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Home My WebLink About451691 KEY GOVERNMENT FINANCE - CONTRACT - AGREEMENT MISC - 8857015INFORMATION TECHNOLOGY GOVERNMENT LEASE AGREEMENT 0%. I City of Fort Collins 1215 N Mason, 2nd Fir I Fort Collins I Larinner Co 180524 970-221-6776 TERM AND PAYMENT SCHEDULE LKS*9E SIGNATURE LEASE PAYMENTS:( )MONTHLY ( )QUARTERLY ( )SEMI-ANNUAL (X)ANNUA4 X NUMBER OF LEASE PAYMENTS 3 AUTHtF IZ7E SIGNATURE AMOUNTOFLEASE PAYMENTS $13,049.91 v A4-1 COMMENCEMENT DATE 11118/2008 PRINT�,UTHORIZED SIGNER NAME AT THE TIME OF THIS LEASE AGREEMENT LESSEE AGREES TO PAY ONE LEASE Lew,? I PAYMENT IN ADVANCE. AU ,�P,ZEU SIGNER TITLE V E DATE AT THE EXPIRATION OF THIS LEASE, AND IF LESSEE IS NOT IN DEFAULT, LESSEE Q,1,yVA I WILL HAVE THE FOLLOWING PURCHASE OPTIONS: IF LESSEE IS TAX EXEMPT, PLEASE ATTACH CERTIFICATE & WRITE TAX EXEMPT # ABOVE FAIR MARKET VALUE 10% PURCHASE OPTION X $1 PURCHASE Lessee agrees to lease the equipment and / or software fees described above (the" Equipment). Lessee agrees to the terms and conditions of this Lease Agreement. Lessee agrees to pay Lessor the lease payments shown above in accordance with the payment schedule outlined. Lessee is responsible for arranging delivery of the Equipment. The lease will begin when the Equipment described above is delivered and installed. Lessee's remittance of the 1 " Lease Payment shall be doomed as Lessee's unconditional acceptance of delivery and installation of the Equipment. LATE FEES AND COLLECTION CHARGES: If any lease payment or other amount payable to Lessor is not paid within the (10) days of its due date, Lessee agrees to pay Lessor a late charge of 2.5% of the amount which is late, or if less, the MaXiMUM amount allowable under applicable law. NO WARRANTY: Lessor is leasing the Equipment to Lessee as is. Lessee acknowledges that Lessor is not the manufacture the Equipment and that Lessee has selected the Equipment and the supplier based on Lessee's own judgment. Lessor makes no warranties. expressed or implied, including warranties of merchantability or fitness for a particular purpose in connection with this agreement. Lessee agrees to continue making payments to Lessor under this lease, regardless of any claims Lessee asserts against the manufacturer or supplier. ABSOLUTE OBLIGATION: Subject to Lessee's legal appropriations of funds, LESSEE'S OBLIGATION TO PAY THE LEASE PAYMENTS AND OTHER SUMS AND ALL OTHER OBLIGATIONS HEREUNDER SHALL BE ABSOLUTE AND UNCONDITIONAL AND ARE NOT SUBJECT TO ANY ABATEMENT, SETOFF, DEFENSE OR COUNTERCLAIM FOR ANY REASON WHATSOEVER. EQUIPMENT LOCATION USE AND REPAIR: Lessee will keep and use the Equipment only at the location shown above. Lessee agrees that the Equipment cannot be moved without advance written permission. Lessee is responsible for keeping the Equipment in good repair, condition, and working order. Any all alterations, modifications and attachments to the Equipment, which cannot be readily removed wthout damaging the function, use or economic value of the Equipment, shall immediately become a part of the Equipment and property of the Lessor, Except for normal wear and tear, Lessee shall protect the Equipment from damage or any kind of loss and will Continue to make payments if any damage or loss occurs. Lessor is not responsible for any losses or damages caused by the installation or use of the Equipment, or from any other kind of loss while Lessee has the Equipment. Unless Lessee notifies Lessor at least 30 days prior to the expiration of the lease of Lessee's intention to exercise a purchase option, if outlined above, this lease will automatically renew for successive 30 day periods until Lessee exercises an option or return the Equipment to Lessor. If Lessee elects to return the Equipment to Lessor, it must be returned to the location that Lessor designates at Lessee's expense. OWNERSHIP AND TITLE: Lessor is the owner of the Equipment and has title to the Equipment. In the event that this Lease is deemed to constitute a secured transaction Lessee grants to Lessor a first priority security interest in the Equipment and proceeds thereof. Lessor is authorized to record UCC financing statements to show Lessor's interest in the Equipment. APPROPRIATION OF FUNDS In the event Lessee's obligations under this lease are subject to Lessee's legal appropriations of funds and should Lessee fail to appropriate funds to make the lease payments under this lease, Lessee shall return the Equipment per the terms of this lease. Upon the return of the Equipment, Lessee's lease payment obligations shall Lessee will provide at Lessee's expense, property insurance for the Equipment, naming Lessor as loss payee. Lessee will also obtain a public liability! nsurance policy covering any personal injury or third-frady property damage, naming Lessor as an addition insured. Lessee will provide Lessor evidence of such insurance when requested. TAXES AND Ll Lessee will pay, when due, all taxes, fines and penalties relating to the use or Lessor ownership of the Equipment under this lease. Lease payments Shown above do not include any applicable taxes. Lessor will include any applicable taxes and fees, and invoice Lessee for those taxes. Lessee agrees to pay the tax and fees in addition to the lease Payment. If Lessor pays any taxes, fees or penalties for Lessee, Lessee will pay Lessor on demand the amount Lessor has paid on Lessee's behalf plus an administrative fee equal to 10%. DEFAULT: If Lessee does not pay the lease payment within ten (10) days of its due date, or Lessee breaks any of the terms or conditions of this lease, Lessee will be in default of this lease. If Lessee defaults, Lessor may require any combination of the following: (1) pay the remaining appropriated balance of the lease, and (2) return all of the Equipment. Lessor can use any and all remedies available to Lessor under the Uniform Commercial Code or any other law. If Lessor has to take possession of the Equipment, Lessee agree to pay the cost of repossession. Lessee agrees Lessor is not responsible for any consequential or incidental damages related to the default or actions taken by Lessor in the event of default. Lessee agrees to pay Lessor reasonable attorney's fees and costs associated with any legal action Lessor may take in the event of Lessee's default. In the event of Lessee default under this lease, Lessor may retain any security deposits to insure Lessee performance under this lease. ASSIGNMENT: Lessee has no right to sell, transfer, assign or sublease the Equipment or this lease. Lessor may sell, assign or transfer this lease or Lessors rights in the Equipment without notice to Lessee. Lessee agrees that if Lessor sells, assigns or transfers this lease, the new owner will have the same rights or benefits Lessor has now. Lessee agrees that the rights of the new owner will not be subject to any claim, defense or setoff that Lessee may have against Lessor. ARTICLE 2A RIGHTS AND REMEDIES: Lessee agrees that this lease is a finance lease as that term is defined in Article 2A of the Uniform Commercial Code ("UCC"). Lessee hereby agrees to waive any and all rights and remedies granted to Lessee by sections 2A.508 through 2A-522 of the UCC. CHOICE OF LAW: This lease shall be govemad by and interpreted according to the laws of the State in which Lessee is located, AGREEMENT: Lessee agrees that the terms and conditions contained in this lease make up the entire agreement between Lessor and Lessee regarding the lease of the Equipment. Any change in any of the terms and conditions of this lease must be in writing and signed by Lessor. Lessee agrees that any delay or failure to enforce Lessor rights under this lease does not prevent Lessor from enforcing any right at a later time. All of Lessor rights and indemnities will survive the termination of this agreement. This lease may not be terminated early. This lease is not binding on Lessor until Lessor signs below. This Lease and the Equipment are intended for essential government purposes only. Equipment Configuration • Equipment as described in EPC USA, Inc. quote dated November 7, 2008 (inserted below): 1500 ( EBUN-2A-GV-SQ-3Y I Ironport Dual C-350 Appliance Bundle with Centralized Management: Including Ironport Anti -Spam Sophos and Anti- LESSEE INVOICE INSTRUCTIONS (The information you provide enables us to invoice you correctly.) City of Fort Collins BILL TO ADDRESS: PO Box 580 Fort Collins, CO 80522 BILLING CONTACT: First, M.I. and Last Name: Jolene Reed Title: Accounts Payable Representative Phone Number: (970)416-2462 Fax Number: (970) 221-6782 PURCHASE ORDER NUMBER: Invoices require purchase order numbers: YES X NO Purchase Order Number: 8857015 FEDERAL TAX ID NUMBER: 84-6000587 EQUIPMENT LOCATION (If different from Billing Address): 215 N. Mason, 3rd Floor Fort Collins, CO 80524 ADDITIONAL INFORMATION NEEDED ON INVOICE: