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Home My WebLink About19-039 - Davenport Group - Dell Tablets and Scanner Module Lease (Police Department)19-039 Council Approval N/A Unancarvices TUKWILA, WASHINGTON LEASE PURCHASE SCHEDULE NO. 810-9003032-002 TO MASTER LEASE AGREEMENT SCHEDULE NO. 576818-22912 THIS SCHEDULE IS SUBJECT TO AND INCORPORATES THE TERMS AND CONDITIONS OF MASTER LEASE AGREEMENT NO. 576818-22912 ("Agreement') DATED October 3, 2016 BETWEEN DELL FINANCIAL SERVICES LL.C. ("Lessor") AND TUKWILA, WASHINGTON ("Lessee"). Lessor hereby agrees to lease and/or make available to Lessee subject to the terms, conditions and provisions set forth in this Schedule and in the Agreement, the Products described below. Any capitalized term used herein and not defined herein shall have the meaning ascribed to it in the Agreement. PRODUCT DESCRIPTION AND LOCATION: See below or Exhibit "A" attached to and made a part hereof. DAVENPORT GROUP INC 4166 LEXINGTON AVENUE NORTH, SAINT PAUL, MN, 55126 Product Product Lessee Purchase PrirnaryTerm Commencement Description Location Order No, IMos•1 Date See Exhibit 'A' See Exhibit 'A' ITD121416 36 February 1, 2017 Rent is payable: in Advance Payment Period: Annual LEASE PURCHASE PROVISIONS The following provisions shall apply with respect to this Schedule in addition to those provisions in the Ageement: 1. SECTION 4. RENT; TAXES; PAYMENT OBLIGATION. Insert as a new last sentence to subsection (a) the following: "For the purposes of this Schedule, the Rent, as well as the principal and interest portions of each Rent payment and the Purchase Price as of the applicable Purchase Date are shown in the chart provided on Exhibit "B", attached to and made a part hereof. Add as a new last sentence to subsection (b) the following: "Because the Products will be used for a governmental or proprietary purpose of Lessee, they are exempt from all sales, use and property taxes," 2. SECTION 11. REPRESENTATIONS AND WARRANTIES OF LESSEE. For purposes of this Schedule, add paragraphs (j) 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; (I) The total cost of the Products listed in this Schedule will not be less than the total Principal Portion of the Rent 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 Schedu le; Reles eras: 810.900] 032-002 Master Lease Schedule TEO Page 1 of 3 (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 may be required for the purposes of properly reporting this Schedule, including, without limitation, IRS forms 8038-G 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 deposited into the general fund 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, Lessor hereby gives notice to Lessee that, upon execution of this Schedule by Lessor, Lessor shall assign all of its right, title and interest in, to and under this Schedule, including all Products and all payments owing under such Schedule, to Dell Equipment Funding L.P. ("DEF') pursuant to a purchase agreement between the Lessor and DEF, Lessee hereby acknowledges and consents to such assignment and shall keep, or cause to be kept, a complete and accurate record of all such assignments in a manner and form necessary to comply with Section 149(a) of the Code and the Treasury Regulations promulgated thereunder. Lessor hereby directs Lessee to continue to make any and all payments required to be made under this Schedule directly to Lessor, as servicing agent for DEF, at the same address to which Lessee is currently making payments unless and until Lessor is directed by DEF to make such payments to a different address or payee." TO THE EXTENT PERMITTED BY LAW, AND IN ADDITION TO LESSEE'S OBLIGATION UNDER SECTION 16 OF THE AGREEMENT AND ANY AMENDMENTS THERETO, LESSEE HEREBY ASSUMES LIABILITY FOR, AND SHALL PAY WHEN DUE, AND SHALL DEFEND LESSOR AND ITS SUCCESSORS AND ASSIGNS AGAINST, ANY AND ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) RELATING TO OR ARISING OUT OF LESSEE'S BREACH OF ANY OF ITS REPRESENTATIONS, WARRANTIES, OR COVENANTS CONTAINED IN SECTION 11 OF THE AGREEMENT AS SUPPLEMENTED HEREIN. 3, SECTION 12. 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). 4. SECTION 17. OWNERSHIP; LIENS AND ENCUMBRANCES; LABELS. Insert at the end of this paragraph the following: "Notwithstanding the first sentence of this Section , upon Lessee's acceptance of the Products under this Schedule, title to the Products shall vest in Lessee subject to Lessor's rights under the Agreement; provided that, upon an Event of Default or any termination of this Schedule, other than by Lessee's purchase of the Products, title to the Products shall immediately and without any action by either party vest in Lessor, and Lessee shall immediately surrender possession of the Products to Lessor. Any such transfer of title shall occur automatically without the necessity of any bill of sale, certificate of title or other instrument of conveyance. Lessee shall, nevertheless, execute and deliver any such instruments as Lessor may request to evidence such transfer. 5. PURCHASE OPTION. Provided that no Event of Default has occurred and is continuing, and upon satisfaction of all payment obligations herein by Lessee, Lessee shall be entitled to Lessor's interest in the Products, AS IS, WHERE IS, WITHOUT WARRANTY OR RECOURSE, EXPRESS, IMPLIED OR OTHERWISE, BY OR AGAINST LESSOR, INCLUDING ANY WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT, other than the absence of any liens by, through, or under Lessor. Marcum 8lD-9091032 OO2 Page 2 of 3 Masser Lease Schedule TELP As continuing security for Lessee's obligations hereunder, Lessee hereby grants to Lessor, a first -priority security interest in all of Lessee's rights and interest in and to the Products and an proceeds thereof, free and clear of all security interests, liens or encumbrances whatsoever. 6. COMPLETION OF SCHEDULE: Lessee hereby authorizes Lessor to insert or update the series! numts or the Iuccs rrom time to time as necessary. By signing below, each of the parties hereto agrees to be Fund by the terms of the Agreement, this Schedule and the attached Exhibits "A' and "B'. TUKWILA, WASHINGTON - "Lessor BY: ^, `� 1 By Names f -r i Name: Title i <e a ' r �_`t- Title; DELL FINANCIAL SERVICES L.L.C. Date: tf ..f, :, "T Date: Ref n0-9001332-002 Masan lease Sdse tie RIP Page 3 of 3 QTY QUOTATION** OR PART NUMBER DESCRIPTION UNIT PRICE TOTAL Dell Rugged Latitude 7202 $2441.0G $12,205.00 5Q-096207 5 Dell Scanner Module $380.00 $1,900.00 **ALL pages of the referenced quotation(s) MUST accompany this Purchase Order SUBTOTAL $14,105.00 Additional Instructions: Please provide FEIN # (2 r 1 , if:.; c... -,.... , , / SALES TAX (IF APPLICABLE) Please irrittde tux exempt certificate if sales tax crempt ttantrig 11.14,4,1ag Dell Financial Services DFS LEASE TERMS — Circle Choices (MONTHS) 12 18 24 30 36 48 60 SHIPPING & HANDLING TOTAL $0.00 $14,105.00 (End of Leasc Optien ) Fair Markcl Valuc I Cr/0 Purchase. Optim SI 00 Buyout - -, Signature (Authorized Bu Print Name (Authorized Buyer): Date: Prepared For: City of Tukwila, WA Joseph Todd 6300 Southcenter Blvd Tukwila, WA 98188 joseph.todd@tukwilawa.gov Notebooks/Desktops Quote Information: Quote Number: 96207 Version Number: 1 Date: December 05, 2016 Quote Expiration: November 26, 2016 Qty Description Unit Price Extended 5 Latitude 12 Rugged 7202 Intel Core M-5Y71 processor Win 10 Pro 64 English, French, Spanish Intel Core M-5Y71 Processor with 8GB Memory and Dedicated GPS 2-cell (26Wh) Lithium Ion Secondary Battery Microsoft(R) Office 30 Days Trial 128G SSD Latitude, Rugged 2MP HD Webcam / 8MP Rear Camera with Flash and Dual Microphones Intel 7265AC Dual -Band 2x2 802.11 ac WiFi No Wireless WAN Card No Option Included No Out -of -Band Systems Management 8GB 1600MHz LPDDR3 Memory Intel Dual Band Wireless 7265 802.1 lac Wi-Fi + BT 4.0 LE Driver E5 Power Cord (US) 2-cell (26Wh) Lithium Ion Primary Battery 11.6 HD (1368x768) Outdoor -Readable Glove -Capable Touchscreen with Gorilla Glass SupportAssist 45 Watt 3Pin AC Adapter Flex 2 No Carrying Case Dell Rugged Tablet Dock Keep Your Hard Drive - 3 Year Accidental Damage Service - 3 year ProSupport: Next Business Day Onsite - 3 Years Dell Limited Hardware Warranty - 3 Years ProSupport: 7x24 Technical Support - 3 Years $2,441.00 $12,205.00 Dell Scanner Module (Barcode, Magnetic Stripe) for the Latitude 12 Rugged Tablet $380.00 $1,900.00 Noteboolt Desktops subtotal $14,105.00 davenportgroup