HomeMy WebLinkAboutReso 2010-1641
RESOLUTION NO. 2010-~
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AUTHORIZING THE CITY MANAGER TO
ENTER INTO A THREE-YEAR LEASE AGREEMENT
WITH TOSHIBA BUSINESS SOLUTIONS FOR SEVEN (7)
COPIER/SCANNER/PRINTERS, A TT ACHED HERETO AS
EXHIBIT "A"; AUTHORIZING THE MA YOR TO
EXECUTE SAID AGREEMENT; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City currently uses Xerox leased photocopiers located at the
Government Center and Pelican Community Center; and
WHEREAS, the City's current agreement with Xerox is due to expire on December 1,
2010, and the City solicited written quotes; and
WHEREAS, staff has determined that the Toshiba copiers have the appropriate
copying/printing/scanning capabilities to meet the expanded copying/printing/scanning needs;
and
WHEREAS, the City wishes to enter into a three-year Lease Agreement with Toshiba
Business Solutions, under the State of Florida award to Toshiba based on the State of Florida's
April 8, 2010 RFP No. 20-600-000-Q for multifunction products including copiers, for seven (7)
Digital Copiers, in an amount of Thirty-Five Thousand Eight Hundred Ninety-Seven Dollars
($35,897.00) annually plus additional per-copy charges, 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. Approval of Lease Agreement. The Lease Agreement with Toshiba Business
Solution, attached hereto as Exhibit "A," for seven (7) Digital Copiers, in an amount of Thirty-
Five Thousand Eight Hundred Ninety-Seven Dollars ($35,897.00) annually (base charge) plus
additional per-copy charges, as more particularly described in Exhibit "A", is hereby approved.
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4.
Effective Date. The Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 18th day of November 2010.
R2010- Toshiba Copiers Lease Agmt
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ATTEST:
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Jane A. Hines, CMC, City Clerk
Vote: '5....t)
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
R201O- Toshiba Copiers Lease Agmt
Moved by: ,,\U ~v1K~~
Seconded by: ~fY\\SSI{)f0Ct-~ ~\-lDLL
V(Yes)
V (Yes)
V(Y es)
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V(Yes)
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CITY OF SUNNY ISLES BEACH
AGREEMENT
CONTRACT NO. CIOII-016
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is
made in duplicate, this _ day of , 2010, by and between the CITY OF
SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and TOSHIBA
BUSINESS SOLUTIONS FLORIDA a corporation authorized to do business in the State of
Florida (hereinafter referred to as "Contractor") whose Federal 1.0. # is
RECIT ALS
WHEREAS, the City of Sunny Isles Beach is in need of a contractor to provide a total of
six (7) Toshiba photocopy machines for use at the City's Government Center located at 18070
Collins Avenue and Pelican Community Park located at 18 I 15 North Bay Road ("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 issued Contract Number 600-000-11-1 as a result of
State of Florida Department of Management Services Request for Proposal Number 20-600-000-
Q to provide copiers to the State of Florida, attached hereto as Exhibit "B" and made a part
hereof; and
WHEREAS, the Contractor has agreed to provide the Services to the City using the State
of Florida's Contract Number 600-000-11-1, per attached Exhibit "A", attached hereto and made
a part hereof; 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
to the City for an annual grand total of Thirty-Five Thousand Eight Hundred Ninety-Seven
($35,897.00) for thirty-six (36) months for a total amount not to exceed Seventy-Seven
Thousand Nine Hundred Twenty Dollars and Fifty Cents ($77,920.50).
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, 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.
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CIOII-OI6 AGREEMENT
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
2. SERVICES. Contractor agrees to perform the Services and furnish all labor and
materials in a good workmanlike and professional manner. 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 terms 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 hereunder, the term of this Agreement shall begin upon the execution of this Agreement
and shall end thirty-six (36) months thereafter. Any change in fee, terms or conditions shall be
accomplished by written amendment to this Agreement and approval by the City.
Payment will be made only for work completed to the satisfaction of the City. Contractor is to
commence performance of work from the date of this agreement and continue in a diligent
manner until completion of the Services. Contractor acknowledges that compliance with the
commencement and completion schedule is the essence of this Agreement.
4. COMPENSATION. The Contractor shall be paid a monthly grand total of Two
Thousand One Hundred Sixty Four Dollars and Forty Six Cents ($2,164.46) for each month
during the duration of this Agreement, unless otherwise canceled in accordance with Section 8 of
this Agreement. 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. 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.
CIOII-OI6 AGREEMENT
2
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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,
overhead or any other expenses or costs unless any 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. DEPENDENT 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 DOCUl\1ENTS AND EQUIPl\1ENT. 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
CIOII-016 AGREEMENT
3
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
insurance coverage to protect the City and Contractor against all loss, claims, damage and
liabilities caused by Contractor, its agents, sub-Contractors or employees, as indicated below:
o Comprehensive General liability insurance, including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and property damage liability
with minimum limits of One Million Dollars ($1,000,000.00) per occurrence and
Two Million Dollars ($2,000,000.00) aggregate.
o Worker's Compensation, as required by law, but with no less than $1,000,000.00
for Employer's Liability.
o 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
($1,000,000.00) per occurrence, One Million Dollars ($1,000,000.00) per accident
for bodily injury and Five Hundred Thousand Dollars ($500,000.00) per accident
for property damage.
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance
or 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's Risk Management
Department. 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-Contractor(s) 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 IN THIS SECTION MUST BE APPROVED IN WRITING BY THE
CITY.
8. 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
Cl011-016 AGREEMENT
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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, 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.
11. 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.
9. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute
or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in
accordance with the procedures, rules and regulations of the American Arbitration Association.
The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment
upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys'
fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails
on the whole, each party shall be responsible for a portion of the costs of arbitration and their
respective attorneys' fees as may be determined by the court on confirmation.
CIOII-OI6 AGREEMENT
5
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
10. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term
of this Agreement or any time for a period of 10 (Ten) 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
no adequate remedy at law for such violation, the City shall 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.
11. 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: Rick Conner With a copy to:
City Manager Hans Ottinot
City of Sunny Isles Beach City Attorney
18070 Collins A venue City of Sunny Isles Beach
Fourth Floor 18070 Collins A venue
Sunny Isles Beach, Florida 33160 Fourth Floor
Tel: (305) 792-1701 Sunny Isles Beach, Florida
33160
Tel: (305) 792-1702
If to the Contractor: Annie Cruz
Toshiba Business Solutions Florida
6401 Nob Hill Road
Tamarac, Florida 33321
Tel: (305) 710-7989
12. 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.
13. 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.
CIOII-OI6 AGREEMENT
6
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
14. 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 payor
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 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.
15. 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 should 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.
16. INDE.MNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to
the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
representatives, officers, directors, officials and employees from and against claims, damages,
losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts,
errors, mistakes or omissions relating to professional Services performed under this Agreement.
The Contractor's duty to defend, hold harmless and indemnify the City, its agents,
representatives, officers, directors, officials and employees shall arise in connection with any
claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
injury to impairment, or destruction of tangible property including loss of use resulting
therefrom, caused by any negligent acts, errors, mistakes or omissions related to Services in the
performance of this Agreement including any person for whose acts, errors, mistakes or
CIOII-OI6 AGREEMENT
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
omissions the Contractor may be legally liable. The parties agree that TEN DOLLARS ($10.00)
represents specific consideration to the Contractor for the indemnification set forth in this
Agreement.
17. 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.
D. The terms and conditions in this Agreement supersede any other conflicting
provisions that are contained in any other document, including any attachment hereto.
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.
[Remainder of page intentionally left blank]
CIOII-016 AGREEMENT
8
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement In
duplicate on the day and year first written above.
WITNESSES:
TOSHIBA BUSINESS SOLUTIONS
FLORIDA
Signature
BY:
Signature and Title
Print Name
WITNESSES:
Signature
Print Name
ATTEST:
CITY OF SUNNY ISLES BEACH
BY:
Jane A. Hines, CMC, City Clerk
B
CIOII-016 AGREEMENT
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMO~ANQUM
TO:
The Honorable Mayor and City Commission
FROM:
Minai Shah, Assistant City Manager-Finance
DATE:
11118/2010
RE:
Photocopier Lease Ageement with Toshiba Business Solutions Florida
RECOMMENDA TION:
Staff recommends the City Commission approve the attached resolution to enter into a
three year agreement with Toshiba Business Solutions Florida for the lease and maintenance
of seven photocopiers located in the Government Center and Pelican Community Center.
REASONS:
The City currently uses Xerox leased photocopiers located at the Government Center and
Pelican Community Center. The agreement with Xerox is due to expire on December 1,
2010. The City solicited written quotes from three vendors supplying three different brands:
Xerox, Toshiba, and Konika. The price quotes are determined based on the base price of the
equipment itself and a per print cost for black & white and color. Below is a comparison of
the City's projected annual cost by vendor based on the most comparable machines available
with annual consumption of approximately 590,000 black & white and 370,000 color.
CURRENT PROPOSED
Xerox Xerox Toshiba Konica
Base Price (7 copiers) 29,756 23,625 16,542 17,156
Printing (Color) 32,710 18,974 16,470 15,372
Printing (Black) 3,881 3,459 2,884 3,095
Projected Annual
Cost 66,348 46,057 35,897 35,623
Konika was the lowest bidder based on projected usage. However, Toshiba is the lowest
when comparing base price of machines and the black & white print costs. In addition, their
proposal offer more functionality and has had proven service commitment. The projected
difference in cost is $3.26/machine/month.
http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=390&MeetingID=O&MeetingDat... 11/12/20 10
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The City will piggyback the State of Florida award to Toshiba based on the State of Florida's
AprilS, 2010 Request for Proposal (RFP) Number 20-600-000-Q for multifunction products
including copiers.
ATTACHMENTS:
. Resolution
http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=390&MeetingID=O&MeetingDat... 11/12/2010