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City of Tamarac Resolution R-2021-006
Temp. Reso # 13556 January 12, 2021 Page 1 • CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2021- t'JU(�> A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A NEW SCHEDULE TO OUR EXISTING MASTER STATE & LOCAL GOVERNMENT LEASE AGREEMENT WITH LENOVO FINANCIAL SERVICES TO LEASE TWELVE (12) PANASONIC TOUGHBOOK LAPTOPS FOR THREE (3) YEARS AT AN ANNUAL COST OF $10,374.34 FOR A TOTAL COST OF $31,123.02 AT THE END OF THREE YEARS, 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, rugged laptops are utilized in the Fire Rescue Department to manage • the electronic -, patient care recordsand P , WHEREAS, these units are carried on to all emergency calls and subjected to harsh conditions; and WHEREAS, current Panasonic Toughbook Laptops are over three years old and out of warranty coverage; and WHEREAS, these tablets are essential in the performance of Fire Rescue Department operations; and WHEREAS, we requested and received three quotes from vendors attached hereto as Exhibits 1, 2,3 and tabulated below: 0 Temp. Reso # 13556 January 12, 2021 Page 2 Panasonic Toughbook • Laptop Quantity Total Office Depot $2,784.76 12 $33,417.12 ARC $2,850.94 12 $34,211.28 Warehouse CDW-G $3,480.72 12 $41,768.64 and WHEREAS, Office Depot provided the lowest cost for the requested equipment; and WHEREAS, Resolution R-2017-12 attached hereto as Exhibit 4 approved a Master Lease Agreement with Lenovo Financial Services; and WHEREAS, the Director of Financial Services and the Director of IT recommend that the leasing of the new Panasonic Toughbook Laptops based on the Office Depot quote be added to the Lenovo Financial Services Master Lease Agreement as a new Schedule (Schedule # 1738966) attached hereto as Exhibit 5 in the amount of $10,374.34 year ear for • P three (3) year Fair Market Value (FMV) lease for a total cost of $31,123.02 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 6; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to approve Schedule # 1738966 to Lenovo Financial Services Master Lease Agreement to lease 12 Panasonic Toughbook Laptops for three years at an annual cost of $10,374.34 for a total cost of $31,123.02 at the end of the three-year lease term. 0 • Temp. Reso # 13556 January 12, 2021 Page 3 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 # 1738966 to Master Lease Agreement with Lenovo Financial Services and authorize the appropriate City Officials to execute the necessary documents to lease 12 Panasonic Toughbook Laptops for three years at an annual cost of $10,374.34 for a total cost of $31,123.02. 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 # 13556 January 12, 2021 Page 4 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. -� o?��i PASSED, ADOPTED AND APPROVED this day of nuu q, 28-9 ATTEST: JEN , ER JOONSON-dMC CITY CLERK MICHELLE J.GOYEZ, MAYOR RECORD OF COMMISSION VOTE: M MAYOR GOMEZ ': DIST 1: COMM. BOLTON + DIST 2: COMM. GELIN '- DIST 3: V/M VILLALOBOS DIST 4: COMM. PLACKO I HEREBY CERTIFY that I have approved this RESOLUTION as to form. AN OTTINOT • INTERIM CITY ATTORNEY -4 4111'Z*10 41 &I Company Address 6600 North Military Trail Boca Raton, FL 33496 US Prepared By Shannon Beer Phone (888)707-7040 t. Email shannon.beer@officedepot.com LIND 120W 12 32 VOLT INPUT PWR TOUGHBOOK CF-20 15-7Y57 1.2G Subtotal $33,417.12 Total Price $33,417.12 Estimated Tax $0.00 Grand Total $33,417.12 Created Date 12114/2020 Quotes/Self Service 00037885 ID Contact Name Marjorie Irizarry Ship To Name CITY OF TAMARAC Ship To 7525 NW 88TH AVE TAMARAC,FL USA CF-LNDDC120 $106.87 $106.87 CF-20G5684VM $2,450.48 $2,450.48 12.00 $1,282.44 12.00 $29,405.76 *Estimation only. Real tax calculated at time of order placement. Terms & Conditions May 24, 2019 DEFINITIONS "Office Depot" and "We" mean Office Depot, Inc., a Delaware corporation, including its subsidiaries, parent companies, or affiliates. "Customer," "You," or "Your" means the party purchasing from Office Depot any goods or services through the Internet, telephone, fax, catalog, mail, or hand -delivery. PAYMENT TERMS Payment terms shall be net twenty (20) days from date of invoice or date of purchase if no invoice is provided. CREDIT TERMS Customer's credit limit shall be established by Office Depot. Office Depot reserves the right to lower Customer's credit limit or refuse to ship any orders. DISCLAIMER OF WARRANTIES Office Depot disclaims any and all warranties to the fullest extent permitted by law, including any implied warranties, the warranty of fitness for a particular purpose, and the warranty of merchantability. LIMITATION OF LIABILITY Customer agrees that: IN NO EVENT SHALL OFFICE DEPOT BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES (COLLECTIVELY "DAMAGES"), INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES RESULTING FROM LOSS OF USE OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, WHETHER IN AN ACTION BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF OFFICE DEPOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OFFICE DEPOT'S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT. PRICING With respect to pricing, Office Depot's cost of goods is calculated without deduction or otherwise giving effect to program, purchase incentives, rebates and other benefits potentially provided to Office Depot, and may include an additional allocation for certain costs and expenses incurred by Office Depot in connection with such products. Office Depot reserves the right to impose margin -based pricing to ensure minimum profitability thresholds. Office Depot updates pricing and product and service assortments on a regular basis as a result of a variety of factors, including, but not limited to, market and competitive forces, and reserves the right to change Customer's pricing and product assortment at any time without notice. Manufacturer list prices are set by the manufacturer and are provided by either wholesale distributors or the manufacturer directly, as applicable. Promotion pricing, including, but not limited to, Instant Savings, Coupon Savings, Mail -In Savings, and Bundled Savings that is available on www.officedepot.com, is not available for orders placed on www.business.officedepot.com. Office Depot shall have the right to withhold the sale and/or delivery of any products or services in its sole discretion, including, but not limited to, for reasons arising from industry constraints and/or market conditions. If tariffs or other similar charges are levied on products being purchased by You, then Office Depot may impose a surcharge or other fee for such products. Office Depot also reserves the right to substitute private -brand or other equivalent products as part of Your order. For compliance with select California and Texas laws and for financial reporting purposes, all sales shipped to California and Texas customers are made by eDepot, LLC, a wholly -owned subsidiary of Office Depot, Inc. California sales are F.O.B. destination point. Texas sales tax is based on the location where the order was received. DELIVERY - Place a qualifying order of $50 or more, and if you're in one of our many local delivery areas, your delivery will be FREE. Minimum purchase is calculated after discounts and before taxes are applied. Certain exceptions may apply. • Most furniture and oversized items, special orders, custom printing orders, bulk items, cases of bottled water and other beverages, and certain technology items are excluded. • Orders less than $50 and orders outside Office Depot's local delivery areas will incur delivery fees as follows: o Order values of $49.99 and Below: $9.99 Delivery Fee o Order values of $50.00 or more: FREE delivery • Additional fees may apply for orders outside our local delivery areas; including areas outside of the continental United States. • Delivery fees, if any, will be noted at checkout. Delivery fees are non-refundable if the order or part of the order is returned unless the product is damaged or defective. Delivery fees are subject to change without notice. • Many items are available for next business -day delivery. We will notify you of your estimated delivery date when you place your order (subject to credit approval and product availability). • Deliveries are made between 8 a.m. and 5 p.m., Monday through Friday. Residential deliveries are made until 7 p.m., Monday through Friday. Delivery times outside of the continental United States may vary based upon the delivery address. • Call 1-888-263-3423 for delivery information to determine local delivery areas. Special orders not available in Alaska or Hawaii. • If any delivery is prevented or delayed by any act or condition beyond our reasonable control, Office Depot shall give prompt notice to buyer of such condition and shall make all reasonable efforts to ensure delivery is made as soon thereafter as possible. • Based on inventory location, items may arrive in more than one shipment and will be shown as separate charges on your credit card statement. • Office Depot reserves the right to determine the delivery method used to fulfill your order. DELIVERY (cont'd) • Expedited Delivery Service is available for certain technology items, and certain technology items may require additional time in transit. Free standard delivery for such technology items is 3-10 business days. Should You require faster service for these technology items, Next Business Day and Next Business Day AM delivery are available for an additional cost. Orders placed by 4:00 p.m. Eastern time on a business day will be delivered the next business day. - For example, orders placed prior to 4:00 p.m. Eastern time on Monday will be delivered on Tuesday, while orders placed after 4:00 p.m. Eastern Time on Monday will be delivered on Wednesday. • Orders placed on Friday after 4:00 p.m. Eastern time, Saturday or Sunday will be delivered on Tuesday. Business days do not include holidays. • Expedited Delivery fees will be noted at checkout. • Certain custom printing orders may require additional time in transit. Free standard delivery for such custom items is 7-9 business days. "Priority Shipping", delivered in 5-6 business days, and "Rush Shipping', delivered in 3-4 business days, are available for additional cost. Fees will be noted at checkout. • Office Depot's delivery rates and policy are subject to change without notice. • Any orders subject to customer workflow processes will be released for fulfillment if such orders are not canceled within ten (10) days of the initial placement date. - Please call customer service or Your account representative for additional details. FURNITURE DELIVERY RATES AND POLICIES (Excluding Special Orders) • Delivery Service on orders of furniture and oversized items is based on the product dimensions, weight and delivery zip code of the order. • Most items are delivered to your door. • For some orders, we provide Enhanced Delivery Service, which includes delivery by a 1 or 2-person team, placement in your office or residence and removal of packaging (upon request). • Enhanced Delivery Service is not available in all areas, and you will be notified at checkout if your order qualifies for Enhanced Delivery Service. - Most orders should be received within 7 business days of placing the order, but some orders may qualify for next business -day delivery. The anticipated delivery date will be noted on your order confirmation. • If your order does not qualify for next business -day delivery, you will receive a call one (1) business day prior to the delivery date on your order confirmation advising you of your delivery window. At that time, you can request a new delivery date to fit your schedule, including Saturday. FURNITURE DELIVERY FEES Due to location and shipping distances, delivery fees may vary and will be noted at checkout. Delivery fees are subject to change without notice. FURNITURE ASSEMBLY • Office Depot offers assembly services for an additional fee upon request. • This service can be arranged for all items requiring assembly by calling our assembly partners at 1-800-978-2669. • This service is usually performed within 2-3 business days after the merchandise is delivered. SPECIAL ORDER DELIVERY RATES AND POLICIES (Manufacturer Direct) • Certain Office Depot items will be shipped directly from carefully selected vendors and manufacturers. • These special order (manufacturer direct) items are shipped via standard delivery and are delivered to a ground floor location in the manufacturer's shipping carton. • Your delivery date and delivery fee will be calculated at checkout. • Premium delivery is available for manufacturer direct furniture items for an additional fee. Premium delivery provides shipping directly from the manufacturer and includes full assembly and installation within 10 business days of placing the order (for local delivery areas) and within 21 business days (for remote locations). Contact the Furniture Help -Line at 800-999-9933 for details. • Premium delivery service is also available for security and fire safe files for an additional fee and must be arranged at 888.2.OFFICE at the time of purchase. This service includes delivery, unpacking, setup and removal of debris. (Deliveries requiring multiple flights of stairs may require additional charges and should be noted when placing the order). • The details of these deliveries are determined by the policies and practices of the associated vendors and manufacturers. t. GE TECHNOLOGY ITEM Freight Delivery: • Standard Delivery Service is available for large technology items (greater than 70 lbs. ). In most instances, there is no fee for Standard Delivery. These items are delivered by freight trucks that are approximately 56 inches above the ground. These trucks are designed to load and unload items at a loading dock. Most items require a fork-lift. • Liftgate Delivery Service is available at an additional fee. • What is liftgate service? A liftgate is a device used to lower items from the tractor trailer level to the ground. It is ideal for deliveries to residential areas or commercial areas that do not have a loading dock. Office Derr. • How do I determine if I need liftgate delivery? If Your delivery location does not have a loading dock and/or a forklift to remove heavy items from the truck, You need a liftgate. • If Your delivery location has a loading dock; but the items in Your shipment are too heavy for You to remove from the truck, and you do not have a forklift, You need a liftgate. • If there is not a carrier terminal in your area and/or You cannot drive to the closest carrier terminal to pick up the freight from the carrier, You need a liftgate. • If You need liftgate service, You should select the "Freight with Liftgate" option at checkout. • Liftgate delivery fees are based on the carrier, delivery location and delivery service You request. Fees will be noted at checkout. • If You do not select Freight Delivery at checkout but You require liftgate service. Your delivery may be delayed and additional charges will apply. REFUNDS AND EXCHANGES Your complete satisfaction is our primary concern. At Office Depot, we want to be sure that every purchase is the right one for You. If You are dissatisfied with Your purchase for any reason, You may return most items in their original packaging within 30 days of purchase for a replacement or full refund. Exceptions: • Furniture, Computers and Business Machines with accessories in original packaging can be returned within 14 days after purchase for a full refund. • Opened Computers, Business Machines and Software (with accessories and original packaging) can be exchanged for the same item within 14 days of purchase. • Special Order Products may not be returned or exchanged. This includes items that are not stocked in one of our warehouses and/or are indicated as SPECIAL ORDER. DISCONTINUED PRODUCTS In the event an item that was initially offered is discontinued by Office Depot or its supplier, Office Depot will use commercially reasonable efforts to replace such discontinued with an alternative item that is available within Office Depot's stocked inventory. Items may be discontinued at any time, without notice to Customer. EXPORT Customer acknowledges and agrees that regarding Harmonized Tariff Schedule of the United States, U.S. Census Schedule B Export Codes, and/or country of origin information (collectively, "Export Information"), Office Depot: (a) is not the manufacturer of the goods that Office Depot sells to Customer; (b) is not required to provide any Export Information to Customer: (c) does not independently verify any Export Information that Office Depot receives from its suppliers; (d) does not represent or warrant the accuracy of any Export Information; and If) provides Export Information only as of the date Office Depot received it from Office Depot's suppliers. Customer agrees to comply with all applicable U.S. and non-U.S. export and import laws and regulations. Customer shall obtain any required export or import authorizations to support deliveries under this Agreement. Customer shall immediately notify Office Depots representative if Customer is or becomes listed in any U.S. or non-U.S. government denied -parties list or if Customer's export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or non-U.S. government entity or agency. Office Depot shall not be liable for increased costs, duties or any penalties or damages incurred by Customer as a result of deficient or erroneous documentation supplied by Customer for purposes of establishing the status of goods under any trade preference programs. Customer shall indemnify and hold harmless Office Depot from and against any claim, proceeding. action, fine, loss: cost and damages arising out of or relating to any noncompliance with export control regulations by Customer. NOTICES All notices to Office Depot must be given in writing. Such notices shall be deemed to have been given when delivered in person, or three (3) days after being sent by certified mail, return receipt requested, postage pre -paid, or upon delivery by reputable overnight courier: all delivery charges pre -paid. Notices shall be sent to the following address: Office Depot, Inc., 6600 North Military Trail, Boca Raton, FL 33496. Attn: Office of the General Counsel. MODIFICATION Office Depot reserves the right to modify these Term and Conditions at any time and at its sole discretion. SEVERABILITY Any legal determination that any of the provisions contained in these Terms and Conditions are void, invalid or unenforceable shall not affect the validity of any other provisions of these Terms and Conditions. CHOICE OF LAW FORUM These Terms and Conditions shall be construed and governed in accordance with the laws of the State of Florida without regard to conflict of laws principles, and any disputes or litigation arising from these Terms and Conditions shall be conducted in the state or federal courts of the State of Florida. FORCE MAJEURE Office Depot shall not be considered in default in the performance of its obligations to the extent that the performance of any such obligation is prevented or delayed by any cause that is beyond its reasonable control. Copyright ©2017 by Office Depot, Inc. All rights reserved. Prices shown are in U.S. Dollars. Please login for your pricing. Prices are subject to change. All use of the site is subject to the Terms of Use. Prices and offers on www.officedepot.com may not apply to purchases made on www.business,officedepot.com. See Terms and Conditions for details. I'-f Z r ARC A PIVO- COMPANY 607 E. Sonterra Blvd., Ste 250 San Antonio, TX 78258 United States P:(210)348-9876 F: (210)348-9124 QUOTE # .6 Q33-00004461 Date 11/19/2020 Page 1/1 Expires On 12/19/2020 Sales Contact T MOSS Quote F ,! CITY OF TAMARAC -. OSS PREPAYMENT •B DESTINATION ExtendedUnit Price Price 12 NC204B CF-20G5684VM PANASONIC : WIN10 PRO,INTEL CORE I5- $2,850.94 534,211.28 7Y57,10.1IN WUXGA 10-PT DIGMZER,I6GB,512GB SSD,INTEL WIFI A/B/ PANASONIC : Win10 Pro,i5-7Y57 1.20GHz,vPro,10.1 WLIXGA 10-pt Touch +Digitizer, 16GB,S 12GB SSD,a/b/g/n/ac,TPM 2.0,13T,Dual Pass (Ch1:WWAN/Ch2:WWAN-GPS),4G LTE-Advanced Multi Carrier (EM7455),Infrared Webcam,8MP Cam,Bridge Battery,Emissive Backlit KBD,Toughbook Preferred All pricing is based off the FL STATE NASPO AGREEMENT Master Agreement: MNWNC-124 Florida Contract # MNWNC-124 12 NC204B CF-SVCLTNF3YR Panasonic Protection Plus - Accidental $0.00 50.00 damage coverage - parts and labor - 3 years (from original pu Subtotal $34,211.28 Tax $0.00 Total $34,211.28 These prices do NOT include taxes, insurance, shipping, delivery, setup fees, or any cables or cabling services or material unless specrfrcally listed above. All prices are subject to change without notice. Supply subject to availability. j aPEOPLE WHO 6ETIT DEAR LEVENT SUCUOGLU, Thank you for considering CDW•G for your computing needs. The details of your quote are below. Click to convert your quote to an order. .may,; 1 QED . y., ;�, .r,. , s1 t .< LTQF171 12/3/2020 PANASONIC CF-20 3522709 $41,768.64 Panasonic Touahbook 20 - 10 1" - Core i5 7Y57 - 16 GB RAM - 12 5212374 $3,480.72 $41,768.64 Mfg. Part#: CF-20G5684VM UNSPSC:43211509 Contract: Florida Panasonic NVP Computer Equipment (MNWNC-124 43211500-WSCA-1) PURCHA FO SUBTOTAL $41,768.64 Billing Address: SHIPPING $0.00 CITY OF TAMARAC ** ** SEE A/R NOTES**** SALES TAX $0.00 7525 NW 88TH AVE RM 100 **** SEE A/R NOTES**** GRAND TOTAL] $41,768.64 TAMARAC, FL 33321-2401 Phone- (9S4) 724-2450 Payment Terms: Net 30 Days-Govt State/Local DELIVER TO Please remit payments to: Shipping Address: COW Government CITY OF TAMARAC 75 Remittance Drive INFORMATION TECHNOLOGY Suite 1515 10101 STATE ST Chicago, IL 60675-1515 TAMARAC, FL 33321-6428 Shipping Method: DROP SHIP -GROUND 0 Matthew Leone 1 (866) 465-9848 1 matleon@cdwg.com FMV TOTAL FMV LEASE OPTION BO TOTAL BO LEASE OPTION $41,768.64 $1,129.84/Month $41,768.64 $1,301 93/Month Monthly payment based on 36 month lease. Other terms and options are available. Contact your Account Manager for details. Payment quoted is subject to change. Why finance? • Lower Upfront Costs. Get the products you need without impacting cash flow. Preserve your working capital and existing credit line. • Flexible Payment Terms. 100% financing with no money down, payment deferrals and payment schedules that match your company's business cycles. • Predictable, Low Monthly Payments. Pay over time. Lease payments are fixed and can be tailored to your budget levels or revenue streams. Page 1 of 2 • Technology Refresh. Keep current technology with minimal financial impact or risk. Add -on or upgrade during the lease term and choose to return or purchase the equipment at end of lease. • Bundle Costs. You can combine hardware, software, and services into a single transaction and pay for your software licenses over time! We know your challenges and understand the need for flexibility. General Terms and Conditions: This quote is not legally binding and is for discussion purposes only. The rates are estimate only and are based on a collection of industry data from numerous sources. All rates and financial quotes are subject to final review, approval, and documentation by our leasing partners. Payments above exclude all applicable taxes. Financing is subject to credit approval and review of final equipment and services configuration. Fair Market Value leases are structured with the assumption that the equipment has a residual value at the end of the lease term. Page 2 of 2 Temp. Reso # 12895 Jan 24, 2017 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2017-� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A MASTER LEASE AGREEMENT WITH LENOVO FINANCIAL SERVICES TO LEASE TWO HUNDRED AND TWENTY-TWO (222) DESKTOPS AND LAPTOPS FOR THREE (3) YEARS AT AN ANNUAL COST OF $71,883.00 FOR A TOTAL COST OF $215,649 AT THE END OF THREE YEARS; AUTHORIZE THE ACQUISTION OF THREE HUNDRED AND TWENTY-SEVEN (327) MONITORS FROM LENOVO AT A COST NOT TO EXCEED $68,663, 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 needs to be updated to ensure continuity of services and to remain compatible with the internal and external systems; and WHEREAS, The City is in the process of deploying Microsoft Office 365 and Microsoft Windows 10 throughout the City; and WHEREAS, two hundred and twenty-two (222) desktops and laptops have been identified that are five to six years old that cannot accommodate the new software and I Temp. Reso # 12895 Jan 24, 2017 Page 2 need to be replaced; and WHEREAS, we requested and received three quotes from vendors attached hereto as Exhibits 2, 3 and 4 and tabulated below: and (Annual Lease Rates -3Year Term Company Lenovo Financial Services HP Enterprise Financial Services Dell Financial Services Cost/Cash Price for Annual Total Equipment Payment Payment $ 236, 920.67 $ 71, 883.00 $ 215, 649.00 $ 255, 328.00 $ 76, 550.00 $ 229, 650.00 $ 262,127.00 $ 81, 327.82 $ 243, 981.00 WHEREAS, Lenovo Financial Services provided the most favorable quote at $71,883.00 per year for three years; and WHEREAS, the PCs are covered under Lenovo warranty for the duration of the lease and returned to Lenovo at the end of the lease period; and WHEREAS, Lenovo Financial Services requires a Master State & Local Government Lease Agreement attached hereto as Exhibit 5 be approved prior to the leasing of the PCs; and WHEREAS, three hundred and twenty-seven (327) monitors in various sizes are needed to match the proposed PCs; and 1 Temp. Reso # 12895 Jan 24, 2017 Page 3 WHEREAS, monitors have a much longer useful life than computer equipment that it makes sense to purchase them separately from the leased equipment; and WHEREAS, proposals were received from Dell, HP and Lenovo and only Lenovo monitors met the required specifications; and WHEREAS, Lenovo proposed three hundred and three (303) monitors in sizes 24, 27 and 32 inches at a cost of $62,083 as shown in quote attached hereto as Exhibit 6; and WHEREAS, twenty-four (24) monitors were purchased from Lenovo in advance at a cost of $6,580 as shown in Purchase Order 200398 dated November 28, 2016 attached hereto as Exhibit 7; and WHEREAS, the Director of Financial Services and the Director of IT recommend approval of the Master State & Local Government Lease Agreement from Lenovo Financial Services and the purchase of three hundred and three (303) monitors from Lenovo; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to approve the Master State & Local Government Lease Agreement with Lenovo Financial Services to lease 222 PCs for three years at an annual cost of $71,883.00 for a total cost of $215,649.00 at the end of the three-year lease term and the purchase of three hundred and twenty-seven (327) monitors from Lenovo under NASPO Value -Point (Florida) Temp. Reso # 12895 Jan 24, 2017 Page 4 Contract #43211500-WSCA-15-ACS at a cost not to exceed $68,663, including twenty-four (24) monitors purchased in November 2016 in the amount of $6,580. 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 Master State & Local Government Lease Agreement and the appropriate City Officials are hereby authorized to execute the Master State & Local Government Lease Agreement with Lenovo Financial Services to lease 222 PCs for three years at an annual cost of $71,883.00 for a total cost of $215,649. SECTION 3: The City Commission approves the purchase of three hundred and twenty-seven (327) monitors from Lenovo under NASPO Value Point (Florida) Contract #43211500-WSCA-15-ACS at a cost not to exceed $68,663, including twenty-four (24) monitors purchased in November 2016 in the amount of $6,580. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 1 1 Temp. Reso # 12895 Jan 24, 2017 Page 5 SECTION 5: 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. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ATTEST: PATRICIA TEUF I L, CMC CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM V'!, .4A SA UEL S. GOR CITY ATTORNEYV day 2017. AH PY&DRIESSLER MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: COMM. GOMEZ 2� DIST 3: COMM. FISHMAN DIST 4: VICE MAYOR PLACKO 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 40 ; 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/Optional 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 24R 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, 1s' 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 $ 136,458.00 $ 41,702 4 - P310 $ 5,042.00 $ 1,510 2 - P70 $ 3,897.00 $ 1,191 2 — WS Dock $ 389.98 $ 119 131 Mounting Kit $ 2,749.69 $ 841 85 Onelink Dock $ 7,649.15 $ 2,338 1 —X1 Yoga $ 1,565 $ 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, equipment/soft-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-fisher(aD-lenovofs.com Hewlett Packard Enterprise Financial Services An HPE Company ' 200 Connell Drive Co Berkeley Heights, NJ, 07922 Januety282U97 www.hy.com Hewlett Packard Enterprise Financial Services Company "HPEFS" is pleased to provide City of Tamarac, FL with the following proposal for a possible lease/financing transaction with HPEFS subject to the terms of this letter. Lessor: Hewlett Packard Enterprise Financial Services Company Lessee: City of Tamarac, FL SupplierNendor. ONO* D")ot - HQI Lease PlanrType: Fair Market Value (FMV) Lease Term/Teml (in months): 36 months - see payment structures below Equipment: See attached equipment list Payment Structure: 36 Monthly - Quote 31107 Rev. 1 3 annual - Quote 31107 Rev. 1 Cost/Cash Price Payment Factor Payment Amount Rate Total Payments $255,328 0.02563 $6,544 -5.15% $235,571 $255,328 0.29981 $76,550 -9.74% $229,650 The Payment Factor(s) and Payment Amount(s) above are based on the Products, Product mix and Cost/Cash Price in the attached equipment list. These will be subject to change if 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 and all taxes , fees, maintenance, Insurance, registration and other fees and charges relating to the purchase, lease, ownership, possession and use of the Equipment. End of Lease Term Options: FMV Purchase Option (applicable only if Lease Plan above is FMV purchase ootionl Upon expiration of the original FMV lease term, Lessee may exercise the following options: a) Continue to lease on a month -to -month basis b) Renew and extend lease at a reduced rate 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. Confidentiality: This letter is delivered to you with the understanding that neither this letter nor its substance shall be disclosed by Lessee to any third party. Basis of Proposal: This letter is a proposal for discussion purposes only and does not represent either an offer or a commitment of any kind on the part of HPEFS. It does not purport to be inclusive of all terms and conditions 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 required internal approvals (including credit approvals) and both parties have agreed upon all essential terms of the proposed transaction and executed mutually acceptable definitive written documentation. This proposal can be modified or withdrawn by HPEFS at any time. Either party may terminate discussions and negotiations regarding a possible transaction at any time, without cause and without any liability whatsoever. Expiration Date: If HPEFS does not receive this proposal letter executed by City of Tamarac, FL, by the 15th of the prior month, same year, from the above Rate Expriration date, this proposal letter shall expire and will no longer be effective unless extended by HPEFS. HPEFS trusts you find the above proposal acceptable to your needs. If you have any questions concerning 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 suit your needs. Sincerely, HEWLETT PACKARD ENTERPRISE FINANCIAL SERVICES COMPANY uses Fact: E-mail: Phone: Dallas R. Ustrud daHaSustrud@hoe com 404-516-8826 Customer: City of Tamarac, FL Print Name: Signatur c�� Prepared For. CITY OF TAMARAC ?hank you forgiving Deli Financial Services I.A.S (-DFS') the opportunity to provide a technology financing solution nrnl ion I,7P"—w-ft Enclosed is a financing proposal for your new technology 'feeds. We look forward to discussing this opp.rtunity in n�olriann 'u,ther detail w �h you ? you have any questions please contact me at the phone number or ema;l address below. oa.-entt _r Intedn: P, NNftber Sumaury Product Daa<rtption PloGtctPMice .;oranty, EsteMlae P. WhFaav Sn00ora.g2tt,i :i - alU- a96.t'y; 7.i6 3L'OoitOtB?(,Gb?t - ;:,d < 5i',31 U_: l _T t 4Yu0r30W33La0.i i -'60QG. st: 540 34GOP^xis:21r01 at.:.p'r 7. u)°'3x' 7-- 70000P583y'3t1 - a �.vOt.Ot 1.Sy1lR S. 19a rs TOTALS $262,127.00 81,327.82 Prot25Eaal. EEpitJtitD3i4. February 17, 2017 Pwpai To-1PP'r) ttriR aR/ In thin lease. Leasing and financing ofovided by Deli Financial Serry ces L LC or its affiliate 01 designee ('DFS') to qualified customer S. Offe's may not be available or may vary in certain countries. Wnere availableo'fert may be charged wRhout notice and are subject to product availabltity. credit approval, execution of documentation provided by and acceptable to DFS. and may be sub)ect to minimum transaction size. OBers not available for per6oral4 family or household use Dell and the Dell logo are tradematim of Dell Inc. Proposal is property of LM. contains conhdentai rformatmn and siaf, not be duplicated or disclosed r whole or Fart. PrOPosal is not a firm offer of financing. ?rising and rates based upon the final amount configurabor and specs`cation of toe subplied equipment. software, s—lces or fees. Prorate payment may be due in the fist payment cycle Proposal eacddea add,tional costs to customer such as shipping. mamterance. filing fees, applicable taxes. Insurance and similar items, proposal valid -hrough. the expiration date shown aboveor rf none is specified, for 30 calendar days from date of presentation ruise the CV,on to purchase the prod:w-tc at the then faa man: A V.We. Ren", all pnxd— to Ies of 4. lesixi : e1pensc Rerrew the vsau on a much to main a tied term basis. FSR Deb I Financial Services ofr— + 512-728-I 2a CffiM Wnaht�tisll.com LEASE OUOTE: The Lease Q-te I$ axclusi've of sh'PPlrg costsr maintenance fees, fiing fees licensing -ees, Propeit+ or use taxes, i-sura— premwms and similar items whits shall be for Lessee's account Lessee will pa: payments and al char --ts without set -off abatement or Iaduct— to any reason whatsoever Adds^-•o:.ally. Lessee shall declare and Pay all sales use and personal property tares to the appropriate ta.iing author,hcs Ifyag.,..aales fall. y(1tiASpr3tl�!_l e4p1t�7v Ea pal CertlHce3 th thejga4 CP.nf[act NLe. pioviaeslheapwnpriatetayeyempgor.cemf.cates to lJFS Wes and use tares will not be collected by DFS. F wevel. �' vour laxly au:hont assesses a penonal DroP•rty tea on leases eau pment. and t OFS pals z,at Gv under your :ease strurtt n, lUF5 f ih t Rh the <I PURCHASF ORDER 'he Purchase Ortler mus; be Wade out to Dell Fina—at 5—me,lL L C One Dell Way. RR8 23 Rourd Pock Tx7Bt82 The phase Order will need to include the quote number. quaintly amp desertion of the MU'Pment Pease be sre to indcate that the PC is fir a teas< order and shows the type of lease. the term :ength. and payment frcq;xn<y Tne date of the tease quote refe__ed should be included ''tease oe sure to include any applcabi- shipping rods as a line Item and include your address as the SHIP TO de, ination. INSURANCE The risk of loss or thr_ equipment Is borre -Ay by the Lessee. Lessee shall be i equred to purchase and maintain during the Term (d comprehensve, public liability insurance naming Lessor as add tonal-nsuted, and (,it all-rskphysical damage ,nsu•ati :e it a minimum amount of the Purchase Price. ram:ng DFS as first loss payee APPROPRIATION COVENANT: The Lease will rontain an appropnaiion ,f funds clause. The I-- covenant chat it shall rig rl things legal., vithlo i;s power io obtain and mal-stain funsrs from winch the payments may txs Paid ENTATION: In addition to a ch ly executed Agreement other documents as'ea;onabiy req'..estec by DFS may be required. uicY as o✓t not Uri tG of counsel. IpS ta. exemptmn torrns lit applicable) and audited financial. AL VALIDfTI' / APPROVALS: This is a p•oposat Wiled upon •nariset conditions ands vaild for 30 days. is subject In liras r rrdit approva1. rev— of the its of the transaction. and execution of mutually, acceptable dp!Urtfe ntdtior;. Page t of t i^1imlC(-c3( pl.J!! S�Vt�tt� Master Lease Number: 1028812 Master State & Local Government Lease Agreement This Master State & Local 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 (Equipment'), and finance any software andlor services described in any schedule (collectively the "Products') that incorporates this Master Lease by reference. A schedule to this Master Lease ('Schedule') shall incorporate this Master Lease by reference by listing the Master Lease Number set forth above on the Schedule Each Schedule that incorporates this Master Lease shall be governed by the terms and conditions of this Master Lease, as well as the terms and conditions set forth in such individual Schedule. Each Schedule shall constitute an agreement separate and distinct from this Master Lease and any other Schedule. In the event of a conflict between the provisions of this Master Lease and a Schedule, the provisions or the Schedule shall govern but only with respect to that Schedule. The termination of this Master Lease will riot affect any Schedules executed before the effective dale of such emulation If you have entered into any purchase agreement or purchase order ('Purchase Contract') with any Vendor (as set forth on the applicable Schedule), you assign to us your rights under such Purchase Contract, but none of your obligations (other than the obligation to pay for the Equipment if d is accepted by you as stated below and you timely deliver to us such documents and assurances as we request). If you have not entered into a Purchase Contract, you authorize us to enter into a Purchase Contract on your behalf. You will arrange for the delivery of the Products to you. When you receive the Equipment, you agree m inspect it to determine if it Is in good working order. Each Schedule, upon the delivery to us of a signed Delivery and Acceptance Certificate, will be deemed inevocably accepted by you and will continue for the number of months specified in the Schedule, unless earlier terminated in accordance with Section 16 of this Master Lease. The first Lease Payment (as specified in the applicable Schedule) is due on or after the date the Equipment is delivered to you. The remaining Lease Payments (as specified in the applicable Schedule) will be due on the day of each subsequent month (or such other time perod specified in each Schedule) designated by us. You will make all payments required under such Schedule to us at such address as we may specify in writing. If any Lease Payment or other amount payable under any Schedule is not paid within 10 days of its due date, you will pay us a late charge equal to the greater of (i) 5% of each late payment, or (l) $510 for each late payment (or such lesser amount as is the maximum amount allowable under applicable law) 2. NO WARRANTIES. We are leasing the Equipment to you "AS -IS". YOU ACKNOWLEDGE THAT WE 00 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 warranties made by the manufacturer or Supplierwith respect m the Equipment leased pursuant to such Schedule. 3. EQUIPMENT LOCATION; USE AND REPAIR; RETURN. You may move the Products within the continental United States provided you give us written notification of the move within 30 days of the move, and you agree that you will be liable for any increase in any personal properly taxes as a result of that relocation For laptop computers, POAs, and other mobile devices, the location listed on the Schedule is its base location ('Base Localionj but these mobile devices may be temporarily located at other locations and you will notify us and be responsible for any tax increases should the Base Location change At your own cost and expense, you will keep the Equipment eligible for any manufacturer's certification, in compliance with all applicable laws, and in good condition, except for ordinary wear and tear You will not make any alterations, add lions or replacements to the Equipment w thout our prior written consent All aterabons, additions or replacements will become part of the Equipment and our property at no cost or expense to us We may inspect the Equipment at any reasonable time after advance notice to you. Unless you purchase the Equipment in accordance with the terms of the applicable Schedule, at the end of or upon termination of each Schedule you will immediately return the Equipment subject to each expired or terminated Schedule to us, in good condition and repair, subject to ordinary wear and tear, to arry place in the United States that we tell you. You will pay all remaining unpaid lease payments, late charges, insurance dherges, and our estimated properly taxes on the Products (based upon the prior years actual property tax), shipping and other expenses, and you will insure the Products for its full replacement value during shipping. Unless we request return to us, you must retain physical possession of the Products through the end of the initial or any renewal lease term of any Schedule. You may, at the time of providing your end of lease notice to us, elect to substitute and return a similar piece of equipment at end of a Schedule in the event the specific piece of Equipment that has reached and of lease is not immediately available for return. In order to elect a like for like return, you must identify the Equipment being retained by serial number and the Equipment being returned shall be the same model, configured similarly, as the Equipment being retainedIf the substituted Equipment was also leased try us, the Equipment retained past its original end of lease dale must then be returned to us at or before the end of lease date for the substituted Equipment that was previously returned If the substituted Equipment is not under a lease with us, then you shall at the bme of realm, provide us with a bill of sale for the substituted Equipment providing us with free and dear title to the subsbiutad Equipment. 4. DATA SECURITY: Some or all of the items of Equipment returned to us at any time may contain sensitive information or data belonging to your organization, or your custornedclientslpatients, 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 retrieved by us 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 recovery of any of such data and information is not possible. You have the sole responsibility to so destroy, delete, and remove all data and information stored in or on the Equipment. We have absolutely no liability for any data or information that you fail to so destroy, delete, and remove. All hard drives and other data retention components must function as originally installed after data removal. 5. TAXES AND FEES. You are responsible for all sales and use (unless you provide us with an acceptable SaleslUse Tax exemption forth), personal property or other taxes retailing to the use or ownership of the Products, now or hereafter imposed, or assessed by any state, federal, or local government or agency. You agree to pay when due, or reimburse us for, all takes, fines or penalties imposed upon the Equipment and, if we elect, you agree to pay us estimated property taxes either with each lease payment or annually as invoiced by us We will file all sales, use and personal property tax returns (unless we notify you otherwise in writing). We do not have to contest any taxes, fines or penalties; however, you may do so provided (a) you do so in your own name and at your own expense, (b) the contest will not result in any sort of Iten being placed on the Products or otherwise jeopardize our rights in any of the Products, (c) you pay us for any taxes we remitted to the taxing authorities even though you be contesting the taxes and indemnity and hold us harmless for any expenses, including legal expenses, we incur as a result of such contest If we file such personal property tax resports, you will pay property takes as invoiced by us. 6. LOSS OR DAMAGE. As between you and us, you are responsible for any loss, theft destruction of, or damage to, the Equipment (collectively, "Loss) from any cause at all, whether or not insured, until delivered to us at the end of the applicable Schedule. You are required to make all Lease Payments even if there is a Loss. You must notify us in writing immediatey of arry Loss. Then, at our option, you will either (a) repair the Equipment so that it is in good condition and working order, eligible for any manufacturer's certification, or (b) pay us the amounts specified in Section 10(b) of this Master Lease 7. INSURANCE. You will provide and maintain at your expenses property insurance against file 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. If you so request and 6 we give our prior written consent, in lieu of maintaining the insurance described in the preceding sentence, you may self -insure against such risks, provided That our interests are protected to the same extent as if the insurance required in clauses (1) and (2) above had been obtained by third party insurance carriers and provided further that such set insurance program is consistent with prudent business with respect to insuring such risk You will give us certificates or other evidence of such insurance on the commencement date of this lease and at such times as we request. All insurance obtained from a third party insurer will be in a form, amount and with companies acceptable to us, and will provide that we be given 30 days advance notice of any cancellabon or material charge of such insurance. IMPORTANT INFORMATION ABOUT MX:EIDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. What that means for you: When you open an account, we will ask for (i) if you are a legal entity, your name, address, and other information that will allow us to identify you; (it) if you are an individual, your name, address and date of birth. We may also ask to see our drrver's license or other identifying documents. LESSOR: Ltenoyo Finatfticial Services 10201 Centurion Parkway N. #100 Jacksonville, FL 32256 Authorized Signature Date Signed Printed Name Print Title LESSEE: City of Tarriamc Lessee Legal Name Lessee "Doing Business As" Name 7525 NW 88t' Avenue Street Address Tam rac 3 '^— city, S • Authorized Signature Date Signed X Aiell•re/ c e.ti4 Print Signers Name and Title X :r /03 Vxxa Federal Tax ID Lenow Enterprise SLG100 D9012015 rev 01212016 Pagel of 2 a. PURCHASE OPTION; AUTOMATIC RENEWAL. It no Default has occurred and is continuing under this I Master Lease or the relevant Schedule, you will have the option (other then $1 purchase option leases) at the end T of the initial or any renewal tern of a Schedule to. (a) purchase all or a portion of the Products covered by such L Schedule at the Purchase Option Once shown on such Schedule, plus any applicable takes, (b) return all of the E Products or any portion of the Products not purchased or renewed by such Schedule by the Schedule termination date, or (c) elect a fixed tern renewal of all or a portion of the Products at the fair market rental value of the M Products. We will use our reasonable judgment o determine the Products fair market rental value as configured, C in place and installed ( Fair Market Rental Valuel. You agree that the Fair Market Rental Value is the amount that may reasonably be expected for the installed Products in an exchange between a willing lessor and a willing T Lessee, including costs to make the Products fully operational. If you do not agree with the determination of the 8 fair market rental value, the fair market rental value (in use and in place) will be determined at your expense by an S independent appraiser mutually acceptable o the Parties. To exercise any of these options you must provide written notice o us at least 90 days but not more than 180 days before the end of the initial tern of a Schedule that you will either return, purchase or renew the Schedule as set forth above. If you elect a partial return, purchase, or renewal of Products, you will identify the Impacted Products by serial number in your end of lease notice. ff you fail 10 provide this notice or if, having given such notice, you y do not purchase, deliver the Products in accordance with the terms and conditions of this Lease and the applicable 1 Schedule, or renew, the Schedule will automatically renew for successive month to month renewals until an end of the Schedule notice has been provided and acted upon. If you elect to exercise a return, purchase or rertevrat of some but not all Products, your notice must identify which Products are going to be returned, purchased or renewed During any renewal term this notice period is reduced to 30 days prior to the end of the renewal term. We may cancel an automatic renewal term by sending you writfen notice 10 days prior to such renewal term. If the Fair Market Value Purchase Option has own selected under any Schedule, we will use our reasonable judgment to determine the Products fair market value as configured, in place and installed ('Fair Market Valuel. I You agree that the Fair Market Value is the amount that may reasonably be expected for the installed Products in I an exchange between a willing buyer and a willmg seller, including costs o make the Products fully operational. If i you do not agree with our determination of the Product's Fair Market Value, the fair market value (in use and in place) will be determined at your expense by an independent appraiser mutually acceptable to both parties. Upon payment of the Purchase Option price, we wil transfer our interest in the Products to you 'AS -IS, WHERE IS' without any representation or warranty whatsoever and the applicable Schedule will terminate To secure payment of all amounts due o us. to the extent permitted by law, you grant us a security interest in the Equipment (arcluding any replacements, substitutions, additions, attachments and proceeds). You will keep the Equipment free of a0 liens and encumbrances. You authorize us to file financing statement(s) to protect our interest in the Equipment. 9. DEFAULT. Each of the following is a'Defeult' under this Master Lease and any Schedule: (a) you fad to pay any Lease Payment or any other payment within 30 days of its due date, (b) you do not perform any of your other obligations under this Master Lease or any Schedule or in any other agreement with us or with any of our affiliates and this failure continues for 30 days after we have notfied you of R, (c) you became insolvent you dissolve, you assign your assets for the benefit of your creditors, you sell, transfer or otherwise dispose of all or substantially all of your assets, or you enter (voluntarily or involuntarily) any bankruptcy or reorganization proceeding, or (d) any representation or warranty made by you under the Master Lease or in any instrument you have provided us proves o be incorrect in any material respect. 10. REMEDIES. If a Default occurs, we may do one a more of the following. (a) we may cancel or terminate this Master Lease and/or any or all Schedules and any or all other agreements that we have entered into with you or withdraw any offer of credit (b) subject to Section 16, we may require you io immediately pay us, as compensation for loss of our bargain and not as a penalty, a sum equal o (s) the present value of all unpaid Lease Payments for the remainder of the term plus, the present value of our anticipated residual value in the Products each discounted at 4% per year, plus c) we may require you o deliver the Equipment o us as set font in Section 3. (d) we or our agent may peacefully repossess the Equp meat without court order and you will not make any claims against us for damages a trespass a any other reason, and (e) we may exercise any other right or remedy available at law or it equity. In the event of a dispute arising out of this Master Lease or any Schedules, the prevailing party shall be entitled to its reasonable collection costs and Adomey, fees and costs incurred in enforcing or defending this Master Lease or any Schedules. If we take possession of the Equipment we may sell or otherwise dispose of a with or without notice, at a public or private sale, and apply the net proceeds (after we have deducted all costs related o the sale or disposition of the Eguipmen`v` o the amounts that you awe us. You will remain responsible for arry amounts that are due after we have applied such net proceeds You agree that if notice of sale is required by taw to be given, 10 days notice shall constitute reasonable notice. it. FINANCE LEASE STATUS. You agree that if Article 2A-Leases of the Uniform Commercial Code applies to a Schedule, such Schedules wilt be considered a'Ynance lease' as that term is defined in Article 2A. By signing each Schedule, you agree that either (a) you have reviewed, approved, and received a copy of the purchase contract or (b) that we have informed you of the identity of the Supplier, that you may have 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, sell, assign, or transfer this Master Lease or any Schedule and our rights o the Equipment You agree that the new owner will have the same rights and benefits that we have now under this Master Lease and any Schedule but not our obligations, which obligations we will remain responsible for. The rights of the new owner unit not be subject o any claims, defenses or set-off that you may have against us or the supplier 13. INDEMNIFICATION. To In Intent not prohibited by applicable law, You are responsible or and agree to indemnify and hold us harmless from any (a) losses, damages, penalties claims, suits and actions (collectively 'Clakns'), whether based on a theory of sinct liability or otherwise caused by or related to the manufacture, installation, ownership, use, lease, possession or delivery of the Products or any defects in the Products and (b) all reasonable costs and attorneys' fees incurred by us relating to any Claim You agree to reimburse us for and if we request o defend us against any Claims, except Claims caused by our willful misconduct You agree that your obligations under this section and the Taxes and Fees section of this Master Lease shall survive the termination of this Master Lease or Claims arising during the term of this Master Lease or any Schedule. 14. MISCELLANEOUS. You agree that the terms and conditions contained in this Master Lease and any Schedule make up the entire agreement between you and us regarding the lease of the Equipment This Master Lease is not binding on us until we sign it Any change in arty of the terms and conditions of this Master Lease or any Schedule must be in writing and signed by us, either manually or by electronic transmission. You agree, however, that we are authorized, without notice to you, to supply missing information or correct obvious errors in this Master Lease. 9 we delay or fail o enforce any of our rights under this Master Lease or any Schedule, we will still to entitled o enforce those rights at a Later time. All notices shall be given in writing by the party sending the notice and shall be effective when deposited in the U.S Mail, addressed o the party recewnng the notice at i s address shown on the frail of this Master Lease (or o arty other address specified by that party in writing) with postage prepaid. All of our rights and indemnities will survive the termination of this Master Lease or any Schedule. t is the express intent of the parties not o violate any applicable usury laws or o exceed the maximum amount of time price differential or interest as applicable, permitted o be charged or collected by applicable law, and any such excess will be applied o Lease Payments in inverse order of maturity, and any remaining excess will be refunded o you. If you do not perform any of your obligations under this Master Lease or any Schedule, we have the right but not the obligation o take any action or pay any amounts that we believe are necessary o protect our interests. You agree to reimburse us immediately upon our demand for any such amounts that we pay. F A SIGNED COPY OF THIS MASTER LEASE OR A SCHEDULE IS DELIVERED TO US BY FACSIMILE EASEORA SCHED EBUNTILDINGWE AG�P ITBYrEMANUALLLLLWILL NOT Y SIGNING IITTEOR BY PURCHASINGTHE MASTER QUIPMENT SUBJECT TO THE APPLICABLE SCHEDULE, WHICHEVER OCCURS FIRST. YOU WAIVE NTED ASTER LEASE.CE OF OUR ACYOU7ANCE AGREEND WAIVE YOUR RIGHT TO RECEIVE A THAT, NOTWITHSTANDING ANY RULE OF OPYVIDENCE TOTHE THE ONTRARY, IN ANY HEARING, TRIAL OR PROCEEDING OF ANY KIND WITH RESPECT TO THIS MASTER EASE, WE MAY MILE RANSMISSION THAT OHAS BEEN UCE A OMANUALLY SIPY OF THE GNEDLLBY S AND SUCH COPY R LEASE DSHALL E DEEMEO US BY D TO E 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 ECURITY 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 DELIVER 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. H more than one Lessee has signed this Master Lease, each of you agrees that our liability is joint and several. 5. FUNDING INTENT. You reasonably believe that funds can be obtained o make all Lease Payments during Lanovo Enterprise SLG100 09012015 rev D1212016 Page 2 of 2 Financial services ADSCHEDULEOLEASE TO MAS ER STATE & LOCAL GOVERNMENTEASE AGREEM NT AND MASTER STATE & LOCAL GOVERNMENT #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 parry 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) 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 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. Pagel of 2 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 M3 Title: Page 2 of 2 City of mac Title: (!A 1ha•►.�_u� Schedule to Master State & Local Government Lease Agreement r' trianciai Services This Schedule No. 1396364 (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 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: N Fair Market 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 LESSOR: Lenovo Financial Services 10201 Centurion Parkway N. #100 Jacksonville, FL 32256 Authorized Signature Date Signed Printed Name Print Title Lessee City of Tamarac Lessee Legal Name Lessee "Doing Business As" Name 7525 NW 88In 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; (n) 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, (Ili) 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 RATTIER 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 unenforceable, then, upon the wntten 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 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 city of Tamarac al Na X Authorized Signature Date Signed X M;eh!T& l C C- -nu � Print Signer's Name C;lk ,MsMc t. Print S ner's Title 4-9-103 9ssa Federal Tax ID Number Lanow SLG1005 09012015 Page 1 of 1 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 f35 Lenovo ThinkPad Onelink+Dock Product Address 10101 State St. Tamarac FL 33321 101 11 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 Authorized Signature Print Name Print Title Date Signed Less a Signa e Y1 Authorize Signature Print Signer's Name / Title Date Signed V/ Financial Services Master State & Local Government Lease Agreement Addendum (Florida) CUSTOMER Lessee Name INFORMATION City of Tamarac Billing Street Address/City/State/Zip 7525 NW 88' Avenue, Tamarac, FL 33321 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 Regardles y Kuthorized Signature Print Name & Title Date Master Lease # 1028812 Schedule to Master Lease #1396364 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) sucient funds are ffi 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 Services Authorized Signature Print Name & Title Date 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: (Authorized Signature) C'. OWAI 1dK49�1 (Name and Title - printed or ty ed) Date: ; _ ) ( -F CERTIFICATE OF APPROPRIATIONS (State and Local Government Master Lease Agreement) 1, 16 6raec do hereby certify that I am the duly elected or appointed and acting �'�,-% �rK��. 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 S 20/9V , 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 �A day of 01� Signature / ,41 ,e/ C. Cernc<li , L'riy �1ae�,lr 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. EgS PBLtSNEC • � _ �, SEAL �O �aT Qr GI R �1,u F1sa4ji Print Name & Title BILLING INFORMATION REQUEST FORM TO AGREEMENT # 1396364 Financial Services 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: STREET ADDRESS CITY. STATE. ZIP CODE BILLING CONTACT NAME: A.� 44lo - BILLING CONTACT EMAIL ADDRESS: BILLING CONTACT PHONE NUMBER: PURCHASE ORDER # (IF APPLICABLE): INVOICE PREFERENCE Ve . qs- y- jr9 2- 33,57 o 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 the email address provided above. 19 Please send my invoice via standard mail - I would like to receive my Invoice 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 em=iI ^r ctanH;=;rr-1 mail Hpr)Pncipnt upon vour selected preference). SIGNAT TITLE: e 4 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 us(5lenovofs 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/I Authorized Signature N-,k,dt e . ci ra,c 6C Type/Print Name & Titl Date PLEASE SEND ONE COPY OF THE COMPLETED FORM TO YOUR BROKER AND RETURN ONE COPY TO US. 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. 1396364 Customer Name: City of Tamarac Auth ized Title Date Eer ovo 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. Silfing address Pending order information Shipping address Date and time:24.01 .201 7 1 1 44:51 City of Tamarac City of Tamarac Quote number: 428021 3453 10101 State Street 101 Ol State Street TAMARAC FL 33321-6428 TAMARAC FL 33321-6428 Price Total QtY Part no. Description $ 162.00 $ 42,768.0 264 60F8MAR1 US ThinkVision T2424z 23.8-inch WVA LED Backlit LCD Monitor _ - - 31 60E3GAR1 US ThinkVision P27 27" Wide UHD IPS Monitor $ 485.00 $ 15,035.0 8 4ZFOM27813 Samsung WQHD 32-inch LED Monitor 532D85OT S 53- S 4,2 80-00 Subtotal $62,083.00 Shipping & S 0.00 Handling Taxes S 0.00 Total S 62,083.00 .__. - --- .. _ _._ is valid for thirty (30) days from the date of this offer and supersedes any previous This offer offers. Offers and specifications may be changed at any time without notice. Acceptance of this Lenovo may reject or cancel offer is subject to Lenovo's payment terms and availability of items. orders for pricing or other errors. We appreciate your interest in our products. Lenovo Sales KPIKE@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 State 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. Coped 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 specified 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 lt has good and marketable title to the goods delivered hereunder, (e) 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) 11 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 68th 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 commt be written uamcaetndnme t signed niios. This rbyaauthorized gse Order aentsochanged 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, Uponrequest 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 forth of aN records and reports shall be subject to the approval of the City'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 THE 119, FLORIDA STATUTES, 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 10 597-3505 CITYCLERK@TAMARAC.ORG CITY OF TAMARAC 7525 NW 88T" AVE TAMARAC, FL 33321-2401 (954)597-3570 I The City For Your We : 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•/Ifortns tams -ac.org/f/DirectDeposit, Bank Name Address (line 1) Address (line 2) State Zip Code City ACH Routing Number (Contact your bank to confirm 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) A-, —riff— nnfinp of the Citv of Tamarac's termination of the agreement. Please return this form along with a voided check (or deposit slip if savinqs account to City of Tamarac Attn: Accounts Payable 7525 NW 88' Avenue Tamarac, FI. 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 88T" AVE P.O. # TAMARAC, FL 33321-2401 200398 (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. # MUST Appear on ALL Invoices, Packages and Correspondence 12/21 /2016 0000032184 11 /22/2016 FOB" Net 30 ACCOUNT DESTINATION 00181005135215 ANNMARIE M CORBETT 1 20.001 EA LED Backlit LCD Monitor Quotation No: 541766215 2 4.001 EA UHD IPS Monitor 3 24.00 / EA 60F8MAR7 US THINKVISION T2424Z 23.8- 175.0000 3,500.00 INCH WVA 60E2GAR1 US THINKVISION X1 WIDE 27" 530.0000 2,120.00 WIDE 5WSOG14992 5YR PRODUCT EXCHANGE 40.0000 960.00 PRICING PER NASPO STATE OF FLORIDA ALT. CONTRACT # 43211500-WSCA-I5-ACS EXPIRING ON 03/31/2017 —FOR QUESTIONS CONCERNING THIS PURCHASE ORDER PLEASE CONTACT MARJORIE AT 954-597-3901" rtrtrtrtrtrtrtrt*rtrtrrtrt*,wrtrtrt►rwrtrtrtrrt►rt A PURCHASE ORDER NUMBER MUST BE INCLUDED ON EVERY PACKING SLIP AND/OR INVOICE. Page 3of4 CITY OF TAMARAC 7525 NW 88T" AVE TAMARAC, FL 33321-2401 1 (954) 597-3550 PURCHASE ORDER VENDOR NAME: LENOVO SHIP TO: VENDOR M 9831 VENDOR ADDRESS: 1009 THINK PLACE BUILDING 1, DESK 3P30 MORRISVILLE, NC 27560 VENDOR PHONE: (0) - VENDOR FAX: ( ) - P.O. # 200398 DATE 11 /28/2016 INFORMATION TECHNOLOGY INFORMATION TECHNOLOGY 10101 STATE ST TAMARAC, FL 33321-6428 P.O. # MUST Appear on ALL Invoices, Packages and Correspondence 12/21 /2016 1 0000032184 1 11 /22/2016 1 1 DESTINATION 00181005135215 I ANNMARIE M CORBETT 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 88T" AVENUE TAMARAC, FL 33321-2401 X �f Keith K. Glatz, CPPO, FCPM, FCPA Purchasing and Contracts Manager Page 4 of 4 Lenovo Financial Services Schedule to Master State & Local Govemment Lease Agreement This Schedule No. 1738966 (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 wads we, us, our and the lessor, mean Lenovo Financial Services. Product/Equipment Description Quantity Description Product/Equipment Address 12 LIND 120W 12 32 VOLT INPUT PWR 7525 NW 88th Avenue, Tamarac, FL 33321 12 PROTECTION PLUS WARRANTY LAPTO 7525 NW 88th Avenue, Tamarac, FL 33321 12 TOUGHBOOK CF-20 15-7Y57 1.2G 7525 NW 88th Avenue, 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 Market Value ❑ $1.00 Purchase Option ❑ Other Term and Lease Lease Payment $1 30. 74.34 (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: $0.00 (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. LESSOR: Lenovo Financial Services 10201 Centurion Parkway N. #100 Jacksonville, FL 32256 Authorized ature _ Date Signed .r t� __ _. Pri ed Name Pfint Lessee City of Tamarac Lessee Legal Name Lessee 'Doing Business As' Name 7525 NW 881h Avenue Billing Street Address Tamarac, FL 33321 Billing City, State, Zip Michael C. Cernech, City Manager, 954-597-3515 Billing Contact Name & 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 TILE 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 T'HE 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 -1'0 ENTER INTO THIS SCHEDULE RATHER THAN PURCHASE THE EQUIPMENT FOR THE 1.01-AL CASH PRLCE: 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 unenforceable, then, uponthe 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 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 Cry of Tamarat� Lessee Authori re ' Date •ed xSignecrt �e. C.. Print ner's Name f.}AG�T2— Print Signers Intte Federal Tax ID Number Lanovo SLG100S 09012015 Pape 1 of i Master State & Local Government Lease Agreement Addendum (Florida) Lessee Name Billing Street Address/City/State/Zip 7525 NW 88a' Avenue, Tamarac, FL 33321 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 wifl 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. I.f 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. Regardless of any other provisions of this Lease, no ad taxes are of Print Name & Title Date Master Lease # Schedule to Master Lease #1738966 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 ame & Title I CERTIFICATE OF APPROPRIATIONS (State and Local Government Master Lease Agreement) 01C*a0.crPVE 0 4 do hereby certify that I am the duly elected or appointed and acting i 7/ t\/AA;AC*7P_ 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) 1738966, between Lessee and Lenovo Financial Services as lessor ("Agreement"), for the fiscal year ending Sgi, 20 )'I , 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 day of _�20 — /ignature P1� 00, rint Name & Title C; tc J J11 uv--G-seV- 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. Sign-Vure Name & Title CERTIFICATION OF ESSENTIAL USE RE: Schedule to Master State&Local Government Lease Agreement#1738966,datedFebruary 2 2021 (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): Office applications Is the Equipment additional or new technology to the department, or does it constitute a continuation of your existing technology? Yes Our source of funds for payments due under the Agreement for the current fiscal year is FY2021 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: part of the proposed budget LESSEE: 't :-u• =, � — ii ( ,orized Signature) /� l/..(� a ( C�« y "051.v- {Name and Title-printed or ryp ) Date: _, --,,." 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 $187,632.94 Please insure the equipment, and issue a written endorsement naming Lenovo Financial Services ISAOA as Additional Insured and Loss PaM 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 s I l gnovofs. clam 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: U - Lessee/In ty ac By oriz d Signature - /Utr& gre r ype/Print Name & Title ` C Date PLEASE SEND ONE COPY OF THE COMPLETED FORM TO YOUR BROKER AND RETURN ONE COPY TO US. 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. 1738966 Customer Name: City of Tamarac EY('.I Financial Services ADDENDUM TO MASTER STATE & LOCAL GOVERNMENT LEASE AGREEMENT #1028812 AND ALL SCHEDULES TO MASTER STATE & LOCAL GOVERNMENT 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 Tamarac ('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) 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 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 of 2 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 all Schedules to Master State & Local Government on —March tam 2018 . Lenovo Financial Services By: > C �'.r a Title: Page 2 of 2