R15-0161
2 RESOLUTION NO. R15 -016
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING THE AWARD OF RFP #068 -1510-
6 14 /JMA TO FORERUNNER TECHNOLOGIES, INC., OF
7 HUNTSVILLE, AL., FOR VOICE OVER INTERNET
8 PROTOCOL TELEPHONE SYSTEM; AUTHORIZING THE
9 CITY MANAGER TO SIGN A FIVE YEAR LEASE
10 AGREEMENTWITH NEC FINANCIAL SERVICES, LLC., IN
11 THE AMOUNT OF $5,892.32 PER MONTH; AND PROVIDING
12 AN EFFECTIVE DATE.
13
14 WHEREAS, on September 4, 2014, Procurement Services received and opened
15 fourteen (14) proposals to the RFP #068 - 1510 -14 /JMA for" Voice Over Internet Protocol
16,' (VoIP) Phone System", of which thirteen were deemed responsive to the RFP
17 specifications -and
18 ' WHEREAS, an evaluation committee reviewed the proposals and it was
19 determined that Forerunner Technologies, Inc., was the most responsive vendor to the
20 ! RFP; and
21 ' WHEREAS, the RFP requested that the cost of the phone system be financed over
22; a period of five (5) years,; to achieve this Forerunner has proposed and the City would like
23 to enter into a Municipal Lease and Option Agreement with NEC Financial Services,
2 4 1 LLC., of Saddle Brook, New Jersey for a term of 60 months with a monthly lease payment
2511 of $5,892.32; and
;I
26 WHEREAS, upon recommendation of staff, the City Commission does hereby
27 i approve the award of RFP #068 - 1510 -14 /JMA for "Voice over Internet Protocol
28; 1 Telephone System" to Forerunner Technologies, Inc., and authorize the City Manager to
29; 1 sign a five year Lease Agreement with NEC Financial Services, LLC., in the amount of
30 $5,892.32 monthly for a period of sixty (60) months.
1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
3 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
4 being true and correct and are hereby made a specific part of this Resolution upon adoption
5 ! hereof.
6 j Section 2. The City Commission of the City of Boynton Beach, Florida,
7 hereby approves the award of RFP #068 - 1510- 14 /JMA "Voice over Internet Protocol
8; Telephone System" to Forerunner Technologies, Inc. For the three years following the
9 lease end, the City will receive maintenance and support for the VoIP phone system from
101 Forerunner for $16,897 per year.
11 Section 3. The City Manager is hereby authorized and directed to sign a five
I
12 (5) year Municipal Lease and Option Agreement between the City of Boynton Beach and
1311 NEC Financial Services, LLC., for sixty (60) monthly payments of $5,892.32, a copy of
14
15
16
17
I which is attached hereto.
Section 4. That this Resolution shall become effective immediately.
{REMAINDER OF PAGE INTENTIONALLY LEFT BLANK}
1 ! i PASSED AND ADOPTED this 3 " day of February, 2015
2 �
CITY OF BOYNTON BEACH, FLORIDA
3
4;
YES NO
5i
61
Mayor — Jerry Taylor
7
81
Vice Mayor — Joe Casello
9
10j
Commissioner — David T. Merker
11
12 ! 1
Commissioner — Mack McCray
13s�
141
Commissioner — Michael M. Fitzpatrick
151''
161
1711
VOTE
5 -p
18j
191 ATTEST:
20�'
21
22 _
23 Ja t M. Prainito, MMC
24 tw Clerk
25
26
271
28
29
30
31
PROPOSAL.
PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA
Dade' 2a Q14
The undersgried declares that he has carek*y manned the vmyllications and is thorough
fmWier with its prvo ns and wdh the qua ft, type and grade of product and service requesIed
Proposer agref s to super the products and services at the prices proposed below in accordance
with the temp, condi ions, and apecilkabons containari in this RFP Akk OWI610 -14(A A. if
a *fitionai space is regWrafd, please provide de fallad irifornw6on as an apperidixc to your proposal
TOTAL MONTHLY LEASE AMOUNT FOR ED&YEAR9;
INCLUDING MAINTENANCE AND SUPPORT $602.32
Wddm Amount;
ForaNaar�raet0 #:
YMF G Yew? Ymar a
An=A Majn*narwe and Support for VfAP Phone System after
Lam End. $ 1 7 $ 4 7 4E9 ti f6al I.M
3 S'WA and Mairdenance proWams may he puarohnsed in 3 or 5 year increments at a
reduced rate flan the orm yew rate that is shown here.
PROVIDE A PROJECTED TEN YEAR TO COST OF OWNERSHIP` EXCLUDING PHONE CIRCUIT
Q4ARGES
tEl33,78'g_00
F o rerunner re es _ Cla Dreyer
COMPA W NAME PRWED tVWE
C 256 ) 562562 -4123 _ Ijg* , Vr & er
TELEPHONE NO SIGNATURE
Mark Dreyer Mark.Clre TE2fctincrnrn S ates Account Executive
E-kWL ADDRESS TITLE
46
1 , i fRTINC,COM
DATED:
LESSOR: NEC Financial Services, LLC t.t.�'ti`1 F
250 Pehle Avenue, Suite 704
Saddle Brook, NJ 07663
Lessor agrees to lease to Lessee and Lessee agrees to lease &orn lessor, the Equipmew, hereinafter described ( "Equipment in
accordance with the following terms and conditions of this Municipal Lease and Option Agreement ("Agreement") which shah be governed
by and construed in accordance with the laws of the state of the Equipment Location described below ( "State ")
DESCRIPTION OF EQUIPMENT
(1) NEC * * *, together with all accessories, additions and attachments thereto., replacements and substitutions tlmrfam and all proceeds
thereof; now owned or hereinafter acquired.
LOCATION OF EQUIPMENT
RENTAL PAYMENTS
Rental Payment Periods shall be monthly. Rental Payments shall be made in accordance with Section 6.02 and the Schedule of Rental
Payments attached hereto as Exhibit A. The maximum Lease Term of this Agreement is * * * years and * * * months. The first
payment will be due on
;ESSENTIAL USE CXRTIFICATIE
The equipment will be used by the Lessee for the fol'Tvvir-g governmental p rscee of'ele=nmunications.
2. The Equipment is essential for the functioning of the Lessee and is immediately needed by the Lessee. Such need is neither
temporary nor expected to diminish during the Lease Term The Equipment is expected to be used by the Lessee for a period in excess of
the Lease Term.
TERMS AND CONDITIONS
THE TERMS AND CONDITIONS OF TMS AGREEMENT SET FORTH ON THESE ***0* * *
PAGES SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE.
lNl WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be executed in their names by their duly aa:l•:crized
representatives as of the date written above.
(LESSOR) (LESSEE)
NEC 1Finaneial Serifiees, ILLC
Hy: g y.
Title:
(SEAL if applicable)
Title
ATTEST:
Title.
Page 1 of*
CERTIFICATE OF CLERK OR SECRETARY OF LESSEE
I, the undersigned, do hereby certify (i) that the officer of Lessee who executed the foregoing Agreement and all related
documents on behalf of Lessee and whose genuine signature appears thereon, is the duly qualified and acting officer of Lessee as stated
beneath his or her signature and has been authorized to execute the foregoing Agreement and all related documents on behalf of Lessee,
and (ii) that the budget year of Lessee is from to
By: —
Title:
OPINION OF COUNSEL
With respect to that certain Municipal Lease and Option Agreement (the "Agreement) dated ' * fi * by and between Lessor and the
Lessee, I am of the opinion that: (i) the Lessee is, within the meaning of Section 103 of the Internal Revenue Code of 1986, a State or fully
constituted political subdivision or agency of the State of the Equipment Location described above; (ii) the execution, delivery and
performance by the Lessee of the Agreement have been duly authorized by all necessary action on the part of Rho Lessee; and, (iii) the
Agreement constitutes a legal, valid and binding obligation of the Lessee enforoeable in accordance with its terns.
Printed Name: Dated:
Address: Signature:
Telephone No.:
ARTICLE 1
COVENANTS OF X -MER
Section 1.01. CgMgg of Lowe. Lessee represents covenants and warrants, for the benefit of Lessor and its assignees, as
follows:
(a) I.essee is a pubtic body, corporate and politic, duly organized and existing under the Constitution of the laws of the
State.
(b) Lessee will do or cause to be done ail things necessary to presetve and keep ir, full force and e5eet its existtnm as a
body corporate and politic.
(c) Lessee is authorized under the Constitution and laws of the State to enter into this Agreement and the transaction
contemplated hereby and to perform all of its obligations hereunder.
(d) Lessee has been duly authorized to execute and deliver this Agrxment by proper action and approval of its governing
body at a meeting duly called, regularly eotivened and attended throughout by a requisite majority of the members thereof or by other
appropriate official approval.
(e) During the term of this Agreement, the Equipment will be used by Lessee only for the purpose of performing one or
more governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee's authority and will not be used in a
trade or business of any person or entity other than Lessee.
(f) During the period this Agreement is in farce, Lessee will annually provide Lessor with current financial statements, budgets,
proof of appropriation for the ensuing fiscal year and such other financial information relating to the ability of Lessee to continue this
Agreement as may be reasonably requested by Lessor or its assignee.
(g) The Equipment will have a useful life in the hands of Lessee that is substantially in excess of the Lease Term
(h) The Equipment is, and during the period this Agreement is in force will remain, ,personal property and, whet subjected to use
by Lessee under this AgreemeM will not be or became fixtures.
(i) Lessee will comply vrt all applicable provisions of the Code, including without limitation Sections 103 and 148 thereoy and
the applicable regulations of the Treasury Department to maintain the exclusion of the interest components of Rental Payments from gross
income for purposes of federal income taxation. Lessee will submit to the Secretary of the Treasury an information reporting ,statement;
Form 8038G or 8038GC as applicable, at the time and in the form required by the Code and Regulations. In the event that Lessee should
fail to perform its obligations under this Section (i) and the interest component of any Lease Payment received by Lessor should be
determined to be includable in gross income of Lessor for federal income tax purposes, then Lessee shall pay to Lessor as additional rent
hereunder such amount as is necessary to return to Lessor an after -tax yield equal to Lessor's tax - exempt yield with respect to such Rental
Payment and to reimburse Lessor for all penalties, interest, costs, fees and administrative and other expenses (including reasonable legal
fees) incurred with respect thereto.
0) !initial if applicable ! Lessee hereby designates the Agreement as a "qualified tax - exempt
Pop 2 of
obligation" as defined in Section 26")(3)(B) of the Code The aggregate face amount of all tax-exempt obligations (excluding private
activity bonds other than qualified 501(c)(3) bonds) issued or to be issued by Lessee and all subordinate entities thereof during the
Issuance Year is not reasonably expected to exceed $10,000,000. Lessee and all subordinate entities thereof will not issue in exom of
$10,000,000 of qualified tax- exempt obligations (including the Agreement but excluding private activity bands other than qualified 501
(c)(3) bands) during the Issuance Year without first obtaining an opinion of nationally recognized counsel in the area of tax- exempt
municipal obligations acceptable to Lessor that the designation of the Agreement as a " qualified tax - exempt obligation" will not be
adversely affected.
(k) Upon request Lessee will, with reasonable promptness, provide ;lessor with oopies of Lessee's current year -end ad criarterly
financial statements (prepared in accordance with generally accepted accounting principles, consistently applied) in form and content
satisfactoy to Lessor
ARTICLS U
DEFIiTIONS
Section 2.01. Definklow6 Unless the content clearly otherwise requires or unless otherwise defined herein, the capitalized
terms in this Agreement shall have the respective meanings specified below.
"Agreement" means this Municipal Lease and Option Agreement with its Exhibits.
"Code" means the Internal Revenue Code of 1986, as amended, and to the extent applicable, the regulations and rulings issued
thereunder.
"Commencement Date" is the date when the term of this Agreement begins and Lessec's obligation to pay rent accrues, which date shall
be the date fast above written.
" Equipment" means the property described and which is the subject of this Agreement.
"Dmw Term" means the period beginning with the Commencement Date and continuing until terminated as outlined in Section 4.01.
"Purchase Price" metes the amount set forth and so titled wi+sch Lesse: m; pay to L t c the Equips er t as Winded wider
Section 11.01.
"Rental Payments" means the basic rental payments payable by Lessee pursuant to this Agreement.
"Vendor" means the mfr of the Equipment as well as the agents or dealers of the manufach=r.
ARTICLE III
LEASE OF EQUIPMENT
Section 3.01. Lease of Eauipment. Lessor hereby demises leases and lets to Lessee, and Lessee rents, leases and hires from
Lessor, the Equipment, in accordance with the provisions of this Agreement, to have and to hold for the Lease Term
ARTICLE IV
LEASE TERM
Section 4.01. Lease Term. This Agreement shall be in effect and shall ournmence as of the Commencement Date and will
remain in effect throughout the Lease Term. The Lease Term will terminate upon the first to occur of. (a) the exercise by Lessee of the
option to purchase the Equipment under Articles X or VI; (b) Lessor's election to terminate this Agreement upon a default under Article
X11; (c) the payment by Lessee of all sums required to be paid by Lessee hereunder; or (d) the occurrence of an Event of Nonappreimiatim
in accordance with Article VI, Section 6.05.
ARTICLE V
INJO'!'MENT OF EQUIPMENT
Section 5.01. Quiet Eaiovmeat. Lessor hereby agrees riot to interfere with Lessee's quiet use and enjoyment of the Equipment
so long as Lessee is not in default hereunder.
Section 5.02. Un of the Equipment Lessee will not install, use, operate or maintain the Equipment improperly, carelessly, in
violation of any applicable law or in a manner contrary to that contemplated by this Agreement.
Section 5.03. HL &t of Inspection During the Lease Term, the Lessor and its officers, employees and agents shall have the
right at all reasonable times during business hours to enter into and upon the property of the Lessee for the purpose of inspecting the
Equipment.
Section 5.04. DIKJWMer of Warranties. Lessor's warranties are contained in the agreement between $ + manutacturet) and
LESSOR'S ASSIGNEE (S) MAKES NO WARRANTY NOR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, AS TO
THE VALUE, DESIGN, CONDITION, MERCHANTABJIM OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF
THE EQUIPMENT, OR ANY OTHER WARRANTY WITH RESPECT IMERETO AND, AS 70 THE LESSOR'S ASSIGNEE (S), THE
LESSEE LEASES THE EQUINMENT "AS IS". In no event shall the Lessor's Assignees) be liable for any loss or damage, including
incidental, indirect, special or consequential damage, in connection with or arising out of this Agreement or the existence„ furnishing,
functioning or the Lessee's use of any items or products or services provided for in this Agreement.
Section 5.05. VaWk Warrantim Lessee may assert claims and rights that the Lessor may have against any Ver_dor of any
k'a®e 3 af' n
portion of the Equipment.
ARTICLE VI
RENTAL PAYMENTS
Section 6 01. Rental 11syments to Constitute a Curreat E:Dense of Lessen The obligation of the Lessee to pay Rental
Payments to Lessor due and owing during the current fiscal year of the Lessee under this Agreement is a current expense of the Lessee and
not a debt of the Lessee in contravention of any applicable limitations or requirements. Obligations becoming due and owing in subsequent
fiscal years of the lessee for the fiscal year during which they are incurred, but shall not be current expenses of the Lessee during the
current fiscal year in which this Agreement is executed Nothing contained herein shall constitute a pledge of the general tax revenues,
funds or moneys of the Lessee.
Section 6.02. Rental Psmenta Lessee shall pay Rental Payments from legally available funds, in lawful money of the United
States of America to Lessor, !n the amounts and on the payment dates set forth on the Payment Schrclule anwW. hereto as Exhibit A. If
we do not receive any Rental Payment or any other amount due fimn you when due, you agree to pay us a late charge equal to Twenty Five
Dollars ($25.00) or ten percent (10%) of the amount not paid on time for each nwntb payment is not mceeived by us, whichever amount is
higher. If we arc not legally permitted to charge this amount, you agree to pay us the maximum amount permitted by law.
Section 6.03. Rental Payments to be Unmdhip l The obligations of Lessee to make Rental Payments, and to perform and
observe the covenants and agreements contained herein, shall be absolute and unconditional in all events, including the discontinuance of
any gram moneys expected by Lessee, except as expressly provided under this Agreement, notwithstanding any dispute between Lessee
and Lessor, any Vendor or any other person. Lessee shall not assert any right of set-off or counterclaim against its obligation to make
payments under this Agreement.
Section 6.04. Continuatim of L &W 'D'erm by Lessee Lessee intends to do all things lawfully within its power to obtain and
maintain funds from which the Rental Payments may be made.
Section 6.05. Nwanuronriation. If (a) sufficient funds are not appropriated for Rm al Payments due in any fiscal yea: and (b)
the Lessee shall have at such time no funds duly authorized for the Rental. Payments or other amounts payable hereunder from other
sources, an Event of Nonapproprlation shall be deemed to have occurred The Lessee shall promptly deliver notice thereof to the Lessor.
Upon the occurrence of an Event of Nonapproprbatitm, the Lessee agrees that the Lessor may reclaim possession of the Equipment. Lessee
agrees peaceably to deliver the Equipment and title thereto to Lessor at a reasonable location specified by Lessor, all at Lessee's expense.
Section 6.06. NmukJlflLy If an Event of Nonappropriation occurs, the Lessen hereby agrees, to the extent permitted by law
and subject to applicable public policy, not to purchase, lease, or rent equipment performing functions similar to those performed by the
Equipment for the remainder of the then current fiscal year of the Lessee.
ARTICLE VII
TITLE TO EQUIPMENT; SECURITY INTEREST
Section 7.01. Title to the Eaulument During the term of this Agreement, title to the Equipment shall vest in Lessee, subject to
Lesson's rights upon an Event of Default or an Event of Nonapprapriatton.
Section 7.02. I8curity Interest As security for its obligations hereunder Lessee grants to Lessor a security interest constituting
a first lien on the Equipment and on all additions, attachments, accessions and substitutions thereto, and on any proceeds thete$cm. Lessee
will oxVcrate fully with Lessor (or any assignee of Lessor pursuant to Section 11.01) for the purpose of dying out the intent and
purposes hereof and to protect the interests of Lessor in the Equtpmemr this Lease and the sutras due and to become due under and in
connection with this Lease, including, without limitations, the execution of all Uniform Commercial Code financing statements requested by
Lessor. Lessor is hereby authorized, to the extent permitted by applicable law, to file one or more Uniform Commercial Code financing
statements, whether pnecaudonary or otherwise, as appropriate, disclosing Lessor's interest in the Equipment, this Lease, the sutras due
under and/or in connexion with this Lease and in any and all other collateral which secures Lessee's obligations to Lessor, without the
signature of Lessee or signed by Lessor as Attorney -in Fact for Lessee. Lessee bereby irrevocably appoints Lessor (and any of Lessor's
officers, employees or agents designated by Lessor) as Lessee's agent and Attorney -m- Fact, coupled with an interest, to do all things
necessary to canny out the intent of this paragraph, including, without limitation, the execution and filing of all Uniform Commercial Code
financing statements.
Section 7.03. Liens and Encumbrances to Title Lessee shall promptly discharge any liens placed on the Equipment other than
those created by Lessor.
ARTICLE VIII
MAIN' MANCE; MODIFICA TION; TAXES; INSURANCE AND 07HER CHARGES
Section 8.01. Mrintauance of Eauiomem by I.easee. Lessee will, at Lessee's own cost and expense, maintain, preserve and
keep the Equipment in good repair, working order and condition.
Section 8.02. TRIM 99M GOMBROW Cb&nM ggd UtLty Gimmes. In the event that the use, possession or acquisition
of the Equipment is found to be subject to taxation In any form (except for income taxes of Lessor), government charges or utility charges
and expenses, Lessee will pay all such taxes and charges as they come due. Lessee agrees to pay Lessor E d0erQnentati0:l fee of $100.00 to
Pbp4of"
cover Lessor's expense in processing this Lease and credit apphcation.
Section 8.03. Provisions RwAWina Insurance. At its own expense, Lessee shall maintain (a) casualty insurance insuring the
Equipment against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the
State and any other risks reasonably required by Lessor in an amount at least equal to the then applicable Purchase Price of the Equipment,
(b) liability insurance that protects Lessor from liability in all events in form and amount satisfactory to Lessor, and (e) workers'
compensation coverage as required by the laws of the State; provided that, with Lessor's prior written consent, Lessee may self - insure
against the risks described in clauses (a) and (b). All insurance proceeds fiom casualty losses shall be payable as hereinafter provided.
Lessee shall furnish to Lessor certificates evidencing such coverage throughout the Lease Term. All such casualty and liability insurance
shall be with insurers that are acceptable to Lessor; shall name Lessee and Lessor as insureds and shall contain a provision to the effect
that such insurance shall not be certceled or modified materially without first giving written notice thereof to Lessor at least thirty days in
advance of such cancellation or modification All such casualty insurance shall contain a provisior making any losses payable to Lessee
and Lessor, as their respective interests may appear.
Section 8.04. AdUVAll. In the event Lessee shall fail to maintain the full insurance coverage required by this Agreement or
shall fail to keep the Equipment in good repair and operating condition, Lessor may (but shall be under no obligation) to purchase the
required policies of insurance and pay the prermurts on the same or may make such repairs or replacements as are necessary and provide
for payment thereof, and all amounts so advanced therefor by Lessor shall be repaid to Lessor, together with interest thereon at the rate
specified hereafter.
Section 8.05. Modifications Without the prior written consent of the Lessor, the Lessee shall not make any material
alterations, modifications or attachments to the Equipment
ARTICLE 2X
DAMAGE, DES'ii'RUcCTION AND CONDEMNAI'ICN9 USE OP NET PROOK EDS
Section 4.01. Danam Dastrugtloa and CoadagUli ft . If (a) the Equipment or any portion thereof is destroyed (in whole or
in part) or is damaged by fire or other casualty or (b) title to. or the temporary use of the Equipment or any part thereof is taken under the
exercise of the power of eminent domain, Lessee and Lessor will cause the Net Proceeds of any insumu= claim or condemnation award to
be applied either to the prompt repair, restoration, modification or replacement of the Equipment or, at Lessee's option, to the paymew in
full of the Purchase Price. Any balance of the Net Proceeds remaining after such wank nr purchase has been cr Viezed shall be paid to
Lessee.
For purposes of Article VIII, Section 8.03, and this Article IX, the term "Net Proceeds" shall neon the smourtt remaining f3trm
the gross proceeds of any insurance claim or condemnation award after deducting all expenses (including aftomey's fees) incurred In the
collection of such claims or award
Section 4.02. lasutfidwev of Net Proceeds If the Net Proceeds are insufficient to pay in full the cost of any repair,
restoration, modification or replacetrent, Lessee, in their sole opinion, shall either (a) complete the weir and pay any cost in excess of the
amount of Net Proceeds, or (b) Lessee shall pay to Lessor the Purchase Price. The amount of the Net Proceeds in excess of the then
applicable Purchase Price, if any, may be retained by lessee.
ARTICLSS X
OP71ON TO PURCHASE
Section 10.01. Purchase Risht& Lessee shall be entitled to purchase the Equipment:
(a) Upon payment in full of all Rental Payments due hereunder and all other amcrnts due aere?_rder; or
(b) Provided there is no Event of Default hereunder and upon written notice delivered at leas? 30 days in advance, Lessee may
pursbase the Equipment. on any rental payment date by paying to Lessor the Pen& Payment then due, together with the applicable
Purchase Price along with all other amounts then due hereunder.
ARTICLE XI
ASSIGNMENT, SUBLEASING, INDEMKWICATION, MORTGAGING AND SELLING
Section l 1.01. Aubmatent or SWe by Lessor
(a) This Agreement, and the obligations of Lessee to make payments hereunder, may be sold, assigned or otherwise disposed of
in whole or in part to one or more successors, grantors, holders, assignees or subessignees by Lessor. Upon any sale, disposition,
assignment or reassignment, Lessee shall be provided with a notice of said assignment. during the term of this Agreement, Lessee shall
each keep a complete and accurate register of all such assignments in form necessary to comply with Section 149(a) of the Code.
(b) Lessee agrees to make all payments to the assignee designated in the assignment, notwithstanding any claim, defense, setoff
or counterclaim whatsoever (except arising fiom Lessor`s breach of this Agreement) that Lessee may faun time to time have against Lessor
or Vendor. Lessee agrees to execute all documents, including notices of assignment and chattel mortgages or financing statements, which
may be reasonably requested by Lessor or assignee to protect its interests in the Equipment and in this Agreement.
(c) Lessee hereby agrees that Lessor may sell or offer to sell this Agreement (i) through a certificate of participation program,
.%v5of «
whereby two or more interests are created in the Agreement, the Equipment or the Rental Payments; or (ii) with other similar instruments,
agreements and obligations through a pool, trust, limited partnership, or other entity.
Section 1 1.02. No Sale. Assigeument or SaWtpjU by I.estee. This Agreement and the interest of Lessee in the Equipment
may not be sold, assigned or encumbered by Lessee without the prior written consent of Lessor.
Section 11.03. Relem and Indgppjfication Covens- ta To the extent permitted by the laws and Constitution of the State of
as they exist on the date of the execution of this Agreement, Lessee shall protect, hold harmless and indemnify Lessor from and
against any and all liability, obligations, losses, claims, and damages whatsoever, caused by or resulting from the acts or omissions of the
Lessee, its agents, employees and representatives pursuant to this Agreement. Lessor shall protect, hold harmless and indemnify Lessee
from and against any and ail liability, obligations, losses, claims and damages whatsoever, caused by or resulting from the acts or
omissions of the Lessor, its agents, employees and representatives pursuant to this Agreement The indemnification arising under this
paragzaph shall survive the terminatioa of this Agreement.
ARTICLE X11
EVENTS OF DEFAULT AND REMEDIES
Section 12.01. &1" of &AW . The following constitute "Events of Drfault" under this Agreement:
ua) Failure by the Lessee to pay any Rental Payment or other payment required to be paid hereunder when d,ne; or
(b) Failure by the Lessee to maintain insurance or the Equipment in accordance with Article VIII Section 8.03 hereof; or
(c) Failure by the Lessee to observe and perform any other covenant, condition or agreement on its part to be observed or
performed for a period of 30 days after written notice is given to the Lessee by the Lessor, specifying such failure and requesting that it be
remedied; provided, however, that if the failure stated in such notice cannot be corrected within such 30-day period, the Lessor will not
unreasonably withhold its consent to an extension of such time if corrective action is instituted by the Lessee within the applicable period
and diligently pursued until the default is corrected: or
(d) Initiation by the Lessee of a proceeding under any federal or state bankruptcy or insolvency law seeking relief under such
laws concerning its indebtedness.
,be foregoing provisions of this Section are subject to the provisions of Article VI, Section 6.05, hereof.
Section 12.02. Remedies On Default. Whenever any Event of Default shall have owur ed and be continuing, the Lessor shall
have the right, at its sole option without any further demand or nodce, to take any one or any combination of the following remedial steps:
(a) Terminate this Agreement and retake possession of the Equipment wherever sittwed, and sell or lease, sublease or make
other disposition of the Equipment for use aver a term in a commercially reasonable manner, all for the acco= of Losw,, provided that
Lessee dell remain directly liable for the amount actually appropriated for the purchase or rental of the Equipment and wgmd by Lessee
during the .urrent fiscal. year.
Lessor shall apply the sale proceeds in the following, rnumer:
FIRSTLY, to pay all proper and reasonable costs and expenses associated with the recovery, repair, storage and sale of the
Equipment, including reasonable attorneys' fees and expenses;
SECONDLY, to pay the Lessor (i) the amount of all unpaid Rental Payments, if any, which art then due and owing, together with
interest and late charges thereon, (ii) the then applicable Purchase Price (taking into account the payment of past due Rental Payments as
aforesaid), plus a pro rata allocation of interest, at the rate utilized to establish the interest component for the Rental Payment next due,
from the next preceding due date of a Rental Payment until the date of payment by the buyer, and ( iii) any other amounts due hereunder;
TFIIRDLY, to pay the remainder of the sale proceeds purchase moneys or other amounts paid by a buyer of the Equipment, to the
Lessee.
(b) Proceed by appropriate court action to enforce performance by tt a Lessee of the applicable covenants of this Agreement or to
recover for the breach thereof or
(c) Use or retake such portion of the Equipment as the Lessor, in its soie discretion, may decide.
All of the Lessee's right, title and interest in any Equipment the possession of which is retaken by the Lessor upon the occurrence
of an Event of Default or Event of Nonappropriation shall terminate immediately upon such repossession.
Section 12.03. Reftm. of Eauiomern. Upon an Event of Default, Lessee agrees to allow Lessor to recover the Equipment at
Lessee's sole cost and expense, in accordance with Article VL Section 6.05
Section 12.04. No Remedv E&IDW e . No rmnedy herein inferred upon or reserved to the Lessor is intended to be exclusive
and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter
existing at law or in equity.
Section 12.05. .Force Maieure If by reason of fix= WWcure Lessee is unable in whole or in part to carry out its agreement on
its part herein contained, other than the obligations on the part of Lessee contained in Article VI and Article VIII Section 8.03 hereof,
Lessee shall not be deemed in default during the continuance of such inability. The term "force majeure" as used herein shall mean,
without limitation, the following: acts of God, strikes, lockouts or other industrial disturbances; act of public enemies, orders or restraints
of any kind of the government of the United States of America or the State or any of their departments, agencies or officials, or any civil or
military authority; insurrections; riots; landslides; earthquakes; fires; storms; droughts; floods; or explosions.
ARTICILE. XIII
MPSCELLANEOUS
Section 13.01. ]tip All notiocs, certificates or other cottrtteu ications hereunder shall be sufficiently given and shall be
deemed given when delivered or mailed by registered mail, postage p repaid, to the parties at the addresses set *Nth on the first page
hereof.
Section 13.02. AhVH�1jhsj- This Agreement shall inure to the benefit of and shall be binding upon Lessor and Lessee and
Page 6 of
their respective successors and assigns.
Section 13.03. SS,rabillltv, In the event any provision of this Agreement shall be held invalid or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.
Section 13.04. Amendments All amendments hereto must be in writing.
Section 13.05. Execution in Counterparts This Agreement may be executed in several counterparts.
Section 13.06. Aooticuble Law This Agreement shall be governed by and construed in accordance with the laws of the State
Section 13.07. C tai The captions or heading in the Agreement are for convenience only and no way define, limit or
describe the scope or intent of any provisions or sections of this Agreement.
Section 13.08. Endre Aarwment. This Agreement constitutes the entire agrecinem between lessor and lessee. No waiver,
consent, modification or change of terms of this Agreement shad bind either party unless in writing signed by both parties, and then such
waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. There are no
understandings, agreements, representations or warranties, exp -ess or implied, not specified herein regarding this Agreement or the
EgWpacat leased hereunder. Any terms and conditions of any purchase order or other document (with the exception of Supplements)
submitted by Lessee in connection with this Agreement which ae in addition to or inconsistent with the terms and conditions of this
Agreement will not be binding on Lessor and will not epply to this Agreement. Lessee by the signature on Page 1 of its authorized
representative acknowledges that it has read this Agreement understands it and agrees to be bound by its terms and conditions.
EXHIBIT A
SCHEDULE OF PAYMENTS
Prat Payment Princ4Wl Total Interest Principal
11 Do Bala E1110112 Poftn Portlan
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Forerunner Technologtes will provide a system In accordance with the details set forth on the proposed Contract and Customer Expectations page of this document
•
Forerunner Technologkts will ensure that all proposed equipment and software will be installed according to manufacturers documented Installation and operational procedures, with
manufacture's most current released versions provided.
■
The project Implementation will adhere to industry standards and procedures for proper installation, implementation and performance of proposed solution
•
Appropriate configurations will be provided for support end bltegratron with the existing customer Infrastructure. Forerunner Technologies will not be responsible for costs associated w itl
customers Manufacturer/VerAct support required.
•
A successful implementation for Voice over IP (VoIP) and supported desktop applications K contingent on the performance quality of the Customers network to support the demands of
voice traffic along with those of data requirements. Without a properly configured network, a VolP Implementation may not perform properly.
■
Any additional network audit, network assessment, network design, consulting, and/or training services not included in the proposal an be provided at an additional charge.
■
All expressed warranties shag be made available to the Customer for goods and services covered by this pn vosal.
•
All goods furnished shall be fully guaranteed against factory defects and workmanship
■
special condition of the proposal may supersede the manufacturers standard warranty
•
Forerunner Technologies shall correct any and all apparent and tatent defects that may occur within the manufacturers standard warranty period.
•
Customer Is responsible for any facility issues that may arise (Le. bad or incorrect cabling, not meeting cable plant, environmental or power specifications, lack of rack space, etc.) and will
correct any Issues as quickly as possible.
•
Customer is responsible for providing timely and accurate Information regarding their database for the setup of the new system including, but not incited to, exter starts, names, direct dial
rmmbers, cog routing Irdomatlon, and auto attendant scrips
•
Voice over IP (VOIPj deployments will be supported to meet industry standards. Any customer supplied equipment is required to meet the industry standards and deployed with adheraince
to Industry bat practices.
•
LAN or WAN must be provlsloned to support Cray (Quality of Service) for voice and application deployment Included In the proposal. Separate VLAN for voice and data traffic Is required,
for compliance with ndustry best practices.
i
The project implementation will require Customers staff support for required Installation on the Customers provided severs and Installation of client applica icn software to the
workstation computers; with the understanding they meet hardware spedRotioris provided In Product Suite Specifications document.
•
All 3rd Party hardware and software provided by Customer wig be assisted by Forerunner for Integration end will require the wilcitadon of customer and its vendor N required, but not
included in the proposal, to support the documented functionaffty stated In the vendor and Feranaaar provided spedfications
•
Customer is responsible for pcerformirg routine maintenance (backups, anti -vine and general routine server administration) consistent with Internal IT procedures
The contract may be modified by mutual consent of duly authorized parties, in writing, through the Issuance of a modification to the contract and/or purchase order, as appropriate. This
presumes the modification itself is in compliance with all applicable Forerunner and Customer procedures. Modifications may result in flanges to the project t Meine that are, generally,
proportional to the complexity of said modifications.
This Statement of Work (SOW) ouftes the hardware/software with responsibilities and deliverables for the services that Forerunner Technologies, INC will perform for you.
The terms and conditions of the Professional services Agr ass cism apply In full to the services and products provided under this Statement of Work
IN Wn'M SS WHEREOF, the parties hereto each acting with proper authority have executed this Statement of Work, under seal
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NEC
Hi Julie,
NEC Financial Services, LLC
250 Pahle Avenue, Suite 704
Saddle Brook, NJ 07663-5888
wwwneclease.Gorn
MUMT-MMU UnIcations
Platform (ICP) Telephone Systems.
Please review and sign. Return back to my attention.
Services
cite #704
'663-5806
451-6360
Dase.com I
February 12, 2015
CITY OF BOYNTON BEACH
100 EAST BOYNTON BEACH BLVD
BOYNTON BEACH, FL 33425
Dear John McNally:
NEC Financial Services, LLC is pleased to inform you of the following credit approval with the terms and conditions
listed below. The terms and conditions
of this letter will expire sixty (60) days from the date of this letter.
Lessor:
NEC Financial Services, LLC
Lessee:
CITY OF BOYNTON BEACH
NEC Associate / Vendor (Supplier):
FORERUNNER TECHNOLOGIES, INC.
Equipment:
(3) MITEL 3300 IP COMMUNICATIONS PLATFORM (ICP)
TELEPHONE SYSTEMS including all additions, attachments and
accessories, substitutions and replacements thereof.
Equipment Cost:
$318,160.00
Lease Facility Amount:
$318,160.00
Lease Term:
60 Months (Maximum Term)
Lease Rate Factor:
0.018520
Rental Payment:
$5,892.32 (plus applicable taxes)
Payment Frequency:
Monthly in arrears
End of Lease Option:
$1.00 OPTION
Material Adverse Change:
If there is a material adverse change in the financial or operating condition
of the Lessee following the date hereof and prior to the Acceptance Date,
Lessor shall have the right to terminate its commitment hereunder, in
which event nothing contained in this commitment shall modify or affect
any obligation of Lessee to purchase and pay for the Equipment. Lessee
shall immediately assume all liability under the Purchase Agreement(s)
and/or Sales Contract(s) or other agreement(s) between the Supplier and
Lessee and will reimburse NEC Financial Services, LLC for any amounts
previously paid or incurred with respect to the Equipment.
Rate Adjustment:
The above rates are indexed to current 3 Year U.S. Treasury Note yields
of 0.94%
In view of the extended takedown period for this lease, should the above yields
be higher 5 days prior to Lease Commencement date, the monthly payment will
be adjusted accordingly.
Equipment Location(s): 2080 HIGHPOINT RD FIRE STATION #5 BOYNTON BEACH FIL 33426
100 EAST BOYNTON BEACH BLVD CITY HALL-FIRESTATION # 1
BOYNTON BEACH FIL 33435
124 E. WOO D UTLILTIES ADMIN BOYNTON BEACH FIL
33435 444
I T ! 1 � � 1 � �
ZZ
Very truly yours,
VERONICA BROWN
By:
Title: City Manager
Date: March 9, 2015
February 12, 2015
NEC
February 12, 2015
hT
• 1-6, , IT =
100 East Boynton Beach Blvd.
Boynton Beach, FL 33425
Attn: John McNally
NEC Financial Services, LLC
250 Pehle Avenue, Suite 704
Saddle Brook, NJ 07663-5806
www.neclease.com
Re: Pending lease agreement for three (3) Mitel 3300 IP Communications Platform (ICP) telephone
systems to be installed at 2080 Highpoint Rd., Fire Station #5, Boynton Beach, FL 33426, 100 East Boynt
Beach Blvd., City Hall & Firestation #1, Boynton Beach, FIL 33435, 124 E. Woolbri�d Rd., Utilities Admin,
Boynton Beach, FIL 33435 6(4 r I
PUK307i . 10 rdVAlk"Ays-en-11) ' % =1
?s a vendor on your accounting system to process the advance rental check payment and/or future
payments due under the pending lease agreement.
If anv, of the_:zL%&kwqy
Mhks�
Purchase Agreement(s) and/or Sales Contracts(s) or other agreement(s) between the supplier and CoBB,
and CoBB agrees to purchase and pay for the above referenced equipment.
Sincerely,
NEC Financial Services
Veronica Brown-Andrews, Contract Administratl
Agreed to and accepted:
City of Boynton Beach
By:
_ o �
DATED: February 12, 2015
LESSOR: NEC FINANCIAL SERVICES, LLC
250 Pehle Avenue, Suite 704
SADDLE BROOK, NJ 07663-5806
LESSEE: CITY • BOYNTON BEACH
100 EAST BOYNTON BEACH BLVD
BOYNTON BEACH, FL 33425
Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor, the Equipment hereinafter described ( "Equipment") in
accordance with the following terms and conditions of this Municipal Lease and Option Agreement ("Agreement") which shall be governed by
and construed in accordance with the laws of the state of the Equipment Location described below ("State").
(3) MITEL 3300 IP COMMUNICATIONS PLATFORM (ICP) TELEPHONE SYSTEMS as described in the annaexed Schedule A attached
hereto and made a part hereof. together with all accessories, additions and attachments thereto, replacements and substitutions therefore and
all proceeds thereof, now owned or hereinafter acquired.
MIN
2080 Highpoint Rd Boynton Beach FL 33426
100 East Boynton Beach Blvd City Hall & Firestation # I Boynton Beach FL 33435
124 E. Woolbr06Rd UtIilties Admin Boynton Beach FL 33435
RENTAL PAYMENTS
Rental Payment Periods shall be monthly. Rental Payments she be made in accordance with Section 6.02 and the Schedule of Rental Payments
attached hereto as Exhibit A. The maximum Lease Term of this Agreement is 60 months. The first payment will be due on April 1, 2015.
ESSENTIAL USE CERTIFICATE
The Equipment will be used by the Lessee for the following governmental purpose of telecommunications.
2. The Equipment is essential for the functioning of the Lessee and is immediately needed by the Lessee. Such need is neither temporary
nor expected to diminish during the Lease Term. The Equipment is expected to be used by the Lessee for a period in excess of the Lease Term.
THE TERMS AND CONDITIONS OF THIS AGREEMENT SET FORTH ON THESE 6
PAGES SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE.
IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be executed in their names by their duly authorized
representatives as of the date written above.
(LESSEE)
Pagel of
(SEAL if applicable)
With respect to that certain Municipal Lease and Option Agreement (the "Agreement") dated February 12, 2015 by and between Lessor and the
Lessee, I am of the opinion that: (i) the Lessee is, within the meaning of Section 103 of the Internal Revenue Code of 1986, a State or fully
constituted political subdivision or agency of the State of the Equipment Location described above; (H) the execution, delivery and performance
by the Lessee of the Agreement have been duly authorized by all necessary action on the part of the Lessee; and, (iii) the Agreement constitutes a
legal, valid and binding obligation of the Lessee enforceable in accordance with its terms.
Printed Name:
Address:
Signature:
Telephone No.:
I �11 J. I �-�
MUTA DIUVWI MIJ V 11 4;M DI 01
(k) Upon request Lessee will, with. reasonable promptness, provide Lessor with copies of Lessee's current year-end and
quarterly financial statements (prepared in accordance with generally accepted accounting principles, consistently applied) in form and content
satisfactory to Lessor.
Page 2 of 6
CERTIFICATE OF CLERK OR SECRETARY OF LESSEE
I, the undersigned, do hereby certify (i) that the officer of Lessee who executed the foregoing Agreement and all related documents on
behalf of Lessee and whose genuine signature appears thereon, is the duly qualified and acting officer of Lessee as stated beneath his or her
signature and has been authorized to execute the foregoing Ateeement and all related documents on behalf of Lessee, and (ii) that the budget year
of Lessee is from Oc °. i s fti ® q to r+. C a . o -
Dated: d b_3 °12 ®T° ' o
�_ BY �-� . �..F� �,t _ � � ,,�
T b � _
OPINION OF COUNSEL
With respect to that certain Municipal Lease and Option Agreement (the "Agreement") dated February 12, 2015 by and between Lessor and the
Lessee, I am of the opinion that (i) the Lessee is, within the meaning of Section 103 of the Internal Revenue Code of 1986, a State or fully
constituted political subdivision or agency of the State of the Equipment Location described above; (ii) the execution, delivery and performance
by the Lessee of the Agreement have been duly authorized by all necessary action on the part of the Lessee; and, (iii) the Agreement constitutes a
legal, valid and binding obligation of the Lessee enforceable in accordance with its terms.
Printed Name: .Tamp eha rnf, (ftyAAttorney Dom: March17, 15
Address: City of Boynton Beach Signature: / it
100 E. Boynton Beach Blvd.
TelephoneNo.: (561) 742 -6053
ARTICLE I
C a VENANTS OF LESSEE
Section 1.01. Covenants of Lessee. Lessee represents covenants and warrants, for the benefit of Lessor and its assignees, as follows:
(a) Lessee is a public body, corporate and politic, duly organized and existing under the Constitution of the laws of the State.
(b) Lessee will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a body
corporate and politic.
(c) Lessee is authorized under the Constitution and laws of the State to enter into this Agreement and the transaction
contemplated hereby and to perform all of its obligations hereunder.
(d) Lessee has been duly authorized to execute and deliver this Agreement by proper action and approval of its governing body
at a meeting duly called, regularly convened and attended throughout by a requisite majority of the members thereof or by other appropriate
official approval.
(e) During the term of this Agreement, the Equipment will be used by Lessee only for the purpose of performing one or more
governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee's authority and will not be used in a "trade or
business of any person or entity other than Lessee.
(t) During the period this Agreement is in force, Lessee will annually provide Lessor with current financial statements, budgets, proof
of appropriation for the ensuing fiscal year and such other financial information relating to the ability of Lessee to continue this Agreement as
may be reasonably requested by Lessor or its assignee.
(g) The Equipment will have a useful life in the hands of Lessee that is substantially in excess of the Lease Term.
(h) The Equipment is, and during the period this Agreement is in force will remain, personal property and, when subjected to use by
Lessee under this Agreement, will not be or become fixtures.
(i) Lessee will comply with all applicable provisions of the Code, including without limitation Sections 103 and 148 thereof, and the
applicable regulations of the Treasury Department to maintain the exclusion of the interest components of Rental Payments from gross income
for purposes of federal income taxation. Lessee will submit to the Secretary of the Treasury an information reporting statement, Form 8038G or
80380C as applicable, at the time and in the form required by the Code and Regulations. In the event that Lessee should fail to perform its
obligations under this Section (i) and the interest component of any Lease Payment received by Lessor should be determined to be includable in
gross income of Lessor for federal income tax purposes, then Lessee shall pay to Lessor as additional rent hereunder such amount as is necessary
to return to Lessor an after -tax yield equal to Lessor's tax - exempt yield with respect to such Rental Payment and to reimburse Lessor for all
penalties, interest, costs, fees and administrative and other expenses (including reasonable legal fees) incurred with respect thereto.
6) /Initial if applicable / Lessee hereby designates the Agreement as a "qualified tax- exempt
obligation" as defined in Section 265(b)(3)(B) of the Code. The aggregate face amount of all tax- exempt obligations (excluding private activity
bonds other than qualified 501(c)(3) bonds) issued or to be issued by Lessee and all subordinate entities thereof during the Issuance Year is not
reasonably expected to exceed $10,000,000. Lessee and all subordinate entities thereof will not issue in excess of $10,000,000 of qualified tax-
exempt obligations (including the Agreement but excluding private activity bonds other than qualified 501 (c)(3) bonds) during the Issuance
Year without fast obtaining an opinion of nationally recognized counsel in the area of tax- exempt municipal obligations acceptable to Lessor that
the designation of the Agreement as a "qualified tax- exempt obligation" will not be adversely affected.
(k) Upon request Lessee will, with. reasonable promptness, provide Lessor with copies of Lessee's current year -end and
quarterly financial statements (prepared in accordance with generally accepted accounting principles, consistently applied) in form and content
satisfactory to Lessor.'
6
Page 2of6
PROW
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I Z
11"WMMUND19 I k
Section 3.01. Lease of Eguipment. Lessor hereby demises leases and lets to Lessee, and Lessee rents, leases and hires from Lessor,
the Equipment in accordance with the provisions of this Agreement, to have and to hold for the Lease Term.
W r
1 , 11 1 18,
I R WWJ M
Section 4.01. Lease Term. This Agreement shall be in effect and shall commence as of the Commencement Date and will remain in
effect throughout the Lease Term. The Lease Term will terminate upon the first to occur of (a) the exercise by Lessee of the option to purchase
the Equipment under Articles X or VI; (b) Lessor's election to terminate this Agreement upon a default under Article XII; (c) the payment by
Lessee of all sums required to be paid by Lessee hereunder, or (d) the occurrence of an Event of Nonappropriation in accordance with Article VI,
Section 6.05.
ARTICLE VI
RENTAL PAYMENTS
Section 6.03. Rental Payments to be Unconditional. The obligations of Lessee to make Rental Payments, and to perform and
observe the covenants and agreements contained herein, shall be absolute and unconditional in all events, including the discontinuance of any
grant moneys expected by Lessee, except as expressly provided under this Agreement, notwithstanding any dispute between Lessee and Lessor,
any Vendor or any other person. Lessee shall not assert any right of set-off or counterclaim against its obligation to make payments under this
Page 3 of 6 ip
ARTICLE VII
Section 7.01. Title to the Equipment. During the term of this Agreement title to the Equipment shall vest in Lessee, subject to
Lessor's rights upon an Event of Default or an Event of Nonappropriation.
Section 7.02. Securitv Interest. As security for its obligations hereunder Lessee grants to Lessor a security interest constituting a first
lien on the Equipment and on all additions, attachments, accessions and substitutions thereto, and on any proceeds therefrom. Lessee will
cooperate fully with Lessor (or any assignee of Lessor pursuant to Section 11.01) for the purpose of carrying out the intent and purposes hereof
and to protect the interests of Lessor in the Equipment, this Lease and the sums due and to become due under and in connection with this Lease,
including, without limitation, the execution of all Uniform Commercial Code financing statements requested by Lessor. Lessor is hereby
authorized, to the extent permitted by applicable law, to file one or more Uniform Commercial Code financing statements, whether precautionary
or otherwise, as appropriate, disclosing Lessor's interest in the Equipment, this Lease, the sums due under and/or in connection with this Lease
and in any and all other collateral which secures Lessee's obligations to Lessor, without the signature of Lessee or signed by Lessor as Attorney-
in Fact for Lessee. Lessee hereby irrevocably appoints Lessor (and any of Lessor's officers, employees or agents designated by Lessor) as
Lessee's agent and Attorney-in-Fact, coupled with an interest, to do all things necessary to carry out the intent of this paragraph, including,
without limitation, the execution and filing of all Uniform Commercial Code financing statements.
Section 7.03. Liens and Encumbrances to Title. Lessee shall promptly discharge any liens placed on the Equipment other than those
created by Lessor.
ARTICLE VIH
Section 8.01. Maintenance of Equipment by Lessee. Lessee will, at Lessee's own cost and expense, maintain, preserve and keep the
Equipment in good repair, working order and condition.
Section 8.02. Taxes, Other Governments[ Charges and Utility Charges. In the event that the use, possession or acquisition of the
Equipment is found to be subject to taxation in any form (except for income taxes of Lessor), government charges or utility charges and
expenses, Lessee will pay all such taxes and charges as they come due. Lessee agrees to pay Lessor a documentation fee of $100.00 to cover
Lessor's expense in processing this Lease and credit application.
Section 8.03. Provisions Regarding Insurance. At its own expense, Lessee shall maintain (a) casualty insurance insuring the
Equipment against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and
any other risks reasonably required by Lessor in an amount at least equal to the then applicable Purchase Price of the Equipment, (b) liability
insurance that protects Lessor from liability in all events in form and amount satisfactory to Lessor, and (c) workers' compensation coverage as
required by the laws of the State; provided that, with Lessor's prior written consent, Lessee may self-insure against the risks described in clauses
(a) and (b). All insurance proceeds from casualty losses shall be payable as hereinafter provided. Lessee shall furnish to Lessor certificates
evidencing such coverage throughout the Lease Term. All such casualty and liability insurance shall be with insurers that are acceptable to
Lessor, shall name Lessee and Lessor as insureds and shall contain a provision to the effect that such insurance shall not be canceled or modified
materially without first giving written notice thereof to Lessor at least thirty days in advance of such cancellation or modification. All such
casualty insurance shall contain a provision making any losses payable to Lessee and Lessor, as their respective interests may appear.
Section 8.04. Advances. In the event Lessee shall fail to maintain the full insurance coverage required by this Agreement or shall fail
to keep the Equipment in good repair and operating condition, Lessor may (but shall be under no obligation) to purchase the required policies of
insurance and pay the premiums on the same or may make such repairs or replacements as are necessary and provide for payment thereof and all
amounts so advanced therefor by Lessor shall be repaid to Lessor, together with interest thereon at the rate specified hereafter.
Section 8.05. Modifications. Without the prior written consent of the Lessor, the Lessee shall not make any material alterations,
modifications or attachments to the Equipment.
1 3
Section 9.01. Damage, Destruction and Condemnation. If (a) the Equipment or any portion thereof is destroyed (in whole or in
part) or is damaged by fire or other casualty or (b) title to, or the temporary use of the Equipment or any part thereof is taken under the exercise of
the power of eminent domain, Lessee and Lessor will cause the Net Proceeds of any insurance claim or condemnation award to be applied either
to the prompt repair, restoration, modification or replacement of the Equipment or, at Lessee's option, to the payment in full of the Purchase
Price. Any balance of the Net Proceeds remaining after such work or purchase has been completed shall be paid to Lessee.
For purposes of Article VIII, Section 8.03, and this Article IX, the term "Net Proceeds" shall mean the amount remaining from the
gross proceeds of any insurance claim or condemnation award after deducting all expenses (including attorney's fees) incurred in the collection of
such claims or award.
Section 9.02. Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration,
modification or replacement Lessee, in their sole opinion, shall either (a) complete the work and pay any cost in excess of the amount of Net
Proceeds, or (b) Lessee shall pay to Lessor the Purchase Price. The amount of the Net Proceeds in excess of the then applicable Purchase Price,
Page 4 of 6 4Z
if any, may be retained by Lessee.
1' 1 1 ' . i
Section 10.01. Purchase Rights Lessee shall be entitled to purchase the Equipment:
(a) Upon payment in full of all Rental Payments due hereunder and all other amounts due hereunder, or
(b) Provided there is no Event of Default hereunder and upon written notice delivered at least 30 days in advance, Lessee may purchase
the Equipment on any rental payment date by paying to Lessor the Rental Payment then due, together with the applicable Purchase Price along
with all other amounts then due hereunder.
ARTICLE X1
SU BLE4,S1 011
ARTICLE XII
Page 5 of 6
sole cost and expense, in accordance with Article VI, Section 6.05.
Section 12.04. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Lessor is intended to be exclusive and
every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at
law or in equity.
Section 12.05. Force Majeure If by reason of force rn�eure Lessee is unable in whole or in part to carry out its agreement on its part
herein contained, other than the obligations on the part of Lessee contained in Article VI and Article VIII Section 8.03 hereof, Lessee shall not be
deemed in default during the continuance of such inability. The term "force majeure" as used herein shall mean, without limitation, the
following: acts of God, strikes, lockouts or other industrial disturbances; act of public enemies, orders or restraints of any kind of the government
of the United States of America or the State or any of their departments, agencies or officials, or any civil or military authority; insurrections;
riots; landslides; earthquakes; fires; storms; droughts; floods; or explosions.
MAIN
101NAU113 , I
Page 6 of 6
Schedule
Page 1 of 5
Attached to and made a part of that certain Master Lease Agreement/Lease Agreement/Schedule A 001, dated
between CITY OF BOYNTON BEACH, Lessee and NEC Financial Services, LLC, as Lessor.
t, t., a' r tr�r r5v r i ce B Ines ofi rr
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.
Part
Description
dg
Src
Qty
MiVoice Business - Core
Hardware and Software
54005064
MiVoice Business License -IDS Connection
G2
IM
1
54005748
MiVoice Business Virtual for Enterprise
G2
M
1
MiVoice Business - Solution
Licenses
54002390
MiVoice Business License - SIP Trunk x1
G2
M
3
54005400
MiVoice Business SIP Trunks x10
G2
M
2
54006070
MiCollab Client presence for MiVB Consl
G2
M
2
Desktop Devices - IP Phones and Accessories
50006476
5330E IP PHONE
GD
IM
23
50006580
UC360 Collab Pt (Audio + In Room Collab)
GD
M
2
50006634
5320e IP Phone (Backlit)
GD
M
343
51005172
PWR CRD C7 2.5A 125V -NA PLUG NON POLRIZD
GD
IM
2
51011571
5304 IP PHONE
GD
M
57
51016170
LIVE CONTENT SUITE (5320/30/40/60)
G2
M
1
51301151
Gb 802.3at Pwr Adptr Unvrsl 90- 264Vdc C8
GD
M
2
52002842
MiVoice Business Console Bundle
G2
M
2
User Licenses
54006102
UCCv3 Premium User Enterprise x50
G2
IM
1
Each license includes:
MiVoice Business Multi - device User
Voice mailbox with Standard, Advanced UM
MiCollab Desktop /Softphone with Adv IM, Presen
Remote Teleworkin (deskphone and softphone)
MiCollab Audio/VideoANeb Conferencing User
MiCollab Mobile Client /oftphone w Dual -mode Hand -off
54006128
UCCv3 Entry User for Enterprise x1
G2
M
9
Includes:
UCC Basic User w simple twinning (2 dev)
Voice mailbox with Standard, Advanced UM
MiCollab DesktopiWeb Client with IM. Presence
54006129
UCCv3 Entry User Enterprise x50
G2
M
1
Each license includes:
UGC Basic User w simple twinning (2 dev)
Voice mailbox with Standard. Advanced UM
MiCollab DesktopANeb Client with IM, Presence
54006130
UCCv3 Entry User Enterprise x100
G2
M
3
Each license includes:
UCC Basic User w simple twinning (2 dev)
Voice mailbox with Standard, Advanced UM
MiCollab Desktop eb Client with IM, Presence
MiCollab, MiCollab Client
54004762
MiCollabNPUM Mailbox CallDir 3300 Userxl
G2
M
4
1 : 54001475 (EAMC) NPM IP - CALL DIR ADD USER (320)
1 : 54004053 54004053
54005442
MiCollab Virtual Appliance
G2
M
1
Includes:
MBG Base
UC Mobile Base
UC Base, NuPoint Base
17-4 UT-4711411111 IWO] =;Lo -- - - ,
Part Description dg Src Qty
MiContact Center Solutions
51300541 MICC EE Standard Starter Pack G2 M 1
51300552 MiContact Center EE Standard Agent x10 G2 M 2
51300597 MiContact Center EE License - Network G2 M 1
51300670 MiContact Center BE /EE Virtual G2 M 1
51303027 Business Reporter Extensions x500 G2 M 1
Software Assurance and Support
51300646 Stnd SNV Assurance - MiContact Center WG
MCD App Connection Lie (6)
54005610 M
MiCollab NPUM MiVBus Mailbox Licensesx10 G
G2 M
M 2
2
54005617 U
Upgd MiCollab AudNVeb MiVoice Bus Userxl G
G2 M
M 9
9
54006165 M
MiCb Client user for MiVBC operator G
G2 M
M 2
2
MiVoice Border Gateway
54004491 S
SIP 7RUNKING CHANNEL PROXY G
G2 M
M 2
23
54005339 M
MiVoice Border Gateway Virtual G
G2 M
M 1
1
Software Assurance and Support
54005219 S
Standard S/W Assur MBG SIP Connect W
WG M
M 1
115
54005220 S
Standard SM Assurance MBG Base W
WG M
M 5
5
54005222 S
Stnd SNV Assurance MiCollab Base W
WG M
M 5
5
54005223 S
Stnd S/W Assurance MiCollab UM Mailbox W
WG M
M 1
120
54005229 S
Stnd S/W Assur MiCollab AWV Audio Port W
WG M
M 4
45
54005230 S
Stnd SNV Assur MiCollab AWV Web Port W
WG M
M 4
45
54005755 S
Stnd S/W Assur MiVoice Bus Virtual Base W
WG M
M 5
5
54005992 S
Stnd SNV Assurance UCCv2 Entry W
WG M
M 1
1,795
54005994 S
Stnd SNV Assurance UCCv2 Prem W
WG M
M 2
250
54006058 S
Stnd S/VV Assur MiVoice Bus Console W
WG M
M 1
10
} ,
, . r. . �
ing. ?
, I
.w `
`
Schedule A
Page 3 of 5
Attached to and made a part of that certain Master Lease Agreement/Lease AgreementISchedule A 001. date;ffi�
I'M -- 1 • •
M
PWCR 40k
Part
Description
dg
Src Qty
MiVoice Business
- Core Hardware and Software
50005105
ASU 11
GI
M 1
50005731
24 port ONSp card
GI
M 2
50006269
3300 MXE III CONTROLLER
G1
M 1
50006271
PWR CRD C13 10 125V - NA Plug
GD
M 2
50006513
3300 MXe III Controller SATA HDD
M9
M 1
51003344
3300 IC P PATCH PANEL
G1
M 2
51300183
3300 AMBIAOB Connection Unit-America's
Mg
M 1
52002581
3300 MXe III Expansion Kit
G1
M 1
1 50001247 3300 - 128 CH. ECHO CANCELLOR ROHS5
1 50006432 Processor - MXe III Controller
54002701
MiVoice Business License - Analog Ext
G2
M 27
54004973
MiVoice Business Enterprise SNV for 3300
G2
M 1
1 :54000303 MiVoice Business License - Digital Link
1 :54000497 MiVoice Business XNET
1 54000540 MiVoice Business IP Networking
1 54000860 (AMC)3300 ADVANCED VOICEMAIL OPTION
1 :54001130 MCD VOICEMAIL NETWORKING
I : 54001490 MiVoice Business Tenanting
1 :54002949 MiVoice Business Remote Management
16: 54004975 MiVoice Bus License - Enterprise User
MiVoice Business - Solution Licenses
54005401
MiVolce Business SIP Trunks x50
G2
M 1
Desktop Devices -
IP Phones and Accessories
50006476
5330E IP PHONE
GD
M 16
50006580
UC360 Collab Pt (Audio + In Room Collab)
CID
M 3
50006634
5320e IP Phone (Backlit)
GD
M 130
51005172
PWR CRD C7 2.5A 125V-NA PLUG NON POLRIZD
GD
M 3
51011571
5304 IP PHONE
GD
M 5
51016170
LIVE CONTENT SUITE (5320/30/40/60)
G2
M 1
51301151
Gb 802.3at Pwr Adptr UnvrsI 90-264Vdc C8
GD
M 3
User Licenses
54004975
MiVoice Bus License - Enterprise User
G2
M 4
54006128
UCCv3 Entry User for Enterprise x1
G2
M 1
Includes:
UCC Basic User w simple twinning (2 dev)
Voice mailbox with Standard, Advanced UM
MiCollab Desktop/Web Client with IM, Presence
54006129
UCCv3 Entry User Enterprise x50
G2
M I
Each license includes:
UCC Basic User w simple twinning (2 dev)
Voice mailbox with Standard, Advanced UM
MiCollab DesktopA/Veb Client with IM, Presence
54006130
UCCv3 Entry User Enterprise x1
G2
M 1
Each license includes:
UCC Basic User w simple twinning (2 dev)
Voice mailbox with Standard, Advanced UM
MiCollab Desktop/Web Client with IM, Presence
MiVoice Border Gateway
54004491
SIP TRUNKING CHANNEL PROXY
G2
M 46
Software Assurance and Support
54005195
Stnd SNV Assur MiVoice Bus Base Usersx1 6
WG
M 5
54005196
Stnd SNV Assur MiVoice Business Analog
WG
M 135
54005197
Stnd SNVAssur MiVoice Business User
WG
M 20
54005219
Standard SM Assur MG SIP Connect
WG
M 230
54005992
Stnd SAM Assurance UCCv2 Entry
WG
M 755
Schedule A
Page 4 of 5
Attached to and made a part of that certain Master Lease A 9 reement/Lease A reement/Sch e4 001. date
-Mmalor.1110jr-11b i W
TV
&M
TA
4c,(
Part
Description
dg
Src
Qty
MiVoice Business -
Core Hardware and Software
50005105
ASU 11
G1
M
1
50005731
24 port ONSp card
G1
M
1
50006269
3300 ME III CONTROLLER
G1
M
1
50006271
PWR CRD C13 10A 125V - NA Plug
GD
M
2
50006513
3300 MXe III Controller SATA HDD
M9
M
1
51003344
3300 ICP PATCH PANEL
G1
M
1
51300183
3300 AMBJAOI3 Connection Unit-America's
M9
M
1
52002581
3300 MXe III Expansion Kit
G1
M
I
1 50001247 3300 - 128 CH. ECHO CANCELLOR ROHS5
1 50006432 Processor - MXe III Controller
54002701
MiVoice Business License - Analog Ext
G2
M
10
54004973
MiVoice Business Enterprise SM for 3300
G2
M
1
1 : 54000303 MiVoice Business License - Digital Link
1 :54000497 MiVoice Business XNET
1 : 54000540 MiVoice Business IP Networking
1 :54000860 (AMC)3300 ADVANCED VOICEMAIL OPTION
1 :54001130 MCD VOICEMAIL NETWORKING
1 : 54001490 MiVoice Business Tenanting
1 :54002949 MlVoice Business Remote Management
16: 54004976 MiVoice Bus License - Enterprise User
MiVoice Business - Solution Licenses
54002390
MiVoice Business License - SIP Trunk x1
G2
M
3
54005400
MiVoice Business SIP Trunks x10
G2
M
2
Desktop Devices - IP Phones and Accessories
50006476
5330E IP PHONE
GD
M
6
50006580
UG360 Collab Pt (Audio + In Room Collab)
GD
M
1
50006634
5320e IP Phone (Backlit)
GD
M
36
51005172
PWR CRD C7 2.5A 125V-NA PLUG NON POLRIZD
GD
M
1
51011571
5304 IP PHONE
GD
M
1
51016170
LIVE CONTENT SUITE (5320/30/40/60)
G2
M
1
51301151
Gb 802.3at Pwr Adptr UnvrsI 90-264Vdc C8
GD
M
1
User Licenses
54004975
MiVoice Bus License - Enterprise User
G2
M
1
54006129
UCCv3 Entry User Enterprise x50
G2
M
1
Each license includes:
UCC Basic User w simple twinning (2 dev)
Voice mailbox with Standard, Advanced UM
MiCollab DesktopANeb Client with IM, Presence
MiVoice Border Gateway
54004491
SIP TRUNKING CHANNEL PROXY
G2
M
23
Software Assurance
and Support
54005195
Stnd SNV Assur MiVoice Bus Base Usersxl 6
WG
M
5
54005196
Stnd SAM Assur MiVoice Business Analog
WG
M
50
54005197
Stnd SAN Assur MiVoice Business User
WG
M
5
54005219
Standard SNV Assur MBG SIP Connect
WG
M
115
54005992
Stnd SNV Assurance UCCv2 Entry
WG
M
250
SCHEDULE A
Page 5 of 5
together with all accessories, additions and attachments thereto, replacements and substitutions therefore and all
proceeds thereof, now owned or hereinafter acquired. Lessee has no power to sell or otherwise dispose of said
property.
LESSOR: NEC Financial Services, LLC
By:
Authorized Signature
,fig ra,� �rrr a c f rO z2r_ ""V &6 1
Title Date
LESSEE: CITY OF BOYNTON BEACH
By:
Authorized Signature
Lori LaVerriere, City Manager
Print Name and Title
b7_4 ■ I I V t
PMt Payment Principal Total Interest Principal Purchase
# aade Balance EWMW Eo-dion Portion Price
a
318,160.00
1
313,388.90
5,892.32
1,121.22
4,771.10
375,428.80
2
308,600.98
5,892.32
1,104.40
4,787.92
369,798.90
3
303,796.19
5,892.32
1,087.53
4,804.79
364,149.16
4
298,974.47
5,892.32
1,070.60
4,821.72
358,479.50
5
294,135.75
5,892.32
1,053.61
4,838.71
352,789.87
6
289,279.99
5,892.32
1,036.55
4,855.77
347,080.19
7
284,407.11
5,892.32
1,019.44
4,872.88
341,350.39
8
279,517.06
5,892.32
1,002.27
4,890.05
335,600.39
9
274,609.78
5,892.32
905.04
4,907.28
329,830.13
10
269,685.20
5,892.32
967.74
4,924.58
324,039.54
11
264,743.27
5,892.32
950.39
4,941.93
318,228.54
12
259,783.92
5,892.32
932.97
4,959.35
312,397.06
13
254,807.10
5,892.32
915.50
4.976.82
306,545.03
14
249,812.73
5,892.32
897.96
4,994.36
300,672.37
15
244,800.77
5,892.32
880.36
5,011.96
294,779.03
16
239,771.14
5,892.32
862.69
5,029.63
288,864.91
17
234,723.79
5.892.32
844.97
5,047.35
282,929.95
18
229,658.66
5,892.32
827.18
5,065.14
276,974.08
19
224,575.67
5,892.32
809.33
5,082.99
270,997.21
20
219,474.77
5,892.32
791.42
5,100.90
264,999.29
21
214,355.89
5,892.32
773.44
5,118.88
258,980.23
22
209,218.98
5,892.32
755.40
5,136.92
252,939.95
23
204,063.96
5,892.32
737.30
5,155.02
246,878.39
24
198,890.77
5,892.32
719.13
5,173.19
240,795.47
25
193,699.36
5,892.32
700.90
5,191.42
234,691.11
26
188,489.65
5,892.32
682.61
5.209.71
228.565.24
27
183,261.58
5,892.32
664.25
5,228.07
222,417.78
28
178,015.08
5,892.32
645.83
5,246.49
216,248.66
29
172,750.10
5,892.32
627.34
5,264.98
210,057.80
30
167,466.56
5,892.32
608.78
5,283.54
203,845.12
31
162,164.41
5,892.32
590.16
5,302.16
197,610.54
32
156,843.56
5,892.32
571.40
5,320.84
191,354.00
33
151,503.97
5,892.32
552.73
5,339.59
185,075.41
34
146,145.56
5,892.32
533.91
5,358.41
178,774.69
35
140,768.27
5,892.32
515.03
5,377.29
172,451.76
36
135,372.02
5,892.32
496.08
5,396.24
166,106.56
37
129,956.76
5,892.32
477.06
5,415.26
159,738.99
38
124,522.42
5,892.32
457.98
5,434.34
153,348.98
39
119,068.93
5,892.32
438.83
5,453.49
146,936.46
40
113,596.21
5,892.32
419.61
5,472.71
140,501.33
41
108,104.21
5,892.32
400.32
5,492.00
134,043.53
42
102,592.86
5,892.32
380.97
5,511.35
127,562.97
43
97,062.08
5,892.32
361.54
5,530.78
121,059.57
44
91,511.82
5,892.32
342.05
5,550.27
114,533.26
45
65,941.99
5,892.32
322.49
5,569.83
107,903.94
46
80,352.54
5,892.32
302.87
5,589.45
101,411.55
47
74,743.38
5,892.32
283.17
5,609.15
94,615.99
10-Min. V.
48
49
50
51
52
53
54
55
56
57
58
59
60
69,114.46
5,892.32
263.40
5,628.92
88,197.19
63,465.71
5,892.32
243.56
5,648.76
81,555.07
57,797.05
5,892.32
223.66
5,668.66
74,889.54
52,108.41
5,892.32
203.68
5,668.64
68,200.51
46,399.72
5,892.32
183.63
5,708.69
61,487.92
40,670.92
5,892.32
163.52
5,728.80
54,751.67
34,921.92
5,892.32
143.33
5,748.99
47,991.68
29,152.67
5,892.32
123.07
5,769.25
41,207.87
23,363.09
5,892.32
102.74
5,789.58
34,400.15
17,553.10
5,892.32
82.33
5.809.99
27,568.44
11,722.64
5,892.32
61.86
5,830.46
20,712.66
6,871.63
5,892.32
41.31
5,851.01
13,832.71
0.00
5,892.32
20.69
5,871.63
6,928.52
TOTAL
353,539.20
35,379.20
310,160.00
Lessee: City of Boynton Beach
By:
Date: March 9, 2015
ga."Opm,
Attached to and forming a part of a Master Lease Agreement between CITY OF BOYNTON BEACH , as Lessee,
and NEC FINANCIAL SERVICES, LLC, as Lessor.
Lessee hereby acknowledges that Lessor's obligation to fund this Lease expires on 04/13/2015 if Lessor is not in
receipt of all documents required by Lessor in form and substance satisfactory to Lessor, in Lessor's sole judgment
("Acceptable Documents").
Furthermore, Lessee acknowledges that the Rentals and Advance Rentals inserted on the Lease
Agreement/Master Lease Agreement/Schedule A 001 are based upon 3 year U.S. Treasury Notes. If during the five
(5) business days prior to the Lease Acceptance Date, the arithmetical average of the applicable Treasury Yield is
higher than the existing 0.94% rate, the Rentals and Advance Rentals will be increased to reflect such change.
Furthermore, Lessee acknowledges that if Lessor is funding an Equipment maintenance agreement for Lessee,
Lessee acknowledges and agrees that Lessor is not responsible for the quality of maintenance services. In the
event that Lessee has any disputes regarding maintenance services, Lessee agrees to continue making all
payments to Lessor as required by the Master Lease Agreement and will resolve all complaints or claims involving
maintenance with the maintenance provider.
All other terms and conditions of the Lease Agreement/Master Lease Agreement/Schedule A remain in full force
and effect.
LESSEE: CITY OF BOYNTON BEACH
By:
Authorized Signature
Lori LaVerriere, City Manager
Print Name Print Title
C Fjnancial Services
tl Avenue, Suite #704
400k ;.NJ 07663 -5806
36;7;,; :'. : Fax: 800 -451 -5360
v ww.necleasexom
• 1
TO: NEC Financial Services, LLC
250 Pehle Avenue, Suite 704
Saddle Brook, NJ 07663 -5806
Fax number: 800 - 451 -5360
We provide coverage to: Name of Insured (Lessee's name)
CITY OF BOYNTON BEACH
Address of Insured (Lessee's address)
100 EAST BOYN TON BEACH BLVD
BOYNTON BEACH, FL 33425
under the policies designated below. We understand that your requirements to the insured are (a) to maintain all risk insurance for the full replacement value of
the Equipment and (b) to maintain public liability insurance of not less than $1,000,000 per occurrence. NEC Financial Services, LLC, its successors and assigns
are named as Loss Payees and Additional Insured as their interests may appear with respect to equipment leased by NEC Financial Services, LLC to Insured.
Coverage
Carrier & Policy #
Expiration Date
Limits of Liability
B.I. (000)
P.D. (000)
AGG (000)
Comprehensive General
Liability
Personal Property
Equipment Leased
Description phone system / communications /telecommunication
(3) MITEL PHONE SYSTEMS
Coverage Amount
$ 318,160.00
These policies may be canceled at anytime by either Insurer or Named Insured for its provisions but in any such case, this policy shall continue in full force and
effect for the benefit of NEC Financial Services, LLC for a period of thirty (30) days after notice to NEC Financial Services, LLC, its successors and/or its
assignees.
To Insurance Agent In addition to the above, please provide an Accord Certificate or a copy of the insurance policy to the Contract Administrator at the above
NEC Financial Services, LLC address. Thank you.
Insurance Agency/Broker
Address
Telephone Number / Fax Number
Authorized Signature
Date
250 Pehle Avenue, Suite 704
Saddle Brook, New Jersey 07663-5806
M
im
5M
151 1 11 11 11 1 1 • : 26 •
Date: 2/12115
Re: Sales Tax Exemption Certificate Request (100-86571-001)
Please fax over a copy of your Sales Tax Exemption Certificate naming NEC Financial Services, LLC as
SupplierNendor/Lessor and CITY OF BOYNTON BEACH as the Purchaser/Exempt Organization for your Lease of
Equipment: MITEL PHONE SYSTEM
-ocated at: 2080 HIGHPOINT RD
FIRE STATION #5
BOYNTON BEACH , Fl, 3341
If we do not receive a copy of your Sales Tax Certificate, sales tax will be charged.
Thank you.
Please check off below and fax back to : VERONICA BROWN at 866- 422-7254
0 We are not Sales Tax Exempt.
Ej We are Sales Tax Exempt. Our Sales Tax Exemption Certificate is following.
racial Services
se.'Sulte #704
J 07663-5806
800-461-5360
neclease.com
Lease Number: 100-86571
Schedule Number: 001
I
By:
Authorized Signature
Print Name Print Title
Credit App #: 79785 Customer #: 86571 Approval 9: 65683 Dealer FORERUNNER TECHNOLOGIES, INC.
a
0
0
nmllqjll�o ItCall " �1
156I742IA79 I a
Installation /Equipment
■ Forerunner Technologies will provide a system in accordance With the details set forth on the proposed Contract and Customer Expectations page of this document.
■ Forerunner Technologies will ensure that all proposed equipment and software will be installed according to manufacturers documented installation and operational procedures, with
manufacture's most current released versions provided.
■ The project implementation will adhere to industry standards and procedures for proper Installation, implementation and performance of proposed solution.
Appropriate configurations will be provided for support and integration with the existing customer infrastructure. Forerunner Technologies will not be responsible for costs associated wit
customer's Manufacturer/Vendor support required.
IS A successful implementation for Voice over IP (VaIP) and supported desktop applications Is contingent on the performance quality of the Customers network to support the demands of
voice traffic along with those of data requirements. Without a properly configured network, a Voll implementation may not perform properly.
■ Any additional network audit, network assessment, network design, consulting, and/or training services not included in the proposal can be provided at an additional charge.
Warranties
■ All expressed warranties shall be made available to the Customer for goods and services covered by this proposal.
■ All goods furnished shall be fully guaranteed against factory defects and workmanship.
■ Special conditions of the proposal may supersede the manufacturer's standard warranty.
■ Forerunner Technologies shall correct any and all apparent and latent defects that may occur within the manufacturers standard warranty period.
Chance ManMment Process
The contract may be modified by mutual consent of duly authorized parties, in writing, through the Issuance of a modification to the contract and/or purchase order, as appropriate. This
presumes the modification Itself is in compliance with all applicable Forerunner and Customer procedures. Modifications may result in changes to the project timeline that are, generally,
proportional to the complexity of said modifications.
This Statement of Work (SOW) outlines the hardware/software with responsibilities and deliverables for the services that Forerunner Technologies, INC will perform for you.
The terms and conditions of the professional Services Agreement apply in full to the services and products provided under this Statement of Work.
IN WITNESS WHEREOF, the parties hereto each acting with proper authority have executed this Statement of Work, under seal.
Y
, KcJ\J
Lori _Lay
g_r_ri_er City—/M an ger
Qrstomer Want Name Daft Technologies, Inc Date
3 /9 / ft 777 . A -
Forerunner Technologies Business - Copy
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Forerunner Technologies will provide a system in accordance with the details set forth on the proposed Contract and Customer Expectations page of this document.
Forerunner Technologies will ensure that all proposed equipment and software will be installed according to manufacturers documented installation and operational procedures, with
manufacture's most current released versions provided.
■ The project Implementation will adhere to industry standards and procedures for proper installation, implementation and performance of proposed solution.
Appropriate configurations will be provided for support and integration with the existing customer infrastructure. Forerunner Technologies will not be responsible for costs associated w
customer's Manufacturer/Vendor support required.
A successful Implementation for Voice over IF (VoIP) and supported desktop applications is contingent on the performance quality of the Customees network to support the demands of
voice traffic along with those of data requirements. Without a properly configured network, a VoIP implementation may not perform properly.
■ Any additional network audit, network assessment network design, consulting, and/or training services not Included in the proposal can be provided at an additional charge.
Warranties
■ All expressed warranties shall be made available to the Customer for goods and services covered by this proposal.
All goods furnished shall be fully guaranteed against factory defects and workmanship.
■ Special conditions of the proposal may supersede the manufacturer's standard warranty.
Forerunner Technologies shall correct any and all apparent and latent defects that may occur within the manufacturer's standard warranty period.
■ Customer is responsible for performing routine maintenance (backups, anti-virus and general routine server administration) consistent with internal IT procedures
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The contract maybe modified by mutual consent of duly authorized parties, in writing, through the issuance of a modification to the contract and/or purchase order, as appropriate. This
presumes the modification itself is in compliance with all applicable Forerunner and Customer procedures. Modifications may result in changes to the project timeline that are, generally,
proportional to the complexity of said modificadons.
This Statement of Work (SOW) outlines the hardware/software with responsibilities and deliverables for the services that Forerunner Technologies, INC will perform for you.
R.i.1— 20242023