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