ped,g will appr 10,
2019. This ordinance, if adopted, will approve a
lease purchase agreement for IT firewall. The
Public hearing on this ordinance is scheduled for
February 24, 2014 at 5:00 p.m. City Hail, 130
PROOF OF PUBLICATION T.nth Gale a.
I.see the entire text,cp to the ity'.s legal mtio:
website
http://w .asperpitkin.cmVD.artr nts/Clerk/Le-
gil-Noti_s/
IF you would like a copy FAXed cr e-mailed to you,
call the city clerk's office,429-2697
I M Published in the Aspen Tim=_s Weekly on February
13, 2014. [9936021]
STATE OF COLORADO,
COUNTY OF PITKIN
I,Jim Morgan,do solemnly swear that I am General
Manager of the ASPEN TIMES WEEKLY, that
the same weekly newspaper printed,in whole or in
part and published in the County of Pitkin,State of
Colorado,and has a general circulation therein;that
said newspaperhas been publishedcontinuouslyand
uninterruptedly in said County of Pitkin for a period
of more than fifty-two consecutive weeks next prior
to the first publication of the annexed legal notice or
advertisement.
The Aspen Times is an accepted legal advertising
medium, only for jurisdictions operating under
Colorado's Home Rule provision.
That the annexed legal notice or advertisement
was published in the regular and entire issue of
every number of said daily newspaper for the
period of 1 consecutive insertions; and that the
first publication of said notice was in the issue of
said newspaper dated 2/13/2014 and that the last
publication of said notice was in the issue of said
newspaper dated 2/13/2014.
In witness whereof,I have here unto set my hand
this 02/13/2014.
Jim Morgan,General Manager
Subscribed and sworn to before me,a notary
public in and for the County of Garfield,State of
Colorado this 02/13/2014.
�a • 9'Jk
Pamela J.Schultz,Notary Public
Commission expires:November 1,2015
�pRy PUS
+PAMELA 's
SCHULTZ t
Cd��l
MY COIMISSI00 Expires 11101315