HomeMy Public PortalAbout10-10 Tosiba Business Solution for the City Managers Office 1st Reading: February 10, 2010
°d Readi
2 ng: March 10, 2010
Public Hearing: March 10, 2010
Adopted: March 10, 2010
Effective Date: March 10, 2010
Sponsored by: City Manager
Ordinance No. 10-10
A ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA ACCEPTING THE QUOTE
FROM TOSHIBA BUSINESS SOLUTIONS FOR AN E—STUDIO
6530C HIGH SPEED COLOR COPIER FOR THE OFFICE OF
THE CITY MANAGER FOR A FORTY-EIGHT (48) MONTH
LEASE PAYABLE FROM ACCOUNT 17-513440;PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City of Opa-locka("City")Office of the City Manager requires the use of a
print and high speed scanning technology for its operations; and
WHEREAS,pursuant to Article III, Section 28 of the City's Code of Ordinances, the City
Manager has determined that this procurement of technology is necessary; and
WHEREAS,the City Manager is requesting authorization from the City Commission of the
City of Opa-locka("City Commission") to accept the quote from Toshiba Business Solutions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA,FLORIDA AS FOLLOWS:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby accepts the quote from
Toshiba Business Solutions and authorizes the City Manager to expend funds for the forty-eight(48)
month lease of an E-Studio 6530C High Speed Color Copier for the office of the City Manager, in
the annual amount of Three Thousand Eight Hundred Fifty-Two Dollars and Eighty-Four Cents
($3,852.84) payable from account number 17-513440.
Ordinance No. 10-10
Section 3. SEVERABILITY. If any portion,section,phrase or clause of this Ordinance
is held invalid by a court of competent jurisdiction, such ruling shall not affect the validity of the
remainder of this Ordinance.
Section 4. EFFECTIVE DATE. This Ordinance shall become effective immediately
upon passage by the City Commission.
PASSED AND ADOPTED this 10`h day of March, 2010.
JOSEPH L. KELLEY
' MAYOR
Attest to: Approved as to 4orm and legal sufficiency:
I} 1
_,�� At I'A
DEBORAH S. i'BY JOSEPH' SELLER, ESQUIRE
CITY CLERK INTE'I CI Y ATTORNEY
March 10, 2010
DATE
Moved by: HOLMES
Second by: JOHNSON
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Tydus: YES
Vice-Mayor Taylor: YES
Mayor Kelley: YES
THE MIAMI HERALD 1 MiamiHerald.com SUNDAY,FEBRUARY 28,2010 I 7ND
NOTICE TO THE PUBLIC
x ? CITY OF OPA-LOCKA, FLORIDA
U
O -o°' e°
Jac _ NOTICE IS HEREBY GIVEN that at the Regular Commission Meeting on Wednesday,March 10,2010 at 7:00 p.m.in the City Commission Chambers,777
O z— Sharazad Boulevard,the City Commission will consider the following ordinances for final adoption:
O W SECOND READING ORDINANCES/PUBLIC HEARING:
a
U y _ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA TO AMEND THE CITY COMMISSION AGENDA RULES AND PROCEDURE,
c .g. SECTION 2-45 TO CREATE A NEW NUMBER 10"REPORT FROM MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT";PROVIDING FOR INCORPORATION
N ; OF RECITALS;PROVIDING CONFLICT AND REPEALER;PROVIDING FOR SEVERABILITY AND CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE(first
m• c 1 reading held on February 10,2010).Sponsored by T.H.
0
• r a .. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,APPROVING THE VACATION OF ONE BLOCK OF DUNAD AVENUE
i m m s FROM BANU STREET TO PERVIZ AVENUE FOR THE EXPANSION OF SHERBONDY PARK;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING
U ¢ co o g FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE(first reading held on
E February 10,2010).Sponsored by C.M.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,AMENDING CHAPTER 2,ARTICLE IV,BY CREATING DIVISION 8
el co
"DRUG FREE WORKPLACE"BY PROVIDING REGULATIONS CREATING A DRUG FREE WORKPLACE;PROVIDING FOR INCORPORATION OF RECITALS;
04 m o 3 PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR SEVERABILITY AND CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE(first reading held
v v x ,d o on February 10,2010).Sponsored by D.J.
m co w to &
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,ACCEPTING THE QUOTE FROM TOSHIBA BUSINESS SOLUTIONS
E 4 FOR AN E STUDIO 6530C HIGH SPEED COLOR COPIER FOR THE FINANCE DEPARTMENT FOR A FORTY-EIGHT(48)MONTH LEASE PAYABLE FROM
d z' t ACCOUNT 17-513440;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR SEVERABILITY;
E o ~ ° PROVIDING FOR AN EFFECTIVE DATE(first reading held on February 10,2010).Sponsored by C.M.
• y N o � AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,ACCEPTING THE QUOTE FROM TOSHIBA BUSINESS SOLUTIONS
• .5 co v 1 FOR AN E-STUDIO 5520C HIGH SPEED COLOR COPIER FOR THE POLICE DEPARTMENT, PATROL AREA FOR A FORTY-EIGHT(48) MONTH LEASE
PAYABLE FROM ACCOUNT 19-524440;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR
SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE(first reading held on February 10,2010).Sponsored by C.M.
li e— i
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,ACCEPTING THE QUOTE FROM TOSHIBA BUSINESS SOLUTIONS
FOR AN E-STUDIO 4520C HIGH SPEED COLOR COPIER FOR THE POLICE DEPARTMENT,ADMINISTRATION AREA FOR A FORTY-EIGHT(48)MONTH LEASE
�� N£ PAYABLE FROM ACCOUNT 19-524440;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR
.�. pp SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE(first reading held on February 10,2010).Sponsored by C.M.
N?
omC,,# NOB AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,ACCEPTING THE QUOTE FROM TOSHIBA BUSINESS SOLUTIONS
471" - FOR AN E-STUDIO 6530C HIGH SPEED COLOR COPIER FOR THE OFFICE OF THE CITY MANAGER FOR A FORTY-EIGHT(48)MONTH LEASE PAYABLE FROM
ACCOUNT 17-513440;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR SEVERABILITY;
. ,= PROVIDING FOR AN EFFECTIVE DATE(first reading held on February 10,2010).Sponsored by C.M.
3
10 Additional information and/or copies relating to the above items may be obtained in the Office of the City Clerk,780 Fisherman Street,4th Floor,Opa-locka,
,., C 1: Florida.All interested persons are encouraged to attend this meeting and will be heard with respect to the public hearing.
O1
PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any board,agency,or commission with respect to any matter considered
L - °g at such meeting or hearing will need a record of the proceedings,and for that reason,may need to ensure that a verbatim record of the proceedings is made,
tr 23 y which record includes the testimony and evidence upon which the appeal may be based.
M:
d DEBORAH S.IRBY,CMC
CITY CLERK
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Memorandum
TO: Mayor Joseph L. Kelley
Vice Mayor Myra L. Taylor
Commissioner Timothy Holmes
Commissioner Dorothy Johnson
commissioner Rose Tydus
FROM: larance Patterson, City Manager
DATE: February 2,2010
RE: OFFICE OF THE CITY MANAGER TOSHIBA E-STUDIO 6530C
COPIER
Request: APPROVAL OF A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO AGREEMENT WITH TOSHIBA
BUSINESS SOLUTIONS FOR A E-STUDIO 6530C HIGH SPEED COLOR
COPIER FOR THREE HUNDRED TWENTY ONE DOLLARS WITH
SEVEN CENTS ($321.07) FOR FORTY-EIGHT (48)MONTH LEASE.
Description: The contract for the existing Toshiba e900 copier in the City Manager's area
reached the end of contract term while the operation needs have changed and increased in
diversity of the work created. The Information Technology Department researched several
copiers from different vendors and decided the Toshiba E-Studio 6530C offer the greatest level
of technology, cost savings and ease of use. The implementation of the 6530c copier will allow
the City to have a monthly lease payment savings with a shorter lease term agreement. The
shorter lease term agreement will allow the City to take advantage of technology changes in
copier technology while saving in operating cost. The new 6530c copier will allow the
consolidation of a copier and printer which creates a saving in printer supply cost and offer the
department services such as color printing and scanning, network scanning, a powerful range of
printing finishing options. The City will also be able to acquire a check for $1,220.00 for a E-
Studio 6530c incentive program by approving the contract prior to October 31, 2009.
Copier Lease Term Cost Savings
Toshiba E900(old) 60 Month $359.00 N/A
Toshiba E6530c(new) 48 Month $321.07 $39 Monthly
Toshiba E6530c +Incentive 48 Month $1,220.00 Credit $64 Monthly
Financial Impact:
Budgeted, Account 19-519440 Rental and Lease
Implementation Time Line: 15 days
Legislative History: None
1
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Recommendation(s): Staff recommends approval
Attachment(s):
1. Toshiba Quote
2. Xerox Quote
3. Sharp Quote
4. Toshiba E-Studio 6530c Specifications
Prepared by: Nelson Rodriguez, Information Technology Director
End of Memorandum
2
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XEROX® Lease Pricing PROPOSAL
,,,,,-
1
Monthly Pricing
Item Lease Print Charges , Plan Features
t,l,unwm t`a{{tthit k 1tY Volum,Rind 14.':Mutt t+.+t,,
1.W7675PC 5469 4Z 1:EW , Alt Punts SCE DOS? -Consumable Supplies Included for all punts
2:Color 1 -250 Included -Pricing Fixed for Tenn
251- 50.0869
2.Wit:55PC 5413.08 1:6W All Prints $0.0087 -Consumable Suppnes included for all prints
2:Color 1•250 Included •Pricing Fixed for Term
251' 50.0869
3 WC73,-5PC 5232.07 1:Total B&W All Pnnts SO 0112 -Consumable Supplies Included for all p;mis
2:Total Colo( 1 -250 Inc:lunod •Pricing Fixed for Temr
251+ 50 0759
4.WC-635PC 5232 07 is Tc:a1 G&W AP Prints $0.0142_ -Consumable Supplies Included for all prints
2:Total Color 1-250 Included -Pricing Fixed for Term
251= 50.0759
Total 51,346.64 Minimum Payments(Excluding Applicable Taxes)
V2S G?d265 12?12008 15:56:32 CorfidrndaI-Cop;Nighic 2135 XEROX CORPORATION.All rigtrs reserved. Page 2 at 2
. ...
XEROXLease Pricing PROPOSAL
--
A
Presented to City of Opa Locka SSA `11
EXCELLENCE - ' -
By lona Forbes IN EPA '..
:
On 12/112008
2008 x.
Certified Three Consecutive Years!
Pr{acg per Marion County Public Schools RFP No.3029JD,expiring 9/30/09
Prrcing'ictudes Supplies,Excluding Paper and Staples
Pricing mdudes 250 FREE Corr Copies Per Month
State or Local Gove•nment Ne t,xi.ree CorSaaot 072255430
Solution
Product Descn lion !
p I Agreement Information Trade Information Requested
Item Install Date
1.W7675PC(WC 7675 COP-PRNTR) tease Term: ED months -Toshiba E-studio 900 121221200E
-Adv.finisher•213hoe Purchase Option: FMV Return to Vendor(CRP) r;?
-Pr/COW/zit Ntwk CnU
-Cu homer Ed
-Analyst Services
2.W7655PC(WC 7655 COPIER-PRNTR) Lease Term: 60 rtnnths 12/22/2CC8
-Acv fmrsher-2/3hole PL'chase Option: FMV
-Pr;cooisen Ntwk Cnd
-Customer Ed
I -Analyst Services
r 3.WC7335PC(WC7335 PRINTER) _ease Term. 67 ir,orths -Toshiba Es udio 3500c 12/22/2008 E-
-3-tray Modu:e Pur:hase Option: FMV Return to Vendor(CRP) ;''
-Office Finisher l;,
•Customer Ed E
-Analyst Services
4.WC7335PC(WC7335 PRINTER) Lease Term: 60 months -Toshiba Estuuio 3500c 1V2212008
•3-tray Module Purchase Option. FMV Return to Vendor(CRP)
•Office Finisher
•Customer Ed
-Analyst Services
AN etarr Lion in th:s Popocai r cursrderer cunf ienoat and IS for the sole cse of City Dl Cpa Lodca. If you would ke ,
to acquire the solution rN saiDed Ti r trus proposal,we would De happy to offer a Xerox order agTernent.Pricing is Td f
saGr.7 to aedit approval and is valid until 1213112004. ��"`�+. •
,GUAI;
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For any quesoons,pizasr,contact me at(954}499-0791 '411111011
._�,.. .. _ _ ...... .mss.. - .
WS C-74155 12I1?MB 15.+5.12 Conlidencal•Copmhtt 2008 XEROX CORPORATION.All rights reserved_ Page 1 of 2
•
February 10. 2009
DELTA
BUSINESS SOLUTIONS'
City of Opa-Locka. Florida
Proposed Solution and Pricing:
One (1) New Konica Minolta C650 Copier/Printer/Scanner
• Impressions in color and black & white
• Includes;
• Automatic reversing document feeder
• Saddle finisher with punch kit
• E-copy available as an option
• 3500 sheet paper capacity
Lease Agreement:
60 Month term: $335.96 per month.
Note: For E-copy option, add: $111.70 per month.
Cost per copy charge:
• Any black & white copies: $0.01 per copy
• Any color copies: $0.06 per copy
Additional items included are:
Full Service Maintenance, all parts & labor included, except paper and staples.
Includes black drums and color toner.
Also included is equipment guarantee, emergency response time guarantee,
Replacement guarantee, and loaner protection plan
• Delivery and Setup
• Network Install and Training
SHARP
BROWARD COLLEGE
ITN NO. 808-011
\ a 1s ( x a:, v,`. . i/0v P!6-11 :5, ( !7p/_,�:
• Advanced and easy to operate features that help maximize efficiency
Simplify Document Workflow and reduce operating expense
• 70 PPM Black& White/41 PPM Color Output-Networked
• Standard 2000 Sheet Paper Drawer and 2 adjustable 500 sheet drawers
• 100 Sheet Bypass Tray
• Standard Automatic Duplex Copying& Printing
• Main Output tray 250 Sheets
• PCL5c,PCL6. optional Postscript 3, optional XPS
• Environmentally Friendly design offers low power consumption an
Long life parts
• Powerful 800 M11:true multi-tasking full color document system
• Large high resolution,wide screen color touch display
• Direct USB Scanning& Printing to memory device
• Industry leading Image SEND function scans documents to USE Devices,
Network folders, e-mail and more
Original Sizes
5 Y x 8% /11 x 17 16 lb to 110 lb index
Direct Printing
TIFF,JPEG,PCL,PRA, TXT PDF,Encrypted PDF
Postscript and XPS
PURCHASE PRICE
MX 7001N Networked 70 PPM B&13'/41 PPM Color Digital Copier
Duplex,PCL Network Printing,2000 Sheet Paper Drawer and(2) 500 sheet
Drawers and 100 Sheer Bypass inner finisher
512,555.56
LEASE PRICE
60 Month $269.32
36 Month S426.89
Sharp MX-7001N Multifinctional Copier
Full Service Maintenance
This is a Cost per Copy Full Service Agreement that includes
All Parts, Labor, Drum & Toner
Color Copies are billed based on cost per copy
Color.065/copy
No commitment Necessary
B& W Copies are based on volume bans that can be determined based on need.
1-10,000 .0079/copy
10,001-20,000 .007/copy
20001-above .0065/copy
SHARP
.BR O WARD COLLEGE
ITN NO. 808-011
,. 1- . 1 C Vii OR L f if L _ 1 l02,,. 1I_ /.) / d,'_ l t'i1'/t`
• Advanced and easy to operate features that help maximize efficiency
Simplify Document Workflow and reduce operating expense
• 35 PPM Black& White/35 PPM Color Output-Networked
• Standard 2 500 Sheet Paper Drawers and 100 Sheet Bypass Tray
• Standard Automatic Duplex Copying&Printing
• Main Output tray 500 Sheets
• PCL5c,PCL6, optional Postscript 3, optional XPS
• Environmentally Friendly design offers low power consumption an
Long life parts
• Powerful 800 MHz true multi-tasking full color document system
• Large high resolution ,wide screen color touch display
• Direct USB Scanning&Printing to memory device
• Industry leading Image SEND function scans documents to USB Devices,
Network folders,e-mail and more
Original Sizes
5 %x8 % /11x17 161bto110lbindex
Direct Printing
TIFF,JPEG, PCL,PR.N,7XTPDF, Encrypted PDF
Postscript and XPS
PURCHASE PRICE
MX-3100 Networked 31 PPM B&W/Color Digital Copier
Duplex,PCL Network Printing, (2)500 Sheet Paper Drawer and 700 Sheet
Bypass,inner finisher
S 6,005.56
LEASE PRICE
60 Month $128.82
Sharp MX-3100 Multifunctional Copier
Full Service;Iui ttenance
This is a Cost per Copy Full Service Agreement that includes
All Parts, Labor, Drum & Toner
Color Copies are billed based on cost per copy
Color.065/copy
No commitment Necessary
B& W Copies are based on volume bans that can be determined based on need.
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cs ICI
Lease Pricing PROPOSAL .+
Presented to City of Opa Locka City Manager
By Iona Forbes
On 5/8/2009
Pricing per Marion County Public Schools RFP No.3029J0,expiring 9130/09
Pricing Includes Supplies,Excluding Paper and Staples
Slate or Local Government Negotiated Contract:077165900
Solution
Product Description Agreement Inforntatiotr Trade Information Requested
Item Install Date
1.W7675PC(WC 7675 COP-PRNTR)
-Adv Finisher-213hole Lease Term: 60 months -Toshiba E-studio 900 51812009
-Prlcop/sen Ntwk Cnif Purchase Option: FMV Return to Vendor(CRP)
•Customer Ed
Arid'yst Services
Monthly Pricing
Item Lease Print Charges Matruelance Plait Features
.f,'rRltSil l'.t}j6+'=r6
r,,,,ter ?!no;t:�,',cal I..,i I';i,:,riaic
1.W7675PC $469.42 1:8W M Prints $0.0087 -Consumable Supplies Inducted for all punts
2:Color All Prints 50.0979 •Pricing Fixed for i ernt
I
Trxa1 5469.42 Minimum Payments{Excluding Applicable Taxes)
At inkxmaron ir.tfis proposal is considered confidenmt and is for the soie u_e of City of Opa LocXa Cray Manager, If alit ally_
you would like to acquire the so tr n dz nbed in this ,
( proposal.we wcu`;d he happy to offer a Xerox order agreemern. TOTAL
Ncrrg is su°;ea tc credit approval and is vatic urt,i:117/2009.
For any questions.please contact rite at(954)499-0791 ? E
WS;h7.5-s7 l:ar31,20C9 10:3t•i7 ,.;,r,darm it•Ccryrx.it9 2008 XEROX CORPORATION.it tic!L's reserved. Page 1 Cr
Sharp MX-7001N Multifunctional Copier
Full Service Maintenance
This is a Cost per Copy Full Service Agreement that includes
All Parts, Labor, Drum c& Toner
Color Copies are billed based on cost per copy
Color.065/copy
No commitment Necessary
B& W Copies are based on volume bans that can be determined based on need.
J-10,000 .0079/copy
10001-20,000 .007/copy
•
20001-above .0065/copy
1
TO 9 11 I BA True Municipal l APPLICATION NO. CONTRACT NO.
BUSINESS SOLUTIONS P
FMT�Lease Agreement
TBS LOCATION: TBSFL 6401 NOB HILL ROAD, TADIARAC,FL 33321
This document is written in"Plain English". The words you and your refer to the customer. The words Lessor,we, us and our refer to Toshiba
Financial Services. Every attempt has been made to eliminate confusing language and create a simple,easy-to-read document
CUSTOMER INFORMATION
FULL LEGAL NAME STREET ADDRESS
CITY OF OPA LOCKA 780 FISHERMAN STREET=CITY MANAGER'S OFFICE
CITY STATE ZIP PHONE FAX
OPA LOCKA FL 33054 305-953-2945
FEDERAL TAX I.D.# E-MAIL ADDRESS
BLARRALDE @OPALOCKAFL.GOV
ITEM DESCRIPTION MODEL NO. SERIAL NO.
TOSHIBA ESTUDIO6530_C_C_OL_OR COPIER WITH PRINT/SCAN
STAPLE FINISHER, RAIL KIT FOR FINISHER
LEASE TERMS LEASE PAYMENT AMOUNT_- SECURITY DEPOSIT
Term in Months
48 Payments of$ 321.07
48
(P ' $ N/A
(Plus Applicable Taxes) I
(mos.) Lease Payment Period is Monthly Unless Otherwise Indicated. (Plus Applicable Taxes)
THIS IS A NONCANCELABLE/IRREVOCABLE AGREEMENT,THIS AGREEMENT CANNOT BE CANCELED OR TERMINATED.
TERMS AND CONDITIONS
1. EMPIRE AGREEMENT: This Lease constitutes the entire agreement between the parties regarding the Equipment,and there are no other representations,warranties,promises,guarantees or agreements,oral or
written,expressed or Implied between the parties hereto with respect to the Lease or the equipment No modification or amendment hereof shall be binding upon the Lessor unless made in writing and executed on
behalf of Lessor by its duly authorized officer or agent
2. LESSEE CONVENANTS: the Lessee covenants and warrants that(1)it has,in accordance with the requirements of law,fully budgeted and appropriated sufficient funds for the current budget year to make the
rental payments scheduled to come due and to meet its other obligations under the Agreement and such funds have not been expended for other purposes;and
(2) that there is no action,suit,proceeding or investigation pending,or threatened in any court or other tribunal or competent jurisdiction,state or federal or before any public board or body,which in any way would
(a)restrain or enjoin the delivery of the Agreement or the ability of the Lessee to make its Base Rental Payments(as set out above);(b)contest or affect the authority for the execution or delivery of,or the validity of,
the Agreement;or(c)contest the existence and powers of the Lessee;nor is there any basis for any such action,suit,proceeding or investigation;and
(3) That the equipment will be operated and controlled by the Lessee and will be used for essential government purposes and will to be essential for the term of the Agreement
(4) Lessee has not previously terminated a lease for non-appropriation,except as specifically described in a letter appended hereto.
3, SIGNATURES: Each signor(two if monthly payment exceeds$1,200)warrants that he/she is fully conversant with the governing relevant legal and regulatory provisions and has full power and authorization to
bind Lessee.
Signor(s)for Lessee further warrant(s)its governing body has taken the necessary steps;including any legal bid requirements,under applicable law to arrange for acquisition of the Equipment;the approval and
execution has been in accordance with all applicable open meeting laws;and that a resolution of the governing body of Lessee authorizing execution of the Agreement has been duly adopted and remains in full force
and effect (Continued on the reverse side)
LESSOR ACCEPTANCE
Toshiba Financial Services
DATED LESSOR SIGNATURE TITLE
CUSTOMER ACCEPTANCE
X
DATED CUSTOMER SIGNATURE TITLE
PRINT NAME
X
DATED CUSTOMER SIGNATURE TITLE
PRINT NAME
ACCEPTANCE OF DELIVERY
You certify that at the equipment listed above has been furnished.that delivery and installation has been fully completed and satisfactory. Further,all conditions and terms of this Agreement have been reviewed and acknowledged.
Upon your sigrdng below,your promises herein will be Irrevocable and uncorxfitonal in all respects.
X
DATE OF DELIVERY CUSTOMER SIGNATURE TTLE
4. PURCHASE OPTION: After making all required payments,LESSEE may purchase the equipment for its Fair Market Value(FMV)which will not exceed 15%of the original equipment cost. At any other time,
LESSEE may purchase the Equipment for the then applicable"Remaining Balance"plus residual.
5. NON APPROPRIATION: In the event Lessee is in default under the Rental because:
1. Funds are not appropriated for a fiscal period subsequent to the one in which the Rental was entered into which are sufficient to satisfy all of Lessees obligations under the Rental during said fiscal period;
2. Such non-appropriation did not result from any act or failure to act of lessee;
•
3. Lessee has exhausted all funds legally available for all payment due under the Rental;and
4. There is no other legal procedure by which payment can be made to Lessor
Then,provided that(a)Lessee has given Lessor written notice of the occurrence of paragraph 1 above thirty(30)days prior to such occurrence;(b)Lessor has received a written opinion from Lessee's counsel
verifying the same within ten(10)days thereafter;and(c)the Lessee does not directly or indirectly purchase,lease or in any way acquire any services or equipment supplied or provided for hereunder;upon receipt of
the equipment delivered to a location designated by Lessor,at Lessee's expense,Lessor remedies for such default shall be to terminate the Lease at the end of the fiscal period during which notice is given;retain
the advance rental payments,if any;and/or sell,dispose of,hold,use or lease the equipment as Lessor in its sole discretion may desire,without any duty to account to Lessee.
6.LEASE AGREEMENT' You agree to lease from us the personal property described under"ITEM DESCRIPTION"and as modified by supplements to this Master Agreement from time to time signed by you and us
(such property and any upgrades,replacements,repairs and additions referred to as"Equipment)for business purposes only.You agree to all of the terms and conditions contained in this Agreement and any
supplement,which together are a complete statement of our Agreement regarding the listed equipment("Agreement)and supersedes any purchase order or outstanding invoice. This Agreement may be modified
only by written agreement and not by course of performance. You authorize us to insert in this Agreement serial numbers and other identification about the Equipment including your proper legal name,as well as
other omitted factual matters. This Agreement becomes valid upon execution by us and will begin on the rent commencement date shown and will continue from the first day of the following month for the number of
consecutive months shown.The term will be extended automatically for successive 12 month terms unless you send us written notice you do not want it renewed at least thirty(30)days before the end of any term.
Leases with$1.00 purchase options will not be renewed. THE BASE RENTAL PAYMENT SHALL BE ADJUSTED PROPORTIONATELY UPWARD OR DOWNWARD,IF THE ACTUAL COST OF THE EQUIPMENT
EXCEEDS OR IS LESS THAN THE ESTIMATE PROVIDED TO LESSEE. If any provision of this Agreement is declared unenforceable in any jurisdiction,the other provisions herein shall remain in full force and
effect in that jurisdiction and all others.
7.RENT. Rent will be payable in installments,each in the amount of the basic lease payment shown. Subsequent installments will be payable on the first day of each rental payment period shown beginning after the
first rental payment period or as otherwise agreed. The rent payable for the month of rent commencement shall be prorated from the monthly rental amount set forth above. We will have the right to apply all sums,
received from you,to any amounts due and awed to us under the terms of this Agreement. If for any reason,your check is returned for nonpayment,a$20.00 bad check charge will be assessed.
8. COMPUTER SOFTWARE: Not withstanding any other terms and conditions of the Agreement,you agree that as to software only:a)We have not had,do not have,nor will have any title to such software,b) You
have executed or will execute a separate software license agreement and we are not a party to and have no responsibilities whatsoever in regards to such license agreement,c) You have selected such software and
as per Agreement paragraph 10,WE MAKE NO WARRANTIES OF MERCHANTABILITY FOR FITNESS FOR USE AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR THE FUNCTION OR DEFECTIVE
NATURE OF SUCH SOFTWARE.
9. OWNERSHIP OF EQUIPMENT: We are the owner of the equipment and have sole title to the equipment(excluding software). You agree to keep the equipment free and clear of all liens and claims.
10. WARRANTY DISCLAIMER: WE MAKE NO WARRANTY EXPRESS OR IMPLIED,INCLUDING THAT THE EQUIPMENT IS FIT FOR A PARTICULAR PURPOSE OR THAT THE EQUIPMENT IS
MERCHANTABLE. YOU AGREE THAT YOU HAVE SELECTED EACH ITEM OF EQUIPMENT BASED UPON YOUR OWN JUDGMENT AND DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR
REPRESENTATIONS MADE BY US. YOU LEASE THE EQUIPMENT"AS IS." NO REPRESENTATION OR WARRANTY OF TBS WITH RESPECT TO THE EQUIPMENT WILL BIND US,NOR WILL ANY
BREACH THEREOF RELIVE YOU OF ANY OF YOUR OBLIGATIONS HEREUNDER.
11 LOCATION OF EQUIPMENT: You will keep and use the equipment only at your address shown above and you agree not to move it unless we agree to it. At the end of the Agreements term,you will return the
Equipment to a location we specify at your expense,in retail resaleable condition,full working order,and in complete repair.
12. LOSS OR DAMAGE: You are responsible for the risk of loss or for any destruction of or damage to the equipment No such loss or damage relieves you from the payment obligations under this Agreement.
You agree to promptly notify us in writing of any loss or damage and you will then pay to us the present value of the total of all unpaid lease payments for the full lease term plus the estimated fair market value of the
Equipment at the end of the originally scheduled term,all discounted at six percent(6%) per year. Any proceeds of insurance will be paid to us and credited,at our option,against any loss or damage.
13. COLLATERAL PROTECTION AND INSURANCE:You agree to keep the equipment fully insured against loss with us as loss payee in an amount not less than replacement cost until this Agreement is
terminated. You also agree to obtain a general public liability insurance policy from anyone who is acceptable to us and to include us as an insured on the policy.You agree to provide us certificates or other evidence
of insurance acceptable to us,before this Agreement begins or,should you wish us to waive this requirement,we will bill you and you will pay a property damage surcharge of up to.0035 of the equipment cost as a
result of our administrative costs,credit risk and other costs. We may make a profit on this program As long as you are current at the time of the loss(intentional acts are not included),the remaining balance awed
on the Agreement will be forgiven.You must be current to benefit from this program.NOTHING IN THIS PARAGRAPH WILL RELIEVE YOU OF YOUR RESPONSIBILITY FOR LIABILITY INSURANCE COVERAGE
ON THIS EQUIPMENT.
14. INDEMNITY: We are not responsible for any loss or injuries caused by the installation or use of the equipment. You agree to hold us harmless and reimburse us for loss and to defend us against any claim for
losses or injury caused by the Equipment
15. FEES: You agree to pay us any filing fees prescribed by the Uniform Commercial Code or other law. Any fee we charge may include a profit
16.ASSIGNMENT' YOU HAVE NO RIGHT TO SELL,TRANSFER,ASSIGN OR SUBLEASE THE EQUIPMENT OR THIS AGREEMENT. We may sell,assign,or transfer this Agreement without notice. You agree
that if we sell,assign,or transfer this Agreement,the new owner will have the same rights and benefits that we have now and will not have to perform any of our obligations. You agree that the rights of the new
owner will not be subject to any claims,defenses,or set offs that you may have against us.
17. DEFAULT AND REMEDIES: If you do not pay any lease payment or other sum due to us or other party when due or if you break any of your promises in the Agreement or any other agreement with us,you will
be in default. If any part of a payment is late,you agree to pay a late charge of 15%of the payment which is late or if less,the maximum charge allowed by law. If you are ever in default,we can terminate or cancel
this Agreement and require that you pay(1)the unpaid balance of this Agreement(discounted at 6%)through the end of the then current fiscal year,(2)the amount of any purchase option and if none is specified,
20%of the original equipment cost which represents our anticipated residual value in the equipment;(3)and/or return the equipment to us to a location designated by us. We may recover interest on any unpaid
balance at the rate of 8%per annum.We may also use any of the remedies available to us under Article 2A of the Uniform Commercial Code as enacted in the State of Lessor or its Assignee or any other law. If we
refer this Agreement to an attorney for collection,you agree to pay our reasonable alorney's fees and actual court costs. If we have to take possession of the equipment,you agree to pay the cost of repossession.
YOU AGREE THAT WE WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR ANY DEFAULT BY US UNDER THIS AGREEMENT. You agree that any delay or
failure to enforce our rights under this Agreement does not prevent us from enforcing any rights at a later time. It is further agreed that your rights and remedies are governed exclusively by this Agreement and you
waive lessee's rights under Article 2A(508-522)of the UCC.
18 UCC FILINGS: You grant us a security interest in the equipment if this agreement is deemed a secured transaction and you authorize us to record a UCC-1 financing statement or similar instrument.and
appoint us your attorney-in-fact to execute and deliver such instrument,in order to show our interest in the equipment.
20. CONSENT TO LAW,JURISDICTION,AND VENUE: This Agreement shall be deemed fully executed and performed in the state of Lessor or its Assignee's principal place of business and shall be governed by
and construed in accordance with its laws. If the Lessor or its Assignee shall bring any judicial proceeding in relation to any matter arising under the Agreement,the Customer irrevocably agrees that any such matter
may be adjudged or determined in any court or courts in the state of the Lessor or its Assignee's principal place of business,or in any court or courts in Customer's state of residence,or in any other court having
jurisdiction over the Customer or assets of the Customer,all at the sole election of the Lessor. The Customer hereby irrevocably submits generally and unconditionally to the jurisdiction of any such court so elected
by Lessor in relation to such matters.You waive trial by jury in any action between us.
21. ACCEPTANCE: This Agreement will be binding on Toshiba Financial Services only if Toshiba Financial Services accepts it,as evidenced only by the signature of an authorized representative of Toshiba
Financial Services. We will not be deemed to have accepted this Agreement unless(a)Our credit evaluation of Customer is satisfactory and(d)this Agreement does not contain any mathematical error or
unauthorized price change. In the event of non-approval,the sole liability of Toshiba Financial Services shall be to refund to You the amount that has been paid to Us by You upon the signing of this Agreement.
22. REPRESENTATIONS: You represent and warrant to us that(1)you have the lawful power and authority to enter into this lease,and(2)the individuals signing this Lease have been duly authorized to do so on
your behalf,(3)you will provide us such financial information as we may reasonably request from time to time,(4)all financial information provided(or to be provided)is(or will be)accurate and complete in all
material respects,(5)you will promptly notify us in writing if you move your principal place of business and(6)you will take any action we reasonable request to protect our rights in the Equipment
23392-09/19/2007
TOSHIBA CUSTOMER AGREEMENT
BUSINESS SOLUTIONS A SALES REP NAME SALES REP NO. DATE ORDER STAGE NO.
_ W.. ._,_.,..
Florida Yes PATRICIA WATTS DBS388 10/12/1009
ACCOUNT NEW i�EXISTING NATURE OF BUSINESS
'... EDU
EMAIL ADDRESS ACCOUNT NO DEPARTMENT ACCOUNT NO
CITY MANAGER'S OFFICE DBA288
I COMPANY H COMPANY
CITY OF OPA LOC KA
L CONTACT I CONTACT
BERNY LARRALDE
L ADDRESS P ADDRESS
780 FISHERMAN STREET
T CITY COUNTY T CITY COUNTY
OPA LOCKA DADE
0 PHONE FAX STATE ZIP+4 0 PHONE FAX STATE ZIP+4
305-953-2945 FL 33054
EQUIPMENT
c:1Y w.ODELS DEC,CFIP1. N SERIAL NO. UN,IPRICE EY TENDED PRICE
1 E6530C 75/65 PPM BLACK/COLOR COPIER
1 MJ1103 STAPLING FINISHER
I KN1130 RAIL KIT FOR FINISHER
SI,,.TOTAL $0.00
PURCHASE With Credit Approval Cash Net Due On Delivery ® LEASE ❑ RENTAL TERMS LELIYERY $0.00
No of Months 48 Months TAX $0.00
Credit Card No Exp Date Monthly Payments $321.07 plus tax D,c r L I;, -.LL $0.00 _
PO NO. $ $ First&Last months rent. TOTAL $0.00
CI(No. $ $ Secunty Deposit
❑Stairs El Ramp El Loading Dock PAYOFF TO: ®GEM Express
Check Request Form Required Y!N Contract#State of FL
Delivery Date:
Special Instructions- BUYOUT(Quote Required) CI ABC
P/U E900,SERIAL#EG410125 UPGRADE Y/N
Account Number
ACCEPTANCE THIS AGREEMENT IS NOT
hkh
VALID UNLESS SIGNED BY AN OFFICER x 7C F----
OF TOSHIBA BUSINESS SOLUTIONS. SALES REPRESENT IVE' AUTHORIZED CUSTOMER SIGNATURE
x x x
OFFICE APPROVAL MANAGERS APPROVAL PRINTED CUSTOMER SIGNATURE
CORPORATE OFFICE ORLANDO BRANCH MIAMI-DADE BRANCH TREASURE COAST BRANCH WEST PALM BEACH ATLANTA BRANCH
6401 Nob Hill Road 2615 Directors Row#700 6625 Miami Lakes Drive 151 SW Port St Lucie BIM. 1400 Cantrapalk BAN.,Suite 909 1 Gleniake Pkwy.Subs 1300
Tamarac,FL 33321 Orlando,Fl.32809 Miami Lakes,FL 33014 Port St.Lucie,FL 34984 West Palm Beach,FL 33401 Atlana,GA 30328
Main(954)428-1300 Mato(407)8$2.1110 Main(788)8844002 Main(772)8784199 Mein(561)684-2300 Main(770)446-2009
Fax(954)5588570 Fax(407)816-1511 Fax(305)7774841 Fax{772)8786723 Fax(561)816-4595 Fax(770)446-2683
"Pleased to be in your office. Proud to be in your community".
TOSHIBA MAINTENANCE AGREEMENT
BUSINESS SOLUTIONS M/A SALES REP NAME SALES REP NO. DATE ORDER STAGE NO.
Florida Yes PATRICIA WATTS DBS388 10/12/1009
ACCOUNT n NEW EXISTING NATURE OF BUSINESS EDU
B EMAIL ADDRESS ACCOUNT NO S DEPARTMENT
ACCOUNT N0.
CITY MANAGER'S OFFICE DBA288
I COMPANY I•I COMPANY
CITY OF OPA LOC KA
L CONTACT I CONTACT
BERNY LARRALDE
L ADDRESS P ADDRESS
780 FISHERMAN STREET
T CITY COUNTY T CITY COUNTY
OPA LOCKA DADE
Q PHONE FAX STATE ZIP+4 Q PHONE FAX STATE ZIP+4
- 305-953-2945 - FL 33054
01y h11,,mEL# PEr`-(FIPTION SEPAL NJ
UNIT F'FiUE EXTE`:DE'JPRICE
1 E6530C 7-165 PPM BLACK/ •L•R OPIER $0.00 .0.00
1 MJ1103 STAPLING FINISHER
1 KN1130 RAIL KIT FOR FINISHER -
MAINTENANCE AGREEMENT PLAN TYPE Black Color
Covers parts,labor,drums,PM kits and toner Equipment Line No
excludes,paper,staples,color toners&shipping 1 1
Covers parts,labor,drums,PM kits only.(excludes paper,toner,staples&
: shipping) Plan Type: A D
Covers parts and labor only(excludes drums,paper,toner,PM kits,staples& Base Rate of
C shipping) 0 0
CCovers parts,labor,drums,PM kits&color toner Billing Interval MONTHLY
excludes paper,staples&shipping)
E Excluded,not cover under any service program Black Color
Allowable Copies of: 0 0
Covers parts and labor for non copier equipment excludes shipping) Per Copy Pnce 0.0065 0.04
F P P (
Excess Copies Billed N/A
Meter Contact Information ( Required ) Connectivity Agreement
. Must List Quantity for all Connected Dev•
Contact Name: eBridge : °°:er month QTY
Phone Fax:
eBridge,eCopy r month QTY
Email:
Meter Remittance Internal Fiery $12,00 per month QTY
I I 'i a_i t k_ E al Fiery $15.00 per month QTY
I have reviewed Toshiba Business Solutions Maintenance Agreement I have review Toshiba Business Solutons Maintenance Agreement
Program and DO NOT want to participate at this time. Program above and on the reverse side of this document,and DO wish to
participate at this time.
x x
CUSTOMER SIGNATURE AUTHORIZED CUSTOMER SIGNATURE
Acceptance:This agreement is not valid unless signed,by an office of Toshiba Business Solutions.
x X
OFFICE APPROVAL PRINTED CUSTOMER SIGNATURE
All transactions from the 27th and 31st of the month shall be prorated to the 7th of the following month,