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HomeMy WebLinkAboutLenovo Master AgreementFtnanclai Schedule to Master State & Local Government Lease Agreement Services This Schedule No. 1396364 (the "Schedule") to Master State 8 Local Government Lease Agreement No. 1028812 (the "Master Agreement") contains the terms of your agreement with us. Please read it carefully and ask us any questions you may have. The words you, your and lessee mean you, our customer. The words we, us, our and the lessor, mean Lenovo Financial Services. Product/Equipment Description Quantity Description Product/Equipment Address See Attached Additional Product Addendum 10101 State Street, Tamarac, FL 33321 For additional equipment and accessories, attach addendum. Purchase Option If no box is checked or if both boxes are checked, the Fair Market Value purchase option will apply: ® Fair Markel Value ❑ $1.00 Purchase Option ❑ Other Term and Lease Lease Payment $71,883.00 (plus taxes, if applicable) Term (Years) 3 Payment Frequency Annual Variable Payment Schedule if applicable: (Attach "Payment Schedule Addendum" if necessary) payments @ _; followed by _ payments @ _followed by _ payments @ _; followed by _ payments @ _ Payments are due in Advance Documentation Fee: $ (due with first invoice) Additional Provisions: First Annual Payment is due 30 days after Lease Commencement PLEASE NOTE: Certain state and local government lessees must sign an additional addendum document ORIGINAL copy 2 of 2 - only copy 1 of 2 is considered the original for Chattel Paper purpgsesi. S LESSOR: Lenovo Financial Services 10201 Centurion Parkway N. #100 Jacksonville, FL 32256 pCut0, C 1 e r_��o �1�1t-Q q �- / t nzedISA I,L2 \'� t L VLF. ate L—�gned Bunted Name It rint Title Lessee City of Tamarac Lessee Legal Name Lessee °Doing Business As' Name 7525 NW 88" Avenue Billing Street Address Tamarac, FL 33321 Billing City, State, Zip Michael C. Cernech, City Manager, 954-597-3515 Billing Contact Name 8 Phone No, Lessee Phone Number (if different from above) TERMS AND CONDITIONS BY SIGNING THIS SCHEDULE: BY SIGNING THIS SCHEDULE: (i) YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS ON THIS SCHEDULE AND THE MASTER AGREEMENT; (d) YOU AGREE THAT IF A COPY OF THIS SCHEDULE IS SIGNED BY YOU AND IS DELIVERED TO US BY FACSIMILE TRANSMISSION OR OTHERWISE, TO THE EXTENT ANY PROVISIONS ARE MISSING OR ILLEGIBLE OR CHANGED (AND NOT INITIALED BY BOTH YOU AND US), THE TERMS AND CONDITIONS OF THIS SCHEDULE AND THE MASTER AGREEMENT IN USE ON THE DATE WE RECEIVE THE COPY SIGNED BY YOU WILL BE THE TERMS AND CONDITIONS OF THE SCHEDULE, (iii) YOU AGREE THAT THIS SCHEDULE IS A NET LEASE THAT YOU CANNOT TERMINATE OR CANCEL EXCEPT AS SPECIFICALLY PROVIDED IN THE MASTER AGREEMENT, YOU HAVE AN UNCONDITIONAL OBLIGATION TO MAKE ALL PAYMENTS DUE UNDER THIS SCHEDULE, AND YOU CANNOT WITHHOLD, SET OFF OR REDUCE SUCH PAYMENTS FOR ANY REASON. (iv) YOU AGREE THAT YOU WILL USE THE EQUIPMENT ONLY FOR BUSINESS PURPOSES; (v) YOU WARRANT THAT THE PERSON SIGNING THIS LEASE FOR YOU HAS THE AUTHORITY TO DO SO. (vi) YOU CONFIRM THAT YOU DECIDED TO ENTER INTO THIS SCHEDULE RATHER THAN PURCHASE THE EQUIPMENT FOR THE TOTAL CASH PRICE', AND (vii) YOU AGREE THAT THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE WHERE THE EQUIPMENT IS LOCATION. YOU CONSENT TO THE JURISDICTION OF ANY COURT LOCATED WITHIN THAT STATE. BOTH PARTIES EXPRESSLY WAIVE TRIAL BY JURY AS TO ALL ISSUES ARISING OUT OF OR RELATED TO THIS SCHEDULE. Should the above jury trial waiver be found nenf—able, then, upon the written request army patty, any dispute, including any and all questions of law or fact relating thereto, shall be determined exclusively by a judicial ref eno, proceeding in —dance with Cal. Civ Proc. Code 6 638 at seq. or the applicable state equivalent stare law The parties shall select a retired state or federal judge as the refree. The referee shall reporta statemenr of decision to the Court, LESSEE SIGNATURE City of Tamarac Less al Na e Authorized Signature Date Signed Xm fcll rcc / C. C'-,.ea, Print Signer's Name — /r1Rga 4b' Print S ner's Tlde .T9- /a3 9SSJ Federal Tax ID Number Le„ovo SLGt WS N012015 Page 1 of t Financial Services Additional Product Addendum to Schedule #1396364 to Master State & Local Government Lease Agreement #1028812 This Additional Product Addendum is made a part of the Product Schedule to Master State & Local Government Lease Agreement ("Lease") identified above by and between City of Tamarac ("Lessee") and Lenovo Financial Services ("Lessor") and adds the below Products thereto. Capitalized terms used by not defined herein will have the same meaning given them in the Lease. Product Description Quantity Product Description 1 Lenovo ThinkPad X1 131 Lenovo ThinkCentre M700 84 Lenovo ThinkPad X1 4 Lenovo ThinkStation P310 2 Lenovo ThinkPad P70 2 Lenovo TP Workstation Dock 131 Lenovo ThinkCentre Tiny Clamp Bracket Mounting Kit 85 Lenovo ThinkPad Onelink+Dock Product Address 10101 State St., Tamarac, FL 33321 10101 State St., Tamarac, FL 33321 10101 State St., Tamarac, FL 33321 10101 State St., Tamarac, FL 33321 10101 State St., Tamarac, FL 33321 10101 State St., Tamarac, FL 33321 10101 State St., Tamarac, FL 33321 10101 State St., Tamarac, FL 33321 This Addendum supplements and amends the Lease only to the extent and in the manner set forth, and in all other respects the Lease will remain in full force and effect. Lessor: Lenovo Financial Services 10201 Centurion Pkwy #100 Jacksonville, FL 32256 o Authorize ignature AA CyA l ve t IU J Print Name ��iOAU Q � Print Title Date Si d Less a Sig na e Authorize Signature A ,-kae f C, 4'.wec b t'rf�, Ma it Print Signer's Name 1 Title �— Date Signed September 2, 2016 City of Tamarac PC Replacement Program Terms and Conditions — COT Supplement Warranty • Next business day on -site warranty for the duration of the lease option • Accidental damage protection (laptops, tablets, hybrids) for the duration of the lease Hardware • 17 or better • 16 GB RAM (32 for workstations) • GB NIC • Wireless Adapters (N,G,AC) • GOBI Chip for Laptops, tablets, hybrids • 13 inch to 14 inch screen size for laptops / tablets • Touch screen for laptops / tablets • Desktop mounting kit behind the monitor • Docking station with charging, turn on / off, three monitor support Software • Windows 10 Home License (Not installed) • City of Tamarac provided image to be installed Financial Services Budgetary Finance Proposal To: City of Tamarac From Diane Orr -Fisher Date. January 19, 2017 Lenovo Financial Services (LFS) is pleased to propose the following equipment financing solution for City of Tamarac. I would be delighted to discuss with you in greater detail how LFS can assist you in creating a sustainable refresh plan for your IT equipment. LFS is uniquely qualified to support and manage opportunities with customized and integrated processes that complement or work in parallel with Lenovo and your business partner. Some benefits you may enjoy when financing with us are: • Total Life -Cycle Management— We offer life -cycle management of your technology assets from acquisition to disposition allowing your organization to always have the most current technology at the lowest cost. LFS will work with your supplier to ensure a seamless procurement process. • Lower Upfront Costs — 100% financing reduces deployment costs, providing your company with an ability to acquire the IT assets you need today without impacting cash flow. In addition to preserving working capital and keeping credit lines intact, using an LFS finance solution allows a quicker ROI. • Ability to Bundle Costs— LFS offers you the option of financing your entire IT solution including, hardware, software, and business partner services into one transaction. • Protection Against Advancing Technology— Financing through LFS allows you to utilize the latest technological advances with minimal financial impact or risk. Depending upon the lease structure selected you can add -on or upgrade during the term of the contract, or you can choose to return, extend or purchase the assets at the end of the contact. • Premier Client/Optlonal Services — These services are available to major accounts that typically feature an extensive number of assets in multiple locations. We assign a dedicated specialist to serve you during the life of the relationship. Your specialist develops a deep understanding of your invoice and payment requirements as well as other unique elements of your transaction. LFS welcomes the opportunity to discuss optional services such as "pack and ship" and data scrubbing with certification. • Quality Digital Solutions — QDS is our online customer portal allowing you 24f7 access to manage your IT financed assets. From this site you can manage your entire portfolio of lease schedules and contract information. Lenovo Financial Services quote parameters for this opportunity are as follows: Lessee: City of Tamarac Lessor: Lenovo Financial Services ("LFS") Equipment: See Lenovo's equipment response and below Equipment Cost: See below Term: 36 month, Fair Market Value Lease options, 'I't payment due 30 days from lease commencement. Three year option FMV annual payments Equipment Cost FMV 3 year Annual payment 131 - M700 $79,169.85 $ 23,704- 84 - X1 Yoga $ 136,468.00 $41,702 4 - P310 $5,042.00 $1,510 2 - P70 $3,897.00 $1,191 2 — WS Dock $389.98 $ 11§__ 131 Mounting Kit— $2,749.69 $841 85 Onelink Dock $7,649.15T $2,338 1 —X1 Yoga $1,565 1 $478 Implicit rate on this quote is -8.2% FMV Purchase Option: At the end of the lease term, provided all obligations have been met, you may exercise one of the following options: 1) Return some or all of the equipment to LFS, or 2) Purchase some or all of the units for the then Fair Market Value as defined in the MLA, or 3) Renew some or all, of the units for a fixed term at the Fair Market Value renewal rate. Credit Conditions: This quote is subject to final credit approval and assumes agreement to and approval of lease documentation by LFS including, but not limited to a Master Lease Agreement and any other associated documentation reasonably required by LFS. Pricing Conditions: The rate factor used to determine the payment provided in your quote, and on this Lease, is valid for 30 days from the date the quote was issued. Between the 30th and 90th day, the rate factor used in establishing your payment may change if the like term swap rates move by more than 25 basis points from the like term swap rate in effect on the date your quote was issued. LFS reserves the right to re- price this transaction in the event of a major dislocation in the financial markets or after 90 days past the quote date. Rates provided are subject to LFS' final credit, equipmenttsoft-cost configuration, and documentation review and approval. Legal Opinion Lessee will be required to provide an attorney's opinion for this transaction to certify, among other things, that the transaction (and the related documentation) has been duly authorized, executed, delivered, and that it constitutes a legal, valid, and binding obligation in accordance with its terms. Non -Appropriation The financing or lease will be subject to termination in subsequent fiscal years if sufficient funds are not appropriated and budgeted or are not otherwise available to continue making payments for the equipment or other services performing similar functions and services This document is not intended to be a binding agreement to the parties with respect to the subject matter hereof. A binding agreement will not occur unless and until all necessary corporate approvals have been obtained and the parties have negotiated, approved, executed and delivered definitive agreements. Until execution and delivery all definitive agreements, the parties shall each have the absolute right to terminate all negotiations for any reason without liability or obligation. LFS trusts you will find the above proposal acceptable to your specific financing needs. Please let me know if you would like us to present alternative terms and pricing that may better suit your requirements. Diane Orr -Fisher Regional Finance Manager Lenovo Financial Services Email: diane.orr-fisheralenovofs.com Hewlett Packard Enterprise Financial Services An LIFE Company 200 Connell Drive Berkeley Heights, NJ, 07922 January 23, 2017 —.1-o.com Hewlen Packard Enterprise Financial Services Company "HPEFS" rs pleased io Cni City of Tamarac, FL with the following proposal for a possible lease/financi ng transaction with HPEFS subject to the terms of this letter. Lessor: Hewlett Packard Enterprise Financial Services Company Lessee. City of Tamarac, FL Supphen'VendPf: Office Depot - HPI Lease Plan/Type. Fair Market Value (FMV) Lease Term(Term (in months): 36 months - see payment structures below Equipment: See attached equphi list Payment Structure: CoSTCaSh Price Payment Factor Payment Amount Rate Total Payments 36 Monthly - Quote 31107 Rev. 1 $255,328 0.02563 $6,544 -5.15% $235,571 3 annual - Quote 31107 Rev. 1 $255.328 0.29981 $76,550 -9 74% 5229,650 The Payment Facri and Payment Anal above are based on the Products, Product mix and Coati Price in the attached equipment list These will be subjaef to change it quote Quote Expiration: The pricing set forth in this proposal shall expire as of 3/31/2017 Net Lease: Lessee shall be responsible for any end all taxes , fees, mamtenance, insurance, h gishabon and other fees and charges relating to the purchase, lease, ownership, possession and use of the Equipment End of Lease Term Option, FMV Purchase Colton (aoolicable only if Lease Plan above s FMV Purchase of onl' Upon expiration of the Prig Upon FMV lease term, Lessee may exercise the following options: a) Continue to lease on a month -to -month bass b) Renew and extend lease at a reduced Is c) Request a Fair Market Value buyout from HPEFS d) Return the equipment to HPEFS Documentation: All documentation to be provided by HPEFS, and is subject to the parties' agreement on mutually acceptable terms and Conditions. Cbnfidantialay: This letter is tlehveretl to you with the understanding that neither this tatter nor its substance shah be disclosed by Lessee to any thud pang Basis of Proposal. This letter is a proposal for ch—ssion purposes only and does not represent ether an offer or a commitment of any kind on the part of HPEFS. It does not Cup- to bell of all terms and contlsions that will apply to a leasing transaction between us. Neither parry to the proposed transaction shall be under any legal obligation whatsoever until, among other things, HPEFS has obtained all requited internal approvals (including credit approvals) and both parties have agreed upon all essential terms of one,posetl trarsaceon and executed mutually acceptable definitive written tlocumernation. This proposal can be modified or withdrawn by HPEFS at any time. Either parry may terminate discussions and negotiations regarding a possible transaction at any time, without cause and without any liabi ley whatsoever. Expiation Date. If HPEFS does not receive this proposal letter executed by City of Tamarac, FL, by the 151h of I prior month, same year, from the above Rate Exprmhon date, this proposal letter shall expire and wi if no longer be effective unless extended by HPEFS. HPEFS trusts you find the above proposal acceptable to your needs. If you have any questions concemmg the proposal please contact me. In addition, please let me know if you would like us to present alternative terms and pricing that may better sud your needs. Sincerely, HEWLETT PACKARD ENTERPRISE FINANCIAL SERVICES COMPANY mesas irate: Dallas R. Ustrud Customer: City of Tamarac, FLn E-mail: dePc int Name: l Phone: 404-516-8826 5lgnatur ^ ' �o 4 Dell P,.p ... dF,, C[TY OF TAMARACFinancial EfM of Term OpGona: Mn rave:r.,N C.— Wright I.-- L L C ru Dnf 11a . PR8 23 Ro.are Feek T 7S­ Tr+t R.­ ploy cout4 at a lino item. ar.<r incl.rae lour etleresc es n+o- SNla rp deginnurrr 1b. 1— ;UMLNIATLO& 11 -1— tv Page 1 of 1 Fi1t�n_fi?E $tarvKnti Master Lease Number. 10288I' Master State & Local Govemment Lease Agreement This Master State 8 Loral Government Lease Agreement #1028812 (the "Master Lease") contains the terms of your agreement with us. Please read it carefully and ask us any questions you may have. The words you, your and lessee mean you, our customer. The words we, us, our and the lessor, mean Lenovo Financial Services 1. LEASE; DELIVERY AND ACCEPTANCE. YOU agree to lease the equipment ('Equpmenr), and enance any Software alsannose described in any Schenck (collecWely the 'Produclsl that corporates this Master Lease by reference, A schedule to this Master Lease ("Schedule") shall mcmpo tale thes Master Lease by reference by Isling the Master Lease Number set froth above on Me Schedule Each Scroll Mal incappmle5 this Maslen Lease shall be gummed by the ems and conddhons of this Master Lease, as well as the ance antl con to is set font in such Indmdual Schedule Each Stheduk shall conetiWte an agreement separate and distinct trap this Master Lease and any other Schedule I, the event of a col l oeMaen the provisions or Nse s Master Leaantl a Schedule, the prowsams of the Schenck shad govern but only with respect to that Schedule The du minae0n of Ms Master Lease wall rot affect any Schedules ..,led before the eHeceve data of such termination If you have entered into any purchase agreement or purChase Order (Rumhau Contract") with any Vendor (as set forth on the applicable Schedule), You aesgn to us your nold under such Purchase Conti but none of your obligations (other Nan the Obligation W pay for the Equipment d it Is accepted by you as staled below and you timely deliver 1.us such documents and asaumnuas as we request) If you have not entered into a Purchase Contract you authonze us to enter into a Purchase Contract on your behalf You will ahange for the delivery of the Products to you When you recewe the Equipment, you agree to inspect it to determine 0 it Is in good working Order Each Schedule, upon the Whary to us of a signed Delivery and Acceptance Contribute, will in deemed meWcaby accepted by you and will continue for the number of months specified in the Schedule, unless earlier ter:nMeed m armmanre wit' Sedan 16 Of the Master Lease The fast Lem Payment led Specified in the applicable SChaduts) a due on or after the data the Equipment s delivered to you The remaining Lease Payments (as speeded ,n the apptcabk Schal lg) will be due on the day of each Subsequent month (or such other time prod specified in each Schedule) designated by us. You wdll make all payments required under such Schedule to ua at such, address au, we may specify in wnWg If any Lease Payment or other amount Payable under any Schedule is not paid within 10 days of its due date. you oll pay us a lee charge equal W the greater Of 1,) 5% of each late payment, or In) S5.00 for each late payment (or such esser amount as is the muckinsurnamount allowable under appllcable law ) 2 NO WARRANTIES. We are leasing Ne EquipmentW you "AS -IS". YOU ACKNOWLEDGE THAT WE DO NOT MANUFACTURE THE EQUIPMENT, WE DO NOT REPRESENT THE MANUFACTURER OR THE SUPPLIER, AND YOU HAVE SELECTED THE EQUIPMENT VENDOR BASED UPON YOUR OWN JUDGMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. YOU AGREE THAT REGARDLESS OF CAUSE, WE ARE NOT RESPONSIBLE FOR AND YOU WILL NOT MAKE ANY CLAIM AGAINST US FOR ANY DAMAGES, WHETHER CONSEQUENTIAL, DIRECT, SPECIAL, OR INDIRECT. YOU AGREE THAT NEITHER SUPPLIER NOR ANY SALESPERSON, EMPLOYEE OR AGENT OF SUPPLIER IS OUR AGENT OR HAS ANY AUTHORITY TO SPEAK FOR US OR TO BIND US IN ANY WAY. We transfer to you for the term of each Schedule any warantiea mace by the manufacturer or Supplier with respect to the Equipment IEaeed pursuanl to such, Schedule 3, EQUIPMENT LOCATION; USE AND REPAIR; RETURN. You may nave the Products enNin the continental Omen Stales Mvtdeo you give us wren notif Iron of Me rave -thin 30 data of the move, and you agree that you will be labia to any Increase in any personal properly titles US a result of that relocaton. Fw laptop computers, PDAS. and other moods devices, Me location listed on the Schedule Site base bcefion ('Rase LecatanC but these mooile chub% may be kmpomNy located at other locations and you of nody, Us and be responsible for any tale increases Should the Base Local change. At your own cost and 0npence, you will keep the Equipment eligible for any manufacturer's certifxalion, In compliance with all applicable lave, and m good cotddbn except flu ordinary wee and flux. You will Out make any Skeletons. adddaos or replacements W the Equipment wthout our pnor written consent AT alterations, additions or repacerents veil become pan of the Equipment and our property at no at Or expense to Us We may inspect the Equpment at any reasonable tame after advance notice to you. Unless you purchase the Equipment in accordance with the toms of the applicable Schedule, at the and of x upon krmimbon of each Schedule you IN Irrmediaky return the Equipment subject W each expired Or kM,,ud d Schedule W us, in good =oil- and repair, Subject to ordinary wear and ear, ro any place in the Unletl States that we tell you You will pay all remaining unpaid tease payments, late charges, insurance charges, and our eshmaed property taxes on the Produce foassd upon the prior year's actual property loin shipping and other expenses. and you will insure fire Product for its full raplacement vaiue during shipping. Unless we modest It" W us, you must retain physical possession of the Products through the end of the initial or any renawal ease tern of any Schedule. You may, at the bone of providing your end of lease notice W us, Sect W SubstiWle and return a surdar piano of equipment at end of a Schedule in the event the specific piece of Equipment that has reached end of lease is not rnmeoialey avadabe for ntlum. In crow W elect a like Or like velum, you must idenhy the Equipment being retained by sepal number art the Equipment being returned shall be the same model, configured Similarly, as the Equipment being retained. If the subedtued Egmderal vas also leased by us, the Equipment retained past its original end of lease date must then be returned to ifs at or before the end of ease data for the sutshuded Equipment that was prewousy returned If Me substiWkd Equipment in not under a lease with US, then you shall at the bme of mWm. provWe as win a bill of sae fill the subsduted Equipment pnol ing us win free and clear file to the Substituted Equipment 4 DATA SECURITY: Some or all or the items of Equipment returned to Us al any time may contain ensitive information or data belonging to your organization, or your custoreedclientslpatients, that is stored, recorded, or in any way contained within or on the Equipment. You specifically agree that before the Products are shipped to or re neved by ua or our agents, or removed by a supplier, you will, at your sole cost and expense, permanently destroy, delete and remove all such information and data that is stored, recorded or in any way contained within or on the Products, to the extent that further dvery of any of such data and information is not possible. You have the sole responsibility to so emstroy, delete. and remove an date and information stored in or on the Equipment. We new absolutely no liability for any data m information that you fail to so desVoy, delete. and remove. All ham drives and other data retention components must function as originally installed after data removal, 5. TAKES AND FEES. You are responsible flu all sales and use (unless you chunde Us win an acceptable SaeSNae Tell exemption term), personal property a other takes relating to the Use or owrmmthp of the Products, now or hereafter imposed, Or assessed by arty state, federal, or teal government or agency. You agree W pay when tlue, Or reimburse us for all taxes, fines or penalties imposed upon the Equipment and, I m elect you agree m pay a estimated pop" taxes enter with each lease payment or annually as rwgked by us. We will fie all sales, use and personal property tar returns (unless we nody, you othermse m writing) We do not have to contest any Wes, fines or penalties, however, you may do so provided (a) you do win your con name and at your own expence. (b) the contest will not insult in any soft of lien bang placed on the Products Or offers en posam¢e our nghis in any of the Products, (C) you pay se for any Lazes we ramped to me taxing auNpriees even though you le contesting the taxes and indemnify and hold us harmleas for any expenses, Including legal expenses, we incur as a result of such Contest. If vie file such personal property tax respond, you will pay property Was as rnecow by us. 6. LOSS OR DAMAGE. As between you and us, you are nesporoude for any loss, theft destruCWn W, or damage to, the Equipment (collectivey,'Loall hom any cause at all, whether or not insured, until delivered W s at the end of the applicable Schedule. You are required W make all Lease Payments even d there is a Loss You must nody us in writing mmedieey of any Loss Thai, at our option, you wll enter (a) mpau the Equipment So that It is in good cond0on and working goer, eligible for any manufacturer's cerbfeatWn, or (b) pay us the amounts Specified in Section 10(b) bible Master Lease 7. INSURANCE. You will provide and mends, at your expenses propertyinsurance against the loss, theft or tlesVuceon of or damage W, the Equipment for its full replacement value, naming us as ass payee, and (2) public liability and third parry properly insurance Caning us as an additional insured. If you so request and dove give our prior written consent in lieu of maintaining the Insurance deembed in the preceding sentence, you may an# neure against soon days, provided that our interests are protected to the same extent as if the insurance required in douses (1) and (2) above had been obtained by them parry insurance carriers and provided abler that Such saff insurance program s consistent with prudent business will respect to insuring such risk You will give us certificates or other evidence of such Insurance on the Commencement date of the eau and at such ores as we request All insurance obtained ham a third parry insurer volt be in a form, amount and with companal acceptade W is, and Nil provide that we be given 30 days advance notice of any cancellation or material Charge of such insurance IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding of terrorism and money laundering activities, redeeml law requires all financial Instdutions to obtain, verify and record information that Identifies each person who opens an amount What that means for you: When you open an account, we will ask for (1) rt you are a legal entity, your name, address, and other information that will allow us to identify you; (h) if you are an individual, your name, address and date of birth. We may also ask to see your driver's license or other identifying documents LESSOR: Lenovo Financial Services LESSEE: City of Tamarac 10201 Centurion Parkway N. # 100 Lessee Legal Name Jacksonville, FL 32256 _ Lessee "Doing Business As" Name 7525 NW 88' Avenue Street Address Tamyarraa 3 l ! / 4u h riz ds�enut a Date igned AutIgor¢ed5� gnature 'Date Signed D w� x�llchor/ C. Cent�i N.%� _ 1 - , ^ , ,ry ✓^^ ` _ - _ ..y'- , e Print 59ner's Name and Title xrin[ Title —t6Jir r� N I,, 1 MIICINAL cogall.9 OIff22 - Only I Federal Tax ID 1 of 2 Is considered the Ial for Chattel Paper Lim— Einkc.se SLGIou firth 2015 rev 01 z12016 Page 1 of 2 8. PURCHASE OPTION; AUTOMATIC RENEWAL. If no Dahl: has stoned sand a wnlnumg under an. Maser Lease or the relevant Schedule, you will hart the opam (other than $1 purchase option leases) at Me end of the moral or any renewal term of s Schedule to (a) purchase all or a pplon of the Product, covered by such Schedule al the Purchase OPtWn once shown On such Schedule, plus any applicable laxas, (b) return all of the Products or any potion of the Products not purchased or neneieked by such Schedule by the Schedule terminal rise, or (c) elect a Must erne here vial a all a a portion of Me Products at the far market rental value Of the Protlucts. We wll use oll emowabe judgment to determine Me Products fair mantel rental value aS configured In place annihilated ("Fair Market Rental Value"). You agree that the Far Markel Rental Valuers the amount that may ressoaded bly be expanfor Me installed Products in an exchange between a willing lessor and a willing Lessee, Including toss to make the Produce fully operational . If you a not agree with the determination d the r market rental value, the fair market rental value (m Use and In place) will be determined at your expene by an fair endent appraiser mutually acceptable to the Parties To exercise any of these Options you must provide wine. notion to US at least 90 days but not more than 180 days belae Me end of Me mebai term of a Schedule that you will either realm, purchase or renew the Schedule as set form above. If you elect a partial realm, purchase, or renewal of Products, you will denby the Impacted Products by renal number m your end of lase nobs. If you fora to provide this nobs or it having given such holds, you do not purchase, deleeer the ProOuds m accordance with the terms and wn0iams Of this Lease and the applicable Schedule, or renew, the Schedulewilla y1pddy maw for sues w month W month renewas unit an end of the Schedule nabs has been provided and acted upon If you elect to axercle a alum, purchase or mrevell of Some Out not all Prod ucts, your notice must identify which Products are going to be returned, purchased or norevand Ounng any nenseal all this nobs period is reduced to 30 days prim W the end Of the mnewal term We may cancel a^ aukromp renew4l tam by sending you WreKen notice 1B data prim to such nonswill term If the Fair Market Value Purchase Option has ban selected under any Schedule. we will use our reasonable judgmant W doWmnne the Product fair market value as configured, in place and installed ('Fair Market Value'). You agree Mel the Far Market Value a the amount that may raaonably be expaad for the imulled Pmducs in an exchange between a wil buyer and a waling seller, including cuss as make the Products fully operational If you do not agree war our deterimabon of the Products Fair Market Value, the fan market value (in use and in place) Will be determined at your expense by an Independent appraiser mutually acceptable to both pales. Upon payment of the Purchase Option Once. we will transfer our Markst in be Products to you *AS IS, WHERE IS' Withouree t any mpnlaay wfi n orwarraraLSOeverand the applealae Scnedule will terminate Toaecumpsimmnt of all amounts due W us, W the extent permitted by law, you grant us a Security interest in the Equipment (including any replasmene, subsdWlwnd, additions, comp merits and proceeds) You will keep the Equipment s of all lens and encumbanss. You audience us to file finartudeg mementoes) to pMed our interest in the Equipment. 9. DEFAULT. Each of the following s a'Deteulr under, this WSW Lease and any Schedule. (a) you fan W Pay any Lease Payment or any other payment thin 30 days of To due date', (b) you do not perform any of your other n1gaws under this Master Lease or any Schedule or in any other agreement with us a with any of Our afileata and this failure dontinu s for 30 days after we have noted you of it: (c) you fracas msolvent you dssoNe, you assign your asses for the benefit of your crodiens, you sell, transfer or otherwise dispose of all or substantially all of your asses, or you enter (voluntarily or invounta^y) any bankluptcyorred gan¢abon prooeding, a (it) any representation or Womanly made by you under this Master Lease or in any'Ihatrpment you have provided us awes W ha mooned m any mafenal respect 10. REMEDIES. If a Default Odom, we may on One Or more of the following (a) lee may arrkel « wernmae this Master Lease andlor any or all Ryi duka and any or all Other agmemenls that we have entered into with you Or withdraw any of of credit, (b) sutoll to Section 16, we may require you W Immediately pay us, as compensation fur loss of our bargain and not as a penalty, a sum equal W (i) the pmsent value of all unpaid Lease Payments for the remander of the eon plus, the present value of our musical residual value m me Products ach discounted at 4%Pa year, plus c) we may require you W dereh the Equpmant W us as set forth In Sectsm 3, (d) we or our agent may peacefully repossess the Equipment without court order and you will not make any claims against us for damages UPS paw a any other reason; and (a) we may exercise any other, right or mmedy avaiable SUM win equry In the event of a dispute arising out of this Master Letts or any Schedules, the prevailing party shall be entitled to its rasonable wllectiw casts and = may fees and wets inwrred in enforcing or defending this Master Lease or any Schedules. If we take possession of the Equipment, we may Sell or pin-. dispose old with Or without alto, at a Public or priaW bale, antl apply the net mocads (after wit have deducWd all tolls ha aed W the sale of eeapos ton of Me Equipment) W the amounts that you ate us YOU Nil remain responsible for any amounts that am due after we have applied such net proceeds YOU agree that if notice Of sale is required by law W he given, 10 days notice shall countule reasonable notes. 11. FINANCE LEASE STATUS. You agree that if Article 7A-Leases of the Uniform Commercial Code applies W a Schedule, such Schedules will be considered a 'finance lease" se that harm a definesd in Article 1A. By signing each Schedule you agree that ether (a) you have reviewed, approved, and relived a copy of IM purchase contract or (b) that we new Informed you of the Ideay of the Suppler, that you may new rights under the Purchase contract, and that you may contact the supplier for a description of those rights TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS AND REMEDIES CONFERRED UPON A LESSEE BY ARTICLE 2A. 12. ASSIGNMENT. YOU MAY NOT ASSIGN, SELL, TRANSFER OR SUBLEASE THE EQUIPMENT OR YOUR INTEREST IN THIS MASTER LEASE OR ANY SCHEDULE WITHOUT OUR PRIOR WRITTEN CONSENT, WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD WITH US ACTING IN A COMMERCIALLY REASONABLE MANNER. We may, without notifying you, ell, assgn, Or transfer this Masher Lease or any Schedule and Our hints W the Equipment You agree that me new ow er will have the name night benefits Mat we have now under this Master Lease and any Schedule but not our obligations, which MAgaahs we well roman responsible for. The highs of the new owner will not be Subject to any claims, defenses Of cal Mal you may nave against us or Me Supplier. 13. INDEMNIFICATION. To the extent not prohibited by applicable Mer, YOU ere mspoalble for and agree W indemnify and hold ua hameas from any (a) loses, damages, penaMes claims, suits and Gans (colledwey "Claims"), whether based on a theory of Shot liability or otherwise caused by or mated W the manufacture, mshallaan, ove ersWp, use, lease, possession or Delivery of the Products or any defects in the Products and (0) all n nable wets and aameys fees ardsmo d by uS mlabig to any Core You agr tD omburse us for and dm mquea, W defend us against, any Charms, exceol Claims caused by Our willful mewndud. You agree mat your obligations under this aspirin and the Taxes and Fees section of this Master Lease shall SU1w he UmMinaton of In. Water Lease for Claims assn9 dung the Win of this Master Lease or any Schedule. 14. MISCELLANEOUS. You agree that the lams and condeans concerned in the Master Lease and any Schedule make up the entry, agreement ad-, you and us regarding the base of the E WIP^o ll. This Madder Lease is not binding on us until we Sign it. Any charge in any of the arms and conditions of this Master Lease or any Schedule must be m wiling and signed by us, either manually or by electronic transmission YOUagree, however, that we are authorized, without notice to you. to supply missing intarmMiw or armed obvious emOra in this Master Lewis. If we delay or fail W enforce any of our tight under this Masher Lase or any Schedule, we will st i be entitled W enforce those nghts at a later tre, All notices shall be given in writing by the parry sending the nodes and shall W effatue when deposited in the U.S Mail, addressed to the party receiving Me none ate aches show^ on the front of the Master Lase (m b any other address Specified by Mat party m wining) with Postage mau d All Of Our rights and mdermnr6a Wit survive the k'minalon of this Masheh Lease or any Schedule. It a t e express intent Of the Paribas not W visible any applicable usury laws or W axdead the inarkum amount of time once diRereaal or Interest as applicable, permitted W be charged or collected by applicable law, and any such excess will be addled W Lease Payments in Inverse order Of maturity, and any (sing excess wit' be "`mded W youans . If you do not perform any Myour obbgaunder the Meter Lease or any Schedule, we have the right, but not the obligation W take any scan or pay any amount Mal we believe are necessary to protect our interest, You agree W remburae us immediately upon our demand for any such amounts that we pay IF A SIGNED COPY OF THIS MASTER LEASE OR A SCHEDULE IS DELIVERED TO US BY FACSIMILE TRANSMISSION, IT WILL BE BINDING ON YOU. HOWEVER WE WILL NOT BE BOUND BY THIS MASTER LEASE OR A SCHEDULE UNTIL WE ACCEPT R BY MANUALLY SIGNING IT OR BY PURCHASING THE EQUIPMENT SUBJECT TO THE APPLICABLE SCHEDULE, WHICHEVER OCCURS FIRST. YOU WANE NOTICE OF OUR ACCEPTANCE AND WANE YOUR RIGHT TO RECEIVE A COPY OF THE ACCEPTED MASTER LEASE. YOU AGREE THAT, NOTWITHSTANDING ANY RULE OF EVIDENCE TO THE CONTRARY, IN ANY HEARING, TRIAL OR PROCEEDING OF ANY KIND WITH RESPECT TO THIS MASTER LEASE, WE MAY PRODUCE A COPY OF THE MASTER LEASE TRANSMITTED TO US BY FACSIMILE TRANSMISSION THAT HAS BEEN MANUALLY SIGNED BY US AND SUCH COPY SHALL BE DEEMED TO BE THE ORIGINAL OF THIS MASTER LEASE TO THE EXTENT (IF ANY) THAT ANY SCHEDULE TO THIS MASTER LEASE CONSTITUTES CHATTEL PAPER UNDER THE UNIFORM COMMERCIAL CODE, NO SECURITY INTEREST IN THE SCHEDULE MAY BE CREATED THROUGH THE TRANSFER AND POSSESSION OF ANY COPY OR COUNTERPART HEREOF EXCEPT THE COPY WITH OUR ORIGINAL SIGNATURE. IF YOU DEUVER THIS MASTER LEASE TO US BY FACSIMILE TRANSMISSION, YOU ACKNOWLEDGE THAT WE ARE RELYING ON YOUR REPRESENTATION THAT THIS MASTER LEASE HAS NOT BEEN CHANGED. If more than one Lessee has signed this Master Lease, each of you agrees that your liability is joint and several. 15. FUNDING INTENT. You reasonably behove that funds an be obtained W make all Lease Payments during Me Term of any Schedule and ismat y cwenanl that your chef arecubve or admenrstratrve officer Or the administrative office of yours charged wim preparing the budget submitted to your govemmg body, as applicable. will provide for funding for such payments in your annual budget request submitted to your governing body. If your governing body elects not W appropriate funds for such payments, 9 shall evidence such nonappropriation by omit ing funds for such payments due during the applicable fiscal period from the budget 4 adopts. You and we agree that your obligation W make Lase Payments under any Schedule will oe your current expense and will not be interpreted W be a debt in violation of applicable law or consttutional timiabonsorrequrements. his yourintentW make Lease Payments forces full Term ofany Scheduleitlands a re legally avakable m fare you represent wamdnt and covenant W a that the use of the Equipment a essntal W ds proper, ethclenlantl economic Olxarauon You will provide pan with an essential use covenant to us that among other things, you shall use the Equipment only for its governmental purposes, 16. NONAPPROPRIATION OF FUNDS. In the event Sufficient funds are not appropaad and budgeted by your investing body or are not oNere se avaebe m any fiscal peed for Lease Payments (or any other amount due hereundefj untla a Schedule, and provided that you have axhausled all lands legally available for payment of Me Lease Payments, then you shall immediately nsiby us of such occurrence and Provide us with evidence of such non -appropriation acceptable W us (e g., W men ceNfoahon by your legal counsel) and the Saedue shall le murne on the last day Of the fisal period fur which funds for Lease Payments am available Wlhout penalty or expense to you of any fund whassver, ex epl as, W the polls Of Lase Payments and those expends assaialed with your surrender of be Equipmenl pursuant W Section 3 for which funds shag have been appropriated and budgeted or am otherwise available Upon such laminator file W the Equipment shall vest with us. The Salon 16 will not be consvued cep as W Permit you W Wrtninaa any Schedule In Order W acqulm any other equipment or wervrxs or to aleahe funds drratly a adaaty W peWrm essentially the same appiiabs M which the Equipment a intended. 17, AUTHORITY AND AUTHORIZATION. You represent, woant and coveanl to us that (a) You are a Slate or political subdivision thereof, a those arms are used in §103 of the Code, (b) You have the power and authority to amorally the Master Lase and Schedules; (c) the Masts Lease and any Schedule raw: been out/ autMaed, auteld and delivered by you and constitutes a vale, legal and binding agreement enforceable against you in accordance with la terms, (d) no further approval, consent or vnthrottling of objections Ia assured from any governmental authority win respect to this Masker Lase or Schedules, (a) the entering into and Performance of this MWW Lase and Schedule, will not violacr any judgment, order, law or regulation applicable to you Or result in Me dreaa, Of arty an, charge, warty interest or other enctlmbmns upon the Equipment or your asset; (f) them am no aans, suns or Proceedings pendmg a threatened against or atlechng you in any court or before any governmental commission, board or authority, that, if adversely determined, would have a material adverse effect On your ability W perform your pblgaans under this Master Lase or any Schedule, lot the Equipment is tangible personal properly and shall not become a seWre or real property under your use thereof, M) you have complied With all binding requirements aid, wham necessary, by due rotficaan have preened the Master Lease, the Schedule and any ancillary documents for approval and adoption as a valid obligation on your part, (1) you Will do or cause W ha done all things necessary to Firestone, and keep the Meter Lae and Schedules in Us fors and effect and W it has suKCienl appropriations Or other funds avambe to pay all amounts due under the Schedules for Me then content fiscal pmod YOU shall AS, deemed W have maffmied the repreenaans and Witnesses set form in this Salon 17 each bme you axaua a Schedule W this Master Lease Contemporaneously wim your troubon of a Schedule to this Master Leas, you will complee, execute and Provide us W err an incumbency srbfiale (n form saafahory, M us) and an opinion of wureel (en tam catisfaery W us) as to the matters set to* in clauses (a) through M) of Ibis Section 17 18. GOVERNMENT USE. YOU REPRESENT, WARRANT AND COVENANT AS FOLLOWS (A) YOU SHALL COMPLY WITH THE INFORMATION REPORTING REQUIREMENTS OF §149m) OF THE INTERNAL REVENUE CODE OF 19861 AS AMENDED (CODE), INCLUDING BUT NOT LIMITED TO, THE EXECUTION (AND DELIVERY TO US) OF INFORMATION STATEMENTS REQUESTED BY US; (B) YOU SHALL NOT DO, CAUSE TO BE DONE OR FAIL TO DO ANY ACT IF SUCH ACT OR FAILURE TO ACT WILL CAUSE THIS MASTER LEASE, OR ANY SCHEDULE HEREUNDER, TO BE AN ARBITRAGE BOND WITHIN THE MEANING OF §148 OF THE CODE; (C) YOU SHALL NOT DO, CAUSE TO BE DONE OR FAIL TO DO ANY ACT IF SUCH ACT OR FAILURE TO ACT WILL CAUSE THIS MASTER LEASE. OR ANY SCHEDULE HEREUNDER, TO BE A PRIVATE ACTIVITY BOND WITHIN THE MEANING OF §141 OF THE CODE, (D) YOU SHALL NOT DO, CAUSE TO BE DONE OR FAIL TO DO ANY ACT IF SUCH ACT OR FAILURE TO ACT WILL CAUSE THE INTEREST PORTION OF THE LEASE PAYMENTS TO BE OR BECOME SUBJECT TO FEDERAL INCOME TAXATION UNDER THE CODE, EXCEPT AS SUCH INTEREST PORTION MAY BE TAKEN INTO ACCOUNT AS AN ADJUSTMENT IN DETERMINING THE ALTERNATIVE MINIMUM TAX AND ENVIRONMENTAL TAX IMPOSED ON CORPORATIONS; AND (E) YOU SHALL BE THE ONLY ENTITY TO OWN, USE OR OPERATE THE EQUIPMENT DURING THE TERM. YOU SHALL BE DEEMED TO HAVE REAFFIRMED THE REPRESENTATIONS, WARRANTIES AND COVENANTS SET FORTH IN THIS SECTION 18 EACH TIME IT EXECUTES ANY SCHEDULE. IF YOU BREACH ANY REPRESENTATION. WARRANTY OR COVENANT CONTAINED IN THIS MASTER LEASE AND, AS A RESULT OF SUCH BREACH. THE INTEREST PORTION OF ANY LEASE PAYMENT BECOMES INCLUDABLE IN GROSS INCOME OF ANY OWNER THEREOF FOR FEDERAL INCOME TAX PURPOSES, YOU SHALL PAY US PROMPTLY AFTER SUCH DETERMINATION OF TAXABILITY AND ON EACH LEASE PAYMENT DUE DATE THEREAFTER, AN ADDITIONAL AMOUNT DETERMINED BY US TO COMPENSATE US FOR THE LOSS OF SUCH EXCLUDABILITY (INCLUDING, BUT NOT LIMITED TO. COMPENSATION RELATING TO INTEREST EXPENSE. PENALTIES OR ADDITIONS TO TAX). WHICH DETERMINATION SHALL BE CONCLUSIVE ABSENT MANIFEST ERROR. 19. CHOICE OF LAW. This Muster Lease Shall be govered by the shag l laws (es opposed W conflicts of law Proveigns)ofthe SMOIA..MEquipmentiseamtl If any provision of Mis Malec leaesany Equipments Payment Schedule shall ee Prohibited by a Invalid under that law. such provision shall be ineffedrve only to the extent of such Provision or invalidity, without invalidating the remainder of such provision or the remaining provsens of Mis Mesta Lease m any Equipment or Payment Schedule. The Masan Lease inures W the besll ofand as binding upon Me Pr rtWdsuaessaserrassgnsotywm andours Lenovo EnWrpnse SLG1DO NOl2O15 rev 0111p016 Page ] of g Financial Services ADDENDUM TO MASTER STATE & LOCAL GOVERNMENT LEASE AGREEMENT #1028812 AND SCHEDULE TO MASTER STATE & LOCAL GOVERNMENT LEASE AGREEMENT #1396364 This Addendum forms and is made a part of that certain Master State & Local Government Lease Agreement and Schedule to Master State & Local Government Lease Agreement ("Agreement") between Lenovo Financial Services and City of Taramac ("Lessee") referenced above. Capitalized terms used herein but not defined herein will have the same meaning given to them in the Agreement. Both parties agree that the Agreement is revised as follows: Within regards to Section(s): 7. Insurance Removing sentence which states: You will provide and maintain at your expenses property insurance against the loss, theft or destruction of, or damage to, the Equipment for its full replacement value, naming us as loss payee; and (2) public liability and third party property insurance naming us as an additional insured. Replacing with: You will provide and maintain at your expenses property insurance against the loss, theft or destruction of, or damage to, the Equipment for its full replacement value, naming us as loss payee. 13. Indemnification: Adding to section as follows: Nothing herein shall be interpreted as an intent to waive sovereign immunity by either party. 14. Miscellaneous: Removing sentence which states: YOU WAIVE NOTICE OF OUR ACCEPTANCE AND WAIVE YOUR RIGHT TO RECEIVE A COPY OF THE ACCEPTED MASTER LEASE. TERMS AND CONDITIONS The section is deleted and replaced as follows: BY SIGNING THIS SCHEDULE: (i) YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS ON THIS SCHEDULE AND THE MASTER AGREEMENT, (ii) YOU AGREE THAT IF A COPY OF THIS SCHEDULE IS SIGNED BY YOU AND IS DELIVERED TO US BY FACSIMILE TRANSMISSION OR OTHERWISE, TO THE EXTENT ANY PROVISIONS ARE MISSING OR ILLEGIBLE OR CHANGED (AND NOT INITIALED BY BOTH YOU AND US), THE TERMS AND CONDITIONS OF THIS SCHEDULE AND THE MASTER AGREEMENT IN USE ON THE DATE WE RECEIVE THE COPY SIGNED BY YOU WILL BE THE TERMS AND CONDITIONS OF THE SCHEDULE, (iii) YOU AGREE THAT THIS SCHEDULE IS A NET LEASE THAT YOU CANNOT TERMINATE OR CANCEL EXCEPT AS SPECIFICALLY PROVIDED IN THE MASTER AGREEMENT, YOU HAVE AN UNCONDITIONAL OBLIGATION TO MAKE ALL PAYMENTS DUE UNDER THIS SCHEDULE, AND YOU CANNOT WITHHOLD, SET OFF OR REDUCE SUCH PAYMENTS FOR ANY REASON (iv) YOU AGREE THAT YOU WILL USE THE EQUIPMENT ONLY FOR BUSINESS PURPOSES; (v) Y06 WARRANT THAT THE PERSON SIGNING THIS LEASE FOR YOU HAS THE AUTHORITY TO DO SO (vi) YOU CONFIRM THAT YOU DECIDED TO ENTER INTO THIS SCHEDULE RATHER THAN PURCHA�E THE EQUIPMENT FOR THE TOTAL CASH PRICE, AND (vii) YOU AGREE THAT THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE WHERE THE EQUIPMENT IS LOCATED. YOU CONSENT TO THE JURISDICTION OF COURTS LOCATED IN BROWARD COUNTY, FLORIDA. BOTH PARTIES EXPRESSLY WAIVE TRIAL BY JURY AS TO ALL ISSUES ARISING OUT OF OR RELATED TO THIS SCHEDULE. Should the above jury trial waiver be found unenforceable, then, upon the written request of any party, any dispute, including any and all questions of law or fact relating thereto, shall be determined exclusively by a judicial reference proceeding in accordance with the applicable state's equivalent state law. Page I of2 All other terms and conditions of the Agreement shall remain unchanged and in full force and effect The changes contained in this Addendum shall apply to only the Agreement to which it is incorporated and is not a precedent for future lease transactions. IN WITNESS WHEREOF, the parties hereto have executed this Addendum to Master State & Local Government Lease Agreement #1028812 and Schedule to Master State & Local Government Lease Agreement #1396364 on .2017. Lenovo Financial Services By: M CC Qf,b-L a jj Title: City of mac Title: /2-74!%t� Page 2 of 2 Financial Master State & Local Government Lease Agreement Services Addendum (Florida) CUSTOMER Lessee Name Master Lease # INFORMATION City of Tamarac 1 1028812 Billing Street Address/City/State/Zip 7525 NW 88`s Avenue, Tamarac, FL 33321 Schedule to Master Lease 9 13963 64 This Addendum supplements the provisions of the State & Local Government Lease Agreement or the Schedule to Master State & Local Government Lease Agreement identified by the Lease Number and Schedule to Master Lease Number specified above (collectively the "Lease"). You and we make this Addendum an integral part of the Lease. Capitalized terms used in this Addendum that are not defined will have the meanings specified in the Lease. If there is any conflict between the Lease and this Addendum, then this Addendum will control and prevail. 1. Funding Intent. You reasonably believe that funds can be obtained sufficient to make all Lease Payments and other payments during the term of this Lease. You agree that your chief executive or administrative officer (or your administrative office that has the responsibility of preparing the budget submitted to your governing body, as applicable) will provide for funding for such payments in your annual budget request submitted to your governing body. If your governing body chooses not to appropriate funds for such payments, you agree that your governing body will evidence such non -appropriation by omitting funds for such payments due during the applicable fiscal period from the budget that it adopts. You and we agree that your obligation to make Lease Payments under this Lease will be your current expense and will not be interpreted to be a debt in violation of applicable law or constitutional limitations or requirements. If a Default occurs, any judgment obtained against you will be enforceable solely against revenues allocated by your governing body for such purpose. Nothing contained in this Lease will be interpreted as a pledge of your general tax revenues, funds or moneys.�Regaardles�y (� Les ' y of T arac V uthorized Signature 7 Glac I e. &-neclt CTNaj 4- Print Name & Title a-a-7-13- Date other provisions of this Lease, no ad valorem taxes are pledged to the payment of any amount due under this Lease. Also, all amounts due under this Lease will be paid only from funds arising from sources other than ad valorem taxation unless one of the following conditions is satisfied: (i) you are a county and the term of this Lease is sixty (60) months or less; (ii) you are a school district and the term of this Lease is twelve (12) months or less; or (iii) you are a municipality and if you are a home rule city, your charter does not prohibit the payment of amounts due under this Lease from ad valorem taxation revenues. This Section 1 replaces Section 15 of this Lease entitled "Funding Intent'. 2. Non -appropriation of Funds. If (a) sufficient funds are not appropriated and budgeted by your governing body in any fiscal period for Lease Payments or other payments due under this Lease, and (b) you have exhausted all funds legally available for such payments, then you will give us written notice and this Lease will terminate as of the last day of your fiscal period for which funds for Lease Payments are available. Such termination is without any expense or penalty, except for the portions of the Lease Payments and those expenses associated with your return of the Equipment in accordance with Section 2 of this Lease for which funds have been budgeted and appropriated or are otherwise legally available. Upon such termination, all of your rights and interests in the Equipment will vest in us. This Section 3 replaces Section 16 of this Lease entitled "Non -appropriation of Funds". 3. Choice of Law. Regardless of any conflicting provisions in this Lease, THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA. Lessor. Lenovo Financial Service o Aulhprizgd nature 1-a Ll ►- I'fdpt Name .& Title V t Q LI CIA f 1A Dkj Daze CERTIFICATION OF ESSENTIAL USE RE: Schedule to Master State & Local Government Lease Agreement #1396364, dated 20 (each individually, hereinafter the "Agreement') by and between Lenovo Financial Services ("Lessor") and City of Tamarac ("Lessee") Ladies and Gentlemen This letter confirms and affirms that the Equipment described in the Agreement identified above is/are essential to the function of the undersigned or to the service we provide to our citizens. Further, we have an immediate need for, and expect to make immediate use of, substantially all such Equipment, which need is not temporary or expected to diminish in the foreseeable future. Such Equipment will be used by us only for the purpose of performing one or more of our governmental or proprietary functions consistent with the permissible scope of our authority. Specifically, such Equipment was selected by us to be used as follows (please include any specific department that may be its primary user): Is the Equipment additional or new technology to the department, or does it constitute a continuation of your existing technology? Our source of funds for payments due under the Agreement for the current fiscal year is We expect and anticipate adequate funds to be available for all future payments of rent due after the current fiscal year for the following reasons: nd Ka (Name aTitle - Onntee or ry etl) Date: '�. " � 1-7— 1 CERTIFICATE OF APPROPRIATIONS (State and Local Government Master Lease Agreement) I, MKk4et e, Cerwlc 4 do hereby certify that I am the duly elected or appointed and acting 1' , *,r-ems lr of City of Tamarac ("Lessee"); that I have custody of the financial records and budget information of such entity; that monies for all lease payments to be made under that certain State and Local Government Lease Agreement #N/A or that certain Master State and Local Government Master Agreement #1028812 and, Schedule Number(s) 1396364, between Lessee and Lenovo Financial Services as lessor ("Agreement"), for the fiscal year ending 3 .,6 .f v , 20 AV , are available from unexhausted and unencumbered appropriations and/or funds within Lessee's budget for such fiscal year; and that appropriations and/or funds have been designated for the payment of those lease payments that may come due under the Agreement in such fiscal year. IN WITNESS WHEREOF, I have duly executed this Certificate of Appropriations this ,)-Aay of 01�. Signature r/ ,42",s/ C. Cl.-*-r ,e,� �Icryu57/ Print Name & Title " The undersigned official of Lessee hereby certifies that the signature set forth above is the true and authentic signature of the individual identified above and that such individual holds the title set forth above. O ,".....'' q Signature c> r TPg�tSHED ' 0 i s _ W a I / A &,-uf-Isl.. &4v &U C9 19n3 �= Print Name &Name Title S <rP 'A '•. 1. : O .y �� 0 0 Financial BILLING INFORMATION REQUEST FORM Services TO AGREEMENT # 1396364 To ensure proper billing and crediting of payments under your new financing contract, please complete, sign and return this form with your contract documents. Thank you for the opportunity to serve your financing needs. CUSTOMER LEGAL NAME: City Of Tamarac BILLING ADDRESS: '73-d5' Ali,l ��rHflvesrysy ,4-f'- ,4 --13 STREET IDDRESS _-ATE =IF -ODE BILLING CONTACT NAME: AV,i I Ma�'or BILLING CONTACT EMAIL ADDRESS: BILLING CONTACT PHONE NUMBER: g3 y_3 y7_3S5D PURCHASE ORDER # (IF APPLICABLE): INVOICE PREFERENCE Please select your Invoicing Preference below. If no selection is made, you will receive your invoice via standard U.S. Mail to the billing address provided. ❑Please sign me up for Electronic Invoicing - I would like to receive my invoice electronically at tree email address provided above. Please send my invoice via standard mail - I would like to receive my invoice LJ via U.S. Mail to the billing address provded above. if you would like your payments automatically debited from your bank account each billing period, please complete and return the separate Electronic Debit Form included in this document package. You will still receive an invoice containing the billing detail (either via email or standard mail, dependent upon your selected preference). SIGNA TITLE: Ci�N �/e7yar�[r DATE: �� -/ INSURANCE INFORMATION REQUEST Insurance Broker/Agent: We have entered into an agreement (Master Lease No. 1028812) with Lenovo Financial Services ("LFS") for the lease/finance of equipment listed below. Equipment Reference: Any and all equipment and products leased under Schedules to Master Lease #1028812 Blanket coverage in excess of $237,000.00 Please insure the equipment, and issue a written endorsement naming Lenovo Financial Services ISAOA as Loss Payee and provide LFS with thirty (30) days' written notice of any material changes in coverage, cancellation or non -renewal. Please provide LFS with proof of insurance in the form of a certificate of insurance. The certificate should include proof of the following: • Physical Damage (All Risk) • Theft coverage • Bodily Injury and Property Damage Liability with limits of no less than $1,000.000. Please email or fax the insurance certificate to sales. usna lenovofs.com or fax to (866) 327-0552. Forward certificates of insurance to: Lenovo Financial Services, ISAOA 10201 Centurion Parkway North #100 Jacksonville, FL 32256 Broker/ Agent Name: Address: Contact Name: Telephone: (_)= ext. Fax: Lessee/Insu a "Authorized Signature M;o%.c/ e. Ce-«a 6 _ C,-/. '47W Type/Print Name & Titl '2- i'�F - /:2-- Date PLEASE SEND ONE COPY OF THE COMPLETED FORM TO YOUR BROKER AND RETURN ONE COPY TO US. Financiai Services DELIVERY & ACCEPTANCE CERTIFICATE By signing this Certificate, you, the Lessee identified below, agree: A) That all products described in the State & Local Government Lease Agreement or the Schedule to Master State & Local Government Lease Agreement identified below ("Equipment") have been delivered, inspected, installed and are unconditionally and irrevocably accepted by you as satisfactory for all purposes of the State & Local Government Lease Agreement or Schedule to Master State & Local Government Lease Agreement; and B) That we, Lenovo Financial Services, are authorized to purchase the Equipment and start billing you under the State & Local Government Lease Agreement or Schedule to Master State & Local Government Lease Agreement. State & Local Government Lease Agreement or Schedule No. 1396364 Customer Name: City of Tamarac Auth /,� Title Date Dear Kelly Pike: Thank you for requesting a quote from Lenovo. We have included your complete quote information below. Please call your Lenovo account manager to process your order and reference your quote number to help us serve you more quickly. Shipping address Billing address Pending order information City of Tamarac City of Tamarac Date and time:24.01.2017 1 1:44:51 10 10 1 State Street 101 01 State Street Quote number: 428021 3453 TAMARAC FL 33321-6428 TAMARAC FL 33321-6428 Qty Part no. Description Price Total 264 60F8MARl US ThinkVision T2424z 23.8-inch WVA LED Backlit $ 162.00 $ 42,768.00 LCD Monitor 31 60E3GARI US ThinkVision P27 27' Wide UHD IPS Monitor $ 485.00 $ 15,035.00 8 4ZFOM27813 Samsung WQHD 32-inch LED Monitor S32D850T S 535.00 $ 4,280.00 Subtotal S 62,083.00 Shipping & $ 0.00 Handling Taxes $ 0.00 Total $ 62,083.00 This offer is valid for thirty (30) days from the date of this offer and supersedes any previous offers. Offers and specifications may be changed at any time without notice. Acceptance of this offer is subject to Lenovo's payment terms and availability of items. Lenovo may reject or cancel orders for pricing or other errors. We appreciate your interest in our products. Lenovo Sales KPIKEC@LENOVO.COM NASPO (Florida) Contract #43211500-WSCA-I5-ACS CITY OF TAMARAC PURCHASING & CONTRACTS DIVISION THE FOLLOWING STANDARD TERMS AND CONDITIONS SHALL BE INCORPORATED AS A PART OF ALL PURCHASE ORDER AGREEMENTS ISSUED BY THE CITY OF TAMARAC (1) The delivery of the goods and/or services within the time specified is of the essence of this Purchase Order. Buyer shall have the right to cancel any or all item(s) without obligation if delivery is not made on or before the time(s) specified. In the event Seller fails to make timely shipment, buyer shall have the right to purchase elsewhere and unless the delay was caused by unforeseeable circumstances beyond Seller's control, Seller shall reimburse City for any additional charges incurred. (2) The City of Tamarac is exempt from Federal Excise and State of Florida Sales Tax. Stale and Use Tax Certificate No. is 16-03-196900- 54C. Federal Tax Identification No is 59-1039552. (3) All purchases are F.O.B_ destination, freight prepaid by Seller unless otherwise stated on the Purchase Order. Collect shipments will not be accepted. (4) Calculations for invoice payments will be calculated from date City receives the invoice. (5) All packages MUST BEAR THE CITY'S PURCHASE ORDER number on the shipping label. (6) The risk of loss, injury or destruction, regardless of the cause shall be bome by the Seller until delivery of goods and/or services to the specked destination and inspection and acceptance of the goods by Buyer. Rejected goods will be returned to Seller at Seller's risk and expense. (7) Title of goods shall pass to Buyer upon acceptance. (8) Seller warrants that the goods, services and/or workmanship furnished and/or delivered pursuant to this Purchase Order shall: (a) Conform in all respects to the description and specifications contained in this Purchase Order. (b) Be merchantable and fit for the ordinary purposes for which such goods are used or intended to be used; (c) Be new and not secondhand, of good quality and free from defects whether latent or patent in material or workmanship; all material and workmanship is warranted for a minimum of one (1) year from date of acceptance by Buyer unless otherwise stipulated herein; (d) Be free from any security interests, liens or encumbrances. Seller warrants that it has good and marketable title to the goods delivered hereunder; (a) Comply with the requirements of all applicable federal, state and municipal laws and regulations. (f) Not infringe upon or violate any copyrights or patent rights. No warranty, either express or implied, may be modified, excluded or disclaimed in any way by Seller. All warranties shall remain in full force, notwithstanding acceptance and payment to Buyer. (9) Seller shall indemnify and hold harmless Buyer for all damages, losses and liabilities arising out of the operations of Seller pursuant to this Purchase Order specifically including but not limited to those caused by or arising out of a defective condition in the goods, whether patent or latent, provided that such defects existed at the time of shipment by Seller; the negligence of Seller in the marketing, sale, and/or services under this Purchase Order, the breach of any warranty and/or agreement by Seller pursuant to this Purchase Order. Seller agrees to pay all damages, costs and attorney's fees incurred in the defense of any such claim, (10) Seller shall comply with all applicable federal, state and local laws, rules and regulations. (11) Seller shall comply with the Fair Labor Standards Act and Equal Opportunity Provisions of Executive Orders. (12) Seller is expressly prohibited from delegating its duties and transferring or assigning its rights hereunder without the prior written approval of Buyer (13) II items purchased that are classified as toxic or hazardous substances under Chapter 442, Florida Statutes, Seller must submit copies of the Material Data Sheet (MSDS) for each substance to the City of Tamarac, Risk Management, 7525 NW 88th Avenue, Tamarac, Florida 33321 and to the delivery location at time of shipment. Products must be identified and labeled in accordance with OSHA standards. Failure to comply with these requirements will result in delay of payment until compliance is affected. (14) This Purchase Order shall be governed and construed according to the laws of the State of Florida. (15) This Purchase Order contains the entire understanding of the parties, relating to the subject matter hereof, superseding all prior communications. This Purchase Order may not be changed except by written amendment signed by authorized agents of both Buyer and Seller. (16) Any shipment made in accordance with this Purchase Order constitutes an acceptance of the foregoing conditions. (17) In the event services or delivery of goods are scheduled to end because of the expiration of this PO, the vendor shall continue the service or delivery of goods upon request from the city. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing PO. The successful vendor shall be compensated for the service or delivery of goods at the rate(s) in effect from the original quoted price. (18) The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: Keep and maintain public records required by the City in order to perform the service; Upon request from the City's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements- If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the Cry's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. (19) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK, 7525 NW 88TH AVENUE, ROOM 101, TAMARAC, FL 33321, (954) 597-3505 CITYCLERK@TAMARAC.ORG CITY OF TAMARAC 7525 NW 88" AVE TAMARAC, FL 33321-2401 (954) 597-3570 CONSENT FOR DIRECT DEPOSIT The City of Tamarac requires vendors to accept payment by Direct Deposit. Please complete this form and attach a voided check from the account in which you desire the deposit to be made. To complete the form online, please visit https://forms.tomarac.orci/f/DirectDeposi Vendor Information Company Name Tax Payer ID Address Information Address (line 1) Address (fine 2) City State Zip 6o-d-e Contact Information Phone Numbe Email Address (Required for notification of funds deposited to your account and listing of invoicss paid) Bank Account Information Address (line 1) Address (line 2) City State Zip -Co -de ACH Routing Number (Contact your bank to confinm the correct ACH Routing Number - Direct Deposit) Account Number By signing below, I hereby authorize the City of Tamarac to initiate deposit entries to my checking/saving account indicated above. This authority is to remain in effect until the City of Tamarac has received written notification from the vendor of its termination, in such time and in such manner as to afford the company a reasonable opportunity to act on or until the City of Tamarac has sent me ten (10) days written notice of the City of Tamarac's termination of the agreement. Please sign for authorization of direct deposit Please return this form alona with a voided check (or deposit slip if savings account) to: City of Tamarac Attn: Accounts Payable 7525 NW 881h Avenue Tamarac, Fl. 33321 or fax to (954) 597-3560 For questions or additional information, email accounts. payable@tamarac.org, or call (954) 597-3554 or (954) 597-3557. CITY OF TAMARAC 7525 NW 88 TI AVE TAMARAC, FL 33321-2401 (954) 597-3550 PURCHASE ORDER DATE: 11/28/2016 VENDOR NAME: LENOVO SHIP TO: INFORMATION TECHNOLOGY VENDOR #: 9831 INFORMATION TECHNOLOGY VENDOR ADDRESS: 1009 THINK PLACE 10101 STATE ST BUILDING 1, DESK 3P30 TAMARAC, FL 33321-6428 MORRISVILLE, NC 27560 VENDOR PHONE: (0) VENDOR FAX: ( P.O. # MUSTAppear on ALL Invoices, Packages and Correspondence DEUVER BY REowsmoN III REQUWWN DATE, VENDOR CONTACT 12/2112016 0000032184 11/22/2016 FOS I Not 30 ACCOUINT:NURIEM: iWER DESTINATION 00181005135215 ANNMARIE M CORBETT ITEM III I QUANTITY/ UNIrT. -7 ARTICLE OR SO-VI[CE, UNIT COST EXTENDED COST 1 20.00 / EA 60F8MARl US THINKVISION T2424Z 23.8- 175.0000 3,500.00 INCH WVA LED Backlit LCD Monitor Quotation No: 541766215 2 4.00 / EA 60E2GAR1 US THINKVISION Xl WIDE 27" 530.0000 2,120.00 WIDE UHD IPS Monitor 3 24.00 / EA 5WSOG14992 5YR PRODUCT EXCHANGE 40.0000 960.00 PRICING PER NASPO STATE OF FLORIDA ALT CONTRACT # 43211500-WSCA-15-ACS EXPIRING ON 03/31/2017 **FOR QUESTIONS CONCERNING THIS PURCHASE ORDER PLEASE CONTACT MARJORIE AT 954-597-3901 -- A PURCHASE ORDER NUMBER MUST BE INCLUDED ON EVERY PACKING SLIP AND/OR INVOICE. Page 3 of 4 CITY OF TAMARAC 7525 NW 88TI AVE TAMARAC, FL 33321-2401 (954) 597-3550 PURCHASE ORDER VENDOR NAME: LENOVO SHIP TO VENDORM 9831 VENDOR ADDRESS: 1009 THINK PLACE BUILDING 1, DESK 3P30 MORRISVILLE. NC 27560 VENDOR PHONE: (0) VENDOR FAX: ( DATE- 11/28/2016 INFORMATION TECHNOLOGY INFORMATION TECHNOLOGY 10101 STATE ST TAMARAC, FL 33321-6428 P.O. # MUSTAppear on ALL Invoices, Packages and Correspondence DELIVER BY 8 0*QUWtION DATE VENDOR CONTACT 12/21/2016 0000032184 11/22/2016 F 7 Not 30 OB ACCOUNT Ntt� BUYER DESTINATION 00181005135215 ANNIVARIE M CORBETT ITEIA I QUANTITYI UNIT A I:: ICLE a CE UNIT cost MI[TENDED `�"OOST DELIVERIES WILL NOT BE ACCEPTED WITHOUT THIS NUMBER. ....... . . . ACCEPTANCE OF THIS ORDER ACKNOWLEDGES ACCEPTANCE OF ALL TERMS AND CONDITIONS ON THE REVERSE SIDE OF THE PURCHASE ORDER AS WELL AS ANY OTHER TERMS INCLUDED IN THE BODY. FREIGHT IS INCLUDED UNLESS OTHERWISE NOTED ---- ........ . .... . — Send original invoice and one (1) copy of invoice to: FINANCE DEPARTMENT ATTN: ACCOUNTS PAYABLE 7525 NW 88TH "ENUE Keith K. Glatz, CPPO, FCPM, FCPA TAMARAC, FL 33321-2401 Purchasing and Contracts Manager Page 4 of 4