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HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-064 Temp. Reso# 13272 July 10, 2019 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2019- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA APPROVING A NEW SCHEDULE TO THE MASTER LEASE AGREEMENT WITH LENOVO FINANCIAL SERVICES TO LEASE NINETY-THREE (93) LENOVO COMPUTERS AND SIXTEEN (16) DOCKING STATIONS FOR THREE (3) YEARS AT AN ANNUAL COST OF $29,706.25 FOR A TOTAL COST OF $89,118.75 AT THE END OF THREE (3) YEARS; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE ALL NECESSARY DOCUMENTS TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, technology is one of the key components for efficient delivery of City services, and WHEREAS, a desktop or a laptop is often how our employees access to a variety of technologies available to perform the daily City functions and to deliver our services; and WHEREAS, hardware and software need to be updated to ensure continuity of services and to remain compatible with the internal and external systems; and WHEREAS, seventy-eight (78) computers desktops and laptops have been identified that are seven (7) years or older that cannot accommodate the new software and need to be replaced, and fifteen (15) new computers are needed for new positions and new office locations; and Temp. Reso# 13272 July 10, 2019 Page 2 WHEREAS, Resolution R-2017-12, on file with the City Clerk's Office, approved Lenovo to be the personal computer supplier for the City and approved a Master Lease Agreement with Lenovo Financial Services; and WHEREAS, Lenovo provided a quote attached hereto as Exhibit 1 for the requested computers in the amount of$97,866.00; and WHEREAS, Lenovo Financial Services issued Schedule No 1621663 attached here to as Exhibit 2 to our Master Lease agreement for the lease of the computers listed in the Lenovo quote in the amount of $29,706.25 per year for three (3) year Fair Market Value (FMV) lease for a total cost of$89,118.75 at the end of the lease term; and WHEREAS, the Director of Financial Services and the Director of IT recommend that the leasing of the new Lenovo computers and docking stations based on the Lenovo quote be added to the Lenovo Financial Services Master Lease Agreement as a new Schedule (Schedule # 1621663) in the amount of $29,706.25 per year for three (3) year Fair Market Value (FMV) lease for a total cost of$89,118.75 at the end of the lease term; and WHEREAS, Insurance, indemnification and other miscellaneous concerns in the schedule are addressed by Lenovo Financial Services with an Addendum to Master Lease Agreement that applies to all current and future schedules attached hereto as Exhibit 3; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in Temp. Reso# 13272 July 10, 2019 Page 3 the best interests of the citizens and residents of the City of Tamarac to approve Schedule # 1621663 to Lenovo Financial Services Master Lease Agreement to lease ninety-three (93) personal computers and sixteen (16) docking stations for three (3) years at an annual cost of $29,706.25 for a total cost of $89,118.75 at the end of the three (3) year lease term. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. All exhibits referenced herein are incorporated and made a specific part of this resolution. SECTION 2: The City Commission approves the Schedule # 1621663 to Lenovo Financial Services Master Lease Agreement to lease ninety-three (93) personal computers and sixteen (16) docking stations for three (3) years at an annual cost of $29,706.25 for a total cost of$89,118.75 at the end of the three (3) year lease term. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso# 13272 July 10, 2019 Page 4 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this J� day of(9't , 2019.4MIC ELLE J. GOME /1110 MAYOR ATTEST: PATRICIA TE FE C C CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: COMM. GELIN DIST 3: COMM. FISHMAN Y DIST 4: V/M PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM ,A 7 /17 f SAM L S. GORE CITY ATTORNEY Lenovc . Financial Schedule to Master State & Local Government Lease Agreement Services This Schedule No. 1621663(the"Schedule")to Master State&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 52 ThinkCentre M720q, Intel i7-8700 10101 State Street,Tamarac, FL 33321 23 ThinkCentre M720q, Intel i7-8700 10101 State Street,Tamarac, FL 33321 16 ThinkPad X1 Yoga 3G, Intel i7-8650 10101 State Street,Tamarac, FL 33321 2 ThinkStation P520c, Intel W-2125 10101 State Street,Tamarac, FL 33321 16 ThinkPad USB 3.0 Pro Dock 10101 State Street,Tamarac, FL 33321 For additional equipment and accessories,attach addendum. Purchase Option Lessee If no box is checked or if both boxes are checked,the Fair City of Tamarac Market Value purchase option will apply: Lessee Legal Name ® Fair Market Value Lessee"Doing Business As"Name ❑ $1.00 Purchase Option❑ Other _ 7525 NW 88th Avenue Billing Street Address Term and Lease Tamarac, FL 33321 Lease Payment$29,706.25(plus taxes, if applicable) Billing City,State,Zip Term(Years)3 Michael C. Cernech, City Manager, 954-597-3515 Payment Frequency Annual Billing Contact Name&Phone No. Variable Payment Schedule if applicable: Lessee Phone Number Of different from above) (Attach"Payment Schedule Addendum"if necessary) TERMS AND CONDITIONS payments @_;followed by_payments @_followed BY SIGNING THIS SCHEDULE: by_payments @_;followed by_payments @_ BY SIGNING THIS SCIIEDULE:(i)YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS ON THIS SCHEDULE AND Payments are due in Advance THE MASTER AGREEMENT; (ii) YOU AGREE THAT IF A COPY OF THIS SCHEDULE IS SIGNED BY YOU AND IS DELIVERED TO US BY FACSIMILE Documentation Fee: $ (due with first invoice) 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 Additional Provisions: WILL BE THE TERMS AND CONDITIONS OF THE SCHEDULE,(iii)YOU AGREE THAT THIS SCHEDULE IS A NET LEASE THAT YOU CANNOT TERMINATE OR First Annual Payment is due 30 days after Lease CANCEL EXCEPT AS SPECIFICALLY PROVIDED IN THE MASTER AGREEMENT, Commencement YOU HAVE AN UNCONDITIONAL OBLIGATION TO MAKE ALL PAYMENTS DUE UNDER THIS SCHEDULE,AND YOU CANNOT WITHHOLD,SET OFF OR REDUCE PLEASE NOTE: Certain state and local government lessees must sign an SUCH PAYMENTS FOR ANY REASON;(iv)YOU AGREE THAT YOU WILL USE additional addendum document. 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 ORIGINAL copy 2 of 2-only OF THE STATE WHERE THE EQUIPMENT IS LOCATION. YOU CONSENT TO THE JURISDICTION OF ANY COURT LOCATED WITHIN THAT STATE. BOTH copy 1 of 2 Is considered the PARTIES EXPRESSLY WAIVE TRIAL BY JURY AS TO ALL ISSUES ARISING OUT original for Chattel Paper OF OR RELATED TO THIS SCHEDULE.Should the above jury trial waiver be found purposes. unenforceable,then,upon the written request of any party,any dispute,including any and all /O•--I _/9 _ i questions of law or fact relating thereto, shall be determined exclusively by a judicial o reference proceeding in accordance with Cal.Civ.Proc.Code§638 et seq.or the applicable state's equivalent state law. The parties shall select a retired state or federal judge as the referee. The referee shall report a statement of decision to the Court. LESSEE SIGNATURE LESSOR: Lenovo Financial Services 10201 Centurion Parkway N.#100 City of Tamarac Jacksonville, FL 32256 Lessee Leg I Name RC LL , °1 -1U -ice X gi �1 / Author d Signature Date Signed X orize ignature Date Signed Pad Named, Print Signer's me Print Title ✓ajt /6✓'6-1 5 fa_'t-=t Ct Q.h_0. eV Print Signer's Title C9 ‘ I v 3 q Ssa Q Federal Tax ID Number Lenovo SLG100S 09012015 Page 1 of 1 Financial Lenovo.. services Master State&Local Government Lease Agreement Addendum (Florida) CUSTOMER Lessee Name Master Lease# INFORMATION City of Tamarac 1028812 Billing Street Address/City/State/Zip 7525 NW 88th Avenue,Tamarac,FL 33321 Schedule to Master Lease#1621663 This Addendum supplements the provisions of the State & other provisions of this Lease, no ad valorem taxes are Local Government Lease Agreement or the Schedule to pledged to the payment of any amount due under this Lease. Master State & Local Government Lease Agreement Also,all amounts due under this Lease will be paid only from identified by the Lease Number and Schedule to Master funds arising from sources other than ad valorem taxation Lease Number specified above (collectively the "Lease"). unless one of the following conditions is satisfied: (i)you are You and we make this Addendum an integral part of the a county and the term of this Lease is sixty (60) months or Lease. Capitalized terms used in this Addendum that are not less;(ii)you are a school district and the term of this Lease is defined will have the meanings specified in the Lease. If twelve(12)months or less;or(iii)you are a municipality and there is any conflict between the Lease and this Addendum, if you are a home rule city,your charter does not prohibit the then this Addendum will control and prevail. payment of amounts due under this Lease from ad valorem 1. Funding Intent. You reasonably believe that funds can taxation revenues. This Section 1 replaces Section 15 of this be obtained sufficient to make all Lease Payments and other Lease entitled"Funding Intent". payments during the term of this Lease. You agree that your 2. Non-appropriation of Funds. If(a) sufficient funds are chief executive or administrative officer (or your not appropriated and budgeted by your governing body in any administrative office that has the responsibility of preparing fiscal period for Lease Payments or other payments due under the budget submitted to your governing body, as applicable) this Lease, and (b) you have exhausted all funds legally will provide for funding for such payments in your annual available for such payments, then you will give us written budget request submitted to your governing body. If your notice and this Lease will terminate as of the last day of your governing body chooses not to appropriate funds for such fiscal period for which funds for Lease Payments are available. payments, you agree that your governing body will evidence Such termination is without any expense or penalty,except for such non-appropriation by omitting funds for such payments the portions of the Lease Payments and those expenses due during the applicable fiscal period from the budget that it associated with your return of the Equipment in accordance adopts. You and we agree that your obligation to make with Section 2 of this Lease for which funds have been Lease Payments under this Lease will be your current budgeted and appropriated or are otherwise legally available. expense and will not be interpreted to be a debt in violation Upon such termination, all of your rights and interests in the of applicable law or constitutional limitations or Equipment will vest in us. This Section 3 replaces Section 16 requirements. If a Default occurs,any judgment obtained of this Lease entitled"Non-appropriation of Funds". against you will be enforceable solely against revenues 3. Choice of Law. Regardless of any conflicting allocated by your governing body for such purpose. Nothing provisions in this Lease,THIS LEASE WILL BE contained in this Lease will be interpreted as a pledge of your GOVERNED BY THE LAWS OF THE STATE OF general tax revenues, funds or mo s. egardless o FLORIDA. see Lessor: Lenovo Financial 5.mices Authorized Signature Authorizedst ignature Print Name&Title Print Name&Title 1 Zy/ I/ Date Date CERTIFICATE OF APPROPRIATIONS (State and Local Government Master Lease Agreement) I, k i÷'(e t h i do hereby certify that I am the duly elected or appointed and acting Dh bekarl - 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) 1621663, between Lessee and Lenovo Financial Services as lessor ("Agreement"), for the fiscal year ending iC 1 20 I , 20 l q , 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 Z`1 day of.,1-09, 20 I. 1 . Signa ure s1Cr' M fOr 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. 7 1 Signatur 9.7.r) --)ef n a tel eYe. / Mitt Print Name & Title CERTIFICATION OF ESSENTIAL USE RE: Schedule to Master State&Local Government Lease Agreement#1621663,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): L Is the Equipment additional or new technology to the department, or does it constitute a continuation of your existing technology? EX/5f1 el Our source of funds for payments due under the Agreement for the current fiscal year is Fy2O/ ' 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: p''Dp6St-"d P - 20Z0 iyvr f LESS • Ci of T marac By: (A thorized Signature) ]LGC ireo 6U0 h - /55i . C Mil" • (Name and Title-printed or typed) Date: 7/2`i' 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$388,416.49 Please insure the equipment, and issue a written endorsement naming Lenovo Financial Services ISAOA as Additional Insured and Loss Payee and provide LFS with thirty(30) days'written notice of any material changes in coverage, cancellation or non-renewal. The policy should include the following endorsement: The insurance under this policy shall be primary insurance and the company insurer shall be liable under this policy for the full amount of the loss up to and including the total limits of liability herein without right of contribution from any other insurance effected by Lenovo Financial Services under any policy with any insurance company covering a loss covered under this policy. 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.us@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/Ins, ,d: City off TarnaraC uthorized Signature eetkk►rc.� 6U.V.v. - A-55f. c,a--1 Np'. Type/Print Name&Title Date PLEASE SEND ONE COPY OF THE COMPLETED FORM TO YOUR BROKER AND RETURN ONE COPY TO US. Lenovo Financial 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. 1621663 Customer Name: City of Tamarac Aly h rized Sign ture Q\/- amity Manager Title Date