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HomeMy WebLinkAboutReso 2019-2904 RESOLUTION NO. 2019- 2-9'0+ A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE EXPENDITURE OF BUDGETED FUNDS WITH TOSHIBA BUSINESS SOLUTIONS FOR THE LEASE OF THREE (3) NEW COPIER/SCANNER/PRINTERS FOR THE GOVERNMENT CENTER AND PELICAN COMMUNITY PARK, IN AN AMOUNT NOT TO EXCEED TWENTY FIVE THOUSAND TWO HUNDRED FORTY- ONE DOLLARS AND FOUR CENTS ($25,241.04), PLUS ADDITIONAL PER-COPY CHARGES OF FORTY THOUSAND DOLLARS ($40,000.00) ANNUALLY, UTILIZING THE STATE OF FLORIDA CONTRACT NO. 600-000-11-1; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is in need of replacing two (2) copiers in the Government Center and one (1) at Pelican Community Park; and WHEREAS, City's staff determined that the Toshiba copiers have the appropriate copying/printing/scanning capabilities to meet the expanded copying/printing/scanning needs; and WHEREAS, the City now wishes to approve the expenditure of budgeted funds for the lease of three (3) Toshiba digital copiers to replace the outdated copiers in the Government Center and Pelican Community Park, in an amount not to exceed Twenty Five Thousand Two Hundred Forty-One Dollars and Four Cents ($25,241.04), plus additional per-copy charges of Forty Thousand Dollars ($40,000.00) annually, attached hereto as Exhibit "A", utilizing the same terms and conditions as the State of Florida Contract No. 600-000-11-1. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approving Expenditure of Budgeted Funds. The City Commission hereby approves the expenditure of budgeted funds for the lease of three (3) Toshiba digital copiers to replace the outdated copiers in the Government Center and Pelican Community Park, in an amount not to exceed Twenty Five Thousand Two Hundred Forty-One Dollars and Four Cents ($25,241.04), plus additional per-copy charges of Forty Thousand Dollars ($40,000.00) annually, attached hereto as Exhibit "A" Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things,necessary to effectuate this Resolution. Section 3. Effective Date. The Resolution shall take effect immediately upon adoption. R2019 Toshiba Copiers Lease Page 1 of 2 PASSED AND ADOPTED this 17th day of January 2019. 'COM- George George H. Scholl, Mayor ATT DiT:i 1 41r j ii II Mauri *o :etan ur, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: eity Hans O i Attorney Moved by: G)V1A6t1 SC(0)Jec- 0(.1)I1/I Seconded by: Ct lI%1(cc(OP1EC- Vt SUVA Vote: Mayor Scholl–Oket (Yes) (No) Vice Mayor Svechin —7-(Yes) (No) Commissioner Goldman (Yes) (No) Commissioner Lama ✓(Yes) (No) Commissioner Viscarra —V'(Yes) (No) R2019 Toshiba Copiers Lease Page 2 of 2 • ,otaz-isi4. city of Sunny Isles Beach 18070. Collins Avenue to J Sunny Isles Beach,Florida 33160. (305)947-0606 CityHall • • _ • 'Y OF iON l‘N" (305)949-3113'Fax . • - - MEMORANDUM • TO: The Honorable Mayor and Gib)Commission VIA: Christopher J. Russo, City Manager FROM:- Derrick L.Mas, Chief Information Officer DATE: 1/17/2019 • • • Approving Expenditure of Budgeted Funds for Lease of • RE: Replacement TOSHIBA Copiers for Government Center and.Peliban Community Park. RECONIMENDATION: • - • - IS recommended that the City.Commission approve.the attached resolution approving the lease of Copier's from Toshiba Business Solutions Florida, for.a cost.of $25,241.04, plus additional per-copy charges for. these three new and old existing City copiers, at an , estimated amount Of$40,00000 anndally. REASONS: • The City is in need of replacing 2 copiers in the Government Center, . • and 1 at Pelican Community Park. The total base .cost for the new • - copiers will be. $25,241.04, with usage and maintenance billed • Separately. The "estimated usage per fiscal year is approximately • $40,000:00. FUNDING SOURCE: . • Funding is available under account 0012-5160-444030-00090. . • ATTACHMENTS: • Description Resolution • , 3 96 l SJHNY °e ^ AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH . .. AND TOSHIBA!BUSINESS SOLUTIONS CONTRACT NO. 5249-025 c = rR OR SUN INS AG EMENT(hereinafter referred to as the"Agreement") is made in duplicate, this 2-1 day of A-MU , 2019 by and between the CITY OF SUNNY ISLES BEACH, (hereinafter referred to as City"), and TOSHIBA BUSINESS SOLUTIONS, a Florida Corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal I.D. # is 33-0864305. _- RECITALS • WHEREAS, the City of Sunny Isles Beach is in need of a Contractor to provide and maintain a total of three (3) leased Toshiba photocopy machines for use at Pelican Community Park and The Government Centcr("Services") and WHEREAS, Contractor is a certified and insured company with the necessary experience to provide the desired Services;and WHEREAS, The State of Florida, awarded State Term Contract No.: 600-000-11-1 to Contractor for the period August 4, 2010 and expiring February 3, 2019 to provide such services, which documents are incorporated herein by reference; and _ WHEREAS, the City desires to enter into an agreement with Contractor, using state term contract No: 600-000-11-1 to provide the Services subject to the terms and conditions contained herein; and WHEREAS, pursuant to the City's procurement code provisions, purchases made under state, county or other governmental contracts, or competitive bids with other governmental agencies are exempt from the City's competitive bidding procedures; and WHEREAS, the City wishes to contract with Contractor to provide the desired Services as more particularly described in Attachment'"A" a total amount not to exceed Twenty Five Thousand Two Hundred Forty One Dollars and Four Cents ($25,241.04), in addition to Forty Thousand Dollars ($40,000.00) copy maintenance charges annually, bringing the total contract amount not to exceed One Hundred Forty Five Thousand Two Hundred Forty One Dollars and Four Cents ($145,241.04) in accordance with Attachment "A". NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES. Contractor agrees to provide a total of three (3) leased Toshiba photocopy machines with capabilities to meet the expanded copying/printing/scanning needs for the use at Pelican Community Park and The Government Center. The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City'.s property, improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terns of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Section 10 hereunder, the term of this Agreement shall commence upon Notice to Proceed issued by City Manager or designee and terminate no later than thirty-six (36) months from date of issuance of the Notice to Proceed. 4. COMPENSATION. During the term of this Agreement, Contractor agrees to provide the desired Services to the City in a total amount not to exceed Twenty Five Thousand Two Hundred Forty One Dollars and Four Cents ($25,241.04), in addition to Forty Thousand Dollars ($40,000.00) copy maintenance charges annually, bringing the total contract amount not to exceed One Hundred Forty Five Thousand Two Hundred Forty One Dollars and Four Cents($145,241.04) in accordance with Attachment "B". Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "B", and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Annual payment under this Agreement shall be paid quarterly in a lump sum to be paid in advance of Services. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. The City will pay properly submitted Contractor invoices within thirty (30) days of receipt, for completed and accepted deliveries or specified iservices and/or goods, unless the City notifies the Contractor in writing of the dispute, before the payment is due. c. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, 5249-025—Toshiba Business Solutions overhead or any other expenses or costs unless dny such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms Of this Agreement. 5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for;any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor; other than those set forth in this Agreement. Contractor shall furnish its own transportation; office and other supplies as it determines necessary in carrying out its duties under this Agreement. 6. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen (15) calendar days. 7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement; procure and maintain the following minimum insurance coverages to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor; its agents, or employees, as indicated below: o Comprehensive General Liability Insurance, including broad form contractual liability coverage for all operations, including, but not limited to, Premises/Operations, Products/Completed Operations, Contractual, Independent Contractors, Personal Injury and Property Damage liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence. ❑ Worker's Compensation; as required by the State of Florida Employer's Liability. ❑ Business Automobile Liability which shall include coverage for all owned, non-owned and hired vehicles for minimum limits of not less than One Million Dollars ($1;000,000) per occurrence, One Million Dollars ($1,000.000) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000)per accident for property damage. Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or 3 5249-025—Toshiba Business Solutions self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy(ies)shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A-Excellent. ' Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required;coverage and shall be appropriately endorsed for contractual liability,with the City named;as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Contractor shall also require and ensure that each of its sub-contractors providing services hereunder(if any)procures and maintains, until the completion of the services; insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS I!N THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 8. WARRANTY OF SERVICES. 8.1 The Contractor shall warrant the labor performed for a minimum period of one (1) year from the date the Services are complete. This warranty shall be in addition to whatever rights the City may have under state or federal law. The Contractor's obligation under this warranty shall be at its own cost and expense, to promptly repair or replace (including cost of removal and installation), that item (or part or component thereof) which proves defective or fails to comply with the Agreement within the warranty period such that it complies with the Agreement. 8.2 Contractor warrants to the City that all materials and equipment furnished under this Agreement will be new unless otherwise specified and will be of good quality, free from faults and defects and in conformance with the Agreement. All equipment and materials not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by City or its designee, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within this Agreement. 8.3 Contractor shall provide to the City or its designee all manufacturers' warranties. All warranties, expressed and/or implied, shall be given to the City for all material and equipment covered by this Agreement. All material and equipment furnished shall be fully guaranteed by. the Contractor against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that are required under state or federal law. 9. DEFECTIVE WORK. 9.1 The City or its designee shall have the authority to reject or disapprove work which is found to be defective. If defective work is found, Contractor shall promptly either correct all defective work or remove such defective work and replace it with non-defective work. Contractor shall bear all direct and indirect 4 5249-025—Toshiba Business Solutions costs of such removal or corrections including cost of testing laboratories and personnel. 9.2 Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of this Agreement within the time indicated in writing by the City Manager or its designee, the City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by the City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, which is not cured in the cure period,the City may declare Contractor in default. 9.3 If, within one (1) year after the date of completion of Services or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision(s) of this Agreement, any of the work is found to be defective or not in accordance with this Agreement,Contractor,after receipt of written notice from the City or its designee, shall promptly correct such defective or nonconforming work within the time specified by the City without cost to the City.Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under this;Agreement including but not limited to any claim regarding latent defects. 9.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered or obligate the City to final acceptance. 9.5 Where the City or its designee becomes aware of faults, defects or non-conformity in any of the work provided under this Agreement or with the work being performed by the Contractor, the City or its designee shall issue a Notice to Cure to the Contractor for correction. In no event shall the failure of the City or its designee to bring to the attention of the Contractor of such faults act as a waiver or release the Contractor from responsibility or liability for such fault, defect or non- conforming work. 10. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor fails, 5 5249-025—Toshiba Business Solutions refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub-Contractor (s)) shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten(10) days written notice. The terms of Paragraph A(i)and A(ii)above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 11. JURISDICTION,VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 12. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is 6 5249-025—Toshiba Business Solutions no adequate remedy at law for such violation, the City shah have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions. 13. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Christopher J. Russo With a copy to: City Manager Hans Ottinot City of Sunny isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792-1776 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1766 If to the Contractor: Toshiba Business Solutions Attn: Sharon McNeill Executive Assistant/Manager 624 South Military Trial Deerfield Beach, FL 33442 Tel: (954) 562-3673 Email: Paul ine.Gregory@tbs.toshiba.com 14. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida. 15. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of Three (3) years. 16. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City 7 5249-025—Toshiba Business Solutions setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 17. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Stafutes Section 217.4725, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment "B". Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error,then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 215.4725. 18. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which could conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement,no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 19. INDEMNIFICATION AND WAIVER OF LIABILITY. Contractor agrees to indemnify and hold harmless, the City, its officers, agents, employees from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, agents or other personal entity acting under Contractor's control in connection with the Contractor's performance of services pursuant to this Agreement and to that extent the Contractor shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including 8 5249-025—Toshiba Business Solutions appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Contractor for this indemnity. 20. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: (i.) Contractor shall keep and maintain public records required by the City to perform the service. (ii.) Upon request from the City, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. (iii.)Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. (iv.) Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Contractor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION -OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO. PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 4th Floor, Sunny Isles Beach, Florida 33160. 21. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction,the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. 9 5249-025—Toshiba Business Solutions D. Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority to bind their respective party to this Agreement. E. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by in writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. F. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. G. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement or provision contained in any other document or attachment, including but not limited to Attachment "A" and "B". {SIGNATURES ON FOLLOWING PAGE} 10 5249-025—Toshiba Business Solutions IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESS; TOSHIBA BUSINESS SOLUTIONS q 1A�.Rc-A C ke C L BY: ji Print Name M:y�'� ' :arnes S m 'egion Pr- if •nt S)„.Dt_c4.4--6. 1 J7.0 Si<` iName ATTEST: \ CITY OF SUNNY ISLES BEACH *Ir BY: BY: _ 16/14/// /e-t•A-- /_7 Maurici• Betan r, CMC, City Clerk -_ - -. , . _ C44C(Siort�QJ .f-Usso, CiT1 M/14.44 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: aAL-0 BY: e� Department Head Han ttinotjCity Attorney 11 5249-025—Toshiba Business Solutions • FMV LEASE AGREEMENT •TOSHI -., A • TOSHIBA BUSINESS SOLUTIONS - Irt NCIAL SUMS • APPLIQATIOWMAWR • • AGREEMENT NUMBER The words you and rott►,refer to the Crtstoetr.The words Lessor,le,us,e . cam refer to Toshtbs Mand $siceo.Tho ToStokes.lb Toelts Eland mod by the terms of the Rata y Oars Niihau!, copy of gitrmsybc • abuitod fm of yDureettifoe couvtder,We ouo Gus Egalpcent,as dolt be cw,(exdud g soth'gse)ertd you have the ttouse atrr big toms OrCy 408:Mt CUSTOMER CONTACT INFORMATION WACompfiarae:CITY OF SUNNY ISLES Contact Parson: B4-To Roe:e: BO To Fox: • Baas Address:18070 COLLAS AVE ACCOUNTS PAYABLE city,state-Ztp:SUNNY ISLES BEACH, FL 33160 10 C'OLI�I $ i '3RD.FLOQ0,�38 city,S>�-zip:SUNNY ISLES BEACH,FL 33160 fit dfferest tan above) .TBS LOCATION . • Contact Marne:Pauline G StttutdstyLOCO= EQUIPMENT DESCRIPTION - _ . ITEM DEGORIPROft MODEL PID. SER IAL NO. e-STUD10650BA 65 PPM DIGITAL MONOCHROME MFP WITH DSDF ESTUQIO$3OBA '50 Sheet Finisher MJ 1111 Finisher Rail KN11O3 h r • • • 0800 onschad turn{SandUls`Al farAddIkost Wilmot ' LEASE TERM & PAYMENT SCHEDULE - .• Nam PaYMe -36. 'of8158.42 ofae jam) Loon pawl peed!etxmtOtpOakes ortasetsaMaid Erzi•dleaso opoasc Yee ned has[of SectrftyDapoeit•:$ ❑Rrcered Wiring rfl �sii 'e rstde,>"ttot Am sdiha:=zedaedrttal tam mt.!!locxh4.dfay. 4mlpn nFeec Upto$99.00 dfarfratbraoke) z RAirmeet jete egsmont riSlsl�tVeSzBpereedm®ta ngreacant�ereeetin.tr. - aR91E009404I THIS IS ANONCANCELABI. I CABLE AGREEMENT.THIS AGREEMENT CANNOT BE CANCELLED OR TERMINATED. • LESSOR ACCEPTANCE - - Toshiba Flrtandai Services &pato /_ ! � 'e.Ps, !0 r :i/d311Q CUSTOMER ACCEPTANCE You barky tte ai4 agree WY=diskal Or eta:twee s grato beim shall=eta En ento:natio and arms)otaature faze pup0se6.TEfe Agleorptztmaay be sxsuA9d sourtaiptuts.The exem9d 0:441 gamest otich lox lossatsolipind Apabno Insdiar tab Losecia possasslan 4110=mittsct4,!tp fasVol toresbdad nod 9rthe Wool CommretcklCode Ru andoha.9wtrs tatys oldscrefs tot ami purpc3e,hcbgris,ti 4hotd yrs gye:pr bei a etig of praoeed>tg Atfh mood to et Apeman!.and fj sg dr an as te xdlis masa of Ots Avierneot costsildes rte rax chi ten off*Qat papor odor ex UCC,fl mar alga mal bons eta Agceemeot to Loam by tiess of aper data* nsarsalon.Che tailored copy,upon exontXti by Lessow,deft to tdodbv up=Sas peadn Data= a row tat the fa<s4ds ehef eleertfec truovisz000der$Agreamentrronsusys by Lesow.'Oen slashed totie laerdoosothetdocfratic ocp *cod by Coto Foeel conah' mhea>dfsal amardto• pm rpm.tadm.trtQ' ,r ah Iahfietlaq thaw so d above to Ills seetlme WPF I fnana satjast to the foreving,be Faros ERdxi ayoo 04 kr purses of agothis Aeraomant W a doaispe sonad trdawolEod by fitoshro or ow eteabn{do barman std be boated as on Eke O d OM aura ahoy party on sada doxmni sbadl to on:dared as se a ate.(a}tho SOWarxd tn000ted ethos here the gree attest as a woman. d=rift gdgfaud elpetpin,and(d)al the raqxsi or to®e,Costotser,oto mate ChM Vowel sod Oanssalfed m ado by tondt 8e,or star a basariestmi abee piroida the countonsoit of this kra=al oats tit tufa aqui fncoal damage le lessor.No pity nosy rase so a daherse to the entoroeaard of this Agrataard eat a t or akar doetiodo roan adds gas need to hrigna nM1y sure of pet,to tetra Valmont lmont 8Y$IQNINe THIO KA YOU rEEPRESEHT TO US TWI YOU HAW RECE JJ O Alma PJJaD WE=MM.II Rias ArW COMMONS ON THE SECOND PACE OF A StaRaMERT.tRIS AOREEMBITLSB5WNCUPONOURACCEPTAHCEHEiECF. Nome: ire:'X iNfe: _sate: • I of 2 GEE PAGE 2 FOR ADDfT1ONAL TERMS AM CORIRTIRfBS ATTACHMENT A IFS=MY IBASH AGRIEMEMT—tale • FTERMS AND CONDITIONS 1. lease Agreement You agree to lease tom us the equipment described under'ITEM DESCRIPTION'and on any attached Schedule(hereuhafter,'wiUm all replacement parts,repairs,additions and accessories,referred to as the hent and as modified by Supplements to this Agreement from time to time signed by you and us.You authorize us to insert or cared missing information on this Agreement including your accurate legal - name,serial numbers and any other information'describing the Equipment You'authorve us to change the amount of each Payment(set forth on page 1 of this Agreement)by not mare than 15%due to changes In the equipment configuration which may occur prior to our acceptance of this Agreement or adjustments to rated applicable sales taxes.We will send you copies of any changes.You agree to provide updated annual and/or quarterly finandaf statements to us upon request You authorize us or ow agent to obtain credit reports and make credit inquiries regarding you and your financial condition and to provide your information,including payment history,to our assignees or thud parties having an economic Interest In this Agreement or the Equipment. 2. Lease Commencement This Agreement will commence upon your acceptance of the applicable Equipment When you receive the Equipment,you agree to inspect it and verify your acceptance by telephone or,at our request,by delivery of written evidence of acceptance satisfactory to us. Upon acceptance,your obligations under this Agreement will become absolute and unconditional,and are not subject to cancellation,reduction or setoff for any reason whatsoever.You agree to pay us the amounts payable under the terms of this Agreement each period by the due date in accordance a with the Term and Payment schedule set forth on page 1 of this Agreement Payments shal be delivered to our address or to such other address as we may designate in writing.You agree to pay an Interim rent payment equal to 1/30th of the monthly lease payment,multipled by the number of days between rent commencement nt date and the date of the beginning of the first rental period.For any payment that is not received by its due date,you agree to pay a late charge equal to the higher of 10%of the anaumt due or$22(rot to exceed the maximum allowed by law). 3. Security Deposit The security deposit is non interest bearing and is to secure your performance under this Agreement Any security deposit made may be applied by us to satisfy any amount owed by you in,In which event you will promptly restore the security deposit to Its full amount as set forth above.If all conditions are fully complied with and provided you have not ever been in default of the Agreement in the Default section,the security deposit sell be refunded to you atter the return of the equipment In accordance with the Return of Equipment section 4. WARRANTY DISCLAIMER:WE MAKE NO WARRANTY EXPRESS OR IMPLIED,INCLUDING,WITHOUT MUTATION,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 MD DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BY US.YOU LEASE THE EQUIPMENT AS IS°.NO REPRESENTATION OR WARRANTY WiTH RESPECT TO THE EQUIPMENT WILL BIND US,NOR WILL ANY BREACH THEREOF RELIEVE YOU OF ANY OF YOUR OBLIGATIONS HEREUNDER.YOU AGREE THAT WE WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR ANY DEFAULT BY US UNDER THIS AGREEMENT. 5. Statutory Finance Lease:You agree that this Agreement qualifies as a statutory Finance Lease under Article 2A of the Uniform Commercial Code.To the extent you are permitted by applicable law,you waive all rights and remedies provided by Article 2A(sections 508-522)of the Uniform Commercial Code. 6. Security Interest You authorize us to file a financing statement with respect to the Equipment If this Agreement is deemed to be a secured transaction,you grant us a security interest in the Equipment to secure all amounts you owe us under any agreement with us. 7. Use Maintenance and Repair of Equipment YOU WILL USE THE EQUIPMENT ONLY IN THE LAWFUL'CONDUCT OF YOUR BUSINESS AND NOT FOR PERSONAL,HOUSEHOLD OR FAMILY PURPOSES.You vnU not move the Equipment from the equipment location fisted on page 1 without our advance written consent You will give us reasonable access to the Equipment so that we can check the Equipment's existence, condition and proper maintenance.At your cost,you will keep the Equipment In good repair,condition and woildng order,ordinary wear and tear excepted.You will not make any permanent alterations to the Equipment You wiil keep the Equipment free and dear of all lens.You assign to us all of your rights,but none of your obligations,under any purchase agreement for the Equipment We assign to you all our rights under any warranties,so long as you are not in default. & Software:Except as provided in this paragraph,references to'Equipment'include any software referenced above or installed on the Equipment We do not own the software and cannot transfer any interest in it to you. You are responsible for entering into any[cense and/or other agreement(each a license Agreement')required by the applicable software supplier or software licensor no later than the effective date of this Agreement and you will fully comply with such License,If any,throughout the applicable term.We are not responsible for the software or the obligations of you or the software licensor under any license Agreement 9. Taxes and Lease Charges:You agree to pay al taxes,costs and expenses incurred by us as a consequence of the ownership,sale,lease or use of the Equipment including all sales,use and documentary stamp taxes. Any fee charged wider this Agreement may include a profit and Is subject to applicable taxes.In addition,you agree to pay us a UCC tiling fee of$35.00. 10.trdenrnity: You will indemnify and hold us harmless from any and all liabily,damages,losses or injuries including reasonable attom ey's fees,arising out of the ownership,use,condition or possession of the Equipment, except to the extent directly caused by our gross negligence or wilful misconduct.We reserve the right to control the defense and to select or approve defense counsel.Tiffs indemnity will survive the termination of this Agreement 11.Risk of Loss;insurance:You are responsible for risk of loss or for any destruction of or damage to the Equipment No such loss or damage shall relieve you from the payment obligations under this Agreement You agree to keep the Equipment fully insured against loss unit this Agreement is paid In full and to have us and our assigns named as lender's toss payee.You also agree to maintain public liability insurance covering both personal injury and property damage and you shall name us and our assigns as additional insured. Upon request;you agree to provide us certificates or evidence of insurance acceptable to us.If you fail to comply with this requirement within 30 days after the start of this Agreement(a)we have the right but no obligation to obtain Insurance covering our interest(and only our interest)In the Equipment for the lease term,and renewals.Any insurance we obtain will not Inure you against third party or liability claims and may be cancelled by us at any time.You wll be required to pay us an additional amount each month for the insurance and administrative fee. The cost may be more than the cost of obtaining your own insurance and we may make a profit You agree to cooperate with us,ow insurer and our agent In the placement of coverage and with claims;or(b)we may charge you a monthly property damage surcharge of up to.0035 of the Equipment cost as a result of cur credit risk and administrative and other acts,as would be further described one letter from us to you.We may make a profit on this program.Once an acceptable certificate or evidence of insurance is submitted,any such fees will be discontinued.If any of the Equipment is lost stolen or damaged you will at your option and cost either(a)repair the item or replace the item with a comparable item reasonably acceptable to us,or(b)pay is the sum set forth in the Remedies section. 12.Right to Perform:if you fail to comply with any provision of this Agreement,we may,at our option,perform such obligations on your behalf.Upon invoice you w"0 reimburse us for all costs incurred by us to perform such obligations. 13.Representations:(a)You represent and warrant to us that(1)you have the lawful power and authority to enter into this Agreement and(2)the individuals signing this Agreement 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 prompty notify us in writing if you move your principal place of business or there is a charge In your name,state of formation,or ownership,and(6)you will take any action we reasonably request to protect our rights in the Equipment(b)We represent and warrant to you that(1)we have the lawful power and authority to enter Indo this Agreement and(2)the individuals signing this Agreement have been duly authorized to do so on ow behalf. 14.Default You MI be In default under this Agreement It(a)we do not receive any Payment due under this Agreement within five(5)days after its due date,(b)you fail to meet any of your obligations in the Agreement(other • than payment obligations)and do not correct such default within 10 days after we send you written notice of such default,(c)you or your guarantor become insolvent,are liquidated or dissolved,merge,transfer a material portion of your ownership interest or assets,stop doing business,or assign rights or property for the benefit of creditors,(d)a petition is fled by or against you or your guarantor under any bankruptcy or insolvency law,(e) any representation made by you is false or misleading in any material respect,(f)you default on any other agreement with us or ow assigns or any material agreement with any entity,or(g)there has been a material adverse change in your or any guarantor's financial,business or operating condition. 15.Remedies:If you are in default we may,at our option,do any or all of the following:(a)retain your security deposit,if any,(b)terminate this Agreement(c)require that you pay,as compensation for loss of air bargain and not as a penally,the sum of(1)all amounts due and payable by you or accrued under this Agreement plus(2)the present value of al remaining Payments to become due under this Agreement(discounted at 2%or the lowest rate allowed by law),and(3)(i)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 or(1)return the Equipment to a location designated by us and pay to us the excess,if any,of the amount payable under douse(3)(i)over the Fair Market Value of the returned Equipment as determined by us in our reasonable discretion, (d)recover Interest on any unpaid balance at the rate of 12%per annum,and(e)exercise any other remedies available to us at law or in equity,including requiring you to i nmedtately stop using any financed software. You agree to pay our reasonable attorney's fees and actual court costs including any cost of appeal. If we have to take possession of the Equipment you agree to pay the cost of repossession and we may sell or re-rent the Equipment at terms we determine,at one or more public or private sales,with or without notice to you.You may remain liable for any deficiency with any excess being retained by us. 16.Purchase Option:At the end of the Term provided you are not in default and upon 30 days prior written notice from you,you will either(a)return all the Equipment,or(b)purchase all the Equipment as is,without any warranty to condtion,value or titre for the Fair Market Value of the Equipment as determined by us in our reasonable discretion plus applicable sales and other taxes. 17.Automatic Renewat Except as set forth in Section 16,this Agreement will automaticaly renew on a month-b-month basis after the Term,and you shall pay us the same Payments arid lease charges as applied during the Term(and be subject to the terms and conditions of this Agreement)until the Equipment is returned to us or you pay us the applicable purchase price(and taxes). 18.Return of Equipment ff(a)a default occurs,or(b)you do not purchase the Equipment at the end of thi'Temn pursuant to a stated purdiase option,you wig Immediately rerun the equipment to arty locations)we may designate in the continental United States.The Equipment must be returned in'Average Saleable Condition'and properly packed for shipment in accordance with our recommendations or specifications,freight prepaid and insured.'Average Saleable Condition'means that all of the Equipment is Immediately available for use by a third party,other than you,without the need for any repair or refurbishment Al Egr ipment must be free of markings.You wll pay us for any missing or defective parts or accessories. 19.Assignment We may.without your consent,assign or transfer any Equipment or this Agreement or any rights arising under this Agreement and in such event air assignee or transferee will have the rights,power, privileges and remedies of Lessor hereunder,but none of the obligations.Upon such assignment you agree not to assert,as against ow assignee,any defense,setoff,recoupment claim or counterclaim that you may have against us.You will not assign,transfer or sublease this Agreement or any rights thereunder or any Equipment subject to this Agreement without our prior written consent 20.Personal Property Tax(PPT):You agree at our discretion to(a)reimburse us annually for all personal property and similar taxes associated with the ownership,possession or use of the Equipment or(b)remit to us each bung period our estimate of the prorated equivalent of such taxes.You agree to pay us an administrative fee for the processing of such taxes.We may make a profit on such a fee. 21.Tax Indemnity:You agree to indemnify us for the loss of any income tax benefit caused by your acts or omissions inconsistent with ow entitlement to certain tax benefits as owner of the Equipment 22.Governing Law:BOTH PARTIES AGREE TO WAIVE ALL RIGHTS TO A JURY TRIAL.This Agreement and any supplement shall be deemed fully executed and performed in the state in which our(or,if we assign this Agreement our assignee's)principal place of business is located and shall be governed by and construed In accordance with is laws.Any dispute concerning this Agreement will be adjudicated in a federal or state court in such state.You hereby consent to personal jurisdiction and venue in such courts and waive transfer of venue. 23.Miscellaneous:This Agreement contains the entire agreement between you and us and may not be modified except as provided therein or ha writing signed by you and us,and supersedes any purchase orders.We will not accept payment in cash.If you so request and we permit the early termination of tis Agreement you agree to pay a fee for such privilege.Notices must be in witting and will be deemed given five days after mailing to your or our marling address.lf a court finds arty provision of this Agreement to be unenforceable,all other terms of that Agreement will remain in effect and enforceable.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.In no event will we charge or collect airy amounts in evrrvc of those allowed by applicable law.Tone is of the essence.You hereby adnowledge and confirm that you have not received any tax,financial,accounting or legal advice from us,or the manufacturer of the Equipment It is the Customer's sole and exclusive responsibility to ensure that all data from all disk drives or magnetic media are erased of any customer data and information.TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES,FEDERAL LAW REQUIRES All FINANCIAL INSTITUTIONS TO OBTAIN,VERIFY AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT.WHAT THIS MEANS TO YOU:WHEN YOU OPEN AN ACCOUNT,WE WILL ASK FOR YOUR NAME,ADDRESS AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU.WE MAY ALSO ASK TO SEE IDENTIFYING DOCUMENTS. 2 of 2 IFS/TBS FMV LEASE AGREEMENT—0518 _ - NON APPROPRIATION RIDER This Non-Appropriation Rider to the Lease With Maintenance Agreement No.�dated 20 or the FMV Lease Agreement No. dated , 20_(each, individually, the "Lease"), is by and between Toshiba Financial Services (Lessor)and CITY OF SUNNY ISLES BEACH I (Lessee). Capitalized terms used herein without definition shall be defined as provided in the Lease. Notwithstanding anything contained In the Lease to the contrary, • 1. Lessee presently Intends to continue the Lease for Its entire term end to pay all rentals or other payments relating thereto and shall do all things lawfully within its power to obtain and maintain funds from which the rentals and all other payments owing thereunder may be made. To the extent permitted by law,the person or entity In charge of preparing Lessee's budget will Include In the budget request for each fiscal year during the term of the Lease the rentals to become due in such fiscal year, and will use all reasonable and lawful means available to secure the appropriation of money for such fiscal year sufficient to pay all rentals coming due therein. The parties acknowledge that appropriation for rentals is a governmental function which Lessee cannot contractually commit itself in advance to perform and the Lease does not constitute such a • commitment. However, Lessee reasonably believes that moneys in an amount sufficient to make all rentals can and will lawfully be appropriated and made available to permit Lessee's continued utilization of the Equipment in the performance of its essential functions during the term of the Lease. 2. If Lessee's governing body fails to appropriate sufficient moneys in any fiscal year for rentals or other payments due under the Lease and if other funds are not available for such payments, then a'Non-Appropriation" shall be deemed to have occurred. If a Non-Appropriation occurs,then: (i)Lessee shall give Lessor Immediate notice of such Non-Appropriation end provide written evidence of such failure by Lessee's governing body at least sixty(SO)days prior to the end of the then current fiscal year or If Non-Appropriation has not occurred by that date,Immediately upon such Non-Appropriation;(iI)i no later than • the last day of the fiscal year for which appropriations were made for the rentals due under the Lease(the'Return Date'), Lessee shall return to Lessor all,but not less than all,of the Equipment covered by the Lease,at Lessee's sole expense,in accordance with the terms hereof;and(Ili)the Lease shall terminate on the Return Date without penalty or expense to Lessee and Lessee shall not be obligated to pay the rentals beyond such fiscal year,provided,that Lessee shall pay all rentals and other payments due under the Lease for which moneys shall have been appropriated or ere otherwise available, provided further,that Lessee shall pay month-to-month rent at the rate sat forth In the Lease for each month or part thereof that Lessee fails to return the Equipment as required herein. 3. The Lease shell be deemed executory only to the extent of monies appropriated and available for the purpose of the Lease,and no liability on account thereof shall be incurred;by the.Lessee beyond the amount of such monies. The Lease Is not a general obligation of the Lessee. Neither the full faith and credit nor the taxing power of the Lessee are pledged to the payment of any amount due or to become due under the Lease. It is understood that neither the Lease nor any representation by any public employee or officer creates 'any legal or moral obligation to appropriate or make monies available for the purpose of the Lease. 4. The Lessee end Lessor agree that they intend the Lease to be an operating lease and that by the execution thereof, Lessee acquires no ownership interest in the Equipment whether vested or contingent. The Lessee's interest in the Equipment is limited to that of a lessee and Lessor retains all the rights of owner therein. Any provisions indicating to the contrary in this Rider are for precautionary purposes only. IN WITNESS WHEREOF, each of the parties hereto has caused this Rider to be executed as of the_day of 20 Toshi.: Financial Services CITY OF SUNNY ISLES BEACH • ( .:ss ) • (Lessee) • By • / 41. (Date) dAL (Date) Name' I-� �' � •- Name/Titie :SALES ORDER ' TOSHI,BA BUSINESS SOLUTIONS so-I .0.0 SALES PACKET tiUMBER ti R DATE Sates Ra satla Pauline Gregory 12/16f2018 clmtrndrlae:CIN OF SUNNY ISLES • BIEN AtkInxic 18070 COLLINS AVE ACCOUNTS PAYABLE Mane t mal Fact Mdties Z Carttr]c Cuataaer RIM SUNNY ISLES BEACH elate:FL 2:33160 *hat EQUIPMENT ANt)SL!P LIES QTY. EQUIPMENT&ACCE880RtES PRODUCT NUMBER SERLAL NUMBER UNIT PRICE AMOUNT 1 eaatiataeReaeaPFa7MNlAL69:0=1111061E Wt1110901 MTh=8508A SEE LEASE 1 50 Shea!FIn[stter MJ1111 1 FIntsfierRail KN1103 SPECIAL INSTRUCTIONS IIL;'r(7tr I SEE LEASE $158.42 PER MONTH/ MONTH -TERMS AND CONDITIONS oars PER THE STATE OF FLORIDA CONTRACT##800-000-11-1 EOIJSecuritat Professional Fees Conneclivity Foes More Fess Sales T'ftx%S Tax Patd Advance Pald SEE LEASE 'Yee Rteapho [yea 4AW a0$ ®are maiaaacunaInRealatna. gy4,VtdnOdldrLntIDret,unmeant effpwl+Aeat4Qethobs hadiread sod eadueleodUI.latohtand flCghthheIOlthb eamerant 1.Lm[oedwattnpt,ltearLwcefnr,6lwdutrwet loDRCetrofea 11 beattnkWend e:altydemtbedlh NoaataenMeott%GbhEaHefdn$of tri mes*orMulti.Wisgkio+I(Ohmic=Um hithbrartanhf rpe1T Whim obey 033J tor:tee C e raid deo orkaht4Cen b tho mar of nem Fodt,et Oft{90}days relent%6175a7 date efbxV:am hies ca a et Inc]er eoovAtbwd porta Oe sem cl Kt tchal,.hIarea,ouch weds bet heaters mpel'ee recites mora d d e•a mew,1:7111 n Marge!ane subesitylka Get the goods tans boon tatted.>m t*mIYtamnk end prated to eeo.idnie+dh 6a adles nmetddfms ca doah riot r. era The ii a mr t eta eh hi a+r' wfhafh« u won't*of Ocean a Ip�d ed au..and bat plsot tArtrmc=.re. °medlm rt raeomamrlrna.h Gal eat=and Bx Ea petal at fmo pzekrod etc+e,etaH anfatI Mlfmfnt of Ib If0.3Aa of 1e&tkt to the W doom(laf tweed to co attn7 get craw w t&tetom'Lased m=rock Wpm*,OW reheat/Aid ed eise. PreaWeaahfac]C lit I• , TES ACCEPTANG- - • - rtat cia &. ." 'ter Isnatcatx ,f / / i i - -Mg ! (7060-/- Dec 1/a 5/I Sds,LE3ORDEROS1e :. MAINTENANCE CONTRACT SCHEDULE V ' BUSINESS SOLUTIONS MAS-2 . O . O SALES PACKET NUMBER DATE Sales Representative: Pauline Gregory 12/16/2018 Customer Name: CITY OF SUNNY ISLES POOL DETAILS '°= `s" -DESCRIPTION: Mono Pool MAKE/MODEL DESCRIPTION LOCATION SERIAL NUMBER STARTING METER ESTUDIO6508A ^9"nro°m°"°'PPM MORN.MONOCHROME MF°""TM°so` POOL TOTALS Payment Excess Billing Type Includes Units Minimum Payment Frequency Excess Charge Frequency CPP 0 Images 1 $0.00 Monthly $0.00415 Monthly POOL DETAILS • DESCRIPTION:, MAKE/MODEL DESCRIPTION I LOCATION SERIAL NUMBER STARTING METER POOL TOTALS Payment Excess Billing Type Includes Units Minimum Payment Frequency Excess Charge Frequency Customer Initials 1 of 1 AIMS MAINTENANCE CONTRACT SCHEDULE-0518 • T©SHHE A STATE OF FLORIDA CONTRACT#600-000-11-1 CITY OF SUNNY ISLES DEALER/RESELLER: TOSHIBA AMERICA BUSINESS SOLUTIONS INC F11692 656-PICK UP SEGMENT 4.3 MONOCHROME 3B-3RD FLOOR-GOVT CTR SPEED:61 -69 PAGES PER MINUTE TOSHIBA e-STUDI06508A , SPECIFICATIONS •Copy/Print Resolution-600 x 600 dpi Ata time when the economy is shifting and •Scan Resolution-Up to 600 dpi businesses are cutting back,the e- •Copy/Print Speed-65 PPM(Letter) -2,4; = �,, - STUDIO6508A multifunctionetm creates - m •Fust Copy Out Time-5.2 Sec(Letter) -,:,; ",`. opportunities to operate with greater • efficiency. Gain a competitive edge-or an Warm-Up lime-Approx.24 Seconds 'i , unfair advantage with copy and print speeds •Maximum Paper Capacity-6,020 sheets ^�° of 65 pages-per-minute,and a unique saddle •Paper Sizes-Letter,Legal,and Ledger -- s: -` stitch option that allows you to use letter, •Duty Cycle-590,000 Copies -t,," ,",;:..,'e:".'-‘.r"' "_ legal,or ledger-sized papers. I PRICING ,_$158.42 per month,/36 month term Lease(Monthly) { r �, .--' 74 r:'.1,-;.;..1.2`_ .. 1:35 ; - - .T:: `:0-_-'o..�, r.I '1r,_ i Ot tir f. t.-1"�� ',:f j=, ��-' !..i.',361.14:,,,-,-,_, ht`s "-.Z`r�`,p. .f,,l la., --.. ..v"+K Part Number' "- Descnption -_.r. `"'` Y .i,t,}?i 2Z:4.� i, Retailr,A Purchase §,'...-:,24M.4'.` e4 F 36M ,, ML48M,••,ru CPC - eTUDI06508A. 65 cpm Digital Copier - .. " $29,376 $4,309 $190.89 "$129.53 $98.85 0.00415 MP2502 2500 Sheet Large Capacity Feeder $1,783 $510 $22.59 $15.33 $11.70 MJ1111 50 Sheet Stapling Finisher $3,201 $937 $41.51 $28.17 $21.49 MJ1112 Saddle Stitch Finisher $4,897 $1,434 $63.53 $43.11 ' $32.90 KA6551 Side Exit Tray $58 $12 $0.53 $0.36 $0.28 MJ6106 Hole Punch Unit for MJ1111&MJ1112 $811 $238 $10.54 $7.15 $5.46 KN1103 Finisher Rail i $84 $24 $1.06 $0.72 $0.55 GQ1280 Coin Controller Harness Kit I $83 $42 $1.86 $1.26 $0.96 PWRFLTR-XGPCS20DINext Gen PCS Power Filter,120V-20 AMPS ! $1,173 $121 $5.36 53.64 $2.78 I GN4020 Wireless LAN/Bluetooth Module I $629 $319 $14.13 $9.59 $7.32 GR1250 Accessory Tray(Keyboard Shelf) S99 $34 $1.51 $1.02 S0.78 GR1260 Panel 10 Key Option $99 $34 $1.51 $1.02 S0.78 GR9000 Bluetooth Wireless Keyboard $99 $34 $1.51 $1.02 $0.78 GR1270 USB Hub $109 $40 $1.77. $1.20 $0.92 GR1290 Card Reader Holder(Requires GR1270) $99 $34 $1.51 $1.02 $0.78 G$1010 Meta Scan Enabler for e-CONNECT $524 $218 $9.66 $6.55 $5.00 GB1280V8 Re-Rite Software I $2,999 $462 $20.47 $13.89 $10.60 GS1080 'Embedded OCR Enabler 1 License $775 $253 $11.21 $7.61 $5.80 G$1085 Embedded OCR Enabler 5 Licenses $2,995 $1,126 $49.88 $33.85 $25.83 GS1090 IMuitiStation Print Enabler 1 License $195 $57 $2.53 $1.71 $1.31 G$1095 IMutti-Station Print Enabler 5 Licenses $695 $218 $9.66 $6.55 $5.00 GS1007 IUnicode Font Enabler $275 $229 $10.14 $6.88 $5.25 GP1080 IPSEC Enabler I $799 $437 $19.36 $13.14 $10.02 GD1370 Fax Unit/2nd Line Fax Unit $1,025 $411 $18.21 $12.35 $9.43 T5508U Black Toner(Warranty Period Only) N/A S102 STAPLE2400 Staples=MJ1111/MJ1112 N/A $96 (1 box=5,000 st x 3) STAPLE3100 Staples=MJ1112 N/A $79 (1 box=2,000 st x 4) • FMV LEASE AGREEMENT TOHI A TOSHIBA. • BUSINESS SOLUTIONS _ lrglAtillIALSintatSJ • cAnolt A6riEtIElTtlult68 • The trade yen Ind your,reser to t e CusIcme,The words Lee w.we,ua,stn «cr tD T r %Mom The Toshiba Equipment la oavered by to tarots oipe Toe Ma Qua*Qalamttenea ei copy MAIM may be L - obtained foe your sate provider. We ote the Ectutonlani.ars Coned beeow,(exckrdrtg ec arej end you have the tight to tale Rusder.ale Lean of Ole Agreement. CUSTOMER CONTACT INFORMATION Legal Com Calppany :CITY OF SUNNY ISLES BEACH .alt; Cental Petsort 8111•To Potion; 13 To Fax KIN :18070 GOWNS AVE ACCOUNTS PAYABLE.city,state-Zip:SUNNY ISLES BEACH,FL 33180 _ L°'6 p ICAN PAf�K'98115 NORTH BAY RD City,Siete-Zip SUMY ISLES BEACH,FL 33180 adores .. - TBS LOCATION - • • DITifict NEM%Pauline Gregory - Sulorthfary Warm : EQUIPMENT DESCRIPTION • - • • PTEAtDESCSIPTION MODELNO. S—NO. e-STUDIQ6506AC 65 PPM COLOR 75 EX MFP WITH DSDF 4 DRAWER ESTUDI085OSAC . 2,500 Sheet Large Capacity Feeder MP2502 50 Sheet Finisher 4.11111 Finisher Rail KN1103 Hole Punch Unit for MJ4111 &111.4,11112 MJ6106N • • - ❑aeoelta Sdedform( »dula"A'forAdd aalEGt>tpment LEASE TERM &PAYMENT SCHEDULE La mpe:m utRendit= eMassOvalsal eetet Endageaseepos: Number of Payments: 35 a3I$356.45 fr+ Vaisya rate are tekettro ivRea at els end dire►ertghral lege,ctolded the kreeerwnt hse not Secwtt'Deposit ❑RacoY/4 taatoredeary1noeantetMeltundertheAgreementbeeecwreedendtsaAtlreL-g . Orta alton Fee: Up to MOO ( to Firatcwatce) z rt adr n 17.tifs:Soergo per men te, Att�eerdontr. - a.Retmtsra. THIS IS A NONCANCELABLE I IRREVOCABLE AQREEMENT.±.Th•IIS AGREEMENT CANNOT BE CANCELLED OR TERMINATED. LESSOR ACCEPTANCE Toshiba Financial Services X80=",ap _ 01P AM 4 I �fDatr. t/a3 1 cus-romor ACCEPTANCE Yap tvoyt~ edia and wen teat poutcdPool or oleo:rob e'hlee4uu bexw 01=Ws on erg end Menai e4zatos to tl puvaaea 1T a ABS iesr be'ateded bcblabrparte,The erxRA9d wits.ecputlYpddr hes Lamas u Gel stu b.worts to Woes poosialee eh3l muftis creedal paper as thatterm to dAbid tnthe Insure Cosoaende1 Code CUM end eha2 matte t e ortglsed egreccani4er ea mow,fret Hn *to xdr (i)priy stoaterpzo ming tfr rasped h sN Aar,mora{a}mmraydote menace as toetob valor at this Agent am-Levies the shots CdA AIM ComWCtHoi pspar ender the 1MCC.flCsstmor er stgns end begs ate A®re ird to laxer by few or*hot atsd7rcto tram the bmindasicopy,open marl/on Ey Lessor,shill to Rem up=au ptdes Customer oven pat thakewi or otheteteclronkeaagaps:gmoiQAAvenelGm*shedbyLsa:etei Cashel mtirotame%eao9rer*trade copy stood byCustooxellitletoor f tor ea mom Inducing,%awl Errata;arose outhed Acme h Sedion.Vailoel Rattly ed subNct , pees draw apse ttal.(omen of wood iv ttls Aoseentst to)a deferred OW ed trarsatdDtd caw aalc frainndenlon ettej ie Caetod as os( t docu L b> of a p an ends dement thee be=Heed ae ea e4Umd atnature(c}leo did traneretsd tee tom the sees tr3RA es a mane urea nate me.and(0)et the moat of Lusar,Colmar.elm e>xak d this kranment:TJ baro fitted as stone`.=ty feetrte.or eats rkthoek trezerre to ahe9 praids the corftpert of We Agroani mrdah'lne Costoroefe Opel manual algnahue to Lessor.Ito party rear admit a defense to the erdomer eel of 4b Apee:eesl tat a woo et mer eletlretobersoelsimeras used to Iscardany testae eta pts to ete Asseefneei BY ttiGICNG THIS PALES,YOU SRT W re MAT VC ItIOS MUM MD READ TiiA MOROUM.1> mte MD cantTIOISAPPEAEBtiteQS THE SECONDPAGE OPINBA tEt4T,110SAMOUNT 1SREIHDINOIEPGtIOtraACCIanattaiE1#OA. Name: Iter ore: X� —Fre; 1012 Ca PAN FOR ADDITIOHALTERM An COFI41TtN S • TFSITBS FAN LEASE AGREE/EMT—n6� TERMS AND CONDITIONS - 1. Lease Agreement You agree to lease from us the equipment described under'ITEM DESCRIPTION'and on any attached Schedule(hereinafter,with all replacement parts,repairs,additions and accessories,referred to as the'Equipment')and as modified by Supplements to this Agreement from time to time signed by you and us.You authorize us to insert or correct missing information on this Agreement,inducting your accurate legal name,serial numbers and any other Information describing the Equipment You authorize us to change the'amount of each Payment(set forth on page 1 of this Agreement)by not more than 15%due to changes In the equipment configuration which may occur prior to our acceptance of this Agreement or adjustments to reflect applicable sales taxes.We will send you copies of any changes.You agree to provide updated annual andlor quarterly financial statements to us upon request.You authorize us or our agent to obtain credit reports and make credit Inquiries regarding you and your financial condition and to provide your information,including payment history,to our assignees or third parties having an economic interest In this Agreement or the Equipment 2. Lease Commencement This Agreement will commence upon your acceptance of the applicable Equipment When you receive the Equipment,you agree to inspect it and verify your acceptance by telephone or,at our request,by delivery of written evidence of acceptance satisfactory to us. Upon acceptance,your obligations under this Agreement will become absolute and unconditional,and are not subject to cancellation,reduction or setoff for any reason whatsoever. You agree to pay us the amounts payable under the terms of this Agreement each period by the due data in accordance with the Term and Payment schedule set forth on page 1 of this Agreement Payments shall be delivered to our address or to such other address as we may designate in writing.You agree to pay an Interim rent payment equal to 1/30th at the monthly ly lease payment,multiplied by the { number of days between rent commencement date and the date of the beginning of the first rental period.For any payment that is not received by its due date,you agree to pay a late charge equal to the higher of 10%of the amount due or 522(not to exceed the maximum allowed by law). 3. Security Deposit The security deposit is non interest bearing and Is to secure your performance under this Agreement Any security deposit made may be applied by us to satisfy any amount owed by you in,in which event you will promptly restore the security deposit to its full amount as set forth above.If all conditions are hilly complied with and provided you have not ever been in default of the Agreement in the Default section,the security deposit will be refunded to you after the return of the equipment in accordance with the Return of Equipment section. 4. WARRANTY DISCLAIMER:WE MANE NO WARRANTY EXPRESS OR IMPLIED,INCLUDING,WITHOUT LIMITATION,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 U&YOU LEASE THE EQUIPMENT'AS IS'.NO REPRESENTATION OR WARRANTY WiTH RESPECT TO THE EQUIPMENT WILL BIND US,NOR WILL ANY BREACH THEREOF RELIEVE YOU OF ANY OF YOUR OBLIGATIONS HEREUNDER.YOU AGREE THAT WE WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR ANY DEFAULT BY US UNDER THIS AGREEMENT. 5. Statutory Finance Lease:You agree that this Agreement qualifies as a statutory Finance I was..under Article 2A of the Uniform Commercial Code.To the extent you are permitted by applicable law,you waive all rights and remedies provided by Article 2A(sections 508-522)of the Uniform Commercial Code. 6. Security Interest You authorize us to file a financing statement with respect to the Equipment H this Agreement is deemed to be a secured transaction,you grant us a security interest in the Equipment to secure all amounts you owe us under any agreement with us. • 7. Use Maintenance and Repair of Equipment YOU WILL USE THE EQUIPMENT ONLY IN THE LAWFULICONDUCTOF YOUR BUSINESS AND NOT FOR PERSONAL,HOUSEHOLD OR FAMILY PURPOSES.You will not move the Equipment from the equipment location listed on page 1 without our advance written consent You will give us reasonable access to the Equipment so that we can check the Equipments existence, condition and proper maintenance.N your cost,you win keep the Equipment in good repair,condition and worimng order,ordinary wear and tear excepted.You will not make any Permanent alterations to the Equipment You wilt keep the Equipment free and dear of all Rens.You assign to us all of your rights,but none of your obligations,under any purchase agreement for the Equipment We assign to you all our rights under any warranties,so long es you are not in default 8. Software:Except as provided in this paragraph,references to'Equipment'include any software referenced above or installed on the Equipment We do not awn the software and cannot transfer any interest in it to you. You are responsible for entering into any license and/or other agreement(each a'License Agreement')required by the applicable software supplier or software licensor no later than the effective date of this Agreement and you will fully comply with such license,M any,throughout the applicable term.We are not responsible for the software or the obligations of you or the software licensor under any License Agreement 9. Taxes and Lease Charges:You agree to pay at taxes,costs and expenses incurred by us as a consequence of the ownership,sale,lease or use of the Equipment,inducting all sales,use and documentary stamp taxes. My fee charged under this Agreement may include a profit and is subject to applicable taxes.In addition,you agree to pay us a UCC filing fee of 535.00. 10.Indemnity: You will indemnify and hold us harmless torn any and all liabilty,damages,losses or injuries inducting reasonable attorney's fees,arising out of the ownership,use,condition or possession of the Equipment except to the extent tiredly caused by our gross negligence or willful misconduct.We reserve the right to control the defense and to select or approve defense counsel.This indemnity will survive the termination of this Agreement 11.Risk of Loss;insurance:You are responsible for risk of loss or for any destruction of or damage to the Equipment No such loss or damage shall relieve you from the payment obligations under this Agreement You agree to keep the Equipment fully Insured against loss until this Agreement is paid in full and to have us and our assigns named as lender's loss payee.You also agree to maintain public liablity insurance covering both personal injury and property damage and you shall name us and our assigns as additional insured. Upon request,you agree to provide us certificates or evidence of insurance acceptable to us.If you fail to comply with this requirement within 30 days after the start of this Agreement(a)we have the right but no obligation to obtain insurance covering our interest(and only our interest)in the Equipment for the lease term,and renewals.Any insurance we obtain wil not t sure you against third party or liability claims and may be cancelled by us at any time.You win be required to pay us an additional amount each month for the insurance and administrative fee. The cost may be more than the cost of obtaining your own insurance and we may make a profit You agree to cooperate with us,our insurer and our agent in the placement of coverage and with claims;or(b)we may charge you a monthly property damage surcharge of up to.0035 of the Equipment cost 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.Once an acceptable certificate or evidence of insurance is submitted,any such fees will be discontinued.If any of the Equipment is lost,stolen or damaged you will at your option and cost, either(a)repair the item or replace the item with a comparable item reasonably acceptable to us,or(b)pay us the sum set forth in the Remedies section. 12.Rigid to Perform:If you fail to comply with any provision of this Agreement,we may,at our option,perform such obligations on your behalf.Upon invoice you will reimburse us for all costs incurred by us to perform such obligations. 13.Representations:(a)You represent and warrant to us that(1)you have the lawful power and authority to enter into this Agreement and(2)the individuals signing this Agreement 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 or there is a change in your name,state of formation,or ownership,and(6)you will take any action we reasonably request to protect our rights in the Equipment(b)We represent and warrant to you that(1)we have the lawful powar and authority to enter into this Agreement and(2)the individuals signing this Agreement have been duly authorized to do so on our behaif. 14.Default You will be In default under this Agreement it(a)we do not receive any Payment due under this Agreement within fore(5)days after its due date,(b)you fail to meet any of your obligations in the Agreement(other than payment obligations)and do not correct such default within 10 days after we send you written notice of such default,(c)you or your guarantor become insolvent,are liquidated or dissolved,merge,transfer a material portion of your ownership Interest or assets,stop doing business,or assign rights or property for the benefit of creditors,(d)a petition is filed by or against you or your guarantor under any bankuptcy or insolvency law,(e) any representation made by you is false or misleading in any material respect,(f)you default on any other agreement with us or our assigns or arty material agreement with any entity,or(g)there has been a material adverse change in your or any guarantor's financial,business or operating condition. 15.Remedies:t you are in default,we may,at our option,do any or all of the lobo ing:(a)retain your security deposit,t any,(b)terminate this Agreement(c)require that you pay,as compensation for Loss of our bargain and not as a penalty,the sum of(1)all amounts due and payable by you or accrued under this Agreement plus(2)the present value of all remaining Payments to become due under this Agreement(discounted at 2%or the lowest rate allowed by law),and(3)(i)the amount of any purchase option and,M none Is specified,20%of the original equipment cost,which represents our anticipated residual value in the Equipment or(o)return the Equipment to a location designated by us and pay to us the excess,if arty,of the amount payable under clause(3)(i)over the Fair Market Value of the returned Equipment as determined by us in our reasonable discretion, (d)recover interest on any unpaid balance at the rate of 12%per annum,and(e)exercise any other remedies available to us at law or in equity,Including requimhg you to immediately stop using any financed software. You agree to pay our reasonable attorneys fees and actual court costs including any cost of appeal. M we have to take possession of the Equipment you agree to pay the cost of repossession and we may sell or re-rent the Equipment at terms we determine,at one or more public or private sales,with or without notice to you.You may remain liable for any deficiency with any excess being retained by us. 16.Purchase Option:At the end of the Term provided you are not in default,and upon 30 days prior written notice from you,you will either(a)return all the Equipment,or(b)purchase all the Equipment as is,without any warranty to condition,value or title for the Fair Market Value of the Equipment as determined by us in our reasonable discretion plus applicable sales and other taxes. 17.Automatic Renewal:Except as set forth In Section 16,this Agreement win automatically renew on a month-to-month basis after the Term,and you shall pay us the same Payments and lease charges as applied during the Term(and be subject to the terms and conditions of this Agreement)until the Equipment is returned to us or you pay us the applicable purchase price(and taxes). 18.Return of Equipment if(a)a default occurs,or(b)you do not purchase the Equipment at the end of the Term pursuant to a stated purchase option,you will immedetely return the equipment to any locations)we may designate in the continental United States.The Equipment must be returned in'Average Saleable Condition'and property packed for shipment in accordance with our recommendations or specifications,freight prepaid and insured.'Average Saleable Condition'means that all of the Equipment is immediately available for use by a third party,other than you,without the need for any repair or refurbishment An Equipment must be free of makings.You will pay us for any missing or defective parts or ate. 19.Assignment We may,without your consent,assign or transfer any Equipment or this Agreement,or any rights arising under this Agreement and in such event our assignee or transferee will have the rights,power, privileges and remedies of Lessor hereunder,but none of the obligations.Upon such assignment you agree not to assert,as against our assignee,any defense,setoff,recoupment claim or counterclaim that you may have against us.You will not assign,transfer or sublease this Agreement or any rights thereunder or any Equipment subject to this Agreement without our prior written consent• • 20.Personal Property Tax(PPT):You agree at our discretion to(a)reimburse us annually for all personal property and similar taxes associated with the ownership,possession or use of the Equipment or(b)remit to us each billing period our estimate of the prorated equivalent of such taxes.You agree to pay us an administrative fee for the processing of such taxes.We may make a profit on such a fee. 21.Tax Indemnity:You agree to indemnify us for the loss of any income tax benefit caused by your acts or omissions inconsistent with ow entitlement to certain tax benefits as owner of the Equipment 22.Governing Law:BOTH PARTIES AGREE TO WAIVE ALL RIGHTS TO A JURY TRIAL This Agreement and any supplement shall be deemed fully executed and performed In the state In which our(or,if we assign this Agreement,our assignee's)principal place of business is located and shall be govemed by and construed in accordance with its laws.Any dispute concerning this Agreement will be adjudicated in a federal or state court in such state.You hereby consent to personal jurisdiction and venue in such courts and waive transfer of venue: 23.Miscellaneous:This Agreement contains the entire agreement between you and us and may not be modified except as provided therein or in writing signed by you and us,and supersedes any purchase orders.We oil not accept payment in cash.M you so request and we permit the early termination of this Agreement you agree to pay a fee for such privilege.Notices must be in writing and will be deemed given five days after mailing to your or our mauling address.M a court fids any provision of this Agreement to be unenforceable,all other terms of that Agreement will remain in effect and enforceable.You agree that any delay or failure to enforce our rights under this Agreement does not prevent us from enforcing any rights ata later time.In no event will we charge or collect any amounts in excess of those allowed by applicable law.Time is of the essence.You hereby acknowledge and confirm that you have not received any tax,Mandel,accounting or legal advice from us,or the manufacturer of the Equipment It is the Customer's sole and exclusive responsibility to ensure that all data j from all disk drives or magnetic media are erased of any customer data and information.TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES,FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN,VERIFY AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT.WHAT THIS MEANS TO YOU:WHEN YOU OPEN AN ACCOUNT,WE WILL ASK FOR YOUR NAME,ADDRESS AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU.WE MAY ALSO ASK TO SEE IDENTIFYING DOCUMENTS. 2 of 2 TFS/TBS FMV LEASE AGREEMENT—0518 • NON APPROPRiAT!ON RiDER This Nora-Appropriation Rider to the Lease With Maintenance Agreement No.�dated , 20 or the FM1/ Lease Agreement No. dated . 20_leach, individually,the "Lease"), is by and between Toshiba Financial Services (Lessor)and CITY OF SUNNY ISLES BEACH (Lessee). Capitalized terms used herein without definition shall be defined as provided in the Lease. Notwithstanding anything contained in the Lease to the contrary, • 1. Lessee presently intends to continue the Lease for its entire term and to pay all rentals or other payments relating thereto and shall do all things lawfully within its power to obtain and maintain funds from which the rentals and all other payments owing thereunder may be made. To the extent permitted by law,the person or entity in charge of preparing Lessee's budget will include In the budget request for each fiscal year during;the term of the Lease the rentals to become due in such fiscal year, and will use all reasonable and lawful means available to secure the appropriation of money for such fiscal year sufficient to pay all rentals coming due therein. The parties acknowledge that appropriation for rentals is a governmental function which Lessee cannot contractually commit Itself in!advance to perform and the Lease does not constitute such a commitment However,Lessee reasonably believes that moneys in an amount sufficient to make all rentals can and will lawfully be appropriated and made available to permit Lessee's continued utilization of the Equipment in the performance of Its essential functions during the term of the Lease. 2. If Lessee's governing body fails to appropriate sufficient moneys in any fiscal year for rentals or other payments due under the Lease and If other funds are not available for such payments,then a "Non-Appropriation" shall be deemed to have occurred. if a Non-Appropriation occurs,then: (i)Lessee shall give Lessor immediate notice of such Non-Appropriation and provide written evidence of such failure by Lessee's governing body at least sixty(60)days prior to the and of the then current fiscal year or if Non-Appropriation has not occurred by that date,immediately upon such Non-Appropriation;(ii)no later than the last day of the fiscal year for which appropriations were made for the rentals due under the Lease(the°Return Date"), Lessee shall return to Lessor all,but not less than ell,of the Equipment covered by the Lease,at Lessee's sole expense,in accordance with the terms hereof;and(iii)the Lease shall terminate on the Return Date without penalty or expanse to Lessee and Lessee shall not be obligated to pay the rentals beyond such fiscal year,provided,that Lessee shall pay all rentals and other payments due under the Lease for which moneys shall have been appropriated or ere otherwise available,provided further,that Lessee shall pay month-to•month rent at the rate set forth In the Lease for each month or part thereof that Lessee fails to return the Equipment as required herein. • { 3. The Lease shall be deemed executory only to the extent of monies appropriated and available for the purpose of the Lease,and no liability on account thereof shall be incurred by the Lessee beyond the amount of such monies. The Lease Is not a general obligation of the Lessee. Neither the full faith and credit nor the taxing power of the Lessee are pledged to the payment of any amount due or to become due under the Lease. It is understood that neither the Lease nor any representation by any public employee or officer creates any legal or moral obligation to appropriate or make monies available for the purpose of the Lease. 4. The Lessee and Lessor agree that they intend the Lease to be an operating lease end that try the execution thereof, Lessee acquires no ownership interest in the Equipment whether vested or contingent The Lessee's interest in the Equipment is limited to that of a lessee and Lessor retains all the rights of owner therein. Any provisions indicating to the contrary in this Rider are for precautionary purposes only. IN WITNESS WHEREOF, each of the parties hereto has caused this Rider to bs executed as of the day of • 20_. • • To•Jibe Financial Services CITY OF SUNNY ISLES BEACH or) (Lessee) O': ..� / _ By it (Date) (Date) Name s �I - ' L% Name/Title SALES ORDER BUSINESS SOLUTIONS S -1 i0 • SALES PACKET NUMBER ORDER DATE • stdasRepreeenfattve: PaIdine Gregory - .L. 12J1612018 . CUSTOMER!NFORP7ATiON - -- - - -- - - -- - - - • - CITY OF SUNNY 184 E$BEACH Tax I e•: eeiln¢Addreae:18070 COLLINS AVE ACCOUNTS PAYABLE fitaiteEa: Foxfk -Addlass2 _ Coresol• Customer FON: SUNNY ISLES BEACH grata;FL Dp:39160 eau: . .- - . EOUI v1ENi AN?SUPPLIES • CITYEQUIPdAENTdaACCESSORIES PRODUCT NUMBER', SERIAL NUREER UNITPRRC$ AMOtUHT 1 o-s»CIecala) KbCa RffrPX UlfWMbew4Pita= ESTUDI ACSEE LEASE • 1 2,500 Sheet Large Capac[ty Feeder MP2502 . 1 50 Surat FIn!her MJ1111 _ 1 Finisher Ran KN1 103 I lido Punch Unit for MJ11118 MJ1112 MJ61081d • _ �..• - • • SPECIAL INSTRUCTIONS I Suit:Total - SEE LEASE $356.45 PER MONTH 136 MONTH TERM-TERMS AND MOT CONDITIONS PER THE STATE OF FLORIDA CONTRACT46OO- EOUSeourtly • Profession)Fees 0CIOA1-1 Cmm9dlrltyFees Move Fess - Taxable Total • Wes Tea% • Tex Patel .Advance Paid SEE LEASE You Rare,=bwtsdpa 3X 1=0 N and oanattgaLaotwsap:,poob/. 831tlbalttpthis nretMe1.(Gaeus may 600e64.$tet'2t talar',has nth and ehd,h50Cdthe t11Xt!endtOnnnian.of Cert atr i t,tlalbdYla Clct RAaoawanm'bode,eaaad,t beawtaewalwatdu*Ind and a dte bedtRtId th&am&Aand et I* rfd■I Ftexn++b lmaaMina',alteuWars skrskiore taorxr dy 1Apeas* 1 d rx!d•0e mai e,etdlre este of cflaugagoa In Oso ma et nary worth or 7 fty dery tale the lant eua of hats latah Is est ono of!wad a Aardifmd gaodr,oto Raba,et Ob ,dull=act such "Matta by atetalto raper or I+Rlatatdm a ILL awe etpaa,uwca ndfaaight erased au/eutetsmubo Cat ca coach era.Iran amred,ouU6d r.thralorit and opaetad arontlabna dal d+a eattaea robawnordtbau cc ttsaGtN Neustri wan Tho IweGetrimm o ydo.s not R#Jto owe pasta ate ati bet oat anted te,dons.Vowing braabes.4tars,di r,haat Rd drtMx%pang prb.tsoto,knob/IMMO, Tb1■vamamy to.setwats ad ba In tett of any warranty of emit!.fltnote far.p.r•9wtar pipet*or dltsr antoto lyr of pxiibst wfte r ate•or hepead,4Jovpt or as.one!Clime Pitot Ormetto ed neeaardanallns.b Das Raxaraad es•1t■pada!oT 8aa prertiod atom abet am barn toihnmt el all er3rtesa of e.Safer to In Cur nor nth n■760.Io.aegq1 cute Go Doads..ednsr Goad to rich d. lana,Wet tart d taxstcw Pira t> . TBS :. ► . t oro,. ''-' y a e4e.t„refTWO • ! F11 an. nae:; . • • a (`i SALESOR1ER0618 AIMS MAINTENANCE CONTRACT 'S • .4z. • ` BUSINESS SOLUTINS . � A-2•%•0 • I , .• SALES PACitET MINNER k SPFECITVE DATE - 1 Segue Repreeenlatfve; Pauline Greg - -_-Inti Date , Customer egrens to purohese and Toehtbe Business Solutions agrees to provide gate,labor, Ink, tow, and toner celleagon oar4etnere (the`Etenteeancs Services')for the equipment meted beim,in stecorttance well the terms and mourns of the contract The Maintenance SeMcea ezc>ude Mar,staples and el other pads and services fisted under the Fxcluefovt socEon on page two of the contract A Conneavtly& Security Options Agreement must be attached end executed forNetvrak tritegratfon 8uppott. • CUS' UMER INFORMATION-- - - - *earnerNsAm:CIiY CF SUNNY ISLES BEACH' ' + A'18070 COLLINS AVE ACCOUNTS PAYABLE Phonon: 'En Fagg Address 2: - cameo: - CestomaPOOn SUNNY ISLES BEACH _fie:FL Da 33160 - INVOICE:METER COLLECTIONINFORMATION '• Meier Co en: EedrontoInvoicing:No InvoiceLimetton: Term: Licithe - SEE ATTACHED MAINTENANCE CONTRACT SCHEDULE FOR DEVICE DETAILS • TRANSACTION TERMS(Cerise:W ted MinitiPiLnRs Per Puoi - Waltman Patent um= Por Excoss Ban9 ' Pool Dasartpltorn Type fndudas Units Payieetd Roque nay thACIu a Frequency • Mono Pool CRP 0r trues $0.00 Monthly $0.00501 Monthly Color Pool CPP 0 trreageS $0.013Monthly $0.04500 Monthly- - • .r. Total Monthtyr Minimum - $0. 01— - DECLINATION • • .1 Oedemasla swirling maVdaranoean tie ogalpmem fisted onths ekadaa cc remnant. I tRftnted Name: Me: Date: Signature: E Tame ASID CONDITXO3I.13 HEREOF ARE PART Cr•THIS E AGREEMENT. BY SIG a CONTRACT, THE CUSTOMER ACKNOWLED6F8 YFIAT ThEY HAVE READ AND UNDERSTAND THESE TERAS. Cook mei gees to pay the tEnlmtan Payment per(=Won temps,phis any Excess Per Unit Charges for the(aim of this Contract When this Contract is signed by Customer and TBS.II stall constitute a ttedIng centrad end to no-caneelatfe. TI119 Contract sit begin On the data signed by TBS below. You hereby ecisaynaetiga and egree that your electronic signature below she l lona lute en enforceable and°Ala&signature for di purposes. Cum CITY OF SUNNY ISLES BEACH Toshiba Business Solutions Fantod Name: -- Printed Mane: Lite ttec /Adtzu Shur, , 61 Tate: : !paw Talo l 6.0„ ' tiaJ.A. l • • • 1 of 2 MAWS MA[tfTEld►1tCE CONTRACT-OM TERMS ANDCONDITIONS CONTINUED) A: 1.ACCEPTANCE Tiis Centrad shall not be effector unless signed by the authorized TBS representative(Effective Date)wfhn 30 days frond the Customer's signing of this Centrad • 2.Term Pr Con?ad aD reman n force for months from the Effective Date(Renewal Date)end were thea be autoniatically renewed for wadi period(s)unless either party provides notice of termination not less than thirty(30)days prior to ( the Renewal Data.For each pace of equipment rata this Contrail there vrS be a Start Date&Start Molar.Service for each piece of equipment wE be provided torn the Start Data&Start Meter until this Contrail Is terminated or the equipment • is withdrawn fern the service Customer may withdraw individual equipment by providing thIrty(30)day written notice prior to the Renewal Date.Customer Is responslle for all remaining Minimum Payments If Customer is In default or if enp*serd is withdrawn prior b Renewal Data. 2,SERVICE AVAO ABIUTY.TBS tr8 provide service during TBS's moral service hams-while the equlpmerd is bated within TBS's designated service area.Service outside TBS's designated area,E available and accepted by TBS is-subject to a Trip Charge,which stall be based on reasonable travel expense for TBS's personnel.It Is the responsibility of the Customer to notify TBS prior to rebating equipment The service to beep the equlprerd In or restore the equbrmd to good wonting add includes Emergency Service Calls and Periodic Maintenance(Ms).PM's may be performed during the course of an Emergency Service Cat and are based upon the spectre reeds tithe hdlvb al equipment as detemdned by TBS.Maintenance wit Include nbkatom,adjustments and replacement of maintenance parts deemed necessary by TBS.Maintenance parts won meaty be ether new or eguivalerd to new in performance when metalled in the equipment Maintenance parts we be furnished on an exchange basis and the replaced parts became the property of TBS.Service provided ung this Contrail does riot assure the uninterrupted operatbrr of the equipment if the°st iter requests service to be perbrtned ala lime outside TBS's ramal service hours,there we be no additional Marge for maintenance parts,however,to service,if available,we be furnished at TBS's apptable handy rates and tams ten n cad.Noting herein shag be construed to require TBS to provide service outside Its normal service hews and TBS hereby reserves the rigid to accept or re;:c such requests. • In the event there is a substantial naease in he cost of het Customer agnea to pay a fuel surcharge.'Subsfantiaf shat be defined as a 10%or more dunge over a sur math period in to average mesterei fuel cost as receded byte United States Energy Inbred=Amrirdstre9aL The benctmerk will be the national average fuel out as reported by the tided Stabs Energy[donna:et Administration on the Effective Data of this Agreemet t NETWORK INTEGRATION SUPPORT.Support of pthd cantatas and printsren enablers that permit the integration of the device oto a Customers nabwrk is covered wider the ams of a properly executed Connedvdy&Security Otos Agreement The Canned*&Seemly Options Agn aemerd is an amendment to this contrail end must be attached and/or on fie for his optimal service support S.MOOING-LATE CHARGES.TM first he unman Payment is due upon receipt of an Invoice.Thereafter,Wrenn Payments wit be due on the same date each math during the Term of this Carted whether or not Customer receives an • invoice.Qabmds ahtgatan to pay the Mniman Payment is unconditional end is not subject to any reduction,set-off,defense,a counterclaim-for any reason whatsoever.Excess Crek Charge,if mikado,ret/be invoiced based on the bang period seeded on the face of this contract. • -- t any pat of a payment is not made by to Customer when due,Customer agrees to pay TBS a Late Charge of the higher of 525 or hvo percent(2%)of each such late payment,but not more than permitted by law.Customer agrees to pay TBS the Lala Charge not later ten one(1)month following the date of the original Minimum Paymml. Q USAGE In return for to Mnimnm Payment,Customer is entitled to use the Minimum Numbs of Units eacht N4shg period.If Customer uses more than the Minimum Number of Units in any 60ing period,Customer we pay an addtioret amount equal to the number of metered Units exceeding the agreed Mhdnxa r included Urals toes the Excess Charge as shown on fire*war tris Contract Customer acknowledges that in no event shall the Customer be edited to any rein d a rebate of the Minimum Payment If metered ads result in less than the MiNmum Number of Units in any billing period. Your Tosfsba system will cane with two-way mmrtwnication enabled.TBS we provide updates,system bade ups,and meter a lectiar automatically.Please advise if you do not wish to have his feahae enabled.TBS may estimate the namher of rants used if requested Meter Readings ere not received before a new biting period begins.TBS we adjust the estimated charge for Excess Units upon receipt of actual Meter Readings.Noti hsfardng any adjustment the Customer we never pay less than the Minimum Payment Custom we provide meter readings via an automated webste.TBS may charge a fee to recover the cost of meter colecere if meters are not submitted trough the automated write.TBS reserves the right b convert Customer to a tat fee,based upon the greater of a spedfc units historical average whore or the device type's nnidpand manufacturer recommended ded vdume,if meters are not made scrabble kr the devke(s)atter 3 comcuetn Meng periods. Upon the first eudversary of the Effective Date end each subsequent amivesay date thereafter,TBS reserves the right to appy annual messes not to exceed fifteen(15%)pervert of the products and servicer combined. 7.CONSUMABLE SUPPLIES.TBS agrees to furnish oxrsumable supplies funk loner and toner collection containers)for the Term of the Centrad,except as excluded in median 12 below.Customer is responsible for ordering supplies to aurae ample Ona for delivery.TBS may charge you a supply height fee to cover our cost o1 shipping supplies to you.TBS wB determine the number of supplies to be stopped based on the Mhhmm Number of Lids and Excess Units metered.If TBS determines that the Customer has used mare gen fifteen percent(15%)suedes than normal for the number of metered unite,based on yields published by he manufacturer,Customer agrees to pay TBS's customary charges for al excess suedes.Current pricing per act is based on TBS deferred vendor beer.If OEM is requested,current piing per unit is subject to Mange. Al supplies defvered as part of his Contract remain the property of TBS hull and unless they are oatsumed by the equipment In he performance of this Contract Any supplies net consumed as emceed and not surrendered to TBS upon expeaton or termination of his Cachet wtt be ricked to the Customer at TBS's then=rent prices.Customer agrees to provide insurance coverage he suedes n case of loss wider any dreurre arca.Notwithstanding the laegoirg,the risked Iris of the mrmmable supplies dal be buuahmed from TBS to Qrsb ser if stab consumable supplies are stored at Customer's tachy. S.TAXES:In aeon to he charges due ander lids Contract,eta Customer agrees to pay ertoarb equal to any taxes rautng from this Centred,or any activities hereunder,exclusive of taxa based upon net Income. 9.INSTALLATION AND ACCESS TO EQUIPMENT.Customer agrees to provide adequate space,environment arid appropriate electrical requirements bdudug,if required,a dedicated 120 volt or 220 volt electrical fine,as pub fished in he Operator and Service Manuals hx to operator and maintenance of the equipment ff TBS has instated a power Mbar/surge protector on the equipment,it nest at all teres remain continuously instated. fit is removed Customer agrees to purchase a replacement horn TBS nmedaty.TBS shall have fur and free access to the equipment to provide wrier hereon. If persons other than TBS representatives Dunt m versions,feature additions,accessories or perform service on egrdfined and as a result hither repair by TBS Is required,such repairs shall be made at TBS's applicable rune and Material rates and terms then in effect If such add ural repair is required,TBS may immediately withdraw the equipment Fran this Contract. 10.KEY OPERATOR-END-USER TRAINING.Customer agrees to designate a Key Operator for training on the use,apptkations end features of the equipment The Key Operator vie be responsible for nom]Key Operator attires as detailed in the Operators Manual and kr training eddDorea ere sers.t the Key Operator assignment changes Customer agrees to designate a new Key Operator immediately.TBS agrees to provide training for the desfg<aad Key Operator and to pmvide initial training for erdraers on the use,appficefiams and teatime of the equipment Additional betiding requested by Customer afar thirty(30)days born Instatatm we be at TBS ramal hourly rates. 11.MOVESIADOSICHANGES.In order to guarardee en-tory tom arrival and quality service response tie,TBS must be notified in advance of any changes in the fleet Prior approval from TBS is required before adding new devices to the feet for support Client agrees to be responsible for at costs associated with relocation.If the Equipment Is moved to a new bathe'TBS shall have the right to charge a new rata for the new baton and Client agrees to pay the difference between the rid rate and to new rate. 12.EXCLUSIONS.Service under this Contrail does not include: (a)Fumnishirg paper,staples, pint heads,batteries,ribbons,media,periodic maintenance on thermal printers or any of he fadowirg: (b)Service of equipment If mored outside of TBS's designated service area;(c)Repair of damage or increase in service tine caused by acddeht misuse,rhoyftya.e,abuse or disaster,(d)Service of accessories,atadurenb or dick control devices other than those of the same manufacturer as he equipment(e)Painting or refinishing of the equipment()Maimg'specification larges;(g)overhaul;when TBS determines an overhaul is necessary because neral repai end parts replacement cannot keep the equipment in setsfach ry operating mndtad,TBS will submit a cost estimate to Customer and.TBS we not commence work rant Customer has approved cost(h)Perfuming key operator functions as described In to operator maruat()Moving equipment,repair of damage or iaaease in service time caused by the tee of the equipment for other than the adrary use kr which designed;Q Repair of damage mused by electrical surges or lghbdrrg strikes,it equipment Is connecad to a TBS suppled power bfterlsmge protector repairs elI be included;(ic)Repair of damage or h arose In service time caused by failure to continually provide a salable Installation emhonmed as defined by the me ivactaer,with all the acittes deserted by TBS inducing,but not Enid to,adequate space,electrical power,air mndtoning or humidity rata.(I)Repair of equipment that has been designated as obsolete by the manufacturer and genuine OEM part are no longer available.(m)Repair of damage or increase of service time caused by Customer's use of media outside the specifications as dumbed in the operator manual. 13.CUSTOMER OWNED EQUIPMENT.(a)TBS reserves the right to inspect the mechanical ial condition of all Customer owned Equipment to be covered under this Agreement Qate err wit be noted of Equipment found to require immediate repairs.Customer,at Its option,may elect to have said Equipment repaired at the then current hourly service abs-rate plus parts or elect to have to unit excluded from fids Agreement (h)To qualify for coverage under his Agreement each piece of Gusto err owned Equipment must have an tidal cess cable supply level of at least 25%(twenty five percent)of its apady.-For any Equipment amig under tat level,Caterer will be respansi le for replacing and/or purchasing the nitlal consumables required to restore the device to the 25%level.(c)Service of printers under this agreement we possibly hid de repacem ant parts that may have been used ander remnddlmed.Part that have been replaced we remain the property of TBS.fl Cmmtemer Owned Equipment becomes obsolete,a unserviceable..client Is responsible kr replacing the device,and'Midi remove obsolete device ken aired agrteemerd. 14.INDEMNITY AND DISCLAIMER. TBS shat not be responsible for any iryaies,damages,penalties,tains or losses hduding legal expenses named by Customer or any other person caused by the nstallation,selection,ownership, possession,maintenance,=cab a use of he Equipment Customer agrees to reimburse TBS for and to defend TBS against any dates for such losses,damages,penalties,cars,Injuries or expenses This hdemfy dao continue even ate this Contract has exceed. IN NO EVENT WILL MS BE LIABLE FOR LOST PROFITS,CONSEQUENTIAL,EXPECTANCY OR INDIRECT DAMAGES EVEN IF THS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXECPT AS OTHERWISE SET FORTH HEREIN,T8S DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,INCLUDING BUT NOT UNITED TO,THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,REPRESENTATION OR WARRANTY ARISING OUT OF USAGE AND TRADE,COURSE OR DEALING OR COURSE OR PERFORMANCE EXCEPT AS PROVIDED HEREIN,THE PARTS AND SERVICES ARE PROVIDED'AS IS.' • IS.GENERAL Sud)ect to the tams of the blowing paragraph,TBS may muddy the teems and conditions of this Contract effective on the Renewal Date by providing the Cusfmier with prior writer notice. Any such moda'ficelon we apply unless the Customer withdraws he equtarrent affected by such modification hem this Contract Ot err wise this Contract an only be modlad by a written agreement duly signed by persons authorized to sign mrttracs on behalf of the Customer and ti TBS.Variance dont the ams and mndties of tris Canbad in any Customer ader or other written modification we be of mss effect The Customer represents that the Customer is the owner of the equipment under this Contract or,if not the owner,is the lessee or renter of the equipment.Customer we execute a maintenance agreement for he equipment with a Toshiba authorized dealer or Customer we waive certain rights under Toshiba's manufacturer's warranty. This Contract's not assgrabe its right duties and obfgatiau may not be assigned or transferred by the Customer without the prior written cursed of TBS. My attempt to assign or transfer any of the rights,duties or obligations of this Contract without such consent is aid. TBS's service provided outside the sage of his Contract we be furnished at TBS's appliabte time end material rates and terms then in effect TBS is not respirable for faire to render service due to causes beyond to coned. This Contract wD be governed by the laws of the state where to Customer executed this Detract If ether party ars to comply with the terms and confrere of this Contract,he nal-breaching pay shall notify the breaching party Mn writing using rem mat tome address on the face of this Contract The breading party shall have thirty(30)days to cure any breach of this Contract prior to the non-baeadhig party takes the legal action.No ad/n,regardless of fern,arising out of this Centrad may be brought by ether party nae than ore year after the cause of action has arisen,or,in tie case of non-payment,more than two years from the data of the last payment 2 of 2 AIMS MAINTENANCE CONTRACT—0518 . , Tr.:80-fl 0 A STATE OF FLORIDA CONTRACT#600-000-11-1 PELICAN PARK DEALER/RESELLER: TOSHIBA AMERICA BUSINESS SOLUTIONS INC F9291 6540c-PICK UP SEGMENT 4.3 COLOR SPEED:61-69 PAGES PER MINUTE • TOSHIBA e-STUDIO6506AC SPECIFICATIONS ••Copy/Print Resolution-600 x 600 dpi With every new series of MFPs,we look to n Resolution-Up to 600 dpi A-E. `' - - more than a century of advanced Toshiba ••Copy/Print Speed-65/65(B&W/Color)PPM(Letter) £ _ "a.. - L technology to continually improve speed, ••First Copy Out Time-4.5/6.4(B&W/Color)Sec(Letter) • -- `7,4•••,..."'"'v"` performance and functionality.Now,with the ••Warm-Up Time-Approx.20 Seconds ;. ' ,. •t integration of the new generation e-BRIDGE mum Paper CapacityUpto 4,780 Sheets ,_-7..,,,- ,,,-t.-,,'",-.----;::-. ° a ,,, -15;:.",/..-74,..-. platform,the possibilities are limitless.In t -rt �, _ ••Paper Sizes-Letter,Legal,and Ledger ��:?,� s�' .� s addition to speed of 65 brilGarlt color pages per minute,the new e-STUDIO6506AC I ••Duty Cycle-540,000 Copies • & platform provides increased security, , - `a :1;:...`..t--:'.11f.--. connectivity,manageability,energy savings -= '' ,t, ._ and,best of all,solutions readiness. I 1 I PRICING • __ _",,..$356:45 per month/36 month term.._ Lease(Monthly) _gay ( ='.1:".7-31-..'r e 41. lir' i- ky,-•-,. s- z, "a r . 74 ;x 4 xt* Co1or x B&W V Vs Part Nu b r et�'-Description t- „ ` ':g.,!--f?..,...;,•:•:-,•.=.1`• ,`' ,. ,' 3{ Retail PurChase -,_2 M.„-...,.-136M:-,!1 48M" CPC,'•:,K_CPC r STUDIO6506AC• ' 65PPM.Color,75 BK-MFP.w/DSDF 4Drawer-' "1.' ' $36,056 $10,149 $449.60 ''$305:08' $232.82 0.04500 0.00501 . KA6551 Side Exit Tray I $58 $12 $0.53 $0.36 $0.28 - MP2502 - 2500 Sheet Large Capacity Feeder ! S1,783 $510 $22.59 $15.33 $11.70 i MJ1111 50 Sheet Stapling Finisher i $3,201 $937 $41.51 $28.17 $21.49 MJ1112 Saddle Stitch Finisher $4,897 $1,434 $63.53 $43.11 $32.90 MJ6106 Hole Punch Unit for MJ1111&MJ1112 I $811 $238 $10.54 S7.15 $5.46 KN1103 Finisher Rail I $84 $24 $1.06 50.72 $0.55 PWRFLTR-XGPCS2OD Next Gen PCS Power Filter,120V-20 AMPS $1,173 $121 $5.36 $3.64 $2.78 GN4020 Wireless LAN/Bluetooth Module $629 $319 $14.13 $9.59 $7.32 GR1250 Accessory Tray(Keyboard Shelf) $99 $34 $1.51 $1.02 $0.78 GR1260 Panel 10 Key Option $99 $34 $1.51 $1.02 $0.78 • • GR9000 Bluetooth Wireless Keyboard $99 S34 $1.51 $1.02 $0.78 GR1270 USB Hub $109 S40 $1.77 $1.20 $0.92 GR1290 Card Reader Holder(Requires GR1270) $99 $34 $1.51 $1.02 $0.78 ,• GS1010 Meta Scan Enabler for e-CONNECT $524 $218 $9.66 $6.55 $5.00 GB1280V8 Re Rite Software $2,999 $462 $20.47 $13.89 $10.60 GS1080 Embedded OCR Enabler 1 License 1 $775 $253 $11.21 $7.61 $5.80 GS1085 Embedded OCR Enabler 5 Licenses I $2,995 $1,126 $49.88 533.85 $25.83 GS1090 Multi-Station Print Enabler 1 License $195 $57 $2.53 $1.71 $1.31 GS1095 Multi Station Print Enabler 5 Licenses $695 $218 $9.66 -$6.55 $5.00 GS1007 Unicode Font Enabler $275 $229 $10.14 $6.88 $5.25 GP1190A HARDCOPY SECURITY KIT(COLOR MODELS ONLY) $1,899 $777 $34.42 $23.36 $17.82 GP1080 IPSEC Enabler $799 $437 $19.36 $13.14 $10.02 GQ1280 Coin Controller Harness Kit $83 $42 $1.86 $1.26 $0.96 GD1370 Fax Unit/2nd Line Fax Unit $1,025 S411 $18.21 512.35 $9.43 TFC556UK Black Toner(Warranty Period Only) N/A $158 TFC556UC Cyan Toner(Warranty Period Only) N/A $233 TFC556UM Yellow Toner(Warranty Period Only) I. N/A $233 TFC556UY Magenta Toner(Warranty Period Only) 1 N/A $233 STAPLE2400 Staples-MJ1111/MJ1112 N/A $96 (1 box=5,000stx3) STAPLE3100 Staples=MJ1112 • N/A $79 (1 box=2,000 st x 4) MYFLORIDA MARKETPLACE ORDERING INFORMATION NON-MYFLORIDA MARKETPLACE ORDERING INFORMATION Please refer to the information below for ordering instructions. Please contact the person below for ordering instructions. iCHECK PAYMENTS: CONTACT INFORMATION LEASE&PURCHASE-EQUIPMENT&MAINTENANCE Contact:Mike McKinley I Supplier. Toshiba America Business Solutions Inc 9740 Irvine Blvd,Irvine,CA 92618 Order from: 9740 Irvine Blvd,Irvine,CA 92618 Phone:678-613-2311 Remit To: File#91399,PO Box 1067 Charlotte,NC 28201-1067 Fax:949-587-9871 I I FEIN: F330865305-005 Email:mike.mckinley@tabs.tostuba.com FMV LEASE AGREEMENT TOSHIBA • BUSINESS SOLUTIONS ,FINAfE9►At SERWC s Thu Wdble yae sad t,rater toLammr, words Latem.ns,sad our,raft o tua PLICATION I Mt, So Moe. The Toshiba EE.#7et t la Catered byte terata state Toaffba Gorman:tett,a ow cf Wet may be I .� - ottated from your seem user.We oaa Bre EquIpssent,as&rad balm,(oottkav suture)and you limo)to • •dgMtoaseImfortotoms ofttsbAgtoa t. • CUSTOMER-CONTACT INFORMATION Legal Ocapeny Nerna:CITY OF SUNNY ISLES jf C760 Condaot Person: 811f-To Phone: = To Fax Bnng Address:18070 COLUNS AVE ACCOUNTS PAYABLE Cay,State-21p:SUNNY ISLES BEACH,FL 33160 ,.Eqtdpmentietot. 18070-OLLINS AVt:. FL( A • Cir,Sate-Bp:SUNNY ISLES BEACH,FL 33160 • TBS LOCATION • • CantataN nth Nunn GTegary Subs hiferyLotman. • EQUIPMENT DESCRIPTION ITEM DESCRIPTION ' WORM, SEPAL 140. e-S flJDIO4515AC 45 PPM Digital Color MFP ESTUDI04515AC 100-Sheet RADF MR3O31B Stand STAND5005 Inner Finisher MJ1042B • Hole Punch for 14.I1042 M./6011 Fax Unit 12nti Line Fax Unit GD1370N • • • D See ait;acftad fmro{9i `Ay aorM:110nel Egalprriseit • LEASE TERM &PAYMENT SCHEDULE Nurntraf of Payments; 36 _ of$ 188.27 yt&re oppodebloaxgo Lseea paynEnt pebd la=Nordenotherwise e;ecelna eokta.o se Ogorne Yol ipteretheelver Won att o(Mot yoraili0taro,pottedtheAgreetneltreenet SOW fitiiDgrO t $ El Received teruinarad t amts ,eerd no da FatNiaFelVdi»por tt6teat mew Anreentern has =nod stab nine. Otfgna Fes. up to {mct dedhFtraffmake) 2Nomthoeedon17. - 9.RewnEVArna• , THIS ISA NONCANCELABLE 1 IRREVOCABLE AGREEMENT.THIS AGREEMENT CANNOT BE CANCELLED OR TERMINATED. LESSOR ACCEPTANCE ToslitbaF mtt lalSeTv[gis Sfgt -/ . l ti .E. • / - Tl::elf a. , s CUSTOMER ACCEPTANCE - You harebj odaoedsdgs end kite that your orfIrd or egetorit eking=Dewe sail ca e9ms in OWattle and*VW atuitTe to drOmen Tho ABreemartt may be eeeaAod to=WU,tr a maned CaR11W tvot has Lessors a atnel etnatro entior Is in lessors pesasneteo alai canaeMo cbstei paper es Brat term is Wood to the RV=Co ntmenied 04e t'JCC)ad till"wattle a the opal greened for dl PaPcsea,ltdvdte.*tot Wiativ.to e+4 hs e.Mel or praoeodhy xah cowl to ads Agreeruont,end(4 any demon ea to r 'notion d tt;;e Amend gentholen rte stela hw wird Rom crictettal paper under Bre UCC.tt Cwtc erego end tames Cie ktig=od to Lwser by racetrlle or other(tech*bensraWoo,Il a IMO gild Copt,upee a eoiiion by tom,etel be Mery r on the gain Beeson egress ihetthegrrJstb'sr efirceredotdotrerrarissyco of ENS Agtecmord a a ly shed by Lensar.104n e tied tote lecdrera et eta:ebotatie airy gncod by Cudoiner,shin aloe/3o the orrbdl egreemed rust E no Wee,igdt. tg,5slhp;til tbfkr,time paw/shone hr this tion.inY t al hnt?hg e d sat ed to the raeg at an tI roes Antaer eFeo dol kr p Cori are ,9 eta A� {e)a deconent tlgoed cd • Btisz rhes b'y taeelnde as et er do �Bons2toMee eta be Carted es sn Crdn&dos aonl,lbI tits of ani Psra+OSi sixth dognastt stag be oo er d as en thymi V.gnatIre Qd I e d rcenent bsterdteS shag tronratoftook eshss oC+fdao aoetetunptpatt Beret�oe tolnl g maAc:kersfigsgCethigrneleegre r dsatuLeeors,cCsucts 5fpaow•euA esUrica Asgnreeerostino and otreotomaddRettxro Gy'tms,a otra6167mesu141" a a eloctanic Cam vas used to asczafl epj elpnahno are pew to Els Acnemw t BY 8:511213 PAM.YOU REPRESENT TO U9 NAT YOU RAVE RECSNED AMD READ THE ADOCOOtei.was AND COMMONS APPEARD10 GliTHE SECORDPAM OFTRW A ErT.7HISA MIRE#RTISOMGUPOHOURACCEPTANCEEMDF, Name: gen iei :DE.* 1olY SE PAGE 1FOR=DUAL T AND CONDITIONS TF$(TESFMVLEASE AGAE "T-4518 - -TERMS.AND.CONDITIONS 1. Lease Agreement You agree to lease from us the equipment described under ITEM DESCRIPTION'and on any attached Schedule(hereinafter,with all replacement parts,repairs,additions and accessories,referred to as the'Equipment')and as modified by Supplements to this Agreement from time to time signed by you and us.You authorize us to insert or correct missing information on this Agreement including youi accurate legal name,serial numbers and any other information describing the Equipment You authorize us to change the'amount of each Payment(set forth on page 1 of this Agreement)by not more than 15%due to changes in the - equipment configuration which may occur prior to our acceptance of this Agreement or adjustments to reflect applicable sales taxes.We will send you copies of any changes.You agree to provide updated annual and/or quarterly financial statements to us upon request You authorize us or our agent to obtain credit reports and make credit inquiries regarding you and your financial condition and to provide your information,induding payment history,to our assignees or third parties having an economic interest in this Agreement or the Equipment 2. Lease Commencement This Agreement will commence upon your acceptance of the appncable Equipment When you receive the Equipment,you agree to inspect it and verify your acceptance by telephone or,at our request,by delivery of written evidence of acceptance satisfactory to us. Upon acceptance,your obligations under this Agreement will become absolute and unconditioral:and are not subject to cancellation,reduction or setoff for any reason whatsoever. You agree to pay us the amounts payable under the terms of this Agreement each period by the due date in accordance with the Term and Payment schedule set forth on page 1 of this - Agreement Payments shall be delivered to our address or to such other address as we may designate t n writing.You agree to pay an interim rent payment equal to 1/30th of the monthly lease payment multiplied by the number of days between rent cothmencement date and the date of the beginning of the first rental period.For any payment that is not received by its due date,you agree to pay a late charge equal to the higher of 10%of the amount due or 522(not to exceed the ma:mrnan allowed by law). 3. Security Deposit The security deposit is non interest bearing and Is to secure your performance under this Agreement Any security deposit made may be applied by us to satisfy any amount owed by you in,in which event you will promptly restore the security deposit to its full amount as set forth above.H all conditions are hilly complied with and provided yew have not ever been in default of the Agreement in the Default section,the security deposit will be refunded to you atter the return of the equipment In accordance with the Return of Equipment section. 4. WARRANTY DISCLAIMER:WE MANE NO WARRANTY EXPRESS OR IMPLIED,INCLUDING,WITHOUTUMiTATION,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 WiTH RESPECT TO THE EQUIPMENT WILL BIND US,NOR WILL ANY BREACH THEREOF RELIEVE YOU OF ANY OF YOUR OBLIGATIONS HEREUNDER.YOU AGREE THAT WE WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR ANY DEFAULT BY US UNDER THIS AGREEMENT. 5. Statutory Finance Lease:You agree that this Agreement qualifies as a statutory Finance Lease under Article 2A of the bhiihaoi Commercial Code.To the extent you are permitted by applicable law,you waive all rights and remedies provided by Artide 2A(sections 508-522)of the Uniform Commercial Code. 6. Security interest You authorize us to file a financing statement with respect to the Equipment ff this Agreement is deemed to be a secured transaction,you grant us a security interest in the Equipment to seat all amounts you owe us under any agreement with us. 7. Use Maintenance and Repair of Equipment YOU WILL USE THE EQUIPMENT ONLY IN THE LAWFUL-CONDUCT OF YOUR BUSINESS AND NOT FOR PERSONAL,HOUSEHOLD OR FAMILY PURPOSES.You will not move the Equipment from the equipment location listed on page 1 without our advance written consent You will give us reasonable access to the Equipment so that we can died the Equipment's existence, condition and proper maintenance.At your cost you will keep the Equipment in good repair,condition and Worldng order,ordinary wear and tear excepted.You will not make any permanent alterations to the Equipment You wr11 keep the Equipment free and dear of all fens.You assign to us all of your rights,but none of your obligations,under any purchase agreement for the Equipment We assign to you all our rights under any • warranties,so long as you are not in default 8. Software:Except as provided in this paragraph,references to'Equipment'indude any software referenced above or installed on the Equipment We do not own the software and cannot transfer any interest in ft to you. You are responsible for entering into any license and/or other agreement(each a'License Agreement')required by the applicable software supplier or software licensor no later than the effective date of this Agreement and you will fully comply with such Ucense,lf any,throughout the applicable term.We are not responsible for the software or the obligations of you or the software licensor under any Ucense Agreement 9. Taxes and Lease Charges:You agree to pay all taxes,costs and expenses incurred by us as a consequence of the ownership,sale,lease or use of the Equipment,inducing all sales,use and documentary stamp taxes. Any fee charged under this Agreement may induce a profit and is subject to applicable taxes.In addition,you agree to pay us a UCC tiling fee of 535.00. 10.Indemnity. You wit indemnify and hold us harmless horn any and all fabllty,damages,losses or injuries including reasonable attorneys fees,arising out of the ownership,use,condition or possession of the Equipment, except to the extent directly caused by our grass negligence or wilful misconduct.We reserve the right to control the defense and to select or approve defense counsel.This indemnity win survive the termination of this Agreement 11.Risk of Loss;Insurance:You are responsible for risk of loss or for any destruction of or damage to the Equipment No such loss or damage shall relieve you from the payment obligations under this Agreement-You agree to keep the Equipment hilly insured against loss until this Agreement is paid in full and to have us and our assigns named as lender's loss payee.You also agree to maintain public liability insurance covering both personal injury and property damage and you shall name us and our assigns as additional insured. Upon request,you agree to provide us certificates or evidence of insurance acceptable to us.If you fag to comply with this requirement wihi n 30 days after the start of this Agreement(a)we have the right but no obligation to obtain insurance covering our interest(and only our interest)in the Equipment for the lease term,and renewals.Any insurance we obtain will not Insure you against third party or liability claims and may be cancelled by us at any time.You will be required to pay us an additional amount each month for the insurance and administrative fee. The cost may be more than the cost of obtaining your own insurance and we may make a profit You agree to cooperate with us,our insurer and our agent in the placement of coverage and with claims;or(b)we may charge you a Witty property damage surcharge of up to.0035 of the Equipment cost 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.Once an acceptable certificate or evidence of insurance is submitted,any such fees will be discontinued.If any of the Equipment is lost,stolen or damaged you will at your option and cost, either(a)repair the item or replace the item with a comparable item reasonably acceptable to us,or(b)pay tis the sum set forth In the Remedies section. 12.Right to Perform:If you fail to comply with any provision of this Agreement,we may,at our option,perform such obligations on your behalf.Upon invoice you will reimburse us for all costs incurred by us to perform such obligations. 13.Representations:(a)You represent and warrant to us that(1)you have the lawful power and authority to enter into this Agreement and(2)the individuals signing this Agreement 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)as irate and cornett in all material respects,(5)you will promptly notify us in writing if you move your principal place of business or there Is a change In your name,state of formation,or ownership,and(6)you will take any action we reasonably request to • protect our rights in the Equipment(b)We represent and warrant to you that(1)we have the lawful power and authority to enter into this Agreement,and(2)the individuas signing this Agreement have been duly auttrorized to do so on our behalf. 14.Default You will be in default under this Agreement it.(a)we do not receive any Payment due under this Agreement within five(5)days after its due date,(b)you fail to meet any of your obligations in the Agreement(other than payment obligations)and do not correct such default within 10 days after we send you written notice of such default,(c)you or your guarantor become insolvent,are liquidated or dissolved,merge,transfer a material portion of your ownership Interest or assets,stop doing business,or assign rights or property for the benefit of creditors,(d)a petition is filed by or against you or your guarantor under any bankruptcy or insolvency law,(e) any representation made by you is false or misleading in any material respell,(f)you default on any other agreement with us or our assigns or any material agreement with any entity,or(g)there has been a material adverse flange In your or any guarantor's financial,business or operating condition. 15.Remedies:If you are in default,we may,at our option,do any or all of the following:(a)retain your security deposit if any,(b)terminate this Agreement(c)require that you pay,as compensation for loss of our bargain and not as a penalty,the sum of(1)all amounts due and payable by you or accrued under this Agreement,plus(2)the present value of all remaining Payments to become due under this Agreement(discounted at 2%or the • lowest rate allowed by law),and(3)(i)the amount of any purchase option and,if none Is specified,20%of the original equipment cost,which represents our anicipated residual value in the Equipment or(I)return the Equipment to a location designated by us and pay to us the excess,if any,of the amount payable under douse(3)(i)over the Fair Market Value of the returned Equipment as determined by us in our reasonable discretion, (d)recover Interest on any unpaid balance at the rate of 12%per annum,and(e)exercise any other remedies available to us at law or in equity,induding requiring you to immediately stop using any franced software. j You agree to pay our reasonable attorney's fees and actual court costs including any cost of appeal. If we have to take possession of the Equipment you agree to pay the cost of repossession and we may seg or re-rent the Equipment at terms we determine,at one or more public or private sales,with or without notice to you.You may remain liable for any deficiency with any PYMCc being retained by us. 16.Purchase Option:At the end of the Term provided you are not in default,and upon 30 days prior written notice from you,you will either(a)return all the Equipment,or(b)purchase all the Equipment as is,without any warranty to condition,value or title for the Fair Market Value of the Equipment as determined by us in our reasonable discretion plus applicable sales and other taxes. 17.Automate Renewal:Except as set forth in Section 16,this Agreement will automatically renew on a month-to-month basis after the Term,and you shall pay us the same Payments and lease charges as applied during the Term(and be subject to the terms and conditions of this Agreement)until the Equipment is returned to us or you pay us the applicable purchase price(and taxes). 18.Return of Equipment If(a)a defautfocaus,or(b)you do not purchase the Equipment at the end of the Term pursuant to a stated purchase option,you will Immediately return the equipment to any location(s)we may designate in the continental United States.The Equipment must be returned in'Average Saleable Condition'and property packed for shipment in accordance with our recommendations or specifications,freight prepaid and insured.'Average Saleable Condition'means that all of the Equipment is immediately available for use by a third party,other than you,without the need for any repair or refurbishment All Equipment must be free of markings.You will pay us for any missing or defective parts or accessories. 19.Assignment We may,without your consent,assign or transfer any Equipment or this Agreement,or any rights arising under this Agreement,and in such event our assignee or transferee will have the rights,power, privileges and re meddes of Lessor hereunder,der,but none of the obligations.Upon such assignment you agree not to assert,as against our assignee,any defense,setoff,recoupment,claim or counterclaim that you may have against us.You will not assign,transfer or sublease this Agreement or any rights thereunder or any Equipment subject td this Agreement without our prior written consent 20.Personal Property Tax(PPT):You agree at our discretion to(a)reimburse us annually for an personal property and similar taxes associated with the ownership,possession or use of the Equipment or(b)remit to us each tinting period our estimate of the prorated equivalent of such faxes.You agree to pay us an administrative fee for the processing of such taxes.We may make a profit on such a fee. 21.Tax indemnity:You agree to indemnify us for the loss of any income tax benefit caused by your acts or omissions inconsistent with our entitlement to certain tax benefits as owner of the Equipment 22.Govemlmg Law:BOTH PARTIES AGREE TO WAIVE ALL RIGHTS TO A JURY TRIAL.This Agreement and any supplement shall be deemed fully executed and performed in the state in which our(or,if we assign this Agreement,our assignee's)principal place of business is located and shall be govemed by and construed in accordance with its laws.Any dispute concerning this Agreement will be adjudicated in a federal or slate court in such state.You hereby consent to personal jurisdiction and venue in such courts and waive transfer of venue. 23.Miscellaneous:This Agreement contains the entire agreement between you and us and may not be modified except as provided therein or in writing signed by you and us,and supersedes any purchase orders.We win not accept payment in cash.If you so request and we permit the early termination of this Agreement,you agree to pay a fee for such privilege.Notices must be in writing and will be deemed given five days after mailrg to your or our mailing address.If a curt finds any provision of this Agreement to be unenforceable,all other terms of that Agreement will remain In effect and enforceable.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.In no event will we charge or collect any amounts in excess of those allowed by applicable law.Time is of the essence.You hereby adoowledge and confirm that you have not received any tax,financial.accounting or legal advice from us,or the manufacturer of the Equipment It is the Customer's sole and exclusive responsibility to ensure that all data from all disk drives or magnetic media are erased of any customer data and information.TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES,FEDERAL LAW REQUIRES ALL FINANCIAL INSTfTUiiONS TO OBTAIN,VERIFY AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT.WHAT THIS MEANS TO YOU:WHEN YOU OPEN AN ACCOUNT,WE WILL ASK FOR YOUR NAME,ADDRESS AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU.WE MAY ALSO ASK TO SEE IDENTIFYING DOCUMENTS. 2 of 2 TFS/TBS FMV LEASE AGREEMENT—0518 • NON APPROPRIATION RIDER This Non Approprlat_ion Rider to the Lease With Maintenance Agreement No._..�dated ,70 or the FMV Lease Agreement No.—dated , 20_(each, individually, the `Lease"), Is by and between Toshiba Financial Services (Lessor)and CITY OF SUNNY ISLES BEACH (Lessee). Capitalized terms used herein without definition shall be defined as provided In the Lease. Notwithstanding anything contained in the Lease to the contrary, 1. Lessee presently Intends to continue the Lease for Its entire term and to pay all rentals or other payments relating thereto and shall do all things lawfully within its power to obtain and maintain funds from which the rentals and all other payments owing thereunder may be made. To the extent permitted by law,the person or entity in charge of preparing Lessee's budget will include in the budget request for each fiscal year during the term of the Lease the rentals to become due in such fiscal year, and will use all reasonable and lawful means available to secure the appropriation of money for such fiscal year sufficient to pay all rentals coming due therein. The parties acknowledge that appropriation for rentals is a governmental function which Lessee cannot contractually commit hself in advance to perform end the Lease does not constitute such a commitment. However, Lessee reasonably believes that moneys in an amount sufficient to make all rentals can and will lawfully be appropriated and made available to permit Lessee's continued utilization of the Equipment in the performance of its essential functions during the term of the Lease. 2. If Lessee's governing body fails to appropriate sufficient moneys in any fiscal year for rentals or other payments due under the Lease and if other funds are not available for such payments, then a "Non-Appropriation" shall be deemed to have occurred. if a Non-Appropriation occurs,then: (i)Lessee shell give Lessor immediate notice of such Non-Appropriation and provide written evidence of such failure by Lessee's governing body at least sixty(80)days prior to the end of the then current fiscal year or if Non-Appropriation has not occurred by that date,immediately upon such Non-Appropriation;(ii)no later than the last day of the fiscal year for which appropriations were made for the rentals due under the Lease(the"Return Date"), Lessee shall return to lessor all,but not less than all,of the Equipment covered by the Lease,etLessee's sole expanse,in accordance with the terms hereof;and(Iii)the Lease shall terminate on the Return Date without penalty or expense to Lessee and Lessee shall not be obligated to pay the rentals beyond such fiscal year,provided,that Lessee shall pay ell rentals and other payments due under the Lease for which moneys shall have been appropriated or are otherwise available, provided further,that Lessee-shall pay month-to-month rent at the rate set forth in the Lease for each month or part thereof that Lessee fails to return the Equipment as required herein. 3. The Leese shall be deemed executory only to the extent of monies appropriated and available for the purpose of the Lease,and no liability on account thereof shall be Incurred by the Lessee beyond the amount of such monies. The Lease is not a general obligation of the Lessee. Neither the full faith and credit nor the taxing power of the Lessee are pledged to the payment of any amount due or to become due under the Lease. It is understood that neither the Lease nor any representation by any public employee or officer creates any legal or moral obligation to appropriate or make monies available for the purpose of the Lease. 4. The Lessee end Lesser agree that they intend the Leese to be an operating lease and that by the execution thereof, Lessee acquires no ownership interest in the Equipment whether vested or contingent. The Lessee's Interest in the Equipment is limited to that of a lessee and Lessor retains all the rights of owner therein. Any provisions indicating to the contrary In this Rider are for precautionary purposes only. IN WITNESS WHEREOF, each of the parties hereto has caused this Rider to be executed es of the day of 20 . T. T• 1ba Financial Se 'us CITY OF SUNNY ISLES BEACH ( or) (Lessee) ' ILI By (Date) (Date) Nam-re.#61 ' A NamefThle + • • • • • SALES ORDER T S I BA BUSINESS .SOLUTIONS SO" I .0■O - SALESPA0N4, NUMBER ORDEROATS tudes Represer►s>Eve: Pauline Gregory 1211842018 • ttnrc cfFY OF SUNNY ISLES songAMdrasa:18070 COLLINS AVE ACCOUNTS PAYABLE Phones E1: Falb: Addreas2 Ccdttact: Customer Pat -f IC*SUNNY ISLES$EASH_ &ts:FL - _ nx 33160 rats EOUFMENT AND SUPPLIES • . QTY. EQUIPMENT&ACCESSORIES PRODUCT NU•.1:ER SERIAL WEBER UNIT PRICE • AMOUNT 1 .o-STUDIO4515AC 45 PPM DIgtlal War MFP ESTUDI04515AC SEE LEASE 1 100481teet PIMP MR3031 t3 • - _ I Stand VAND5005 1 Inner Finisher MJIO428 x __ 1 Hole Ninon for MJ1042 M.16011 1 Fax Unit/2nd Line Fax Unit GD1370N • • ."'"+" BPf=CtAt.INSTfIUCTIiiS sub Tom SEE LEASE $186,27 PER MONTH 136 MONTH TERM-TERMS AND Other CONDITIONS PER THE STATE OF FLORIDA CONTRACT##600- EOLtSecur y 000-'11L.1 Prafesslonal Fees connacIMpr Fees • Make Fees Taxable Total Tax Pald Advance Paid • Total SEE LEASE • CUSTOMER ACC EPTAt iCE .• . . • c,tie tht*WetteR the wetomertdvrombdgatta t NAM hpna4r-.d vas Mood ets tato aidoorifeee of tbh sffreememt .LlmeOLtretreati.'The ears rtYmtt mama poaas(000 Conviela oro crow was cm cuatydeoziltga tithtl Agoametand wit be 0O4g04I tnneortveletp ¢sseW.0hada ay tflLate=tom to MI qe•. • •--train*AV WI&ye a24,Ge limy date a hnlithaoe tit MI t 1,a rKw Ceuta.nr Baty(3C)dap te..er the Will disk aria: mn to this cap d em d w ribmailmo 9e,34 twice?at 00 r9To4 ad acp •.0y rape a feftaoerrar0 el to ohs awes,um ace000Voo Mame s44 wlrlareteloi UUII the(toate ltda been eMGad,Matatet,wesArryt aW oaerebd b eesardaeae tErh Cse Baha recvnaddian . .r.Maryelts.TetarBpatrpeon*daactgplltooaruam1p1saala4,buta10044t0.Crcrta,dmr4tpWeaknomdrrelest,mew,motticopr0rbm,Prmsnn0 ,(0pptanatav0tstaNa. ole warranty b nralatre e0o to A Zeis et any weasatu d m,rerterttot&,fltruu ter a prdfvukrr$opoo or o4Mt~am at Gatlt1.•fiothv express et omitted,atspt of Me arra Watt Demist inn at • u ennoatomase,01 the Ma MU tnb SY to padoel of tont psrmAAd eAay.64,13 rami full]m ad u 0411e1Ulhe at Om Wet u Pe QUiOng:Mfi to,Cr uterq coat Bre war xhemm taws en mood hegiaatoe,81,14 tertratfity a01:masa. Print Nemec 1/4: T 65 ACCEPTANCE - W ,J I�Ti 1T trr t tj1 � RCYl �i_A Yvtt�J�L!!.►'e__�i.� �IYri. �IR•L��i:r'nerYeaLW ler • • • • • SALES ORDER0318 AIMS MAINTENANCE CONTRACT BUSINESS SOLUTIONS m44,090 • AINIIIMMIni—ALES PApiEr 1 UMI)ER 1 EFFECTIVE DATE Salsa Representative: Pautlne Gregory Install Dale Customer agrees to gumtrees end Toehba Buslneas Sotutfone agrees to pray da perk, labor, Ink toner. end tamer containers (the `Malnteaance Serotces`)ter the equfpmarit Ned below In accordance with the terms and candtane of tads contract Tho Mehntoeenoe Sentries exclude paper,staples end a0 other parte and nen des fated ender the Exclusion cannon on page Nov of Big conbact A Cumoct?v1&Security Options Agreement must he attacked end executed(orNetworIt MlegrationSupport. CUSTOMER INFORMATION - - -• . - Customer Nam CITY OF SUNNY ISLES - Acerow:18070COLLINS AVE ACCOUNTS PAYABLE Pismo 8: Ext. 'Flap: _-- Aa a Co ten ceet r PO _ 04:SUNNY ISLES BEACH slate:FL Ep:33180 mag INVOICE i METER COLLECTION INFORMATION _ . MeterCollec@orc Non-Metered Electronic No Invoice Lacsttoix Address Tena: 36 Months SEE ATTACHED MAINTENANCE CONTRACT SCHEDULE FOR DEVICE rerfts TRANSACTION'TERMS(Coi solidafed Minimums Per Pool:! . - Peal Dae :--,.nErcaecoas B11-61499 Typo tncfudea Unita ,�, i; Ott Gnasa roe- Ex Mono pool CPP 0 EMI $0.OD Month! $0.00819 IIIII=1111 Color Pool iillaZINM 0 112M11 if.00 Mo $0.04500 Month!. 11111111111111111111MM 111111111.111 MEM MEM IIIIIMI MEM OEM= MINIM IIIIIIIIIIIMIIIIIIIIMIIIIII . MEIN. MEI MIN� MEM ME111.1•1111111•11 11111•11111111111111111111 =MIN 1=11111111111111111111111•11 41•1111111111•1= MIIIMINIIII • Total Monthly M ehra m $0.00 Cratrn er bog dining memos=on the equipment listed on the stashed agreement. — Putted NUM� � idle: —" Signature: 'ACCEPTANCE.' ' ' . • - THE TERMS • . comma tip ARE -ART OP THIS SERVICE AGREEMENT. •BY = •NINO THIS CO , THE t tISTOMER ACKNOWLEDGES'THAT THEY HAVE READ ANDUNDERSTAND THESE RM& Customer agrees to pay-the Ml darters Payment per trans:take banns,'plea any EXCeae Par Unit Charges to the fern of this Contract when this°tepaci is signed by Customer and TBS.11 ohusi comillute a binding contract and In non-0uncetabto. This Contract sill begin en the date signed by TBS botae. You heretay ecknowtodge end agree that your etectionic*nature below shell canaituto an earerceatde and original signature for eH purposes. Qua=er.CITY OF SUNNY ISLES Toshiba Business Solutions Solutions PrInted Name: Primed Noma reit Aci Stgneture: sl9nata u% / J _____ flits: a:. f 0:. 6 .(3--0._, I p..: ,,,,-,,,e, 1 of 2 ABS HA1NTEtlANCECONiRACT-G5t8 • TERMSAND'CONDITIONS.' CONTINUED • I.ACCEPTANCE.This Canted shag not be effective unless signed by to authorized TBS representative(Effective Date)Within 30 dais for the Custoniess signing of this Contract 2.Tenn. This Carted wB Rlnakh in forth br 36 ninths tom the Effective Data(Renewal Date)andel then be automatically renewed for annual period(s)unless either parry provides nate of termination net less than thirty(30)days prior to the Renewal lb3.For each piece of equipment under Ods Canted Oars not be a Start Data&Start Meter.Service for each place of equipment will be provided from the Start Date&Start Meter unix tib Centrad le temdrated or the equipment • is withdrawn tom the service.tautomer may withdraw hrdh ival equ'ymerd by providing thirty(30)day wriSen notice prior to the Renewal Data.Customer is responsible be all remaining Mtoioum Payments if Customer is In default or if equipment is withdrawn prior to Renewal Data. 3.SERVICE AVAILABILITY.TSS wit provide service during TBS's normal service hours whale the equipment a boated within TBS's designated service area.Service outside TBS's designated area,d avafable and accepted by TBS is subject to a Trp Charge,which stall be based on reasonable travel expense for TBS's personnel It a the responsibility of the Customer to notify TBS prior to relocating equipment The service to keep the equipment In o restore the equipment t to geed waling order includes Emergency Service Calls and Periodic Maintenance ce(PM's).Pits may be performed during the course of en Emergency Service Call and are based upon the specie needs of the Individual equtprtent as determined by TBS.Maintenance wit Include bbricatdn,adjustments ani replacement of maintenance parts deemed necessary by TBS.Maintenance parts will normally be either new or equivalent to new in perfarrtai ce when installed in the equipment Ma6dener=parts win be banished on an exchange basis and the replaced parts become the property of TBS.Service provided under this Centrad does net assure the uninarnated operation of the agreement If the Customer requests senka to be pertained ata tine outside TBS's normal service hoes,Bene will be no edddimal dwge br maintenance parts,however,the service,t avaaable,will be banished at TBS's applicable hourly rags and temp Oen to effect Nothing herein stall be construed to require TBS to provide service carbide is normal service hours and THS hereby reserves the right to accept or reject such requests. In to event there is a substrata f:mass In the cost of fuel,Customer agrees to pay a fuel surcharge.'SLbstantiar shall be'clothed as a 10%or more flange over a sac month periodos the average national fuel cost as reported by the United States Energy trsiortnation Administration. Tie benchmark wit be the rational average fuel cost as reported by the United Stat Energy LdwnWien Administration on the FBedna Data of this Agtuxtnert. 4.NETWORK INTEGRATION SUPPORT.Support of print conbdters and print/scan enablers that permit the admiration of to device onto a Customer's network is covered older the teens of a properly executed Connedivily S Seamy Options Agreemerd The Connectivity&Security Options Agreement le an amendment to lie centrad and must be attached and/or on fie for this optimal service support 5.INVOICING•LATE CHARGES.The first farina Payment a due upon receipt of an invoice.-Thereafter,Minimum Payments wE be due on the same date each merds during the Tam of tis Contract whether or not Customer receives an - - invoice.Customer's dtgatbn to pay Oe Minimum Payment a oncersd fond and a not subject to any reduction,ser-o8,detersse,or aoesfendatrs for any reason whatsoever.Excess Cade Charge,O apprratie,will be invoiced based on the bang pence reacted on the faced this Preece •O arty part of a payment is rid made by the Customer when due,Customer agrees to pay TBS a Late Charge of to higher of 625 or two percent(2%)of each such late payment,but rot more than peer lted by law.Customer agrees to pay TBS the Late Charge not later than ore(1)month ideating the data of the original heloma n Payment 6.USAGE In raters for the M'mknum Payment,Customer is entitled to use to Minimum Number of Units each biting period.If Customer uses more than the Minimum Nurnber of lards to any bang period,Customer vel pay an additional amount equal to the number of metered Units esceedusg the agreed Minimum thudded ion to lines to Excess Charge as shown on the face of this Contact Customer admit/edges that to no event shall to Customer be enticed to any refund or rebate of to Minimum Payment if metered oasts resell in less than the Minimum Manlier leer of Units in any billing period. Your Toshiba system vr®carte with leeway communication enabled.TBS will provide updates,system bads ups,and meter Coliection automatically.Please advise t you do not wish to have this feature enabled.TBS may estimate the number of rids used if requested Meter Readings era not received before a new biting period began.TBS wD adjust to estimated dagge for Excess Units upon receipt of actual Meter Readings.Noathsta hdog any adjustment the Customer will never pay less than the Minimum Payment Customer will provide meter readings via en automated website.TSS may charge a fee td recover the cost of meter coladlons O meters are not submitted through the automated website.TBS reserves the rigid to caret Customer to a that tee,based upon the greater of a specific urdfs historical average volume or the device type's midpoint manufacturer marrmended volume,if metes are rot made avalable for the device(s)afar 3 consecutive bBsg periods. Upon to Orsi anniversary of the Effective Data and each subsequent anniversary date thereafter,TBS reserves the right to apply annual increases not to exceed fifteen(15%)percent of the predads and services combined. 7.CONSUMABLE SUPPLIES.TBS agrees to banish consumable simples(ik toner and toner coledion containers)for the Term of the Contract except as excluded in sedan 12 below.Customer is responsible bordering supplies to assure ample time for delivery.TBS may charge you a supply freight fee to cover our cost of shipping supplies to you.TBS wit determine the number of supplies to be shipped based on the Minimum Nurnber of Units and Excess Uncle metered.t TBS detemaes Oat the Customer has used Mae than Meth percent(15%)surpples than normal for the number of metered ants,based on yields published by the mandachaer,Customer agrees to pay TBS's astorsary larges for all excess supplies.Current pricing per unit is based on TBS premed vendor Inner.OOEM is requested,current pricing per and is subject to flange. Al supplies dernveted as part of this Contact remain the property of TBS reed and unless they are consumed by to equipment is the peufomance of this Contrail.Any supplies not consumed as specified and not=rendered to TBS upon- axpcatbn or termination of this Combed the be invoiced to Iia Customer at TBS's Oen amend prices.Customer agrees to provide insurance coverage for suppres is case of loss under any circumstances.Noferthriandmg to foregoing,the risk of loss of the consumable supplies shall be transferred dont TBS to Customer t kith consumable supplies are stored at Custmota focally. 8.TAXES.to addition to the charges due under this Canted,the Customer agrees to pay amounts equal to any taxes resulting from this Contract or any actvites hereunder,exclusive of taxes based upon net kerne. 9.INSTALLATiON AND ACCESS TO EQUIPMENT.Customer agrees to provide adequate space,environment and appropriate'electrical requirements inducing,if required,a dedicated 120 volt or 220 volt electrical One,as published in to Operator and Service Manuals for to operation and maintenance of the equipment If TBS has installed a power fithdsuge protector on the equipment,it must at all times remain wrtnuocsly instated.If it is removed Customer agrees to purchase a replacement torn TBS immed'iaidy.TBS shat have full and free access to the equipment to provide service thereon( If persons other than TBS representatives Install conversions,feature edddios,accessories or perform service on equipment and as a result further repair by TBS is required,such repairs shall be made at TBS's applicable Time and Material rates and terms then in effect if such additional repair is required,TBS may immediately withdraw to equipment horn this Conteh. 10.KEY OPERATOR•ENDIISER TRAM NG.Customer agrees to designate a Key Operator for training on to use,applicators and features of the equipment The Key Operator wit be responsible for normal Key Operator activities as detailed in the Operators Manual and fon taking addrtmal eedusers.if the Key Operator assignment changes Customer agrees to designate a new Key Operator immediately.TBS agrees to provide traimg fee to designated Key Operator and to provide Intal training for end-users on the use,applications and features o to equfpnrent.Addtional training requested by C cstorner after thirty(30)days tom Installation wit be at TBS normal hourly rates. 11.MOVES/ADDS/CHANGES.In order to guarantee co-time toner arrival and quality service response the,TBS must be roues in advance of any changes in to fleet Prior approval tarn TBS is req./ad before adding new devices to to Beet for support.Client agrees to be responsible for all costs associated with rebceton.If the Equipment is moved toe new location,TBS shall have the right to large a new rate for the new Iaaton and Chad agrees to pay to ddlereroe between to old rate and the new rah. 12,EXCLUSIONS.Service ureter this Centred does not indude: (a)Furnishing paper,staples,replacement peke heads,batteries,rtban,media,periodic maintenance on thermal printers or any of the foIowi g: (b)Service of equipment if rtoved outside of TBS's designated service area;(c)Repair of damage or Increase in service time caused by accident,misuse,negtgence,abuse or disaster,(d)Service of accessories,attachments or dick control devices other tan those of the same mamdactraer as the equipment(e)Painting or refinishing of the equipment(f)Makkg spa:ra.,u.0 changes;(g)overhaul;when TBS deternkes en overhaul is necessary because rental repair and parts replacement carrot keep the equipment to satisfactory operating TBS era submit a cost estimate to Customer and TBS will not commence work until Customer has approved cost(h)Performing key operator functions as desabed th the operator manual;()Moving equipment repair of damage or increase in service time caused by the use of the equip/nerd for other than the ordinary use for which designed;0)Repair of damage caused by eledritel surges or Bighting stiles,if equipment a connected to TBS supplied power tater/surge protector repass wit be included;(k)Repair of damage or increase in service time caused by fature to continually provide a suitable instablen environment t ass dethed by the manufadrer,with ell the facltes prescrbed by TBS ticketing,but not limited to,adequate space,electrical power,air conditioning or hurtddty control(I)Repair of equipment that has been designated as obsolete by the manufacturer and genuine OEM parts are no longer available.(m)Repair of damage or increase of service tinna caused by Customer's use of media outside the seedbeds=es described in to operator manual. 13.CUSTOMER OWiED EQUIPMENT.(a)TBS reserves the right to inspect the mechanical condition of all Customer Owned Equprnad to be covered ureter this Agreement Customer will be notified of Equihmerd land to require trmmdate repairs.Customer,at Os option,may elect to have said EquIpment repatred at the ten current hourly service tabor rate pis'parts ce elect to have the wit exduded tan this Agreement(b)To qualify for coverage under this Agreement each piece of Customer Owned Equipment nest have an Mal consumable supply level of at least 25%(twenty five percent)of Its Capacity.For any Equipment falling under that level,Customer will be r sponsibte for replacing anchor purchasing the Initial consumables required to restore the device to to 25%level.(c)Service of printers under this egteesment wit possibly include replacement parts that may lava been used and/or reconditioned.Parts that have been replaced will remain the property of TBS.if Customer Owned Equipment becomes obsolete,or unserviceable,dant to responsible br reptadng the device,and TBS wE remove obsolete device torn anent agreement 14 INDEMNITY AND DISCLAIMER. TBS shall not be respo able for any k{uies,damages,penalties,dans or losses vdudrg legal menses Teamed by Customer a arty other person caused by the kmstatati:et selection,ownership, possession,maintenance,condition or use of the Equipment Customer agrees to reimburse TBS for and to defend TBS against any stators for suds losses,damages,penalties,dakns,*ries or expanses.This indemnity shall canines even atter this Contact has expired. IN NO EVENT WALL TSS BE LIABLE FOR LOST PROMS,CONSEQUENTIAL,EXPECTANCY OR INDIRECT DAMAGES EVEN IF TBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DXECPT AS OTHERWISE SET FORTH HEREIN,TES DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES;INCLUDING BUT NOT LIMITED TO,THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,REPRESENTATION OR WARRANTY AWSDRG OUT OF.USAGE AND TRADE COURSE OR DEALING OR COURSE OR PERFORMANCE EXCEPT AS PROVIDED HEREIN,THE PARTS AND SERVICES ARE PROVIDED'AS IS.' 15.GENERAL Subject to the terms of the toNowing paragraph,TBS may modify the terms and conditions of this Contract effective on to Renewal Date by providing the Customer with prior written rodeo. My such modification will apply rimless the Customer withdraws to erneproent affected by such modifimtm from this Contrail Otherwise this Caoad can only be modified by a writes agreement duty signed by persons menaced to sign contacts on behalf of the Customer and of TBS.Variance from the tars and cenditons of tris Contract In any Customer order or other written moddhmtion will be of no effect. The Customer represents that to Customer is the owner of to equ ipmerd under this Contract or,if not to owner,a the lessee or renter of to equipment Customer will execute a maintenance agnarned for the equipment with a Toshiba authorized dealer or Customer will waive certain rights under Toshiba's maadadtrees warranty. This Contrast a not assignable,its right,dunes and obligations may not be assigned em transferred by time Customer without the prior written consent of TBS..Any attempt to assign or transfer any of me rights,duties or obligators of this Contract without such consent is void. TBS's service provided outside the scope of the Centred vow be furnished at TBS's apoatabe time and material rates and leers then in effect TBS a not responsible for future to render service due to causes beyond es mmol. This Contract wit be governed by the laws of the state whore the Customer executed this Contract If either party tads to comply with the terns and whdOons of this Contract,to non-breading party shall notify the breadvg party in writing using earthed mail to the address on the face of this Contrail The breading pay stall have thirty(30)days to cure any breath of this Contract prior to the non-breaching party takes the legal action.Na areas,regardless of form,arising out of this Contract may be brought by either party man than one year after to muse of action las arisen,or.in the case of non-payment more than two years from the date of the last payment 2 of 2 AIMS MAINTENANCE CONTRACT—0518 'TOSHIBA - ..ars- :fir..: - -_.fir:- .:f: ,.p.:="1---'-' .;ems,_,,,,- _,- yaur .a<,A _-._ -,. r-----*----_ -::aw: l CITY OF SUNNY ISLES STATE OF FLORIDA CONTRACT#600-000-11-1 4A-4TH FLOOR DEALER/RESELLER: TOSHIBA AMERICA BUSINESS SOLUTIONStINC F11690-4555C PICK UP SEGMENT 4.1 -COLOR 1 . SPEED:41 -50 PAGES PER MINUTE TOSHIBA e-STUDIO4515AC SPECIFICATIONS I •Copy/Print Resolution-600 x 600 dpi f i } •Scan Resolution-Up to 600 dpi t#> 5 r- yf The e-STUD • AC from Toshiba bring .Copy/Print Speed45/45(B&W/Color)PPM Letter �' mid-volume workgroups impressive color and t I (Letter) '1F.:- .1:1;: '.`-'1- •First high-volume black and white,including copy, Copy Out Time-5.7 sec color/4.4 sec black .f.: J , t '.- print,scan and fax capabilities. Now,thanks •Warm-Up Time-20 sec ,„3-,-.,..:„;.,-..--...4,--.. ..4.;..1, --1` - to the integration of the new generation e •Maximum Paper Capacity-3,200 sheets ` c~ .„ BRIDGE platform,features can be added Paper Sizes-Letter,Legal,and Ledger ", - later-similar to the way apps are added to • j'.; .4",.,`,,,-;',1__...f,1:..:*;.--;;',..: smart nes. I •Duty Cycle-105,000 impressions PRICING t - -$166:27 PER MONTH/-36 MONTH TERM , _ Lease(Monthly) - ' -/WW-f.1 r•4-T,'�,,�fr h*y.:.v -cv 4 .t rr' i ..�- ,x4.-,,,,,,,z4,-.4 + ' K` i,1*YJ. +. _ `°..,, t',Vc. >0 f y.,;1� .. G�- i.. 4- :.t ItIN £%- COIOr } B&WW;4 Part-Nu'mber 20-:::`4 Descnptroh=-ay'�r-t � r,-e,'.`- +u4,,sa4.-^,a °Retal�,. Purchase,t 24M �36M '1, 48M: ��,CPC .-_CPC?+1 eSTUD104515AG• _.45PPM Cotor,Copier "" * - $25,181 $4,705 S208.43 $141:43" $107.93 0.04500 0.00619 MR3031B ' 100-SheetRADF- $1,675 $237 $10.50 $7.12 $5.44 MR4000B 300-Sheet DSDF(e2515AC/3015AC require GC1410) $2,263 $495 $21.93 $14.88 $11.36 KA5005PC Platen Cover I • $47 $24' $1.06 $0.72 $0.55 MJ10426 Inner Finisher , $1,760 $485 $21.49 $14.58 $11.13 MJ1109B Console Finisher w/Stapling $2,284 $633 $28.04 $19.03 $14.52 I MJ1110B Finisher-Saddle Stitch $3,395 $942 $41.73 $28.32 $21.61 KN5005 Bridge Kit(Required with MJ1109B/1110B) $265 $74 $3.28 $2.22 $1.70 MJ5015 Job Separator $289 $113 $5.01 $3.40 $2.59 MJ6011 Hole Punch for MJ1042B I $850 $247 $10.94 $7.42 $5.67 MJ6105 Hole Punch(for MJ1109B&MJ11108) $850 $233 $10.32 $7.00 $5.35 I I K010588 550 Sheet Paper Feed Pedestal $980 $245 $10.85 S7.36 $5.62 I MY1048B 550-Sheet Drawer $550 $138 $6.11 54.15 $3.17 MY1049B Envelope Drawer Module $550 $138 $6.11 $4.15 $3.17 KD1059B 2000 Sheet Large Capacity Feeder $1,225 $307 $13.60 $9.23 $7.04 PWRFLTR-XGPCS15D Next Gen PCS Power Filter,120V-15 AMPS $1,160 $118 $5.23 $3.55 $2.71 I STAND5005 Stand I $215 $112 $4.96 $3.37 $2.57 GN4020 Wireless LAN/Bluetooth Module(requires GR1310 for e2: $629 $319 $14.13 $9.59 $7.32 GR1330 Accessory Tray(Keyboard Shelf) $99 $34 $1.51 $1.02 $0.78 GR1340 Panel 10 Key Option • $99 $34 $1.51 $1.02 $0.78 GR9000 Bluetooth Keyboard(requires GN4020) $99 $34 $1.51 $1.02 $0.78 GR1310 - USB Hub $109 $40 $1.77 $1.20 $0.92 • GR1320 Card Reader Holder(Requires GR1310 for e2515AC/301 $99. $34 $1.51 $1.02 $0.78 GS1010 Meta Scan Enabler for e-CONNECT $524 $218 $9.66 $6.55 $5.00 GS1080 Embedded OCR Enabler 1 License(requires GC1410 on S775 $253 $11.21 $7.61 $5.80 GS1090 Multi-Station Print Enabler 1 License(requires GC1410 oS $195 $57 $2.53 S1.71 $1.31 GS1007 Unicode Font Enabler $275 $229 $10.14 $6.88 $5.25 GP1190A HARDCOPY SECURITY KIT(COLOR MODELS ONLY) $1,899 $777 $34.42 $23.36 $17.82 GS1007 Unicode Font Enabler $275 $229 $10.14 S6.88 $5.25 GP1080 IPSEC Enabler $799 $437 $19.36 $13.14 $10.02 GE1230 FIPS HDD ! I $395 $116 $5.14 $3.49 $2.66 GC1410 4GB Memory Option(required with DSDF or any 3rd part` $150 $75 $3.32 $2.25 $1.72 GD1370N • Fax Unit/2nd Line Fax Unit I I $1,025 $411 I $18.21 $12.35 $9.43 I TFC505UK Black Toner(Warranty Period Only) N/A 580 I I TFC505UC Cyan Toner(Warranty Period Only) N/A S203 TFC505UM Yellow Toner(Warranty Period Only) N/A $203 TFC505UY Magenta Toner(Warranty Period Only) N/A $203 STAPLE2400 Staples=MJ1042/MJ1109/MJ1110 N/A $96 (1 box=5,000 st x 3) = STAPLE3100 I N/A $79 i ((1 boxStaples=2,000MJ1st110 x 4) • MYFLORIDA MARKETPLACE ORDERING INFORMATION 1 ! NON-MYFLORIDA MARKETPLACE ORDERING INFORMATION I Please refer to the information below for ordering instructions. Please contact the person below for ordering instructions. .CHECK PAYMENTS: CONTACT INFORMATION LEASE&PURCHASE-EQUIPMENT&MAINTENANCE Contact:Mike McKinley Supplier: Toshiba America Business Solutions Inc 25530 Commercentr Dr,Lake Forest,CA 92630 Order from: 25530 Commercentr Dr,Lake Forest.CA 92630 Phone:678-613-2311 • C°pNNt 4tf, ,N_, ` CONTRACTOR ANTI-BOYCOTT CERTIFICATION [PURSUANT TO FLORIDA STATUTE§215.4725] � r 49XL w2&!/`'on behalf of 7J,4l c/ /A1-j-C AA".- Print Name Company Name certifies that 6,¢2s/"..c4 sS 6/. ./4..)'_s does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycottlsrael list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Cuba or Syria. attire South Region President Title 1/23/19 Date ATTACHMENT"B"