R18-0251
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
RESOLUTION NO. R18 -025
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO SIGN AN AGREEMENT WITH DELL
FINANCIAL SERVICES FOR THE LEASE/PURCHASE OF 60
PANASONIC CF -54 SEMI - RUGGEDIZED LAPTOPS FROM
INSIGHT PUBLIC SECTOR IN THE AMOUNT OF $51,456.58
FOR EACH OF THE FIRST THREE YEARS FOR A TOTAL
COST OF $154,369.74; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the on November 7, 2017 the City Commission approved the
purchase of a new CAD /RMS SYSTEM FROM Spillman Technologies; and
WHEREAS, in order to run this new software effectively and efficiently, the
mobile devices currently utilized by Uniform Services in the Police Department will need
to be updated to include both Windows 10 Operating System and 64 -bit processors; and
WHEREAS, of all the laptops currently deployed to the 68 Uniform Services
personnel, only 10 laptops meet the optimal standards outlined by Spillman
Technologies and all other laptops currently deployed are running Windows 7 with 32 -bit
processors. Every single one of these laptops are well past end of life with some being
over 9 years old; and
WHEREAS, upon recommendation of staff, the City Commission does hereby
approve the City Manager sign the Lease Agreement with Dell Financial Services for the
lease /purchase of 60 Panasonic CF -54 Semi - Ruggedized Laptops from Insight Public
Sector, in the amount of $51,456.58 for each of the first three years and then a $1 buyout
at the end of the three (3) year lease term. Total cost of $154,369.74.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission hereby approves the approve the City
Manager sign the Lease Agreement with Dell Financial Services for the lease /purchase of
60 Panasonic CF -54 Semi - Ruggedized Laptops from Insight Public Sector, in the amount
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
of $51,456.58 for each of the first three years and then a $1 buyout at the end of the three
(3) year lease term for a total cost of $154,369.74, a copy of which is attached hereto as
Exhibit "A ".
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED this 6 th day of February, 2018.
CITY OF BOYNTON BEACH, FLORIDA
Mayor — Steven B. Grant
Vice Mayor — Justin Katz
Commissioner — Mack McCray
Commissioner — Christina L. Romelus
Commissioner — Joe Casello
VOTE
ATTEST:
Judit%A. Pyle, CMC
City // lerk
(City Seal)
YES NO
• ♦ I : I *. , 0 # -
ITA 4 :
11 n 11 1 oil 01.
111191illy-XII M
PIUM
IV] 41010 WA4;1 2XIORTMA WAI ki 11:1-110M R ME a
MITA
0 4M , I U01 — Nto nolt J;T
!1PIRIJ 1 11114 .
EMMIHRSMT�s=
The following sets forth the Rent and Purchase Price relating to this Schedule to the Agreement:
Section 2(a) of the Agreement and shall be Monthly in sequence for the duration of the Lease Term.
b. Purchose Price. The Purchase Price at any particular time for the Products listed In this Schedule shall be the amount set
forth for such time in the "Purchase Price" column of the Rent and Purchase Price Schedule set forth below. The Purchase Price is
in addition to all Rent then due under this Schedule (including the Rent shown on the same line In the Payment Schedule).
c. Payment Schedule. The Payment Schedule is as set forth below. Although a Purchase Price is shown for each Payment
Number, the Products listed in this Schedule mav be Durchased oil" J Ai
,EASE PURCHASE PROVISIONS
The following provsions shall apply with respect to this Schedule in addition to those provisions in the Agreement:
taxes. cit or Lessee and, ineretore, that the Products will be exempt from all sales, use and property
2. SECTION 6. PERFORMANCE BY LESSOR. For purposes of this Schedule, Section 6 is hereby amended in its entirety to read
as follows "Lessor shall have the right to accept or reject in Lessor's sole discretion any request by Lessee for the leasing of
Products under this Agreement. Each Schedule shall be binding upon Lessor and Lessee in accordance with the terms contained
herein. Lessor shall have no obligations with regard to any Schedule unless Lessee provides to Lessor the Doc
Q
Matte, Lease Schedule TELP FL Page
has not received such Documents or title to the Products prier to the Commencement Gate of the applicable Schedule, Lessor
may terminate its obligations hereunder, and reassign all rights and obligations with respect to the Products to Lessee without
recourse or warranty. Lessee shall thereafter promptly reimburse Lessor for all expenses and other amounts incurred by Lessor
with respect to such Products and transaction, plus interest from the date such amounts were disbursed by Lessor through the
date such amounts are reimbursed by Lessee at the Overdue Rate."
. SECTION 12. REPRESENTATIONS AND, WARRANTIES OF LESSEE.
For purposes of this Schedule, add paragraphs 0) through (t) as follows.
"(j) Lessee will comply with the information reporting requirements of Section 149(e) of the Code, Including but not limited to,
the execution (and delivery to Lessor) of information statements requested by Lessor;
(k) Lessee will not do, cause to be done or fail to do any act if such act or failure to act will cause this Agreement, or any
transaction hereunder, to be an Arbitrage Bond within the meaning of Section 148 of the Code or a Private Activity Bond within
the meaning of Section 141 of the Code;
(1) The total cost of the Products listed in this Schedule will not be less than the total Principal Portion of the Vent listed in this
Schedule;
(m) The Products listed in this Schedule have or will be ordered within six months of the date hereof in order to commence such
Schedule;
(n) The Products listed in this Schedule are expected to be delivered and installed, and the Seller fully paid, within one year from
the date hereof,
(o) No fund or account which secures or otherwise relates to the Rent has been established;
(p) Lessee will not sell, encumber or otherwise dispose of any property comprising this Schedule prior to the final maturity or
termination of such Schedule without a written opinion of nationally recognized bond counsel to the effect that any such
disposition will not adversely affect the exclusion of interest on the Rent from gross income for federal income tax purposes;
(q) Lessee agrees to execute, deliver and provide Lessor with satisfactory evidence of the filing of such documentation, as maybe
required for the purposes of properly reporting this Schedule, including, without limitation, IRS forms 8038 -0 or 8038-GC, as
required under the Code;
(r) It is expected that Rent under this Schedule will be paid from periodic appropriations of the Lessee, that such appropriations
will equal the Rent due during each Fiscal Period of Lessee, and that all amounts paid for Rent will be from an appropriation made
by the Lessee during the Fiscal Period in which such Rent is made;
(s) To the best of Lessee's knowledge, information and belief, the above expectations are reasonable; and
(t) Lessee will comply with all applicable provisions of the Code, including without limitation Sections 103,141 and 148 thereof,
and the applicable regulations of the Treasury Department to maintain the exclusion of the interest components of Rent from
gross income for purposes of federal income taxation. Without limiting the generality of the foregoing, Lessee shall acknowledge
any assignment of this Schedule in writing and complete an accurate record of all such assignments in a manner that complies
with Section 149(a) of the Code and the Treasury Regulations promulgated thereunder,"
4. SECTION 13. WARRANTY ASSIGNMENT; EXCLUSION OF 'WARRANTIES; LIMITATIONS ON LIABILITY; FINANCE LEASE.
For purposes of this Schedule, delete "FINANCE LEASE" in the title of this Section and delete the first and last sentences of
paragraph (d).
5. TITLE TO THE EQUIPMENT. If Lessee has not terminated the Lease in accordance with Section 4 of the Agreement and no
Event of Default has occurred and is continuing, then upon payment of all Rent and other amounts due under this Schedule and
the Agreement, at the end of the Lease Term, Lessee is entitled to Lessors interest in the Products "AS IS, WHERE IS," without any
warranty or representation by Lessor, express or implied, other than the absence of any liens by, through or under Lessor. Lessee
will deliver to Lessor documents reasonably requested by Lessor to give public notice of Lessor's interest in the Products.
Reference: 816-- 4094t64a062 Page 2 of 4
Master ease Schedule TELP FL
MY OF BOYNTON REACH, FLORIDA
1
111 11121 1 1
I
TAUMS11111 r: firEen notice 10 Lessor at least U47 The oafe OT purcriase, at trie tonowing Times ancs upon tne rollowing
r.erms:
(I) On the date of the last Rent payment set forth in this Schedule (assuming the Agreement is renewed at the end of the
Primary Term and each renewal term), if the Agreement is still in effect on such day, upon payment in full of the Rent payments
due on this Schedule and the payment of One (1) Dollar to Lessor, or
(ii) On the last day of the Primary Term or any renewal term then in effect, upon payment in full to Lessor of the Rent payments
then due on this Schedule plus the then applicable Purchase Price set forth on this Schedule; or
(Ili) Provided that no Event of Default exists, and no event has occurred and is continuing that with notice or the lapse of time,
�7 dVe fTTVF
the Purchase Price amount set forth opposite such date, and any other amounts then due Lessor under the Agreement with
respect to the Products.
Upon satisfaction by Lessee of such conditions, Lessee shall be entitled to Lessor's interest in the Products, AS IS, WHERE IS,
WITHOUT WARRANTY OR RECOURSE, EXPRESS, IMPL ED OR
*F DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT, other than the absence of
2ny liens by, through, or under Lessor.
7. COMPLETION OF SCHEDULE. Lessee hereby authorizes Lessor to insert the Commencement Date on this Schedule
determined pursuant to Section 2(a) of the Agreement and, where applicable (including on any Exhibit 'A hereto), the seri
numbers of the Products. Lessor and Lessee hereby ratify and confirm the Agreement, the terms and provisions of which a
sl 0
terms of the Agreement, the terms of this Schedule shall prevail.
If Lessee delivers this signed Schedule, any amendment or other document related to this Schedule or the Master Lease lea h
"Document" to Lessor b facsimile transmission and Lessor d
.0 61 too 0 a
ReferencetS10-9,W16"02 Page 3 of 4
Master Leas. khsdtae TFLP FL
CrrY OF BOYNTO '
> � w •t'F
IN WITNESS WHEREOF, Lessor and Lessee have caused this Schedule to be executed In their names by their duly authorized
representatives as of the date first above written.
Refeeente.810- 9664165 -O62 Pa 4 of
Master Lsase SehedweTE1;R €t
1111111111 Jill!
- - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - --
X v y V
E A A u
1; a d J j j j j j a y 0
9 4 9 -
%I
A A I I A 19. 1 i i i � i i i i i I i i 11 i I A I I III A A i i i i I I A A A A
d i Z; 6 6 6 4 'i sr «> m w 6
a: r " I r a � 0: r r r I r W r r w e W e r e � r I r e e a, t ce � � � r , � ff � � U! e r � le c c ce cz x 0 te (K� q� Lf
'I 'I
isHiHH I J I I I I I I I I
1 1 9
101 IM1111,111 I I I I I I I I I
r r
71 A A A A A a A 1% 1 1 %
I S 6 6 1 6 6 1 6 6 1, 6 6 6 6 6 6 6
Ml
o 0
HAM!
DOLL 1) Financial Service-�
City of Boynton Beach, Florida
Ir