The URL can be used to link to this page

Browse Search

Home My WebLink About941300 RESOLUTION RE: APPROVE LEASE/PURCHASE AGREEMENT BETWEEN SHERIFF'S DEPARTMENT AND HEWLETT-PACKARD COMPANY AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Lease/Purchase Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Sheriff's Department, and Hewlett-Packard Company, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Lease/Purchase Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Sheriffs Department, and Hewlett-Packard Company be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of December, A.D., 1994. ATTEST: / BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board � 1 gg : w W. Webster, Cha' man BY: 71 -L,--r.4 -r.4. Deputy Clerk to the Board Dale K all, Pro-Tem, � -- C C AWED AS TO FORM: / 7 7- -/Z,.- /George/E. Baxter ounty Attorrey c_._ -Constance L. Harbert Barbara J. Kirkmey r 941300 SO0012 (id . .`>d } rl Hewlett-Packard Financing Agreement No. Product Schedule & Payment Agreement - Page 1 of 2 Company Full Legal Name Weld County Sheriff's Dept. information: ® Street Address( 91O 1Oth Avenue City 1 Greeley County' Weld Please use the full legal State'CO Zip Codel 8°631 name of your company Federal Tax I.D.# Tax Status Contact 'Larry Pederson Phone 1 (3O3) 356-4O15 (attach documentation if applicable) ❑ Taxable El Direct Pay Permit ® Tax exempt Sales/Use tax ❑ Paid Upfront ❑ Billed Upfront(financed) ❑ Billed with each payment Personal property tax ❑ Include in rate O Bill as additional ® Lessee pays directly O Lessee is exempt Product Location © Street Address( 91O 1Oth Avenue af other than above) City I Greeley County'Weld State' CO Zip CodeI 8O631 Billing Address Street Address' Same as Sold—To (if other than above) City 1 County' State( Zip Code 1 Contact 1 Phone ' ( The section below is to be completed by your HP Sales team. I Our ❑ Master Lease#1 O HP Purchase Agreement# ' agreement0 includes: ❑ First Year Support Coverage O Multi Year Support Coverage The items checked are ® Early Buyout Schedule dated 1 1O/12/94 ® 1 State & Local Gov't Rider incorporated and by ❑ ( ❑ I this reference made a part of this agreement ❑ I ❑ The Please see the attached Hewlett Packard Quotation#440C-34315 dated 12/16/94. product 0 schedule: Please attach Net Price-Hardware I 555,540.00 _� Total Net Price-Product l $70,160.00 Equipment Quote NetPrice-Software I $14,620.00 SingloEventsupport I $2,650.00 or complete this Schedule. "Ell I Less:Down Payments/Credits Total Net Price•Product ' S70,160.00 — Amount to Finance I S72,810.00 Lease © Term Number of Payments Payment Frequency Payment Amount (in months) (plus applicable taxes) payments: 6O 6O Monthly 1502.80 ChP] HEWLETT 9,11210 FRDO994O2 PACKARD Hewlett—Packard Financing Agreement No. Product Schedule & Payment Agreement - Page 2 of 2 0 This agreement D HP Lease ❑ HP Installment ® I State & Local Gov't. is for an: 0 HP Rental 0 HP Easy Rent 0 I 0 1.Non-Cancellable: THIS AGREEMENT purchased; If Lessee has selected a fixed-price purchase CANNOT BE CANCELLED OR TERMINATED OR option, during the renewal period, such EXCEPT AS EXPRESSLY PROVIDED FOR 0 One Dollar ($1.00) for each Product purchase option shall be re-determined HEREIN. (available only for State and Local based on the total lease term. Government Leases or with special IF LESSEE EXERCISES ITS OPTION TO 2.Term: The term of this Schedule and approval); PURCHASE THE PRODUCT, IT IS SOLD IN Agreement for each Product covered OR IT'S THEN 'AS IS' CONDITION AT ITS hereunder shall commence upon the date ® Fixed Purchase Option of 0.0 % of LOCATION WHEN THE OPTION IS Lessor executes the same and shall expire the original amount to finance of the EXERCISED. 60 months following the "Rent Product to be purchased (less discounts if Commencement Date" as defined in applicable) plus any accrued late charges 5.Early Buyout Option: At its option paragraph 2 of the Financing Agreement, or and taxes applicable to the transfer of this beginning with the fourth (4th) month on the expiration of any applicable renewal Product. (ii) Except for HP ChannelRent, following the Rent Commencement Date, period. However,if Lessee has executed this renew all or some of the Equipment covered Lessee may purchase all of the Product in its Schedule and the Product ordered has been by this Agreement for an additional then "as is" condition at its location when delivered prior to Lessor's execution non-cancellable period of twelve (12) the option is exercised. Except for leases thereof, the term of this Schedule and months mr for the: � with Fair Market Value purchase options, Agreement shall be effective on the date of Net Price r original the purchase price shall be determined from execution by Lessee. LL J X LMonthlyx75% the referenced Early Buyout Schedule. The Total Net Price of Equipment payment early buyout purchase price for leases with 3.lnterest: [Applicable only to Installment (iii) renew all or some of the Product Fair Market Value purchase options shall be sales and leases with $1.00 buy out options] covered by this Agreement on a such that Lessor's projected yield from the The interest to be paid under this Schedule month-to-month basis for the: lease shall be preserved. and Payment Agreement is Net Price of Equipment to be Renewed r Original II� X I Monthly 6.Product Upgrade/Add-On:At its option but LTotal Net Price efEquipment Payment subject to Lessor's prior written consent, 4.Purchase,Renewal,Return Options: (iv) return in accordance with the Lessee may enhance or upgrade those items Provided that no event of default has referenced Financing Agreement any covered under this Schedule by leasing occurred and is continuing to occur at the Product covered by this Schedule that is not additional or upgrade Product on a then end of the initial non-cancellable lease term purchased or renewed. currently marketed Lessor upgrade or subsequent renewal term, Lessee shall If Lessee fails to notify Lessor of its program. Such additional or upgrade have the option to exercise the following intentions at least sixty (60) days prior to equipment shall be scheduled on a new options by providing Lessor with at least the expiration of this Schedule, it is agreed Product Schedule and Payment Agreement. sixty (60) days prior written notice of its that Lessee shall renew all of the Product intent to: covered hereunder in accordance with 7.Upgrade Credit: If this Schedule reflects (i) purchase all or some of the Product option(iii) above. an upgrade credit for Product to be returned covered by this Agreement for: During the renewal period, Lessee may by Lessee, Lessee agrees to return such (CHECK ONE) purchase all or some of the Product covered Equipment within thirty (30) days of ❑ The then fair market value of each hereunder for the price computed in delivery and acceptance of the new Product Product to be purchased. Lessor will advise accordance with option (i) above by acquired hereunder to Lessor's remarketing Lessee in writing as to the then applicable providing Lessor with sixty (60) days prior facility. Fair Market Value for each Product to be written notice. ©' By execution hereof,the signer certifies that s/he has read this agreement and that s/he is duly authorized to execute this agreement on behalf of Lessee. • 8.Financing Statement: Lessee hereby nominates and appoints I Lessee: Wel} County Sheriff's Dept. I Lessor as its attorney-in-fact for the sole purpose of executing on J9 /--� ,/ / a Lessee's behalf financing statement (and any appropriate By �/ Au...e/ ,,/ 7 /b ) ) amendments thereto) under the provisions of the Uniform Name W. H. Webster„ Chairman (12/28/94 Commercial Code for protective purposes. Weld County Board of r Title Commissioners Date 12/21/94 I Lessor: He lett-Packard Company .' ," I (second lessee authorization, if needed) /Gt-e C/ L‘--- ter Q---- By 13y .wtao,f d Sgnatu,e wm.d=w s marl• Name Name Title Date Title Date HEWLETT 9,1_ 131110099402 CP PACKARD HewleHewlett-Packard Financing Agreement No. tt-Packard 1 (,I,V Lessee Weld County Sheriff's Sept. Financing Agreement - Page 1 of 2 Lessor hereby agrees to finance for Lessee and Lessee hereby agrees to finance with Lessor,subject to the terms of this Financing Agreement ("Agreement"),the personal property together with all attachments, replacements,parts,substitutions, additions,software licenses,repairs, support, consulting, and accessories incorporated/affixed, whether or not provided by Hewlett-Packard("Product")described in any Lessor Product Schedule("Schedule')executed by the parties pursuant to this Agreement. 1. Non-Cancellable buyout option price set out in the applicable thereof. Lessor and Lessee hereby confirm their intent that the Product shall always This of eement shall ebes effective as of the Schedule. remain and be deemed personal property s execution th by Lessee ch and shule.l expire TH as set forth in said Schedule. THIS 5. Intellectual Property Rights even though said Product may hereafter AGREEMENT AND ANY SCHEDULES Unless otherwise stated in writing by Lessor, become attached or affixed to real property. EXECUTED HEREUNDER CANNOT BE Lessor copyrighted material (software and CANCELLED OR TERMINATED EXCEPT AS printed documentation) may not be copied 7. Use;Relocation;Assignment EXPRESSLY PROVIDED HEREIN. except c for acopy al orp for proes, gram lace a Lessee error accordance llwith operate manufacturePsoduct in manuals defective copy 8 2. Rent;Acceptance of Product verification. If Lessor's software license is and instructions, by competent and duly Lessee shall pay to Lessor for use of the included in Product, then Lessor's standard qualified personnel only,in accordance with Product during the initial and any renewal software terms shall apply and be applicable governmental regulations, if any, term of any Schedule, the payment amount incorporated herein by reference. Lessor and for business, medical, scieand n i not for fic, or specified on said Schedule ("Rent"). Rent will defend or settle any claim against commercial purposes only, shall begin to accrue upon delivery and Lessee that an HP Product or Support personal use. Lessee agrees not to sell, acceptance of Product ("Rent delivered under this Agreement infringes a assign, sublet, hypothecate or otherwise Commencement Date"). Lessor reserves the patent, utility model, industrial design, encumber or suffer a lien upon or against right to charge interest on any balance copyright, mask work or trademark in the any interest in this Agreement,any Schedule which exceeds 30 days past due. Rent shall country where Lessee uses the HP Product hereunder, or the Product. Lessee also accrue whether or not Lessee has received or receives Support, provided Lessee: (i) agrees not to alter or remove the Product notice that such payment is due. Where promptly notifies Lessor in writing of the from its original location without Lessor's installation is included in the amount claim; and (ii) cooperates with Lessor in, prior written consent, which consent shall financed, Lessee's acceptance will be and grants Lessor sole authority to control not be unreasonably withheld. Relocation by presumed unless Lessee demonstrates the defense and any related settlement. Lessor's support personnel shall not within 14 days after delivery that the Lessor will pay the cost of such defense and constitute notice to Lessor. Product is not acceptable. settlement and any costs and damages finally awarded by a court against Lessor. If 8. Support;Repairs 3. Taxes;Insurance such a claim is made, Lessor may procure If Lessee finances first year support for Lessee agrees to pay to Lessor,when due,all the right for Lessee to continue using the HP computer products, the terms of this license fees, assessments, sales, use, Product, may modify the Product or replace Agreement, HP System Support Options personal property, excise, and other taxes it. If use of the HP Product is enjoined by a (Exhibit SS),and Exhibit 5 to HP Terms and except for taxes based on Lessor's income, court and Lessor determines that none of Conditions of Sale and Service shall apply now or hereafter imposed on the Product or these alternatives is reasonably available, except that the term of the financed support the possession, operation or use thereof. Lessor will take back the HP Product and is non-cancellable, notwithstanding any Unless Lessor approves self-insurance by refund its depreciated value if a purchase provision to the contrary in Exhibit SS. If no Lessee, Lessee shall obtain and maintain option has been exercised. Lessor has no order for Support is made,Lessee,at its own liability insurance and insurance against obligation for any claim of infringement costs and expense,shall keep the Product in loss or damage to the Product. Upon arising from: (i) Lessor's compliance with good repair, condition and working order request, Lessee shall furnish to Lessor a any designs,specifications or instructions of and shall furnish all required parts, Certificate of Insurance or other evidence to Lessee; (ii) modification of the HP Prf oduct e said furnishedte ct mechanisms, evis, and d immediately a vicnan d Lessor that such insurance coverage is in by Lessee or a third party; (iii) u o effect. Product in a way not specified by Lessor; or become a part of the Product for all (iv) use of the HP Product with products not purposes hereunder. 4. Loss or Damage supplied by Lessor. These terms state the Lessee shall bear the entire risk of loss or entire liability of Lessor for claims of 9.Warranty damage to the Product from any cause infringement by Products and Support benefit o ct For HP r du , Lessee shall have the ' whatsoever from the date of delivery to supplied by Lessor. warranties covering the Product faith are s Lessee until it is returned per paragraph 11 below and received by Lessor. Lessee shall 6.Identification;Personal Property normally furnished to purchasers of promptly notify Lessor of any loss or damage. If Lessee is in compliance with the terms of identical product manufactured by HP. No loss or damage shall relieve Lessee of the this Agreement and applicable Schedules, THIS WARRANTY IS EXCLUSIVE AND NO obligation to pay Rent or perform any other Lessee shall have quiet enjoyment of the OTHER WARRANTY, WHETHER WRITTEN obligation under this Agreement. In the Product. No other right, title or interest OR ORAL, IS EXPRESSED OR IMPLIED. event of loss or damage, Lessee, at Lessor's shall pass to Lessee. Lessor, at its own LESSOR SPECIFICALLY DISCLAIMS THE option, shall either place the Product in expense, may require identification IMPLIED WARRANTIES OF good condition and repair or pay Lessor the Product to give notice of Lessor scownership PARTICUto or laed on the LLAR PURPOSETABILITY D FITNESS FOR A C 9411� FRDO994O2 h HEWLETT 0 i PACKAR Hewlett—Packard Financing Agreement No. Financing Agreement - Page 2 of 2 Lessee Weld County Sheriff's Dept. 10.Non-HP Product;Non-HP Vendor the claim, and for damages for bodily injury available to lessor at law or in equity. No Lessee acknowledges that it has selected the or death,to the extent that all such damages express or implied waiver by lessor of any Vendor and Product supplied by Vendor. are determined by a court of competent default should constitute a waiver of any LESSOR MAKES NO WARRANTY, EXPRESS jurisdiction to have been directly caused by other default by Lessor or a waiver of any of OR IMPLIED WHATSOEVER WITH a defective Product financed hereunder. Lessor's rights. If any action is brought by RESPECT TO VENDOR'S PRODUCT, AND Lessor will not be liable for performance either party to enforce this Agreement or to AS TO LESSOR, LESSEE ACQUIRES THE delays or for non-performance, due to protect its interest in the Product,the losing PRODUCT "AS IS". If Vendor's Product is causes beyond its reasonable control. For party agrees to pay the costs thereof not properly installed, does not operate as any material breach of Support services by including reasonable attorneys' fees and represented or warranted by Vendor or is HP, Lessee's remedy and Lessor's liability other costs of collection. unsatisfactory for any reason, Lessee shall will be limited to a refund of the related make any claim on account thereof solely Support charges paid during the period of 14. Governing Law against Vendor and shall, nevertheless, pay breach, up to a maximum of 12 months. This Agreement shall be governed by and Lessor all payments due under the THE REMEDIES PROVIDED HEREIN ARE construed in accordance with the laws of the Agreement. It is Lessee's sole responsibility LESSEE'S SOLE AND EXCLUSIVE State of California. Nothing herein shall be to acquire updates or other necessary REMEDIES. IN NO EVENT SHALL LESSOR deemed to preclude or prevent Lessor from documentation to Vendor's Product. If BE LIABLE FOR LOSS OF DATA OR FOR bringing any action or claim to enforce the Lessee should forfeit any rights granted to DIRECT, INDIRECT, SPECIAL, provisions of this Agreement in any Lessee, or if Vendor terminates any rights INCIDENTAL, CONSEQUENTIAL appropriate state or forum. granted to Lessee, the payment shall (INCLUDING LOST PROFIT), OR OTHER continue uninterrupted to Lessor. Lessee DAMAGE WHETHER BASED IN CONTRACT, 15. Financing Statements agrees that it will not assert any defenses, TORT OR ANY OTHER LEGAL THEORY. Lessee hereby nominates and appoints deduction, abatement, counterclaim or Lessor as its attorney-in-fact for the sole set-off against Lessor. Lessee understands 13.Events of Default; Remedies purpose of executing on Lessee's behalf and agrees that neither Vendor nor any If Lessee fails to pay Rent when due and fails financing statement (and any appropriate employee, agent, or representative of to cure such breach within ten (10) days of amendments thereto) under the provisions Vendor is an agent of Lessor. No agent of notice of same, or in the event of any other of the Uniform Commercial Code for Vendor is authorized to waive or alter any breach of this Agreement, any Schedule protective purposes, related to this terms or conditions of this Agreement, and hereunder,or any other Agreement between Agreement and any Schedule hereunder. no representations as to the Vendor's the parties hereto, or if any credit or other Product or any other matter by Vendor shall information submitted to Lessor is false or 16. Miscellaneous in any way affect Lessee's duty to make misleading in any material respect,or in the (a) This Agreement, together with any payments and perform its obligations under event of any act of insolvency or bankruptcy Schedules hereunder, and any referenced this Agreement. by or against Lessee, Lessor may, at its addenda, exhibits or attachments shall option, exercise any one or more of the constitute the entire understanding between 11. Return of Product following remedies: (i) declare all sums due the parties and supersedes any previous Upon expiration or termination, Lessee, at and to become due under this Agreement communications, representations, or its own risk and expense, shall have the immediately due and payable; (ii) enter agreements, whether oral or written; (b) Product packed for shipment in accordance upon the premises where the Product is any notice or demands made hereunder with manufacturer's specifications and shall located and take immediate possession of shall be in writing and by regular mail or immediately return the Product to Lessor in and remove the same; (iii) sell any or all of facsimile; (c) No change or modification of the same condition as when delivered, the Product at public or private sale or any term or condition hereof shall be valid ordinary wear and tear excepted, freight otherwise dispose of, hold, use or lease to or binding on either party unless made in prepaid and insured,to Lessor's remarketing others said Product; (iv) exercise any other writing and signed by an authorized facility. right or remedy which may be available to representative of each party; (d) Any Lessor under applicable law, including the provision of this Agreement which is 12. Limitation of Liability right to recover damages for the breach unenforceable in any jurisdiction shall as to Lessor will be liable for damage to tangible hereof. No remedy referred to herein is that jurisdiction only be ineffective to the property per incident up to the greater of intended to be exclusive but each shall be extent of such prohibition or $300,000 or the actual charges paid to cumulative and in addition to any of the unenforceability without invalidating the Lessor for the Product that is the subject of remedies referred to above or otherwise remaining provisions hereof. By execution hereof,the signer hereby certifies that s/he has read this Agreement and the referenced Exhibits,and that s/he is duly authorized to execute this Agreement on behalf of Less . ' Lessor: a lets-P ckar. C.. pa I (Lessee: Weld County, Sheriff's Dept., • BI,onaaC Sign u,e y v iuNMia sonnu,. Name Name W. H. Webster, Chairman (12/28/9 Weld County Board of Title Date Title Cotumtssioners Date 12/21/94 6aHEWLETT FRDO994O2 PACKARD 941 nnn Hewlett-Packard Financing Agreement No. STATE/LOCAL GOVERNMENT RIDER The provisions of the aforementioned Agreement notwithstanding, Hewlett-Packard Company ("Lessor") and Lessee mutually agree that: 1.Availability of Funds, Non-Appropriation of Funds Equipment. This paragraph will not be construed so as to Lessee reasonably believes that funds can be obtained permit Lessee to terminate this Agreement in order to sufficient to pay all monies due during the Agreement Term acquire any other Equipment or to allocate funds directly or and hereby covenants that it will do all things lawfully indirectly to perform essentially the same application for within its power to obtain, maintain and properly request which the Equipment is intended. and pursue funds from which the Agreement Payments may be made, including making provisions for such 2. Income Tax Indemnity payments to the extent necessary in each budget This agreement has been entered into on the basis that submitted for the purpose of obtaining funding, using its Lessor or any Assignee of Lessor shall claim that the bona fide best efforts to have such portion of the budget interest paid hereunder is exempt from federal income tax approved and exhausting all available administrative under Section 103(a) of the Internal Revenue Code of 1986 reviews and appeals in the event such portion of the as amended. Should the United States Government budget is not approved. It is Lessee's intent to make disallow, eliminate, reduce, recapture, or disqualify, in Agreement Payments for the full Agreement Term if funds whole or in part, any benefits of such exemption as a result are legally available therefor and in that regard Lessee of any acts or omissions by Lessee or as a result of the represents that the use of the Equipment is essential to its inapplicability of such section at the time this Agreement is proper, efficient and economic operation. entered into because of the status of Lessee, Lessee shall then indemnify Lessor by payment, at Lessor's election, of In the event no funds or insufficient funds are appropriated either: and budgeted or no funds are otherwise legally available by any means whatsoever in any fiscal period for Agreement (a) Supplemental Payment to Lessor during the remaining Payments due under this Agreement, then the Lessee will period of the Agreement Term in an amount necessary to immediately notify Lessor or its assigns of such occurrence permit Lessor to receive (on an after tax basis over the full and this Agreement shall terminate on the last day of the term of the Agreement) the same rate of return that Lessor fiscal period for which approbations were received without would have realized had there not been a loss or penalty or expense to Lessee of any kind whatsoever, disallowance of such benefits, together with the amount of except as to the portions of Agreement Payments herein any interest or penalty which may be assessed by the agreed upon for which funds shall have been appropriated governmental authority with respect to such loss or and budgeted or otherwise available. In the event of such disallowance; or termination, Lessee agrees to peacably surrender possession of the Equipment to Lessor or its assigns on the (b) A lump sum payable upon demand to Lessor which shall date of such termination, packed for shipment in be equal to the amount necessary to permit Lessor to accordance with manufacturer specifications and freight receive (on an after tax basis over the full term of the prepaid and insured to any location in the continental Agreement) the same rate of return that Lessor would have United States designated by Lessor. Lessor will have all realized had there not been a loss or disallowance of such legal and equitable rights and remedies to take possession benefits together with the amount of any interest or of the Equipment. penalty which may be assessed by the governmental authority with respect to such loss or disallowance. Notwithstanding the foregoing, Lessee agrees (i) that it will not cancel this Agreement under the provisions of this 3.Authority and Authorization paragraph if any funds are appropriated to it, or by it, for Lessee represents and warrants that: (i) Lessee is a fully the acquisition, retention or operation of the Equipment or constituted political subdivision or agency of the state or other Equipment performing functions similar to the local governmental unit where the Equipment is located; (ii) Equipment for the fiscal period in which such termination the execution, delivery and performance by the Lessee of occurs or the next succeeding fiscal period thereafter and this Agreement have been duly authorized by all necessary (ii) that it will not during the Agreement Term give priority action on the part of Lessee; and (iii) this Agreement in t the application of funds to any other functionally similar constitutes a legal, valid and binding obligation of the EaHEWLETT PACKARD 941330 FRD049460 Lessee enforceable in accordance with its terms. Lessee (c) Should Lessee fail to properly and timely file a I.P.S. agrees that (i) it will do or cause to be done all things Form 8038-G and to provide Lessor with a copy of the necessary to preserve and keep the Agreement in full force same as provided for above, Lessee's monthly payment and effect, (ii) it has complied with all bidding requirements shall be increased accordingly, the interest rate where necessary and by due notification presented this applicable to this transaction shall increase to Agreement for approval and adoption as a valid obligation 2.251 % per month from 2.064 % per on its part, and (iii) it has sufficient appropriations or other month and, retroactive to the original Rent funds available to pay all amounts due hereunder for the Commencement Date under the above Agreement. current fiscal period. (d) Lessor will, on a best efforts basis, assist Lessee in 4. Non-Assignability by Lessor the preparation and filling of any Form 8038-G required Lessor agrees that it shall not and will not sell, discount, hereunder. factor, hypothecate or otherwise dispose of its interest in the Equipment and/or the above referenced Financing Agreement. 5. Interest Recognition Lessee and Lessor recognize and agree that a portion of the rent hereunder is interest based on the total equipment cost as shown on the equipment schedule, and calculated at the rate of eight and three—quarters percent 8.75 %) per annum. 6. Ownership/Use of Equipment Unless otherwise specifically acknowledged and agreed to by Lessor, Lessee hereby represents and warrants that it is and will remain the exclusive owner, user and operator of the Equipment covered under this Agreement. 7. Form 8038-G Filing Requirements Lessee herby acknowledges and agrees that: (a) Pursuant to the requirements of Section 149 (e) of the Internal Revenue Code of 1986, Lessee is responsible for preparing, executing and timely filing an "Information Return for Tax-Exempt Governmental Bond Issues" (I.R.S. Form #8038-G) in connection with this transaction. (b) Lessee will provide Lessor with a copy of the I.R.S. Form 8038-G on or before 45 days following the end of the calendar quarter in which this transaction was funded. By execution hereof, the signer certifies that s/he has read this Agreement and that s/he is duly authorized to execute this Agreement on behalf of Lessee. Lessor: He -Pac rd C'.t``rny j 'Lessee: Weld)County/ ,Sheriifff's Dept. By By /(( / ,t>�� I/�( L .1/lam' Audio sg"wVn .wmomw sdn.,ur( Name Name W. H. Webster, Chairman (12/28/94 Weld County Board of Title Date Title Commissioners Date 12/21/94 • CSI] PHE ACKARD 941310 FRD049460 EARLY BUYOUT/UPGRADE SCHEDULE CUSTOMER: WELD COUNTY SHERIFF ' S DEPT . CONTRACT NUMBER: CONTRACT TYPE: STATE/LOCAL GOVERNMENT PAYMENTS AREA IN ARREARS EFFECTIVE DATE OF RATES USED: 10-12-94 CUSTOMER RESPONSIBLE FOR PPT (IF APPLICABLE) RATE: 2 . 064% EVERY MONTH BEGINNING IN MONTH 1 Buyout is 96. 97% after month 3 * Buyout 95 . 60% after month 4 Buyout is 94 . 23% after month 5 * Buyout 92 . 85% after month 6 Buyout is 91.45% after month 7 * Buyout 90. 05% after month 8 Buyout is 88 . 63% after month 9 * Buyout 87 . 21% after month 10 Buyout is 85 . 77% after month 11 * Buyout 83 . 83% after month 12 Buyout is 82 . 37% after month 13 * Buyout 80. 91% after month 14 Buyout is 79 .43% after month 15 * Buyout 77 . 94% after month 16 Buyout is 76 . 44% after month 17 * Buyout 74 . 93% after month 18 Buyout is 73 . 41% after month 19 * Buyout 71 . 88% after month 20 Buyout is 70 . 34% after month 21 * Buyout 68 . 78% after month 22 Buyout is 67 . 22% after month 23 * Buyout 65 . 64% after month 24 Buyout is 64 . 05% after month 25 * Buyout 62 . 45% after month 26 Buyout is 60. 84% after month 27 * Buyout 59 . 21% after month 28 Buyout is 57 . 58% after month 29 * Buyout 55 . 93% after month 30 Buyout is 54 .27% after month 31 * Buyout 52 . 60% after month 32 Buyout is 50. 92% after month 33 * Buyout 49 . 22% after month 34 Buyout is 47 . 51% after month 35 * Buyout 45 . 79% after month 36 Buyout is 44 . 06% after month 37 * Buyout 42 . 31% after month 38 Buyout is 40. 55% after month 39 * Buyout 38 . 78% after month 40 Buyout is 37 . 00% after month 41 * Buyout 35 . 20% after month 42 Buyout is 33 . 39% after month 43 * Buyout 31. 56% after month 44 Buyout is 29. 73% after month 45 * Buyout 27 . 87% after month 46 Buyout is 26. 01% after month 47 * Buyout 24 . 13% after month 48 Buyout is 22 . 24% after month 49 * Buyout 20. 34% after month 50 Buyout is 18 . 42% after month 51 * Buyout 16 . 48% after month 52 Buyout is 14 . 54% after month 53 * Buyout 12 . 57% after month 54 Buyout is 10. 60% after month 55 * Buyout 8 . 61% after month 56 Buyout is 6. 60% after month 57 * Buyout 4 . 58% after month 58 Buyout is 2. 55% after month 59 * Buyout 0 . 00% after month 60 THE ABOVE BUYOUT PERCENTAGES ARE PREDICATED UPON THE FOLLOWING ASSUMPTIONS: *THAT NO EVENT OF DEFAULT HAS OCCURRED AND IS CONTINUING AT THE TIME THE BUYOUT IS QUOTED. *THAT ALL RENTS DUE ARE CURRENT. *THE ABOVE PERCENTAGES APPLY TO THE AMOUNT FINANCED ONLY AND DO NOT INCLUDE APPLICABLE TAXES (IF ANY) . PERCENTAGES INCLUDE PERSONAL PROPERTY TAX RECAPTURE (IF APPLICABLE) AND A PROCESSING FEE. 941.a20 paHEWLETT ® Quote Numbe. :440C-34315 PACKAPD WELD CO. SHERIFF' S DEPT . Quote Date: DEC 16 , 1994 Quotation Page Revised:12-16-94 11 : 08 Page 1 of Customer : WELD CO . SHERIFF' S DEPT. 910 10TH. AVE . GREELEY, CO. 80631 ATTN: LARRY PEDERSON 303-356-4015 FAX : 303-353-8551 HP Contact : Kevin M. Larson Hewlett-Packard Company 3005 Center Green Drive, Suite 205 Boulder, CO 80301 (800) 477-6444 3052 Terms : Net 30 days , subject to credit approval All list prices are for U. S .A end use only. All list prices are firm for 60 days . This quotation is subject to HP terms and conditions of : E16 930601 FOB : Destination Please Submit Purchase Order to : Hewlett-Packard Company Analytical Business Center 2850 Centerville Road M/S# 37 Wilmington, DE 19808-1610 FAX: 1-302-633 -8954 (800) 628-1971 Authorized by: ALAN HIRST Area Quote Coordinator 91'1.319 ChHEWLETT ® Quote Numbei:440C-34315 r/ PACKARD WELD CO. SHERIFF' S DEPT . Quote Date: DEC 16 , 1994 Last Revised:12-16-94 11 : 08 Quotation Page 2 of C SUMMARY Net Price Monthly Charge Annual Charge Hardware : $55 , 540 . 00 Software : $14 , 620 . 00 Single Event Support : $2 , 650 . 00 $72 , 810 . 00 $0 . 00 $0 . 00 941-ling h HEWLETT ® Quote Numbe_ :440C-34315 rA PACKARD WELD CO. SHERIFF' S DEPT. Quote Date: DEC 16, 1994 { Last Revised:12-16-94 11 : 08 Quotation Page 3 of 6 Product Suffix Unit Extended Item Qty Description Price Price 0100 1 5972A Delivery: 5 weeks 32 , 950 . 00 32 , 950 . 00 High Sensitivity MSD Mainframe for HP5890GC only. Requires power option, data system, GC, and software . For use with HPIB/DOS . 0200 1 G1034C Delivery: 3 weeks 7, 000 . 00 7, 000 . 00 MS ChemStation (DOS Series) OP Software for HP 5970B, 5971A, 5972A, & 5989A MS . Rev C. 02 . 03 . DOS 6 , Windows 3 . 1, and Excel 5 are not included. Requires 10MB of free disk space . 1 Option 710 Delivery: 3 weeks 410 . 00 410 . 00 MS Interface Card for PC with AT bus . This card is included with the G1030A computer bundle & is req only when used with some other 386/486PC. Installation incl when purchased w/G1034C SW & Vectra 0300 1 C2037A Delivery:TBA 1, 839 . 00 1, 839 . 00 LaserJet 4 Plus 12 ppm, 600 DPI laser printer . Bi-Tronics (parallel) and RS232 (9-pin serial) connections and MIO slot . Includes toner cartridge . Must order op- tion. No I/O cable is included. 1 Option ABA Delivery: 3 weeks 0 . 00 0 . 0( LaserJet 4 Plus 12 ppm printer with US- English localization. English manuals and 110/115V, 50/60Hz , US power cord. American English software package . Letter size paper tray. 0400 1 24542D Delivery:4 weeks 45 . 00 45 . 01 Parallel Printer Cable used with 24540B interface to connect a printer equipped with a centronics-type 36-PIN male connector. Length = 2m. 0500 1 59822B Delivery: 6 weeks 1, 545 . 00 1, 545 . 0( Ion Gauge Controller (only) for HP MSD. IG tube, fittings, installat- ion NOT included. Requires option 071 for 5971A with S/N <3049AXXXXX. Requires 59822-60070 for 5970 S/N<2923A12100 . 941319 �WHEWLETT ® Quote Numbe_ :440C-34315 // PACKAR❑ WELD CO. SHERIFF' S DEPT . Quote Date: DEC 16 , 1994 Last Revised:12-16-94 11 : 08 Quotation Page 4 of 6 Product Suffix Unit Extended Item Qty Description Price Price 0600 1 G1035A Delivery: 3 weeks 3 , 090 . 00 3 , 090 . OC Wiley Library of 138 , 000 MS Spectra on 3 . 5" media . For G1034A/B/C (DOS) software . PBM format . Requires 84MB of free disk. 0700 1 G1039B Delivery: 4 weeks 4 , 120 . 00 4 , 120 . 0C Pfleger MS Drug Library for DOS ChemSt . of MS&GC Data of 4370 Drugs, Poisons, Pes- ticides & their Metab. PBM Rev. Search, 3 . 5" media . Specify #AA9 for 5 . 25" media G1034A/B/C DOS SW and 4 . 5MB disk sp req. 0900 1 5890E Delivery: 6 weeks 7, 830 . 00 7, 830 . 0( Chromatographic Mainframe HP 589O Series II Plus with Electronic Pressure Control 1 Option 605 Delivery: 6 weeks 3 , 710 . 00 3 , 710 . 0( Mass Selective Detector Bundle Split/Splitless capillary inlet with EPC and MSD configuration. Also includes HPIB, HP-5MS column, traps, liner, Mer- lin Microseal septum. 1 Option 041 Delivery: 6 weeks 805 . 00 805 . 0( Auxiliary EPC - Gas saver configuration Provides split vent flow control for split/splitless inlet (mechanical or EPC versions) . Provides gas savings during off hours and setting of split ratio. 0950 1 D3087A Delivery:TBA 3 , 399 . 00 3 , 399 . 0( HP Vectra XU 5/90 PC Mod. 540/8MB; Intel Pentium 90Mhz CPU; 256Kb async-cache;PCI fast IDE, fast SCSI-2 , Ethernet LAN & Graphics; 3 ISA, 1 PCI , 1 combo slots ; 540MB SCSI-2 HD; DOS, Windows, Dashboard 1000 1 D2807A Delivery:TBA 1, 074 . 00 1, 074 . 0( Flat square color Display w tilt/swivel base . Supports upto 1280x1024/60Mhz .Meets MPRII + EPA guidelines . Supports Power Management w HP PCs . Autoranging. Power supply. Power cord option required. 9' 4210) FHEWLETT ® Quote Numbr. :440C-34315 PACKARD WELD CO. SHERIFF' S DEPT. Quote Date: DEC 16 , 1994 Quotation Last Revised:12-16-94 11 : 08 Page 5 of 6 Product Suffix Unit Extended Item Qty Description Price Price 1100 2 D2975A Delivery: 2 weeks 439 . 00 878 . 00 Memory Expansion Kit - 8MB 70ns 8MB Memory Module for HP NetServer series and Vectra XP PCs . 1200 1 D2035A Delivery: 3 weeks 175 . 00 175 . 00 Low Profile; in 3 . 5" Rails For Vectra 386/16N, 386/20N, 486S/20 1300 1 D2992A Delivery: 8 weeks 395 . 00 395 . 00 HP Internal SCSI-2 CD-ROM Internal SCSI-2 CD-ROM (tray load, dual speed, 325ms access time, 1/3 stroke) for use with HP NetServer LF and LM systems . 1400 1 H4043A 1, 990 . 00 1, 990 . OC This 5 day hands-on operational course provides instruction on the use of the HP G1034A (MS-DOS) software system with the HP 5971A Mass Selective Detector. 1800 4 H5948A 165 . 00 660 . 0( One Hour Instrument Installation Labor for Analytical products . Labor only. 1900 1 APCC-600UX Delivery: 3 weeks 895 . 00 895 . 0C Uninterruptible Power Supply, 600 VA/120 Vac line interactive, power backup for the HP9000 Series 400/700 computers; in- cludes power monitoring software for HP-UX (DAT media) . *** GROSS AMOUNT: $72 , 810 . 0( *** GRAND TOTAL: $72 , 810 . 01 Prices quoted include prepaid HP standard transportation. Taxes, if applicable, are not included. Payment on partial shipments will be considered acceptable unless otherwise noted on your purchase order. Please note on your order your requested delivery date . 941310 rhp t. HEWLETT ® Quote Numb . :440C-34315 l/A PACKARD WELD CO. SHERIFF' S DEPT. Quote Date: DEC 16, 1994 Last Revised:12-16-94 11 : 08 Quotation Page 6 of 6 Product Suffix Unit Extended Item. Qty Description Price Price This quotation is subject to the Terms and Conditions of Hewlett-Packard' s Exh. E16 or buyer' s purchase agreement . Please reference Hewlett-Packard' s quote number, purchase agreement (if applic- able) and item sequence on any resulting purchase order. Please contact your HP Sales Representative for technical questions . h HEWLETT Hewlett-Packard Company /J PACKARD Express Financing 5201 Tollview Drive Rolling Meadows,IL 60008 December 19, 1994 Larry Pederson Weld County Sheriffs Dept. 910 10th Avenue Greeley, CO 80631 Dear Larry: Please find the Hewlett-Packard 60 month State/Local Govt. Financing Agreement for your review and signature. Please sign the agreement and fax it to me at 708-342-2090. Also, at your earliest convenience please send the original signed agreement to my attention at the above address. Please indicate your tax status for this order. If you have a Direct Pay Permit or are exempt from Sales/Use tax in the state the equipment will be located, please fax a copy of your permit or exempt certificate along with your signed agreement. Should you have any questions regarding the agreement, please call me at 1-800-HPLEASE (1- 800-475-3273) or at 708-342-2221. Thank you for choosing Hewlett-Packard for both your equipment and financing needs. Best regards, Colleen Thornton Sales Finance Representative 9' 13?s) eit er set�`r Interoffice Memo rku,{4' To: Don Warden ll y From: Rick Dill: Date: December 1 , 1994 Re: Regional Lab Equipment Lease The Greeley/Weld County Regional Forensic Laboratory Board of Supervisors has approved the lease/purchase of a Hewlitt Packard GC/MS beginning in 1995. The funding for the agreement was included in the approved 1995 budget appropriation. The lease agreement is attached. I've placed paperclips where a contract authority signature is necessary. For the purpose of the agreement,Weld County would be the contract authority on behalf of the Lab Board of Supervisors. A key government rider is included which states the Board of Supervisors intends to fund the lease for the duration of the agreement but allows the return of the equipment without penalty if funding is not approved. I request the agreement be placed on the agenda for signature by the Board of County Commissioners at their Wednesday, December 21 meeting. Lease payments would not be payable . until 1995 but the authorization at that time would allow the vendor to order the equipment. Please advise if you have any questions. cc: Sheriff Jordan Larry Pedersen 941300 Hello