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HomeMy WebLinkAbout2018 ContractConnection TX Connection Financial Services Proposal (This is not a contract; executable contracts to follow) Connection Financial Services is pleased to offer this proposal for the technology solution that Sebastian, City of wishes to acquire from PC Connection. Inc.. For over 25 years. we have provided simple, fast and cost-effective acquisition options to more than 50.000 customers ranging from small entrepreneurial organizations to large Fortune 500 corporations. We hope to be your high performance partner in acquiring your technology. Equipment/Software Cost S53.598.11 (Not including tax) Equipment/Softwaro Description Barracuda Term Period Typo End-of-Torm Option Payment ❑ 36Manths Monthly Hwncc lease Own $1,697.48 Structure First payment due one month after contract commencement. Asset Assumptions The payment options above assume 100.0% of services. If this assumption changes, the payment may be adjusted up or down. Equipment Location Please provide the address where the equipment will be located. Address: 1225 Main Street Cilv. Slate 8 Zio: Sebastian. FL 32958 Is this a hosting site, data center or co -location facility? ❑ YES 9(N0 Proposal Expiration Date This proposal and payment options within are valid through 07/26/18 Required Documentation Please provide the documentation below sn order to begin the credit approval process: This proposal is based on certain underwriting and pricing assumptions and the execution of mutually acceptable documentation. Rates provided herein are subject to change based on any increase in published swap rates. If the configuration changes at any time prior to commencement, the payment may be adjusted up or down. The information herein is confidential, valid through 07126118. and may be withdrawn or amended at any time prior to contract commencement. The payments quoted do not include sales use, rental or property lax. Please email this page along with required documentation (if any) by 07126118 to indicate your desire to enter into an agreement with Connection Financial Services. Regards, Michael Kennemer Direct Line: 866 367-9250 mkennerner@connectionfs.com Connection we solve IT GovConnection, Inc. Account Executive: Sarah Manning 732 Milford Road Phone: (800) 800-0019 ext. 33685 Merrimack. NH 03054 Fax: (603) 683.1482 Email: sarah.manning@connection.com Account Manager: Phone: Fax: Email: Customer Contact: Barbara Brooke -Reese Email: breese@cilyofsebastien.org QUOTE PROVIDED TO: AB#: 7271734 CITY OF SEBASTIAN ADMINISTRATIVE SVCS 1225 MAIN ST SEBASTIAN, FL 32958 (772) 589-5330 DELIVERY I FOB SHIP TO: AB#: 8380748 CITY OF SEBASTIAN BARBARA BROOKE-REESE 1225 MAIN STREET SEBASTIAN, FL 32958 (772)388-8246 SALES QUOTE # 24611273.01-W1 PLEASE REFER TO THE ABC VE OUO TE #WHEN ORDERING Data: 711212018 Valid Through: 8/11/2018 Account If: 321838074818807050 Phone: (772) 589-5330 x8246 Fax: (772) 589.5570 SHIPVIA TERMS Small Pkq Ground Service Level I SH 11. 0 bts HTI NET 30 CONTRACTID# 1 ImpMant NOaee — THIS QUOTATION 15 SUBJECT TO THE FOLLO'MNG Terms of Sale All purchases hom GovConneGm.lne am mc3ecr10 me Company$ Stxnoard Terms W Sae wmon da=tsa mpenam:egal nixes and odigalxlns You may review the Company s Standard Terms of Sae an IPA Compmy's weosete ,rww govcomeeven.can, 0r you may rogues: a =y via tax. a. mat or mad 0y aiding a WA To l s and Cards a The four I9ltus In ready pr order Is Davye placed dMer arty e pf oar many Inner one. slat, crottopna or capmasve Agleem@rlt], in wNfJl Cat! Ylt Terlrl] and CpndUpr'S pl yeyf PWfha50 OrdMare aready ple-rl@g9Ceea Yq stated YI Na AgreementofI No urner order dM QCM16pn4 51M apt, ar'p any pinar IFraIF aMl-D('Y44901[9{Erl9FiPSS&'149Y409 m yaurpj+ScryaSt OfDHf ]rH �M1Si0BC90(Wl and vpld Please raferrp pur IIupre Number in vnu areer 1 1 I 5471784 3-Year Instant Replacement for Spam 2 1 1 6827252 SSF30OA-H3 irewall 300 Barracuda _IBamacuda 3 I 1 26688077 885890A-E3 3-Year Energize Updates for Series 890 Barracuda 3-Year Instant Replacement for Backup I- 4 1 10417432 BB$890A-H3 Server 890 'Barracuda Barracuda 5 _ 1 I IBBS890a-p3 13 _ Year Premium Support for Barracuda Backuq Server 890 I 3-year Unlined Cloud Storage for 6 1 13773213 BBS890A-83 Backup Server 690 Barracutla _ IBamacuda 5 1,822.79 I S 1.822.79 S 1.11130 , S 1.111 30 5 8.181.33 S 8,151.33 9.960.06 5 9.960.06 �—S 5 9,960.06 S 9.960,06 22.562.571 $ 22,562.57 Subtotal S 53.598.11 Fee S 0.00 Hhlpp nod-- -- Handling S 0.00 Tax` Exemptl _ Total g 53,598.11 Page 2 of 2 7/12/2018 onnection" PUBLIC SECTOR SOLUTIONS we solve IT' ORDERING INFORMATION GovConnection, Inc. DBA Connection Please contact your account manager with any questions. Ordering Address Remittance Address GovConnectfon, Inc GovConnectiun, Inc. 732 Milford Road Box S36477 Merrimack, NH 030S4 Pittsburgh, PA 15253-5906 Please reference the Contract it an all purchase orders. TERMS & CONDITIONS Payment Terms: NET 30 (subject to approved credit) FOB Point: DESTINATION (within Continental US) Maximum Order Limitation: NONE FEIN: 52-2837891 DUNS Number: 80-967-8782 CEC: 80-068888K Cage Code: OGTJ3 Business Size: LARGE WARRANTY: Manufamurefs Standard Commercial Warranty NOTE: It is the end user's responsibility to review, understand and agree to the terms of any End User Ucense Agreement (EUU1). Imparomthotice: —THIS QUOTATION ISSUWECTTO TNEFOLLOWING Terms oftale: Allpashountiam GovConnectlon, Inc. are subject m Me Compeny's SmndoNTerms a/So14 which describe Imponans frool dahts and obit unions. You may review the Company's Standard Tema of Soie an the Company's webrite: www.povoms"flan.cam or you may requesr o copy -of" a -mall, or mall by calling yoursocaunt representative The only exception to this pollcy, Is fif surarder Is being placed vader..y one af.wrearry notlonat state, edumrkand orcoopensave Agreements, In which case the Terms and Conditions of your Purchase Order are already pm-negatlated ministered to Mat Agreement No labor Terms end Conditions shell apply and any other terms and conditions referenced arapDeadng in your Purchase Omicron, considered null and vo/tl. Please mfer to our Quote Numberin your order. If you require a hard copy Invoice for your credit card order, please visit the link below and click on the Proof of Purchase/Invoice link on the left side of the page to print one: httos://www mnnectlon.mm/web/Shmx,4;e/PmafofPmchma.htm Please forward your Contract or Purchase Order W: Q gC�. �911�`NA, FAx: 6e3.GM.0374 his is a non -cancellable, legally bidding contract•• Master Lease #: 2442977 Connection Lessor: Connection Financial Services 2330 Interstate 30 Mesquite, TX 75150 Phone: 866 367.9250 Fax: (972) 755 8210 Lessee (Leasing Customer); City of Sebastian Lessee's Chief Executive Office -Street: 1225 Main St, City, ST & Zip Code: Sebastian,F�1L, 32958A 165 County: Sri DsAw Clioii 1L Lessee's Telephone: 7722-P-589-5330 Tax ION: -> 1 ^ 6, Signatures Lessee has reviewed this page and the rest of ibis Lease lessor has renewed this pate and the rest Of this lease /��A of Sebastian Connection Financial Services (Lessor) uthorize�gnature /a /-alf f oAuthorized Signature PriNam� Tl�e G �Y Datb t Print Name Title Date In this Master Lease Agreement film 'Agreement'), the words 'You* and "Your mean the Lessen named above Me,''Us"Our" and'Lesse mean Connection Financed Services 'Supplier means me eguipmWt supplier supplying the Equipment (defined below) leased .now a Sctwdule. 'Schedule means a schedule• in such form as We may accept in our sole discretion, that may be entered into train time to time by You and Us for a lease Marmclion pursuant to this Agreement. You acknowledge and agree that this Agreement and each Schedule represent the complete mid exclusive agreement between You and Us regarding Bin subject matter herein and therein and supersedes any other oral or written agreement between You and Us regarding such matters This Agreement and each Schedule can be changed only by a vmllen agreement betveen You and Us Other agreements not stated heroin or in a Schedule (including, without limitation. those contained in any purchase order or solvent, agreement batmen You and the Supplier) are not part of a Lease (defined below). TMs Agreement Is not a commitment by Us to enter Into any Schedule not currently in effect. ark nothing in this Agreement shall Impose. Or be ccnstread to Impose. any obhgnbon upon Us to Doter into any proposed Schedule. It being understood that whether We emu into any proposed Schedule shall be a demean solely within Our tlnerelion. To help me gmemmenf fight the funding of terrorism and money laundering activities. U.S. Federal law requires financial mslllulions to obtain, verify and (amid information that identifies each person (individuals m businesses) who opens an account MM this means for You: Whon You open an account or add any additional service. Via we ask You for Your name. address• federal employer identification number aria other information that will allay Us to identify You We may also ask to see Omer identifying docan ems. 1. LEASE OF EQUIPMENT. Each Schedule executed by You mprosents Your agreement to loose Iron, Us the personal property listed Ihermn (together with all exeding and future accessories, allac)unenls. replacement and embedded software, the "Equipmenl'f upon the lam, slated in such SclaCule, and this Agreement. Each Schedule and the menu of mis Agreement which are incorporated by reference into such Schedule shall constitute a separate aryl independent cenVact beNreen You and Us and shall be referred to as a "Lease In the event of any conflict behveen the provisions of Nis Agreement and the provisions of any Schedule. the provisions of me Schedule shall control. Each Schedule is binding on You as of the date You sign it. You agree that after You sign mis Agreement or a Schedule We may Amen or tweet any information missing in this Agreement Or a Schedule. including Your paper legal name. serial numbers and any other Information desrnbmg the Equipment. and change me Payment sham in a Schedule by up to 15%clue to a change in the Equipment At Cast or a lax or payment adjustment 2. TERM; RENEWAL. The tarts of each Lease will begin on the date that the related Schedule is accepted by Us or any later date that We designate (the -Commencement Dale) antl will Continuo for the number of months shown on such Schedule (life -initial Term') As used hereto, "Term' means the term presently in affect at any time. whetter it is the Initial Term of a Renewal Term (defined below). With respect to each Lease, unless You have a S1.00 Purchase Option as Indicated in the related Schedule. You shall notify Us in writing at least 90 days but not more than 120 days before the and of a Term (the "Notice Period") that you Intend to purchase of return the Equipment at the and of such Term or: (a) the applicable Lease will automatically renew for an additional three-month period (a -Renewal Tom") ark fill all terns of such Lease will Continue to apply. It You do nobly Us in valting wimin the Notice Period for a given Lease that You intend to purchase Ar relum me related Equipment at the end of the Term Of such Lease, then You shall (d purchase me Eqwpment by paying me purchase option amount lark all oiler amounts due hereunder) wMm 10 days after me antl of We Tem. or (it) return the Equipment pursuant to Seeman 12. For any "Fair Markel Value' Purchase Option. me lair demket value shall to determined by Us in Our sole but commercially reasonable judgment. Each Lease Is non-eancolable for the full Term. 0. UNCONDITIONAL OBLIGATION. VAm respect to each Lease. You agree that A) You selected me Equipment and the Supplier based on You awn fulfillment (if) Your obligations under each Lease we apsolute and WConeaawl add we not subject 10 cancellation. reduction a setoff for any reason whatsoever, (in) If You ate a party to any maintenance. supplies or other contract vim the Supplier. such contract is NOT pan or any Lease (even though We may, as a Convenience to You and the Supplier, bill and collect manias owed by You to die Supplier); one (iv) If the Equipment is unsatisfactory or if the Supplier faits to provide Any service or fulfill any other obligation to You. YOU shall continue to fully perform under each Lease. a. ACCEPTANCE OF EQUIPMENT; PAYMENTS With respect to each Schedule. You unit inspect and test the operation of me Equipment upon its delivery and You will notify Us within left (10) days of delivery it the Equipment is not satisfactory. YOU AGREE THAT IF YOU FAIL TO NOTIFY US THAT THE EQUIPMENT IS NOT SATISFACTORY WITHIN TEN (10) DAYS OF DELIVERY THEN THE EQUIPMENT SHALL BE IRREVOCABLY AND UNCONDITIONALLY ACCEPTED BY YOU. If requested. You will van a separate Equipment delivery and acceptance certificate for each Schedule. We may at Our discretion verity by telephone such information regarding delivery and acceptance of the Equipment as we deem appropriate and any such telephone venficab W of Your acceptance will have tiro samo effect as a written delivery and acceplanm ceni9wte, signed by You. With respect to each Lease. You Agree to pay a planned Payment for the period from the dale the Equipment is delivered to You until tie Commencement Ohio of such Lease This prorated payment will be based on the Payment shown in the related Schedule prorated on a 00 day calendar month and will be added to Your first mvmce. Each Payment Period for a given Lease. You agree 10 pay Us, by the duo date set forth on Our invoice to You h) The Payment clue under the related Schedule, and (it) applicable taxes and other charges provided for in the Lome. ReWn ivo ondomemone, on checks will net be binding on Us. NI payments received will be applied to past duo amounts antl 10 me current amount clue in such order as We determine. Any securiy deposit that You pay under a Lease is ocrvmterest bearing. may be commingled with Our funds. may be applied by Us at any tome to ewe any default by You, ark We unused Iranian will be returned to You after You have satlsfied ad of Your obligations under the applicable Lease 11 We do rot receive a payment in full on or before its due date, You shall pay a lee equal to ma greater of 10% of the amount that is late or S29.00 (or maximum amount permitted by law if loss). You shall pay Us a returned check or nonpwfficent funds charge of S20.00 for any returned or dishonored check or draft S. INDEMNIFICATION. You shall indemnify and hold Us harmless Isom and against, any and all amm9. actions. damages. hatldias, losses and costs (including but not limited to reasonable attorneysfees) made against Us, or suffered or incurred by Us. wising directly or indirectly out of, or omervnse totaling to. me delivery• installation, possession. ownership. use, loss of use, defect In or malfunction of The Equipment This obligation shall survive life lemunalion of each Lease. We shall not be liable to You for any damages of any kind. including any liability lot consequential damages. ansmg out of me use of or the inability to use the Equipment. 6. NO WARRANTIES. WE ARE LEASING THE EQUIPMENT TO YOU "AS IS WE HAVE NOT MADE AND HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY APPLICABLE LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The parties hereto agree that each Lease is. or shall be treated as, a Ynanco lease' under Article 2A Of me Uniform Commercial Cede (we 'UCC-) You hereby .relive any and all rights and remedies Conferred upon You by Article 2A of the UCC. a any Lease is deemed 10 be a secured pansanion. You hereby grant to Us a security interest in the Equipment and all proceeds thereof You euMenxa Us to record UCC financing statements to protect Our interests in the Equipment, You may be antittea under Article 2A of the UCC to the promises and warrantees (if any) provided to Us by the Supplle(s) in co mechon win or as part of the Contract (if amp by winch We acquire the Equipment• which warranly rights We assign to You fm the applicable TAM (provided You are not in default) You acknowledge that You are Ali of the name of the Supplier of each item of Equipment and You may Contact me Suppherm) for an accuralo and complete statement of those promises and warranties (it any), including any disclaimers and Iundations of them or of remedies. 7. DELIVERY, LOCATION. OWNERSHIP; USE AND MAINTENANCE OF EQUIPMENT We are not responsible fin delivery or mstallatiW of the Equipment relating to any Schedule You are responsible for Equipment maintenance. You wit ref remove The Equipment Item the Equipment Lecturer, specified in a Schedule unless You first get Our palmation. You shall give Us reasonable access to the Equipment Location so that We may Anspeect the Equipment, ark You serve to pay Our costs In connection Tharewnth. We will awn and have title to the Equipment (excluding any software) during each Lease. If Ilse Equipment Includes any software: (I) We don't awn the software, (it) You are responsible for entering into any x6725636v5(0012CV16)MPGMLA 72077e 1 No schedule maybe terminated early. The terms Atolls Master lease are continued on the reverse or next page. I Pagel o12 necessary software incense agreements with the owners or licensors of such software. till) You shall comply with the terms of all such agreements. if any. and find any default by You under any such agreements shall constitute a default by You under the applicable Lease You agree that the Equipment is and shall roman personal properly ad without Our prior written consent, You shall not permit it l0 became (1) attached to real property. or fill subject to Ilrns or encumbrances of any kind. You represent that the Equipment wil be used solely for commemal performs and not for personal, family or household purposes. You will use the Equipment in accordance with all laws. operslion manuals. service convicts fit any) and insurance requeements, and shall not make any permanent alterations to it. At Your win cost. You will keep the Equipment in good working order and warrantable condition. ordinary wear and tear excepted (-Good Condition). 8. LOSS; DAMAGE; INSURANCE. You shall. at all times tlwir each Lease. (i) bear me risk of loss and damage to the Equipment and shall continue performing all Your obligations In Us even if it becomes damaged or suffers a loss. (ii) keep INS Equipment insured against all nsks of damage and loss ('Prapeny Insurance) in an amount equal to its replacement cost. with Us named as sale -lass payed (with a lenders loss payable endorsement if required by Lessor Or its Assignee). and till) carry public liability Insurance covering bodily Injury and property damage (-Liability insurance�) in an amount acceptable to Us. with Us rimed as an additional insured thereunder. With respect to each Lease, You have the choice of satisfying these Insurance requirements fur a given Lease by president t Us rein satisfactory evidence of Property and Liability Inswance (-Insurance Prefer). names 3D days of me Commencement Dale of such Lease. Such Insurance Proof must provide for at least 30 days offer wrelen netcti to Us before it may be cancelled or termiwted and must contain other tams satisfactory to Us. If you do not provide Us with Insurance Proof within 30 days of the Commencement Date of a Lease, or If such insurance terminates fur any reason, then (a) You agree lhal We have the right. but not the obligation to obsen such Property Insurance andfor Liability Insurance In such forms and amounts from an insurer of Our choosing in order to protect Our interests (-Other lnsurance�), and (b) You agree that We may charge you a periodic charge for such Other Insurance. This periodic charge will include reimbursement for premiums advanced by Us to purchase Other Insurance. billing and "eking fees, charges for Our processing and related fees associated vAh me Omer Insurance. and a finance charge of up to 18% per arum (or the maximum tale allowed by law If less) on any advances We make for premiums (collectively, the lmuarsce Chage). Vie a We one or more of our alfliales andfor agents may receive a portion of the Insurance Change. which may include a profit. we are rot obligated to obtain, and may cancel. Omer Inswance at any lime without Notice to You. Any Other Insurance need not mime You as an insured or plastics Your Interests. The Insurance Charge may be dgner trend You cbmined Property and Liability Insurance on Your s m, 9. ASSIGNMENT. You shall not sell, vansfeq assign or olhennso encumber (collectively, 'Transfe) this Agreemont or any Lease, or Transfer or sublease any Equipment. in whole of In pad. without Our prior written consent, We may, without notice to You, Transfer Our interest in the Equipment. this Agreement and/or any Lease, in whole or in part, to a third party (an -Assigmme-), in which case the Assignee will, to the extent of such Transfer, have all of OUT rights and benefits but will not have to perform Our obligations (if airy). Any Transfer by Us wan not relieve Us of Our obligations under this Agreement or any Lease You agree not To assert against We Assignee any claim. defense or offset You may have against Us. You acknowledge that neither We saw the Supplier are agents of any Assignee 10, TAXES AND OTHER FEES. You are responsible for all taxes (mtloors. without tmitaUOn, safes, use as, personal property taxes. excluding only taxes based an Our theme). assessments, license and registration fees and other governmental charges relating to this Agreement, each Lease and/or the Equipment (collectivity, 'Governmental Charges ). Sales or use taxes due upfront will be payable over the Initial Tam of each Lease. with a finance Margo, You authorize Us to pay any Governments] Charges as they become due. and You agree to reimburse Us promptly upon demand for me full amount You agree to pay Us a fee for Our administration of taxes related to the Equipment ]came under each Lease. War respect to each Lease. You also agree to pay Us upon demand o) for On costs m filing, amending and releasing UCC financing statements. and (is) a moumeduagoruprocessing fee in the amount set form in the related Schedule (w as otMrwbe agreed to) If You so request. and We peril the early lemtirlafos, of a Lease. You acknowledge Thal there may be a cost or charge to You for such pdvge9e. In connection win the expiralion or earlier termination of a Lease, You agree to pay Us arty Governmental Charges accrued or assessed but not yet due and payable. Or Our estimate of such amounts. You agree that the fees and other amounts payable under this Agreement and each Lease may include a profit to Us and/air the Supplier, 11. DEFAULT; REMEDIES. With respect to each Lease. You will be in default if (1) You fail to pay am/ amount due under any Lease same, 15 days of the due dale. (2) You breach w attempt to breach any other (arms. representation or covenant in this Agreement. any Lease or In any Omer agreement now, existing w hereafter entered into with Us or any Assignee, (3) an evel of default motors under any Obligation You may now or hereafter ovre to My affiliate of Us Or any Assignee, anNer (A) You and/or any guamnlors or images Of Your obligations under any Lease (i) go out of business. (it) commence dissolution proceedings. (in) merge or conselidae into another entity. Frei sell el or substantially at of Your or then assets, or there is a change of central with respect to Your or their ovinership, (v) become insolvent, admit Your or their inability to pay Your or (heir debts. Net make an assignment for the benefil of Your or their sinew ors (or enter into a similar arrangement). pr fire) file, or there is find against You or them, a bankmplay. reorganization or similar proceeding or a pro Wing for We appointment of a receiver. trustee or liquidator. If You default under a Lease, We may do any or all of the following: (A) cancel such Lease, (B) require You to promptly return the Equipment pursuant to Section 12. (C) take possession Of and/or Forme Ilia Equipment (including any soMrare) mumble (and for such purposes You hereby authorize Us and Our designees to enter Yaw premises. with or without prior notice w Omer prowv of law), and sell. lease or otherwise dispose of the Equipment on such terms and in son manner as We may in Our sole i isaetton determine. (OF require You to pay to Us. on derad, ligwdalea damages in an amount equal m the sum Of it) all Payments and other amount$ then due and past due under such Lease, (it) all remaining Payments fur the remainder of the Term of such Lease discounted at a rate of 6% per annum. (ill) Me residual value of the Equipment estimated by Us at the inception of such Lease (as shown in Our books and secatls), discounted at a rate of 6% per shown, (iv) Interest on the amounts specified in clauses 'I', -if and -iir above from the date Of demand to the dale paid at the rate of 1.5%per month (air Ire maximum amount permitted by law if less). ad pit a• other amounts that may newsletter become due under such Lease to the extent that We will be obligated to owed and pay rpm amounts to a turd party (such amounts specified is sub. clauses -f through -Y referred t0 below as IN 'Balmer Due'). answer (E) exerciser dry other remedy available to Us under law. You also agree to reimburse Us an demand for al reasonable expenses of enforcement 6ntluding, snthaut limitation, reasonable ateci s lees and other legal costs) and reasonable expenses of repossessing, holding• preparing for disposition. and disposition (-Remarketing-) of the Equipmentplus interest at the rate in sub -clause (iv) an the foregoing amounts from the date of demand to the date pad. In the event We are successful In Remarketing the Equipment. We shall give You a credit against fie Balance Due in an amount equal to the present value of the proceeds received and to be received from Remarketing minus the above -mentioned costs (the 'Net Precoo ). It the Net Proceeds are less than the Balance Due, You shall be liable for such denctenry, Any delay or failure to enforce Our fights hereunder shall not consalute a waiver thereof The remedies set forth herein are cumulative and may be exorcised concurrently of separately, 12. RETURN OF EQUIPMENT. 11 You we required to return the Equipment under any Lease, You snail, at Your expense, send l e Equipment to any localtonts) that We play designate and pay Us a handling fee of S250.W The Settlement most ale proposal, posamd Far shiwea, freight prepaid are fully Insured and roust be received in Good ComoM (defmod in Section 7), All terms of ON applicable Lease, moment Your obligation to make Payments and pay Sit other amounts due morounder shall entries, to apply will me Equipment is reeved by Us in aaCrdanm with Iho terms of Ihls Agreement You are solely respanede fd removing all donations any dgda storage miles. hard drive or other ale- omc reason poor to retuning the Eira ment or otherwise removing or anamng the removal of the Equpment ham Your promises fur ary reason (and Ycu are scter responsible for insetting an appropriate rer oval standard IMF mean Your business needs and empLeswM apGlceble laws) Wpshal not be uadefw any losses.direGy air mdredly among out of, a by reason of me presence near use of any 'Nonelon, Images or content retaned by or resaenl in any Equipment mturned to Us or repossessed by Us 13. APPLICABLE LAW; VENUE; JURISDICTION; SEVERABILITY This Agreement and each Lease snail be governed by, enforces and construed in accordance won me laws of me state of Our WINOpal place of Names$. CL If We assign eta Agreement of a Lease, nxs laws of INS si of Ilia Ass'gai principle plat of business, and any expire concerning INS Agreement or a Lease seal be a lecieled in a federal w state Court in such slate. a In any owns court ce toms Mai jurisdiction over You or Your assets. all at dui sale selection of Lassa or its Assign. Yw hereby irrevocably sudmt generally and incamelcnalty to me jurestican of any such coal so elated by Lesser or Its Assignee In motion to suet matters and wevaably waive any defense of an Inconvenient fame to the mmmerence of any such action w processing. YOU AND WE HEREBY WAIVE YOUR AND OUR RESPECTIVE RIGHTS TO A TRIAL BY JURY IN ANY LEGAL ACTION It any wrcml chaged a collated under this Agreement a any Leasers gmatermen We amount allowed by law (an'Excess Amount'). men b) any Excess Ansrmt charged but sad yet pad will on waived by Us ad pq any Euess Amount milectod will be relrtded Is You w applied to any Omer amount men duo hereunder w therm -der Each proventh of dtls Agreement and Sam Lease shad co.rum ated to me mtemurn extent posseso to be enfaceade meet ahem Ae fax 1f any provision of cols Agreement a any Leasers construed in be unenforceable, vim Margin Snail w mehectm only to PA extent of soh merformazinty, wnnout himeaueng me remainder here0t w shortest ia. DOLLAR PURCHASE This Search only applies to Leases under weM YOU have been granted a S1.00 Purchase Option, as indicated on the related Smedute, Was respect to any such Lease, at the Said of Me meal Ter, YOU shall purchos r the Eguipmeri IS, WHERE IS' for ono dollar, (S190L prowdod however, We Shall rot be required to transfer Our Interest in me Equipment to You until You have pad to Us all amemts men awing radar such Leased any Yau i trea that Pines m antenrg tmo any sum Lease, You =a nave purchased We Equipment hem me Supplier for a mocific wan amount (the -Cash Prize'), cut instead You hereby moose one agree to purchase we EgUCtere by paying me Tim Prior (as blasted neon) aver We applimdta Imaa Ter The Time Pew aquas me sum of the Paymeris Fidum rn the reazatl Screae. FAA $1 00 It me Tim Price mid w determined w adlmlwtea to Reduce an interest component a h ame Merge Man you agree that If each Payment shall W doomed to winds an amamt of pre. computed Internal. (n) the tout precompuled mlodest scheduled to by pad over Ile Imual Tam Is to he catcualed by subiraang the Cash Paw from the Time Paw, (sit) me anneal mlMesl rate deviation appl¢dio to sue Lease is the rate that will ilmomm Ove Investment down to Si DO by applying ad penswc Payments as payee es. seeming that earn periodic Payment is receives by Us on the due dale, and fin) pone of me alma fees or coals We my merge You pwsWN to such Lease (includnt but not united to UCC tlOg foes late fans. dacumahtaztM or prows" fees) shall he=Vowed toeless or a finance Marge 35. MISCELLANEOUS Yon authmza Us air an Ass:gnce to (al obWr. wad reports a maxe veal 'reforms al weashows with Ins Agreement or any Lease. as, tin) Mai Your add MINIMUM Mid information regarding Your account to credit reporvng agencies, polelal Asughess me Supplier and parses having an econaac interest in INS Agrwrrient, a Lease ardfar IN Emotion l This Agreamml and any Schebules. eNrbts and Aber related documents (dam a'OOCon s may be executed in ceundrpab manaatly or by dordmnc manes, by armor Parry and when hanSiatled to Us by fax, electionC or other means, shall be dmmng on You for all purposes as if manually signed. No document requiring Our signature is riding on Us unit We Sign it For purposes of Perfect= of a secumy interest in chattel paper udar me UCC only me com erpan of a moment Met bears Our manuany-applied Signature and is maaed'Ongna' or vim a amlar desgeen by Us se by Get ass'gme shall =Solute'manet paper' for purposes of perfection by bossessan pmnded trial if any docemett R sdred in an adaraNe ihemmm outselling as-elecWNc Malta paper men me coemortem mearsed by Us as the Single -Aumwtaws Copy' Final be mace paper fur, purposes ol perfalen by envd. and any paper comterpat anal be deemed a copy. except to me extent mat a process es apparel by whim me ee c record of ee chattel paper has been permawnUy Walleyed or Identified as berg me non-airmorno sv0 version and a twill printed "man produced mat Idlwtes that it is me solo auWnterfive version, 0 wbM case sun tangible version shall cons am Me'Ongma' far purposes of pad== No seamy interest in a document can be perfected by possession of any counterpoit that is el me'Ongna'. it in largest farm, or by mind of the 'AW ortumve Copy- if in eeusave far Fa purposes of removing doubt as to me intention of this paragraph, any coundmarl marked -Dmpewte of vim ary other des'gnai identifying it as not being me chalta paper egina Shell be demand a copy and possession of sue wpY shot not pedea any sewnly'mwost Uamed oy me person in possession You waive notice of Our acceptanw i f me document and m am of a wpy of me ang tery signed document Natmmsdd'ng anything herein to too contrary. if YOU Sign or trWn t any moment m US electronically. We reserve me fright to mother You to sign any dowmant ..try and N delver to Us an angina of SUM document conmimrg Your manual Signalae EUeezve an the vim mat You enter and Nis Agieeeehl ad dam Sah e, ve6 hereby represent and warrant to Us that (al this Afteamscs and each such SOeCWe is legally bider, and enforceable against You in accordance wM its term as, You aWwMadge that this reresenmuen ad werri is a mawta mdKement to Us to azqure We Equipment to be leased order des Agreement and aeon schedule. and to You and any Other person who YOU control, Lersce has fevieUved this p se own a caundiing interest in. or who owns a cpnimer'g imersel m air alensium coneols You in any twiner an in Fell compliance wo as) are ad win remain s hill r Representatives') vim all LBSSOB (0111619 lows, rageletons and government gatlanw concemng foreign asset some, bade sarKens embargoes, ad the prewem ad deteC$M of honey tawdenrg, Mbe7 wpmpaan ad IepMam. and reamer YOU For any Customer Represmouve is or ebl be listed in any SmMMxdald list of designated persons mamakwd of Ine U.S Department of Trees eya Offer, of Fwmgn Assets Coma ar swookiew Or W US Department of Seem 96725638 v5(a8220,18) MPG&ILA 72017e Page of r, Connection Ix Exhibit A Equipment Lease Schedule No. 1 This Equipment Lease Schedule (this "Schodule") is made and entered Into as of the day of _ , by and between Connection Financial Services (hereinafter 'We,' or 'Our') and City of Sebastian (hereinafter -You- or -Your-) This Schedule is entered into subject to that certain Master Lease Agreement No. 2442977 between You and Us. All of the terms and conditions Sol forth In the Master Agreement are hereby reaffirmed and incorporated In and mode part of this Schedule, as if fully set forth herein The Master Agreement together with this Schedule consblue a Lease (as defined in the Master Agreement) and represent the complete and exclusive agreement between You and Us regarding the leasing of the Equipment identified below Any amendment to the Master Agreement subsequent to the date of this Schedule shall be ineffective as to this Schedule unless othenv:se expressly slated in such amendment. I.10DIFICATION. The following sentence in Section 4 of the Master Agreement entitled *4. ACCEPTANCE OF EQUIPMENT; PAYMENTS' shall be deleted and restated Dale -'Each Payment Period for a given Lease, You agree to pay Us, by the due date set forth on Our invoice to You (1) the Payment due under the related Schedule. and (it) applicable taxes and other charges provided for in the Lease. Restrictive endorsements on checks will not be binding on Us.' Rost.te-'Each Payment Period for a given Lease. You agree to pay Us, by the due date (i) the Payment due under the related Schedule, and (it) applicable taxes and other charges provided for in the Lease. Restrictive endorsements on checks will not be binding on Us' MODIFICATION. The following sentence in Section 10 of the Master Agreement entitled 'Section 10. TAXES AND OTHER FEES' shall be deleted and restated. Delete: 'With respect to each Lease, You also agree to pay Us upon demand (1) for all costs of filing, amending and releasing UCC financing Statements, and lit) a documentation/processing fee in the amount set forth in the related Schedule (or as otherwise agreed lo).' Rostata: *With respect to each Lease. You also agree to pay Us 0) a lee for filing, searching and;or filling toss injured under the Unilerm Commercial Code ('UCCI or c0er Ian in the amount set forth in the Schedule, and (ii) an origination fee in the amount set forth in the Schedule' MODIFICATION. Section 6 of the Master Agreement entitled'Section S LOSS: DAMAGE: INSURANCE' is hereby modified and replaced in its entirely with the follovng Section 6 provision 9. LOSS; OR DAMAGE; INSURANCE; COLLATERAL PROTECTION: You are responsible for any loss. theft, destruction or damage to the Equipment ('Loss'). regardless of cause, whether or not insured. You agree to promptly notify us in wining of any Loss. If a Loss occurs and we have not otherwise agreed in writing, you will promptly pay to us the unpaid balance of this Agreement, including any future Payments to the end of the term plus the anticipated residual value of the Equipment, both discounted to present value at 2%. Any proceeds of insurance will be paid to us and credited against the Loss. You agree to keep the Equipment fully insured against all risk, with us named as lender's toss payee. in an amount not less than the full replacement value of the Equipment until this Agreemem, is terminated You also agree to maintam commercial general liability insurance with such coverage and from such insurance earner as shall be Satisfactory to us and conclude us as an additional insured on the policy. You will provide written notice to us within 10 days of any modification or cancellation of your insurance policyls) You agree to provide us certificates or other evidence of insurance acceptable to us. If you do not provide us with acceptable evidence of property insurance within 30 days alter the Stan of this Agreement, we may, at our sole discretion, charge you a monthly property damage surcharge of up to .0035 of the Equipment coal as a result of our credit risk and administrative and other costs, as would be further described On a letter from us to you. We may make a profit on this program NOTHING IN THIS PARAGRAPH WILL RELIEVE YOU OF RESPONSIBILITY FOR LIABILITY INSURANCE ON THE EQUIPMENT MODIFICATION. All references within Section 11 (D) of the Master Agreement to 'discounted at a rate of 6 % per annum' are hereby replaced win 'discounted at a tale of 2%.' Except as specifically modified herein by the terms of this Schedule, all other terms and conditions of the Master Agreement are hereby reaffirmed. and shall remain unchanged and are in full force and effect We hereby agree to lease to You. and You hereby agree to lease from Us, the following described Equipment upon the terms and conditions set forth in this Schedule and in the Master Agreement: Description of Equipment — INCLUDE MAKE, MODEL AND SERIAL NUMBERS (ATTACH ADDITIONAL PAGE IF NECESSARY): See attached Schedule A Equipment Supplier. PC Connection. Inc. Equipment Location Address 1225 Main St Initial Term: 36 Months Commencement Dale of this Lease' Lease Payment Option S1,69748 per Sebastian. FL 329584165 (completed by Us following Our acceptance of this Schedule) El Month ❑ Quarter ❑ Year ❑ Other Check here ❑ if Lease Payment amount includes salesluse tax $0 00 Lease Payment(s) islate) due at the time this Schedule is signed. which shall be applied to the ❑ First Lease Payment ❑ First and Last Lease Payments ® Other: Zero advance payments, payments due In arrears Security Deposit. S Origination Fee: 7$ 5e UCC Filing Fee $40.0 Purchase Option at end of Original Term ❑ None ❑ Far Market Value as of end or Original Term El One Dollar($1.00) ❑ Other The above equipment purchase options may be exerosed by You only at the end of the Initial Term. if You are in default under the Master Agreement or this Schedule at the time You desire to exercise a purchase option. You must cure such default to Our Satisfaction before having the right to exercise such option This Schedule is non -cancelable and may not be terminated early. Connection Financial Services By: X By: x Name (Print): PPAL t CAl Date: Title: 0 .Cq vyI,&yjAGirL_ Date Signed: y.q Comertion Financial Sermes Phone 866 357.926:) ' 23:301ntersta:e3C Fax 912155-621J Connection KIP.g1WIF. TX 75150 mew w rn Financial Set ViLl'S Schedule A City of Sebastian (Quantity IManufacturer (Description 11 I I3-Year Energize Updates for Spam Firewall 300 1 3-Year Instant Replacement for Spam Firewall 300 1 13-Year Energize Updates for Series 890 11 13-Year Instant Replacement for Backup Server 890 1 13 Year Premium Support for Barracuda Backup Server 890 1 Barracuda 13-year Unlimited Cloud Storage for Backup Server 890 Lessee: City of Sebastian Signature: Title: Prtd f4; CLK Connection Financial Services Addendum to Agreement # 2442977, between City of Sebastian, as CL "your" refer to Customer. The words we," "us" and "our" refer to Lessor. The panes wish to amend the above -referenced Agreement by adding the following language: GOVERNMENT ADDENDUM AGREEMENT# 2442977 as Lessor. The words "you' and REPRESENTATIONS AND WARRANTIES OF CUSTOMER: You hereby represent and warrant to us that: (i) you have been duly authorized under the Constitution and laws of the applicable jurisdiction and by a resolution or other authority of your governing body to execute and deliver this Agreement and to carry out your obligations hereunder, (ii) all legal requirements have been met, and procedures have been followed, including public bidding, in order to ensure the enforceability of this Agreement; (iii) this Agreement is in compliance with all laws applicable to you, including any debt limitations or limitations on interest rates or finance charges; (iv) the Equipment will be used by you only for essential governmental or proprietary functions of you consistent with the scope of your authority, will not be used in a trade or business of any person or entity, by the federal government or for any personal, family or household use, and your need for the Equipment is not expected to diminish during the term of this Agreement; (v) you have funds available to pay Payments until the end of your current appropriation period, and you intend to request funds to make Payments in each appropriation period, from now until the end of the term of this Agreement; and (vi) your exact legal name is as set forth on page one of this Agreement. NON -APPROPRIATION OR RENEWAL: If either sufficient funds are not appropriated to make Payments or any other amounts due under this Agreement or (to the extent required by applicable law) this Agreement is not renewed either automatically or by mutual ratification, this Agreement shall terminate and you shall not be obligated to make Payments under this Agreement beyond the then - current fiscal year for which funds have been appropriated. Upon such an event, you shall, no later than the end of the fiscal year for which Payments have been appropriated or the term of this Agreement has been renewed, deliver possession of the Equipment to us. If you fail to deliver possession of the Equipment to us, the termination shall nevertheless be effective but you shall be responsible, to the extent permitted by law and legally available funds, for the payment of damages in an amount equal to the portion of Payments thereafter coming due that is attributable to the number of days after the termination during which you fail to deliver possession and for any other loss suffered by us as a result of your failure to deliver possession as required. You shall notify us in writing within seven days after (i) your failure to appropriate funds sufficient for the payment of the Payments or (it) to the extent required by applicable law, (a) this Agreement is not renewed or (b) this Agreement is renewed by you (in which event this Agreement shall be mutually ratified and renewed), provided that your failure to give any such notice under clause (i) or (it) of this sentence shall not operate to extend this Agreement or result in any liability to you. TITLE TO THE EQUIPMENT: If the selected purchase option for this Agreement is S1.00 or S101.00, unless otherwise required by law, upon your acceptance of the Equipment, title to the Equipment shall be in your name, subject to our interest under this Agreement. The parties wish to amend the above -referenced Agreement by restating the following language: Any provision in the Agreement stating this Agreement supersedes any invoice and/or purchase order is hereby amended and restated as follows: "You agree that the terms and conditions contained in this Agreement, which, with the acceptance certification, is the entire agreement between you and us regarding the Equipment and which supersedes any purchase order, invoice, request for proposal, response or other related document." Any provision in the Agreement slating that this Agreement shall automatically renew unless the Equipment is purchased, returned or a notice requirement is satisfied is hereby amended and restated as follows: "Unless the purchase option is $1.00 or $101.00, at the end of the initial term, this Agreement shall renew on a month -to -month basis under the same terms hereof unless you send us written notice at least 30 days before the end of any term that you want to purchase or return the Equipment, and you timely purchase or return the Equipment." Any provision in the Agreement slating that we may assign this Agreement is hereby amended and restated as follows: -We may sell, assign, or transfer this Agreement without notice to or consent from you, and you waive any right you may have to such notice or consent." Any provision in the Agreement staling that you grant us a security interest in the Equipment to secure all amounts owed to us under any agreement is hereby amended and restated as follows: 'To the extent permitted by law, you grant us a security interest in the Equipment to secure all amounts you owe us under this Agreement and any supplements hereto. You authorize and raliy our filing of any financing statement(s) and the naming of us on any vehicle title(s) to show our interest." 10162 REV 11117 Page 1 of 2 Any provision in the Agreement stating that you shall indemnify and hold us harmless is hereby amended and restated as follows: -You shall not be required to indemnify or hold us harmless against liabilities arising from this Agreement. However, as between you and us, and to the extent permitted by law and legally available funds, you are responsible for and shall bear the risk of loss for, shall pay directly, and shall defend against any and all claims, liabilities, proceedings, actions, expenses, damages or losses arising under or related to the Equipment, including, but not limited to, the possession, ownership, lease, use or operation thereof, except that you shall not bear the risk of loss of, nor pay for, any claims, liabilities, proceedings, actions, expenses, damages or losses that arise directly from events occurring after you have surrendered possession of the Equipment in accordance with the terms of this Agreement to us or that arise directly from our gross negligence or willful misconduct." Any provision in the Agreement stating that a default by you under any agreement with our affiliates or other lenders shall be an event of default under the Agreement is hereby amended and restated as follows: "You will be in default if: (1) you do not pay any Payment or other sum due to us under this Agreement when due or you fail to perform in accordance with the covenants, terms and conditions of this Agreement; (ii) you make or have made any false statement or misrepresentation to us; or (iii) you dissolve, liquidate, terminate your existence or are in bankruptcy." Any provision in the Agreement stating that you shall pay our attorneys' fees is hereby amended and restated as follows: "In the event of any dispute or enforcement of rights under this Agreement or any related agreement, you agree to pay, to the extent permitted by law and to the extent of legally available funds, our reasonable attorneys' fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee." Any provision in the Agreement requiring you to pay amounts due under the Agreement upon the occurrence of a default, failure to appropriate funds or failure to renew the Agreement is hereby amended to limit such requirement to the extent permitted by law and legally available funds. Any provision in the Agreement stating that the Agreement is governed by a particular state's laws and you consent to such jurisdiction and venue is hereby amended and restated as follows: "This Agreement will be governed by and construed in accordance with the laws of the state where you are located. You consent to jurisdiction and venue of any state or federal court in such state and waive the defense of inconvenient forum." By signing this Addendum, Customer acknowledges the above changes to the Agreement and authorizes Lessor to make such changes. In the event of any conflict between this Addendum and the Agreement, this Addendum shall prevail. In all other respects, the terms and conditions of the Agreement remain in full force and effect and remain binding on Customer. Connection Financial Services Lessor Signature Title Date City of Sebastian Customer S gnalur Cv.j O'kv)w6lbL 14D 21k it, 1 Title Date NOTE: CAPITALIZED TERMS IN THIS DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE. 10162 RE`/ 11117 Page 2 of 2 C'onnegtlOn Financial Servieps Phone 866 367-925J Y330 Interstam 3C Fax 912 r5b- 213 Connection Ms..5jmlpE Tx 75150 mv,%v r4nnPrAinn cam Financial Seivicis Software Addendum to Master Lease Agreement Master Lease 2442977 The following is only an addendum and shall only alter the terms and conditions of the Master Lease Agreement (the "Master Lease") as provided herein. All other terms and conditions remain in full force and effect. With respect to Equipment that is identified as "Software" on any Schedule the following provisions shall be applicable to such Software. Software shall be defined to include any financed software, software licenses, software support, software maintenance, and/or implementation, integration, training, technical consulting, and/or professional services in connection with a software product. ("Software," which is included in the word "Equipment" unless separately slated.) Notwithstanding any other terms and conditions of the Master Lease, in the event that any Schedule under the Master Lease includes Software, the Lessee agrees that as to such Software only: a) Lessor has not had, does not have, nor shall have, any title to such Software, but instead is only providing financing for the same; b) Lessee has executed or will execute a separate Software agreement which the Lessor is not a party to, nor has any responsibilities whatsoever in regards to such Software agreements, e.g. fees or other payments; c) Lessee has selected such Software; LESSOR MAKES ABSOLUTELY NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING SUCH SOFTWARE AND HAS NO RESPONSIBILITY FOR THE FUNCTION OF SUCH SOFTWARE OR ANY DEFECTS; d) Lessee shall indemnify, defend and hold harmless Lessor from and against any loss, cost, expense (including, without limitation, legal fees and costs) or liability incurred by the Lessor under the Master Lease or any Schedule or otherwise in any way related to or connected with the above said Software agreement(s) and in the event Lessor incurs or is threatened by such liability, then upon request of Lessor; Lessee shall promptly accelerate and pay all Iease,payments due under the Master Lease and LESSEE'S LEASE PAYMENTS AND OTHER OBLIGATIONS UNDER THIS MASTER LEASE SHALL IN NO WAY BE DIMINISHED ON ACCOUNT OF OR IN ANY WAY BE RELATED TO THE ABOVE SAID SOFTWARE AGREEMENT. None of the foregoing terms of this paragraph are intended to diminish the Lessee's obligation under the other terms and conditions of this Master Lease. Lessee grants Lessor a security interest in the Software, the Software agreement, including without limitation, Lessee's rights in the Software granted thereunder, all rights to payment under the Software agreement and all proceeds of the foregoing to secure all amounts Lessee owes Lessor under any agreement with Lessor. The following shall be additional events of default under the Master Lease: (i) Lessee fails to perform in accordance with the covenants, terms and conditions of the Software agreement, or (ii) the Software agreement is terminated, suspended, materially restricted or limited. Lessee: Cii of Sebastian By Name:y t Au1 CAatl �5uti Title: `mrti A6frL Date: rage i ul [ Sec. 2-10. Procurement of goods and services. (a) Applicability. Except as specifically set forth herein, all procurements for goods and services for the city shall fall under the ultimate responsibility of the charter officer utilizing the goods or services (hereinafter called the 'purchasing officer"), and shall be effected in accordance with this section. (b) Purchasing thresholds. Any request for the purchase of materials, equipment, services and supplies unless otherwise exempt under this section is subject to competitive bid procedures as follows: (1) Up to $2500.00—Purchasing officer or their designee may authorize purchase. (2) $2500.01 to $5,000.00—Two or more verbal quotes where practical; purchasing officer or designee may authorize purchase. (3) $5,000.01 to $15,000.00—Three or more written quotes; purchasing officer or designee may authorize purchase. (4) $15,000.01 to $25,000.00—Three or more written quotes; city council authorization required. (5) Over $25,000.00—Formal sealed bids and city council authorization required. (c) Exceptions to thresholds. (1) Joint bid: The purchasing officer shall have the authority to cooperate with other local governments or other public entities in the development and use of mutually cooperative procurement contracts or master agreements. Such contracts shall require council approval. (2) Piggyback: The purchasing officer shall have the authority to utilize contracts or master agreements of state, federal or other local governments or other public entities to procure goods and services, if the contract or agreement has been awarded through procedures substantially equivalent to the requirements of this section. The purchasing officer shall have the authority to procure goods and services if the purchase is with a person, firm, organization, or corporation whose offer to sell to the city is at sale price for that commodity equal to or lower than the existing piggyback price for the same or equal commodity being sought. All such purchases over $15,000.00 shall continue to require council approval. (3) Sole source. A contract may be awarded for goods or services without competitive bids when the purchasing officer determines in writing that there is only one practical source for the required item. Approval shall be in accordance with the dollar threshold established by this section. (4) Emergency purchase. Where the purchasing officer finds it to be in the best interest of the city, they may declare the existence of an emergency procurement condition and suspend any or all provisions of this section. Spending authority under this provision shall not exceed $25,000.00, however, if a state of emergency covering the city has been declared the limit shall be raised to $50,000.00. All emergency purchases over $15,000.00 shall be reported to council as soon as practical. As used in this section, the term "emergency" means a sudden unexpected turn of events that causes: a. An immediate danger to the public health or safety; b• An immediate danger of loss of public or private property; c• An interruption in the delivery of an essential governmental service; or d An interruption in the normal function and operation of any city department that would result in a work stoppage or other substantial monetary loss. (5) Change orders. The purchasing officer may approve cumulative changes of up to 15 percent of the total contract price. Changes in excess of 15 percent of the total contract price or any change in excess of $15,000.00 must have the prior approval of the city council. (6) Contract renewals. Any contract containing a provision for renewal may be renewed in accordance with its terms. Authorization for approval shall be in accordance with the dollar threshold established by this section. (d) Exemptions to applicability. This section shall not apply to: (1) 1as://Iibram.municadecom/nrinl.aenr9h-Rrlinnnne1m� a.urnno..........•_,,,,...oro..oiem, ne:�___. .,....._. .. .. _.. __.... __ rage 2 of 2 Purchases between the council and nonprofit organizations, other governments, or other public entities, and intragovermnental services. (2) Purchases of advertising, works of art for public display, medically related professional services, employee benefit related purchases, water, utility services, postage, shows/displays/cultural events sponsored by the city. (3) Purchase of real property. (4) Professional and personal service contracts including but not limited to attorney services, appraisers and expert witnesses services, which shall be approved by the city council if in excess of $15,000.00. (5) Procurement of goods and services when the same is governed by a mandatory procedure established by statute. (6) Franchise, sponsorship or joint enterprise agreements. (7) Any situation where compliance with this code will place the city in conflict with mandatory provisions of state law, federal law or the terms of any grant. (a) Prohibitions. No contract or purchase shall: (1) Be purposely subdivided to circumvent any requirements of this section. (2) Be made in excess of the amounts allocated from the general fund for the general classification of expenditures in the budget for the then current budget year, nor shall any expense of a special fund exceed the amount of money available to that fund. (fl Waiver. City council may waive or modify the bidding requirements for good cause. (Ord. No. 0-06-01, § 1, 2-22-06) Mom. SEBASTIAN HOME OF PELICAN ISLAND COUNCIL MEETING DATE: AGENDA ITEM TITLE CITY COUNCIL AGENDA TRANSMITTAL November 28, 2018 Execution of a multi -year contract with Connection RECOMMENDATION: Approval of execution of multi -year contract for the purchase of Anti-spam/virus email protection and Backup appliance and storage BACKGROUND: The City of Sebastian has been using Barracuda products for the past ten years. We currently use both their backup appliance with cloud storage and their email protection suite. Our previous contract was expiring on October 31, 2018, and this contract has to stay active for the City's email system to continue to function correctly and safely. Moreover, our maintenance costs have been rising yearly, and we have outgrown one of our appliances. To that effect, we started talking with Barracuda and Connection, back in July, not only to reduce our yearly maintenance costs but also to replace the backup device with a larger model. An agreement was reached, and not only did it decrease our annual maintenance costs by about $5,000 a year, but it also included the upgraded equipment. However, this deal required a new three-year contract. Since our contract was expiring at the end of October and the talks with the vendors were on -going until the last minute, we were unable to get the deal finalized in time for the only October meeting. Therefore, it was necessary that for the contract to get executed under the emergency purchase procedures. The total amount of the contract is $ 53,598.11, and it will be paid off over the following three years. The yearly payment is $17,866.03. We recommend approval of this item as it saved the city money and still provides the level of protection to the City's infrastructure that is required needed without interruption. If Agenda Item Requires Expenditure of Funds: Total Cost: $ 17,866.03 Amount Budgeted in Current FY: $ $ 22,000.00 If Cost Requires Appropriation: Amount of Appropriation Required: N/A I Fund to Be Utilized for Appropriation: General Fund, Administrative Services Department Review: / l ATTACHMENTS: Procurement Procedure Pages Connection Financial Services Agreement City Manager Authorization: Date: