HomeMy WebLinkAboutReso 2026-3949RESOLUTION NO. 2026-.3w6
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING A
LEASE AGREEMENT WITH TOSHIBA BUSINESS SOLUTIONS FOR FIVE (5)
COPIERS, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY-NINE
THOUSAND AND NO CENTS ($139,000.00), AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach (the "City") was in need of replacing five (5)
copiers located at various city facilities (the "Copiers"); and
WHEREAS, after conducting their due diligence, City staff has determined that TOSHIBA
Business Solutions (the "Vendor") offers copiers that have the appropriate copying, printing,
and scanning capabilities to meet the City's needs; and
WHEREAS, on November 20, 2025, via Resolution No. 2025-3928, the City Commission
authorized the City Manager to negotiate and execute a Lease Agreement with the Vendor,
provided the final negotiated and executed Lease Agreement was subsequently ratified by the
City Commission; and
WHEREAS, the Lease Agreement was negotiated based upon the NASPO ValuePoint
Master Agreement No. 44100000-NASO-24-ACS; and
WHEREAS, pursuant to Section 62-13(I) of the City's Purchasing Code, purchases made
through intergovernmental cooperative purchasing arrangements or purchasing consortiums
organized as a corporation not for profit whose members are governmental entities, provided
that such cooperative purchasing arrangements or consortiums provide for a competitive
process to select a vendor, are exempt from the competitive bidding requirements set forth in
Chapter 62; and
WHEREAS, on December 8, 2025, the City Manager executed a Lease Agreement with
the Vendor for the Copiers; and
WHEREAS, the City now wishes to ratify the Lease Agreement with the Vendor,
attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Ratification of Lease Agreement. The City Commission hereby ratifies the Lease
Agreement with the Vendor, attached hereto as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this Resolution.
Section 3. Effective Date. The Resolution shall become effective upon adoption.
@Bcl@101733bc Page 1 of 2 762
PASSED AND ADOPTED this 151h day of Jan
ATTESTn '
Mauricib Betanc0, CIVIC, City Clerk
Larisa
20
n, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
- —41 a �—
Alain E. Boileau, for Nabors, Giblin &
Nickerson, P.A., City Attorney
Moved by: Seconded by: / � /p � tllsok e
Vote:
Mayor Svechin (Yes) (No)
Vice Mayor Lama (Yes) (No)
Commissioner Joseph (Yes) (No)
Commissioner Stuyvesant (Yes) (No)
Commissioner Viscarra (Yes) (No)
@Bcl@101733bc Page 2 of 2 763
ATTACHMENT 1— TOSHIBA LEASE AGREEMENT TERMS AND CONDITIONS
AGREEMENT FOR LEASE OF EQUIPMENT
a Contract Between
"Lessee"
City of Sunny Isles Beach,
18070 Collins Avenue, Sunny Isles Beach, FL 33160
and
Toshiba America Business Solutions, Inc.
WHEREAS Lessee is authorized to lease under the NASPO-ValuePoint Master Agreement ("Master
Agreement") and the State of Florida Participating Addendum thereto; and
WHEREAS it is deemed that the lease of this equipment is both necessary and for the good of Lessee.
NOW, THEREFORE, in consideration of the aforesaid premises, the parties mutually agree as follows;
1. LEASE TERM, This Agreement shall be effective from the date of delivery and acceptance of Leased Equipment for
the term set forth on the (i) Attachment 6, Toshiba Lease Order Form and if applicable Attachment 7, Toshiba Lease
Order Form Schedule B (collectively an "Order Form'); or (n) the Lessee's Purchase Order (PO) to which this Agreement
is attached, unless sooner terminated by either party as set forth in Section 6 of this Agreement.
2. DEFINMONS. "Lease Term" means the term of this Agreement as set forth in Section 1. "Leased Equipment"
means the (i)'equipment described in the Order Form, attached to this Agreement, and which is incorporated Herein; (ii)
any replacement equipment provided by Lessor, and (ih) any additional equipment described under subsequent Order
Forms agreed to during the term of this Agreement. "Lessor" means Toshiba America Business Solutions, Inc. or, if
applicable, its permitted assignee.
3. CONSIDERATION (RENT). The parties agree that for the Lease Term, Lessor leases to Lessee the equipment
described in, and for the lease payments set forth in, the Order Form, excluding meter charges, late fees and applicable
taxes. Except as provided in section 6(c), lessee's payment obligations are absolute and unconditional and are not subject
to cancellation, reduction or setoff for any reason whatsoever. Lessee does not agree to reimburse Lessor for expenses,
unless otherwise specified in the incorporated documents. Any intervening end to a fiscal period shall be deemed a
contract renewal (not changing the overall Agreement term) or a termination as. the results of legislative appropriation
may be required
4. POSSESSION. TITLE AND RETURN.
(a) Lessee shall have possession of the Leased Equipment for the Lease Term, unless this Agreement is earlier
terminated in accordance with Section 6 below and shall keep such Leased Equipment at the location specified in
the Order Form or such other location as Lessor may agree in writing.
(b) Lessor covenants that it has good title to the Leased Equipment, except any intangible property or associated
services such as periodic software licenses and prepaid database subscription rights included in the Leased
Equipment, if any. If the Order Form indicates that this lease is a Capital (i.e, $1 Buyout) Lease and if this
Agreement is deemed to be a secured transaction, Lessee grants Lessor a first priority security interest in the Leased
Equipment to secure all of Lessee's obligations under this Agreement, agrees not to permit any other liens on the
Leased Equipment, and shall own such Leased Equipment as of the acceptance date and Lessee authorizes Lessor
to record a UCC-Ito reflect such interest. At the end of the Lease Term, if Lessee is not in default, Lessor will
release any security interest it may have in the Leased Equipment subject to such Capital Lease, which will be
retained by Lessee.
(c) At the expiration of the term of this Agreement and provided that the Order Form does not indicate this lease is
a Capital Lease, upon Lessee's written request, Lessor shall remove the hard drive from the applicable Device and
provide the Lessee with custody of the hard drive before the Device is removed from the Lessor's location. Lessor
may charge the Purchasing Entity fee if the Purchasing Entity elects to keep the hard drive in their possession.
TOSHIDA — NASPO VALUEPOW Lease Agreement v011119 DOCUMENT A 10
764
The Lessee shall then be responsible for securely erasing or destroying the hard drive, If Lessee is not in breach of
this Agreement, all costs of removing and transporting the Leased Equipment at the expiration of the Lease Term
shall be the responsibility of Lessor.
(d) Risk of loss of the Leased Equipment rests with Lessor until the Leased Equipment is delivered to the Lessee's
designated location, at which time risk of loss passes to Lessee.
(e) If the Order Form indicates this lease is a Fair Market Value Lease, at the end of the Lease Term and upon 30
days' prior written notice to Lessor, Lessee may purchase all, but not less than all, of the Leased Equipment AS -IS
and WHERE -IS, WITHOUT ANY WARRANTY AS TO CONDITION, TITLE OR VALUE, for the Fair Market
Value, plus applicable sales and other taxes, if any.
5. TAXES. Lessee agrees to pay all fees, assessments, taxes and charges governmentally imposed upon Lessor's
purchase, ownership, possession, leasing, renting, operation, control or use of the Leased Equipment.
6. TERMINATION.
(a) Termination by Mutual Consent. Any discretionary or vested right of renewal notwithstanding, this Agreement
may be terminated upon written notice by mutual consent of both parties.
(b) Termination by Lessee without Cause. This lease may be bought out and all Leased Equipment returned to
Lessor, although fair market value leases, operational leases, non -cancelable rentals and capital leases are subject to
termination charge. The termination charge is equal to the balance of unpaid lease payments and other amounts due
hereunder (including any current or past due amounts) for leases and with regard to service or maintenance
obligations, may not exceed more than four (4) month service and supply base or 25% of the remaining term,
whichever is less.
(c) Termination for Non appropriation. The continuation of this Agreement beyond the current fiscal period is
subject to and contingent upon sufficient funds being appropriated, budgeted, and otherwise made available by
Lessee's legislature, governing body and/or federal sources. If for any reason Lessee's funding is not appropriated
or is withdrawn, limited, or impaired, Lessee may terminate this Agreement, and Lessor waives any and all claim(s)
for damages, effective as of the end of the fiscal period in which written notice of such non -appropriation,
withdrawal, limitation or impairment is provided by Lessee to Lessor. If Lessee terminates this Agreement because
of non -appropriation, withdrawal, limitation or impairment of funds, Lessee will not purchase, lease or rent
replacement equipment performing the same functions as the Leased Equipment during the subsequent fiscal period.
(d) Termination for Default or Breach. A default or breach may be declared with or without termination. This
Agreement may be terminated by either party upon written notice to the other party for any material breach or default
by the other party of any terms, conditions, covenants, or obligations of this Agreement. Notice of termination for
breach or default is effective 30 days following service of notice, or upon any subsequent date specified in the notice
of termination. Termination by Lessor due to Lessee's material breach or default will be subject to a termination
charge,: which is equal to the balance of lease payments and other amounts due hereunder (including any current or
past due amounts) for leases and may not exceed more than four (4) month service and supply base or 25% of the
remaining term, whichever is less, for service and maintenance charges.
7. INSURANCE. At Lessor's request, Lessee shall provide to Lessor proof that the Leased Equipment is covered for
the value thereof against property loss or damage while in Lessee's possession by Lessee's program of self-insurance
(if approved by Lessor and Lessor's assignee, if any) or a policy of property insurance from a qualified insurer.
8. LOSS OR DAMAGE. If any item of Leased Equipment is lost, stolen or damaged, Lessee will, at Lessee's option
and cost, either: (a) repair the item or replace the item with a comparable item reasonably acceptable to Lessor; or (b)
pay Lessor the sum of: (i) all past due and current lease payments and other amounts due under this Agreement; (ii)
the present value of all remaining lease payments for the effected item(s) of Leased Equipment, discounted at the rate
of 6% per annum; and (iii) if this lease is not a Capital Lease, the Fair Market Value of the effected item(s) of Leased
Equipment. Upon Lessee's payment to Lessor under clause (b) above, Lessor will then transfer to Lessee all of
Lessor's right, title and interest in the effected item(s) of Leased Product AS -IS AND WHERE -IS, WITHOUT ANY
WARRANTY AS CONDITION, TITLE OR VALUE. "Fair Market Value" means the item's fair market value at the
end of the Lease Term, assuming good order and condition (except for ordinary wear and tear from normal use), as
estimated by Lessor. No such loss or damage shall relieve Lessee of payment obligations hereunder.
Vol It 19 Page 2or5 TOSHMA-NASPOVALUEPOINTDOCUMENT11A10
765
9. WARRANTY AND MAINTENANCE OF EQUIPMENT: WARRANTY DISCLAIMER. All services performed
under this Agreement shall be of workmanlike quality, consistent with the standards of the trade, profession or
industry. Lessor shall assign to Lessee all manufacturer's warranties on the Leased Equipment, which shall be not
less than a full six months' warranty. Lessor shall be responsible for ongoing service and maintenance of the Leased
Equipment for the duration of the Lease Term. EXCEPT AS OTHERWISE STATED HEREIN, LESSOR MAKES
NO WARRANTY EXPRESS OR IMPLIED, INCLUDING THAT THE LEASED EQUIPMENT IS FIT FOR A
PARTICULAR PURPOSE OR THAT THE LEASED EQUIPMENT IS MERCHANTABLE. Lessee acknowledges
that none of Lessor or their representatives are agents of any assignee and none of them are authorized to modify the
terms of this lease or on any Schedule. No representation or warranty of Lessor with respect to the Leased Equipment
will bind any assignee, nor will any breach thereof relieve Lessee of any of its obligations hereunder. THIS LEASE
AGREEMENT AND EACH SCHEDULE CONSTITUTES A "FINANCE LEASE" AS DEFINED IN ARTICLE 2A
OF THE UNIFORM COMMERCIAL CODE (the "UCC"). Lessee agree that any manufacturer or Lessor warranty
or service agreement is a separate and independent obligation of Lessor to Lessee, that no assignee of the Lessor shall
have any obligation to Lessee with respect to such warranty or service agreement and that Lessee's obligations under
this Agreement are not subject to setoff, withholding, reduction, counterclaim or defense for any reason whatsoever
including, without limitation, any claim Lessee may have against Supplier.
10. LESSOR REMEDIES. If Lessee default, Lessor may do one or more of the following: (a) recover from Lessee,
as liquidated damages for loss of bargain and not as a penalty, the sum of: (i) all past due and current lease payments
and other amounts due under this Agreement; (ii) the present value of all remaining lease payments, discounted at the
rate of 6% per annum; and (iii)) require Lessee to make the Leased Equipment available to Lessor for pickup at
Lessee's premises (and Lessee shall be responsible for removing all data as provided in Section 4) and to pay all costs
of removing and transporting the Leased Equipment; (c) charge Lessee for expenses incurred in connection with the
enforcement of Lessor's remedies. If Lessor picks up the Leased Equipment, Lessor may sell, release or otherwise
dispose of the Leased Equipment and apply the proceeds, less reasonable selling and administrative expenses, to the
amounts due by Lessee. These remedies are cumulative, in addition to any other remedies provided by law, and may be
exercised concurrently or separately. Any failure or delay by Lessor to exercise any right shall not operate as a waiver
of any right. LESSOR SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL OR
SPECIAL DAMAGES.
11. PROPER AUTHORITY. The parties hereto represent and warrant that the person executing this Agreement on
behalf of each party has full power and authority to enter into this Agreement. Any services performed by Lessor
before this Agreement is effective or after it ceases to be effective are performed at the sole risk of Lessor.
12. LESSEE REPRESENTATIONS. Lessee represents that: (a) this Agreement and any documents required to be
delivered in connection with this Agreement (collectively, the "Documents") have been duly authorized by Lessee in
accordance with all applicable laws, rules, ordinances and regulations; (b) the Documents are valid, legal, binding
agreements, enforceable in accordance with their terms and the person(s) signing the Documents, if applicable, have
the authority to do so, are acting with the full authorization of Lessee's governing body, and hold the offices indicated
below their signatures; (c) the Leased Equipment is essential to the immediate performance of a governmental or
proprietary function by Lessee within the scope of Lessee's authority and shall be used during the Lease Term only
by Lessee to perform such function; (d) Lessee intends to use the Leased Equipment for the entire Lease Term and
shall take all necessary action to include in Lessee's annual budget any funds required to fulfill Lessee's obligations
each fiscal period during the Lease Term; (e) Lessee has complied fully with all applicable law governing open
meetings, public bidding and appropriations, required in connection with this lease and the debt under applicable state
law; (1) unless this lease is a Capital Lease, Lessee's obligations to remit Lease Payments constitutes a current expense
and not a debt under applicable state law; (g) this Agreement is binding on Lessee and Lessee's successors and assigns;
and (h) all financial information Lessee has provided is true and a reasonable representation of Lessee's financial
condition.
13. ASSIGNMENT. Lessee may not assign or dispose of any rights or obligations under this Agreement or sublease the
Leased Equipment without Lessor's prior written consent. Notwithstanding anything in the NASPO ValuePoint Master
Agreement and/or the Participating Addendum to the contrary, Lessor may assign all or any portion of this Agreement
or its interest in the Leased Equipment; provided that service obligations on the Leased Equipment shall remain with
Toshiba America Business Solutions, Inc. and expressly not with Lessor's assignee and must conform to the terms of the
NASPO ValuePoint Master Agreement and the State of Florida Participating Addendum. Lessor's assignee shall have
Lessor's rights under this Agreement, but none of Lessor's obligations. Lessee agrees not to assert any claims, defenses
or offsets it may have against Lessor against such assignees.
Vol It 19 Page 3 or 5 TOSHIBA - NASPO VALUEPO@rr DOCUbrtsNr HALO
766
14. AGREEMENT AND MODIFICATION. This Agreement is made pursuant to the NASPO ValuePoint Master
Agreement identified above, and the State of Florida Participating Addendum to that Master Agreement, the terms of
which are incorporated herein by reference. In the event of conflict between the Master Agreement or the State of Florida
Participating Addendum and this Agreement, the Master Agreement and the Participating Addendum shall govern and
control. Unless otherwise expressly authorized by the terms of this Agreement, no modification or amendment to this
Agreement shall be binding upon the parties, unless the same is in writing and signed by the respective parties hereto.
15. Tll1fl�PRICE. If the Toshiba Lease Order Form and Schedule indicates the lease is a Capital Lease, Lessee
understands that the Leased Equipment may be purchased for cash (the "Product Cost") or purchased pursuant to this
Agreement for an amount of each Lease Payment times the number of Lease Payments, less maintenance, as set forth
on the NASPO Lease Order Form and Schedule and this Agreement, plus the $1 Purchase Option amount stated on
the NASPO Lease Order Form and Schedule, and by signing this Agreement, Lessee has chosen to purchase the
Leased Equipment for that price. The Product Cost may be determined by dividing the Lease Payment by the lease
rate factor set forth on the NASPO Lease Order Form and Schedule. Each Lease Payment under a Capital Lease
includes a part of Lessor's investment in the Product Cost and a return on Lessor's investment in the Capital Lease.
The total return on Lessor's investment (the total finance charge) is determined by deducting the Product Cost (as
determined above) from the Time Price. The difference so determined is the return to Lessor on its investment (the
total finance charge). The rate of return (finance rate) may be determined by applying to the Product Cost, the rate
that will amortize the Product Cost down to the Purchase Option amount by applying as payments, the Lease
Payments. For purposes of that amortization, each Lease Payment will be considered received on the date it is required
to be paid under this Agreement.
16. GOVERNING LAW, JURY TRIAL WAIVER This Agreement and the rights and obligations of the parties hereto
Shall be governed by, and construed according to, the laws of the State of Florida, without giving effect to any principle
of conflict of laws that would require the application of the law of any other jurisdiction. BOTH PARTIES AGREE TO
WAIVE ALL RIGHTS TO A JURY TRIAL WITH RESPECT TO THIS AGREEMENT AND THE LEASED
EQUIPMENT.
17. NOTICE. All notices or other communications required or permitted to be given under this Agreement shall be in
writing and shall be deemed to have been duly given if (a) delivered personally in hand, (b) delivered by telephone,
facsimile or email with simultaneous regular mail, or (c) mailed certified mail, return receipt requested, postage prepaid
on the date posted, and addressed to the other party at the address specified above or such other address as the other party
may have provided written notice of in accordance with this Section 17. For purposes of computing times from service
of notice, service of notice by delivery in hand shall be effective on the date of delivery; notices that are mailed shall be
effective on the third calendar day following the date of mailing.
18. RESERVED.
19. ELECTRONIC DOCUMENTATION. This Agreement may be executed in counterparts and signed by the parties
manually or electronically. The executed counterpart that has Lessor's original signature and/or is in Lessor's
possession shall constitute chattel paper as that term is defined in the UCC and shall constitute the original agreement
for all purposes. If Lessee transmits this Agreement to Lessor by facsimile or other electronic transmission, the
transmitted copy shall be binding upon the parties. Neither party may raise as a defense to the enforcement of this
Agreement that it was signed or transmitted electronically.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed and intend to be legally bound
thereby.
Vol 11 19 Page A ors TOSHIBA - NASPO VALUEPOW DOCUMENT #A10
767
LESSOR:
Toshiba America Business Solutions,
Inc.
Date: ��-
Vol 11 19
Page 5 of 5
LESSEE:
City of Sunny Isles Beach
Name: JqXA A ,A10LA
Title: o &Mciooxc
Date:
TOSIUBA - NASPO VALUEPOM, DOCUNEWBAIQ
768
TOSHIBA
NASPO LEASE FOR EQUIPMENT AND MAINTENANCE ORDER FORM
Lessee Legal Name. Department Name: FEIN#
City of Sunny Isle Beach
Street Address 118070 Collins Avenue Bldg./Room/Suite:
City: Sunny Isles Beach State: FL Zip 33160 Billing Contact Name: Accounts Payable
Bill -To Phone Number. Email: Fax Number.
305-792A 707 I AccountsPavablefdlsibil.nat
Lessee legal Name: City of Sunny Isles Beach IDepartment Name: Information Technology
StreetAddressI Hlffia IaA Bldg./Room/Suite:
City: Sunny Isles Beach tate: FL ip:33160 Contact Name: Derrick Arias
Phone Number. Email: Fax Number.
EQUIPMENT
EQUIPMENT LEASE TYPE E
®
at ❑ Capital Lease ❑ Straight Lease ❑ 24 Mo ❑ 36 Mo ❑ 48 Mo
ITEM DESCRIPTION
If lnsufficient space, use Schedule A to
this Lease.Orlerform .and enter below
- u
_ - Sso Order Form Schedule'?)
EQUIPMENT LEASE
MAINTENANCE & SERVICES (MRS) PLAN ❑ Inc lude Staples
EQUIPMENT LEASE
%orRATE•FOR
$OUTLEABES
ONLY .
EQUIPMENT LEASH
PAYMENT
EIRMPA W-
CPO'-
; � .:.
ZFRO
ERASE
COLOR;,
O�„,'
MAINT
OPTION
'NUMBER.
1, 2, 7
WY
VOLUMp
(�) ..
M047HL
"SE
CHARGE
(ayy�, . -.
�
-.OVERAGE
RATE .
COLOR
OVERAGE
RATE
Toshibae6527AC— (total `offive)
d'800
00
03
S5 - Sheet Multi -Staple Finisher.
'
We Punch Unit
$,
Sum of Monthly, Equipment Lease Payments: 00
Sum of Monthly
Base Charges
S ;;
TOTAL MONTHLY PAYMENT:pinsonlL,al
Equipment Lease Payment + Monthly Base Charge (If Applicable) 0 0
Properly Tax
Required
O
VA$POADMIN FEE RATEt 0.25%. STATE ADMIN,FEE RATE (ifApplicable):
r
PO Issued.❑ yes ❑ No
SaleslUse Tex Exempt ❑ Yes ❑ No Tax•Exampt No. [Attach Tex Exemption]
PO #
Payment Cycle: Monthly Billing Document Fee: $75.00 Included in the 1K invoice
THIS ORDER OR I RPORATES ALL OF THE TERMS AND CONDITIONS OF THE LEASE AGREEMENT
LESSOR: o, n shi s lu n c. IUe: l Date:
SIGN AT�:
LESSEE: s t l ,f I U �I�iii! t (C R_ etas ��` ^ • �C
1!'aNi!�?iIJR Y 7
NASPO Lease for Equipment and Maintenance Order Form v011119
Document AI 1
769
TOSHIBA
BUSINESS SOLUTIONS SO-2.0.0
Sales Representative:
•
,CUSTOMER•R
Customer Neme: CITYOFSUNNY ISLES BEACH Tex IDN:
Billing Address: 18070COLLINS AVENUE
Phone*3os-792d707 Ext Fes%
Address 2: ACCOUNTS PAYABLE 1conlace
lCustomer Po#:
City: SUNNY ISLES BEACH Slate: FL Zip: 33160
iEQUIPMENT AND SUPPLIES
eMan: AccountePayaMa@elbS.net
qTY:
EQUIPMENT &`%ACCESSORIES
"'PRODUCT NUMBER
SHIP:TO ADDRESS'
UNIT PRICE
AMOUNT`
City of Sunny Isles Beach
1
6527AC
4A
65 - Staple Finisher
18070 Collins Avenue
Hole Punch Unit
Sunny Isles Beach, FL 33160
1
6527AC
City of Sunny Isles Beach
65 - Staple Finisher
3A
Hole Punch Unit
18070 Collins Avenue
Sunny Isles Beach, FL 33160
1
6527AC
City of Sunny Isles Beach
65 - Staple Finisher
Lehman-PW
Hole Punch Unit
Public Works Trailer
19160 Collins Avenue
Sunny Isles Beach, FL 33160
1
6527AC
City of Sunny Isles Beach
65 - Staple Finisher
Galway P
Hole Punch Unit
151 Sunny Isles Blvd
Sunny Isles Beach, FL 33160
1
6527AC
City of Sunny Isles. Beach
65 - Staple Finisher
IOcean Rescue
Hole Punch Unit
18070 Collins Avenue
Sunny Isles Beach, FL 33160
This Schedule "A" is herebvvedfied as correct by the undersigned. who
agree that your electronic signature above shall constitute an enforceable and original signature (or all
770
TOSHIBA
I I Administered by the State of Colorado #RFP-NP-23-001
These maintenance terms are pursuant to a Participating Addendum under NASPO ValuePoint Master Agreement administered
by the State of Colorado #RFP-NP-23-001 (the "Master Agreement"). By accepting this Attachment, Customer agrees to
purchase the services as set forth in the Maintenance Order Form. Contractor agrees to provide parts, labor, ink, toner, and
toner collection containers (the "Maintenance Services") for the equipment listed in Attachment 6, Toshiba Lease Order Form
in accordance with the terms and conditions of the Master Agreement and the Maintenance Agreement Terms below.
MAINTENANCE AGREEMENT TERMS
1. TERM: Each asset shall be annually renewable on each yearly anniversary date for an additional one (1) year period.
Contractor shall notify Customer in writing of any such pending anniversary date no later than ninety (90) days prior to such
date, and Customer shall have until thirty (30) days prior to such date to notify Contractor in writing that it wishes to renew
the term for an additional year in order for such renewal to take effect.
2. For each piece of equipment under this Maintenance Agreement there will be a Start Date & Start Meter. Service for each
piece of equipment will be provided from the Start Date & Start Meter until this Maintenance Agreement is terminated or
the equipment is withdrawn from service.
3. REMOVAL FROM SERVICE. Customer may withdraw individual equipment by providing thirty (30) day written notice prior
to the Renewal Date. Customer is responsible for all remaining Minimum Payments if Customer is in default or if equipment
is withdrawn prior to Renewal Date.
4. INVOICING CHARGES. Customer will pay the charges set forth in the Toshiba Lease Order Form. The first Minimum
Payment is due upon receipt of an invoice. Thereafter, Minimum Payments will be due on the same date each month during
the Term of this Maintenance Agreement whether or not Customer receives an invoice. Customer's obligation to pay the
Minimum Payment is unconditional and is not subject to any reduction, set-off, defense, or counterclaim for any reason
whatsoever. Excess click charges or Overage Charges, as applicable; will be invoiced monthly for the period selected on
the Maintenance Order Form.
6. If any part of a payment is not made by the Customer when due, Customer agrees to pay Contractor a Late Charge pursuant
to the terms of the Master Agreement.
6. Contractor may estimate the number of clicks used if requested Meter Readings are not received before a new billing period
begins. Contractor will adjust the estimated charge for overage clicks upon receipt of actual Meter Readings.
Notwithstanding any adjustment, the Customer will never pay less than the Minimum Payment. Customer will provide meter
readings via an automated website.
7. CONSUMABLE SUPPLIES. All supplies delivered as part of this Maintenance Agreement remain the property of Contractor
until and unless they are consumed by the equipment in the performance of this Agreement. Any supplies not consumed
as specified and not surrendered to Contractor upon expiration or termination of the Maintenance Services for an asset will
be invoiced to the Customer at Contractor's then current Master Agreement prices. Customer agrees to provide insurance
coverage for supplies in case of loss under any circumstances. Notwithstanding the foregoing, the risk of loss of the
consumable supplies shall be transferred from Contractor to Customer if such consumable supplies are stored at
Customer's facility.
8. TAXES. Unless Tax Exempt (as evidenced by certificate or in the case of exempt sales to federal, state, and local
government entities a seller may also document the exemption by retaining a copy of a government issued purchase order,
government check or voucher in place of the exemption certificate). In addition to the charges due under this Maintenance
Agreement, the Customer agrees to pay amounts equal to any taxes resulting from this Maintenance Agreement, or any
activities hereunder, exclusive of taxes based upon net income.
9. INSTALLATION AND ACCESS TO EQUIPMENT. Customer agrees to provide adequate space, environment and
appropriated electrical requirements including, if required, a dedicated 120 volt or 220 volt electrical line, as published in
the Operator and Service Manuals for the operation and maintenance of the equipment. If Contractor has installed a power
filter/surge protector on the equipment, it must at all times remain continuously installed. If it is removed Customer agrees
to purchase a replacement from Contractor immediately. Contractor shall have full and free access to the equipment to
provide service thereon.
Page 1 o1`2
771
10. If persons other than Contractor representatives install conversions, feature additions, accessories or perform service on
equipment and as a result further repair by Contractor is required, such repairs shall be made at Contractor's applicable
Time and Material rates and terms then in effect, per the Master Agreement pricing. If such additional repair is required,
Contractor may immediately withdraw the equipment from this Maintenance Agreement.
11. KEY OPERATOR - END -USER TRAINING. Customer agrees to designate a Key Operator for training on the use,
supplications and features of the equipment. The Key Operator will be responsible for normal Key Operator activities as
detailed in the Operations Manual and for training additional end -user. If the Key Operator assignment changes, Customer
agrees to designate anew Key Operator immediately. Contractor agrees to provide training for the designated Key Operator
and to provide initial training for end -users on the use, applications and features of the equipment. Additional training
requested by Customer will be at Contractor Master Agreement hourly rates.
12. EXCLUSIONS. Service under this Maintenance Agreement does not include:
a. Furnishing paper, staples (unless purchased by the Customer), replacement print heads, batteries, ribbons, media,
periodic maintenance on thermal printers or any of the following:
b. Service of equipment if moved outside of Contractor's designated service area;
c. Repair of damage or increase in service time caused by accident, misuse, negligence, abuse or disaster;
d. Service of accessories, attachments or click control devices other than those of the same manufacturer as the equipment;
e. Painting or refinishing of the equipment;
f. Making specification changes;
g. Performing key operator functions as described in the operator manual;
h. Moving equipment, repair of damage or increase in service time caused by the use of the equipment for other than the
ordinary use for which designed;
I. Repair of damage caused by electrical surges or lightning strikes, if equipment is connected to a Contractor supplied
power filter/surge protector repairs will be included;
j. Repair of damage or increase in service time caused by failure to continually provide a suitable installation environment
as defined by the manufacturer, with all the facilities prescribed by Contractor including, but not limited to, adequate
space, electrical power, air conditioning or humidity control
k. Repair of equipment that has been designated as obsolete by the manufacturer and genuine.OEM parts are no longer
available.
I. Repair of damage or increase of service time caused by Customer's use of media outside the specifications as described
in the operator manual.
13. This Maintenance Agreement is not assignable, its right, duties and obligations may not be assigned or transferred by the
Customer without the prior written consent of Contractor. Any attempt to assign or transfer any of the rights, duties or
obligations of this Maintenance Agreement without such consent is void. Contractor's service provided outside the scope of
this Maintenance Agreement will be furnished at Contractor's applicable time and material rates and terms then in effect.
Contractor is not responsible for failure to render service due to causes beyond its control.
Page 2 of'2
772
Term FMV-GOMoath
Lease Fairmont $205.82
Mono Color
CPC $0.0054 $0.0325
TOSHIBA ESTUDIOSS27AG • Copy/Pdat Resolution. up to 12GOx T200dp1
With high•podaun nce, lerodrust se curityandcteud-ready features, the e-STUDIOG527AC is the perfect choice 'Sean Resolution -Up to600 did
lot tedaYs modern work environments. • Copy/Pdnl Speed -65 PPM cawing PPM black (Letter)
• First Copy Out Time - 6.4 sec celer/4.5 sec black (Letter)
Print featerv4thspeede up to 65 pages par minute • Warm -Up lime.Approx. 20Seconds
Setaguard Information with leading -edge security • Maximum Paper Capacity -Up to 6,780 Sheets
Flea your team to walk remotely YAM cloud capabilities •Paper Sins- Letter, Legal, and Ledger
-0.3 to 110 f0s
... 6C.ON CP5S.�rfD. E 9 A-Mi 2-0 -Colors canhina
Cityof14, 64Isles each
$1801 OOlper Month •/ 60 �9onth Lease Term
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Male Scan Enabler for e-CONNECT
Embedded OCREnabler1License
Multi-Slallon Print Enabler l license
UldcodbFinl Enabler
IPSECEnabler
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$SD.00
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MYFLORIOA MARKETPLACE ORDERING INFORMATION
NON-MVFLORIDA MARKETPLACE ORDERING INFORMATION
Please rotor to the information belovafor ordotiog Instructions
Please contact the person below lororderfaginswc0ans.
Check Payments:
CONTACTINFORMATION
LEASE & PURCHASE • EQUIPMENT& MAINTENANCE
Correct: Mike McKinley
Supplier: Toshiba America Business Solutions Inc
25530 Commoreenue Dr. Lake forest. CA 92630
Older from: 25530 Commercimire Dr. Lake Fora 1. CA 92630
Phone; 678 613-23 11
Remit To: POBox402709 Allama.GA30364
Fw.949-587A971
FEIN: F33ON5305-022
EmalC mike.mcxinleyselabs.toshiba.com
773
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Mail,
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Toshibae6527AC $180.00 18070COLLINS AVE, 4A B-0.0054 C-0.0325
etthetmepfeatthmcaricspantling
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SerialNumber
ESMD106516AC F32409 SCIHK24885
Toshibae6527AC $180.00 1807000WNSAVE,3A B-0.0054 C-0.0326
ESTUD106516AC F32410 SClGK24307
Toshibae6527AC $180.00 19160COLLINS AVE Lehman -PW;Public Works Trailer B-0.0054 C-0.0326
ESTU0106516AC F32411 SCIHK24896
Toshibae6527AC $180.00 151 SUNNY ISLES BLVD, Gateway P B-0.0054 C-0.0325
ESMI)IO6516AC F33946 SCICL29193
Toshibae6527AC $180.00 18070COLLINS AVE, Ocean Rescue B-0.0054 C-0.0325
ESTUD106516AC P34157 SCI6L30637
774
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager.
FROM: Derrick Arias, Chief Information Officer.
DATE: January 15, 2026
RE: Ratification of a Lease Agreement with TOSHIBA for the Lease of Five (5)
Copiers
RECOMMENDATION:
Staff recommends approval of this resolution.
REASONS:
The City was in need of replacing 5 copiers located at Government Center (3A, 4A, Ocean Rescue),
Gateway Park, and Lehman (Public Works), as the current leases was set to expire in December 2025.
On November 20, 2025, via Resolution No. 2025-3928, the City Commission authorized the City
Manager to negotiate and execute a Lease Agreement with TOSH I BA, provided the final negotiated and
executed Lease Agreement was subsequently ratified by the City Commission. This resolution ratifies
the finalized an executed Lease Agreement.
ADDITIONAL INFORMATION:
The Lease Agreement is for a 60-month term at a cost not to exceed $54,000.00. In addition, the
estimated cost for consumables is $17,000.00 annually, or $85,000.00 over the 5-year lease term. The
total estimated amount over term of the lease is $139,000.00. This is the same amount that was
approved by the City Commission in November 2025 through Resolution Number 2025-3928.
FUNDING SOURCE:
Funds have been appropriated in Information Technology Department's budget under account number
001-2-5160-444030-00000.
ATTACHMENTS:
Resolution
Item Number: 91
760
Agreement
Item Number: 9.1.
761