The URL can be used to link to this page

Home My WebLink AboutAGENDA REPORT 2021 0505 CCSA REG ITEM 10FCITY OF MOORPARK,  CALIFORNIA City Council Meeting of May 5, 2021 ACTION Approved Staff Recommendation. BY B. Garza. F. Consider 36-Month Equipment Lease and Maintenance Agreements with Toshiba America Business Solutions, Inc. for Six Color Copy Machines and One Black and White Copy Machine. Staff Recommendation: Authorize the City Manager to sign the Agreements, subject to final language approval by the City Manager. (Staff: Chris Thompson) Item: 10.F. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Kambiz Borhani, Finance Director BY: Chris Thompson, Senior Information Systems Analyst DATE: 05/05/2021 Regular Meeting SUBJECT: Consider 36-Month Equipment Lease and Maintenance Agreements with Toshiba America Business Solutions, Inc. for Six Color Copy Machines and One Black and White Copy Machine BACKGROUND & DISCUSSION On June 20, 2018, the City Council approved a 36-month lease and maintenance agreements with Toshiba America Business Solutions for delivery, installation, supplies and maintenance of six (6) color and one (1) black and white copy machines. The copy machines were deployed at various City facilities. Over the term of that lease, the equipment demonstrated a high degree reliability and adequate functionality. Additionally, Toshiba has provided outstanding customer support and responsiveness for maintenance over the same period. Information Systems (IS) staff queried peer cities regarding their copier vendors and found that while other vendors are in use, cities using Toshiba products generally reported a higher level of reliability, lower frequency and intensity of maintenance call-outs, and overall higher levels of customer satisfaction. The agreements outlined above in 2018 will expire on June 30, 2021. The City’s options at the expiration of these agreements include continuing to use the current machines or to replace them with newer equipment. IS staff evaluated the options and obtained a quote from the current vendor for replacement with seven new copy machines for a 36- month lease and including the associated maintenance services contract. The pricing in the quote is based on an agreement negotiated between Toshiba and the State of California, for a 36-month lease period. The quote is favorable and the City can piggy- back on the quote offered in the state contract. For sustained reliability, improved copy quality, and managed fiscal impact, a 36-month lease term for new copy machines is considered optimal. The new agreements are attached herewith and include the lease price per month and price per copy for black and white and color copies. The price per copy for black and white copies applies to all proposed machines. Compared to the pricing of the current lease agreement, the new proposed agreement retains the same monthly lease payment, and the new maintenance contract provides an additional savings of $0.004 per page Item: 10.F. 451 Honorable City Council 05/05/2021, Regular Meeting Page 2 (equivalent to 11%) for color copies. The price for black and white copies remains the same. The number of copies per month and per machine varies for the seven copy machines leased by the City. In addition to these savings, the vendor is waiving all charges associated with delivery, installation, start-up, network support, and return of existing equipment. FISCAL IMPACT The proposed Fiscal Year 2021/22 budget includes sufficient funds to cover the total estimated cost of approximately $35,200 for the new copy machines for the initial 12-month period. No additional appropriation is required at this time. Over the three-year term of the proposed agreement, staff estimates the total value of the contract will be approximately $105,000, assuming current usage rates remain unchanged. Staff will budget appropriate funds for each subsequent fiscal year for the term of the lease agreement. The City will be receiving the price advantage of the agreement negotiated between the vendor and the State of California. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Authorize the City Manager to sign the Agreements, subject to final language approval by the City Manager. Attachment 1: Toshiba America Business Solutions – Quotation (“Investment Schedule”) Attachment 2: Agreement for Lease of Equipment Attachment 3: NASPO ValuePoint Lease for Equipment and Maintenance Order Form Attachment 4: Schedule A to NASPO ValuePoint Lease Order Form 452 INVESTMENT SCHEDULE PREPARED FOR CITY OF MOORPARK CA-MOORPARK April 13, 2021 PREPARED BY Daryll Higginson 8052884205 daryll.higginson@tbs.toshiba.com ATTACHMENT 1 453 INVESTMENT SCHEDULE CITY OF MOORPARK CA-MOORPARK New Toshiba Digital Solution Model Details •(6) Toshiba e-STUDIO6516ACT • Included Features: 50-sheet Staple Finisher, Hole Punch •(1) Toshiba e-STUDIO4518A • Included Features: 300-sheet DSDF, 2000-sheet Large Capacity Feeder, Inner Finisher Service Details Pool Name Monthly Overage Per Page Mono Copier Pool $0.00480 Color Copier Pool $0.03250 Total Monthly Investment •36 Month Lease $1,733.00 •48 Month Lease $0.00 •63 Month Lease $0.00 Monthly investment includes parts, labor, travel, and supplies; everything except for paper, staples, and applicable taxes. 454454 TOSHIBA INNOVATION AT ITS FINEST The ultra-modern look of the Toshiba e-STUDIO6516AC houses the latest innovative technology, like brilliant, multi-beam laser color delivered at up to 65 pages per minute and monochrome at up to 75 pages per minute. New high-speed, high-capacity Dual-Scan Document Feeder handles up to 300 sheets at a time and seamlessly scans both sides of each page in a single pass at 240 images per minute. When it comes to seamless workflow and simplified integration the e-STUDIO6516AC represents the finest Toshiba has to offer. A new 10.1” tablet-style touch screen with an embedded web browser is easy to use and customizable to meet your needs. The e-BRIDGE Print & Capture application lets you scan from the MFP back to your mobile device. Multi-Station Print Enabler allows you to retrieve your print job from a series of networked MFPs via simple authentication. FEATURES AT A GLANCE • Copy Speed: 65 PPM CLR / 75 PPM B&W • Copy Resolution: 600 x 600 dpi • Print Resolution: 1,200 x 1,200 dpi • Scan: 240 IPM Duplex / 120 IPM Simplex • First Copy Out: 6.4 Sec CLR / 4.5 Sec B&W • 4-Drawer Paper Capacity: 2,280 Sheets / Max 4,780 Sheets • Tandem Drawer Paper Capacity: 3,520 Sheets / Max 6,020 Sheets • Memory: 4GB • Reproduction Ratio: 25% to 400% • Max Duty Cycle: 540K Month • 9” Color WVGA Touch Screen Tilting Display PRODUCT IMAGE PLACEMENT POPULAR OPTIONS 2,500-Sheet Large Capacity Feeder 50-Sheet Staple Finisher 50-Sheet Saddle-Stitch Finisher Hole Punch Unit Side Exit Tray Wireless LAN/Bluetooth Module Fax Unit / 2nd Line for Fax Unit 455 A COMPACT DESIGN THAT LEAVES NOTHING OUT Small to medium workgroups need to get a lot more done often using fewer resources and minimal space. That’s the thinking behind the e-STUDIO4518A. Plenty of functions, lots of capacity, and a small footprint with a fresh, new look. The e-STUDIO4518A includes all the features you would expect from a top quality MFP. A new tiltable, touch swipe 10.1” color panel works like a tablet so you can find whatever you need by just swiping your finger. A 300-sheet high-speed, high-capacity Dual- Scan Document Feeder (DSDF) produces up to 120 IPM simplex and 240 IPM duplex. A conventional RADF is available for less scan-intensive businesses. Multi-Station Print Enabler allows users to send print jobs from their desktop and retrieve them at any convenient MFP by simply swiping their badge and authenticating at that device. FEATURES AT A GLANCE • Copy/Print Speed: 45 PPM • Copy Resolution: Up to 2,400 x 1,200 dpi • First Copy Out: 3.6s • Paper Capacity: Standard 1,200 Sheets / Max 3,200 Sheets • Scan Speed: DSDF Scan—240 IPM Duplex, 120 IPM Simplex; RADF Scan—73 IPM • Memory: 4GB • Reproduction Ratio: 25% to 400% • Max Duty Cycle: 150K Month • 10.1” Color WVGA Touch Screen Tilting Display POPULAR OPTIONS 100-Sheet RADF or 300-Sheet DSDF 550-Sheet Paper Feed Pedestal 550-Paper Drawer 2,000-Sheet LCF Console Finisher Saddle-Stitch Finisher Job Separator Hole Punch Unit 456 At Toshiba, we are focused on helping businesses better control their productivity and profitability by delivering innovative imaging products and content solutions. TOSHIBA AMERICA BUSINESS SOLUTIONS, INC. (TABS) is an independent operating company of Toshiba Corporation, one of the largest integrated electronics and electrical equipment companies in the world with more than 140,000 employees globally and annual sales surpassing $37 billion. TABS is a leading managed print and content solutions provider with experts that help organizations print smarter, improve workflow and communicate better. Our current and future commitment is to continue to improve and enhance the functionality and capabilities of our digital imaging products and content solutions. Toshiba invests more than 6% of its annual revenue to Research & Development, and deploys a network of R&D centers around the world. In an average year, Toshiba Corporation is awarded more than 5,000 patents, many of which find their way either directly or indirectly into our multifunction office solutions products. EMPOWERING THE ART OF BUSINES S ® OUR MISSION As a technology company, we go way beyond printing. We are a creative and nimble organization that empowers our people to do whatever it takes to help our clients succeed. OUR VISION Empowering new and better ways to deliver ideas and information. 457 COMMUNITY CHARITABLE SUPPORT To help enhance the quality of life for people in communities where we do business, Toshiba implements a wide variety of corporate initiatives like helping build Habitat for Humanity homes, hosting blood drives, collecting warm clothing, and sponsoring community fundraisers and events that raise money for charitable organizations. WORLDWIDE RELIEF EFFORTS Following devastating weather-related events around the globe, Toshiba and its dedicated employees have made technology and monetary donations to emergency aid organizations to help with recovery and clean up. SUSTAINABILITY We believe that the earth is an irreplaceable asset and that it is the duty of humankind to hand it over to future generations as we found it, if not in better condition. For these reasons, Toshiba promotes the three R’s (Reduce, Re-Use, Recycle) throughout our manufacturing and business processes, including green procurement, recycling programs, and creating efficient EPA ENERGY STAR compliant products with the lowest possible environmental impact. CORPORATE SOCIAL RESPONSIBILITY At Toshiba, we believe our slogan “Committed to People, Committed to the Future” to be an integral part of our corporate ethos. Toshiba is not just about manufacturing and selling products and services. Rather, we continually demonstrate our commitment to people and the future through contributions, charitable sponsorships, employee volunteer programs, fundraisers, and other worthwhile endeavors that allow us to give back to the communities that have helped us grow and succeed. 458 The Toshiba Quality Commitment is our guarantee that you’re getting the utmost in advanced technology, dependability, service and support. Toshiba stands squarely behind our promise with the assurance of complete satisfaction. Everything we do contributes to that goal—from setting the industry standard for research and development, to providing instant access to Toshiba support personnel. Look around. Nothing compares to Toshiba...quality guaranteed. NO FINE PRINT. NO STRINGS ATTACHED. HERE’S HOW THE GUARANTEE WORKS. FREE REPLACEMENT If your Toshiba manufactured copier, facsimile, printer, thermal barcode printer or its accessories do not operate within Toshiba’s product specifications during the term of this program, and if the equipment cannot be repaired to perform within product specifications, Toshiba will replace the copier, facsimile, printer, thermal barcode printer or accessory at no charge with a model of equal or better features and specifications. FREE LOANER If your Toshiba manufactured copier, facsimile, printer or thermal barcode printer is out-of-service more than two (2) consecutive business days after notifying your Authorized Toshiba Servicing Dealer or requires off-site service, a loaner copier, facsimile, printer or thermal barcode printer will be provided by the Authorized Toshiba Servicing Dealer at no additional charge. TERM OF PROGRAM The term of this program is: a) for purchased equipment, three years from equipment installation date or maximum number of copies as stated in the product specifications, whichever occurs first; or b) for leased or rental equipment, three years or the length of the original lease starting from the equipment installation date, whichever is longer. OUR QUALITY COMMITMENT 459 Toshiba’s EcoSmart Toner Recycling Program is part of our commitment to the environment and to our clients. THE PATH TO A SMALLER CARBON FOOTPRINT. We’ve put together an entire program to help both our business and yours reduce, reuse and recycle. It’s simple, of course. That way, everyone is more likely to participate. So, let us help you become the most sustainable you can. ENCOMPASS ECOSMART EVALUATION We’ll come out and evaluate your current power usage, entire printer fleet, document management procedures and recycling efforts. Then we’ll show you how you can reduce your carbon footprint. GREENER MANUFACTURING Toshiba employs strict Green Procurement Guidelines. The guidelines are geared toward creating “Environmentally conscious products”. The entire process decreases the negative environmental impacts at each stage of the products life; selection of raw materials, manufacturing process, circulation, consumption, and end of life/recycling. GREENER PRODUCTS Most e-STUDIO models Typical Electrical Consumption, or TEC value is exceptionally low, equating to an environmentally friendly product with a low operating cost. Printing is duplex by default and includes an omit blank page function, while our Super-Sleep Mode uses only 1 watt of power. In addition, the e-STUDIO4508LP uses erasable toner so you can reuse the paper again and again. GREENER PRINTING Save money on printing costs while saving the environment. Eco-friendly print solutions and an energy management application allow you to manage printing across your entire fleet, improve print efficiency and optimize energy consumption. ENVIRONMENTAL PROGRAMS Toshiba offers its customers the Toshiba EcoSmart Recycling program. That means you can recycle used Toshiba cartridges and zero waste goes into landfills. Better yet, it goes into making waterproof, insect-proof eLumber. We provide the collection boxes, you discard the waste, and schedule a pickup. And we have partnered with PrintReleaf, where clients can offset the effects of their printing by having trees replanted in a reforestation project of their choice. 460 TOSHIBA MANAGED PRINT SERVICES (MPS) In today’s business climate, reducing and controlling costs is more important than ever. Many organizations overlook the cost of managing documents as an opportunity for savings. Toshiba’s Managed Print Services is a true client-focused practice that incorporates everything from device management and maintenance of numerous brands to the supply of consumables. It addresses a commitment to decrease paper consumption and power use, while also eliminating waste. Toshiba’s Managed Print Services provides outstanding service and keeps your operation running smoothly by including the following components: ● Automated toner replenishment ● High-quality toner and parts for your laser printers, regardless of brand ● National on-site service ● Convenient online portal for service requests and reporting ● Proactive service monitoring We have saved companies up to 40% and streamlined their operations by: ● Immediately reducing printing costs − you pay one fixed cost-per-page price that includes toner, consumables, parts and service; you only pay for what you use ● Enhancing your investment in the equipment you already own ● Simplifying procurement, budgeting, delivery, and service for your output fleet ● Increasing control by providing a single point of accountability for service, supplies and billing Adopting Toshiba’s Managed Print Services offers many benefits. It has yielded clients millions of dollars in annual savings while boosting performance and productivity by managing document costs and document security. 461 TOSHIBA DIGITAL SIGNAGE SERVICES Toshiba provides multiple solutions to engage, entertain and educate with indoor and outdoor digital signage and interactive client experiences. ● Wayfinding ● Restaurant Menu Boards ● Conference Room Solutions ● Indoor Digital Signage ● Custom Interactive Experiences ● Special Shapes & Applications ● Video Walls ● Outdoor Digital Signage Our digital signage experts will work with you to design and implement signage solutions that match your needs and appeal to your target audience. We handle every step of the process ensuring you receive an engaging, impactful and cost-effective means to display your message. SOLUTION ARCHITECTURE Starting with a physical site assessment, and considering factors such as environment, application, budget and network access, our professional services consultants will design a rock-solid solution that allows your message to shine brightly. CONTENT DEVELOPMENT AND MANAGEMENT Toshiba content designers work with clients to help amplify their brand image through engaging and eye-catching experiences. Services include hosting and managing client content across their entire signage network. INSTALLATION AND SERVICE Nationwide installation and service coverage is custom-configured to suit the needs of your business. TRAINING Toshiba’s certified training team provides live training for hardware, content management systems, and interactive solutions PROJECT MANAGEMENT The Toshiba Project Management Office (PMO) manages the entire rollout process from beginning to end. SUPPORT Toshiba provides all the services and support required to develop and implement a cohesive digital signage network from a single location to a global implementation. FINANCING/LEASING From local installations to global solutions, Toshiba Financial Services can create a financing package at competitive rates. 462 A HOLISTIC APPROACH TO SECURITY To best tackle your security vulnerabilities, Toshiba takes a unique, comprehensive approach to safeguarding your print and document environments. We look at security in your environment across three areas: product, process and people. The most important component is indeed product security because that is the hub of all your data and human interactions. Once the device is secured, we focus on understanding the processes and people who interact with the device. This allows us to advise you on not just the equipment, but also on the best security methodologies to put in place in your organization. This powerful combination ensures an end-to-end security strategy for your print environment. PRODUCT SECURITY Starting at the product level, we deliver an in-depth defense across four areas: 1. INSTALL TO END-OF-LIFE DEVICE SECURITY Self-encrypting hard drive Firmware & BIOS whitelisting End-of-Life automatic data erase 2. PHYSICAL AND DIGITAL ACCESS PROTECTION Restrict who, what, where Manage centrally and by role Monitor and audit in real-time 3. DOCUMENT LIFECYCLE DEFENSE Secure document capture Encrypt information storage Secure document tracking & delivery 4. FLEET-WIDE SECURITY ADMINISTRATION Remote monitoring & management Proactive alerts & automatic remediation Policy-based security management 463 TOSHIBA SERVICE Toshiba is recognized as a service leader, as evidenced by numerous industry awards and an outstanding performance record. When a Toshiba system needs service clients can rest assured our number one priority to is minimize any inconvenience and downtime. Respond, Respect, Resolve is our team mantra from our client service centers located across the country to our factory-trained certified technicians. We have proven the effectiveness of our service model on thousands of contracts where we provide equipment services and fleet optimization. Toshiba has various levels of service to meet client needs, and with Toshiba’s eBridge Cloud Connect tool we can often detect and remotely fix an issue before clients even notice, reducing their burden and increasing uptime. Toshiba service includes: ● Client Service Call centers with Toshiba Business Solutions marketplaces to receive calls directly from clients and then dispatch service technician if site visits are required. ● Local service teams within each TBS market. - Technicians assigned to territories closest to their homes - Professionally trained teams with average tenure of 15 years ● Call-ahead notification from responding technician so you’ll know when to expect us. ● Local parts warehouses. - Individual technician car stock on most popular replacement parts to ensure maximum uptime - Direct ship of needed parts to a technician’s home ● Preventative Maintenance to ensure systems are always running at optimum levels. This includes identifying potential problems and correcting them before they occur. ● Escalation management process that is clearly defined to resolve poor performance issues quickly, efficiently, and to your complete satisfaction. 464 Elevate is a personalized User Interface for Toshiba MFPs that simplifies both common and sophisticated tasks. Customized to your business needs, this powerfully elegant interface will streamline your document workflow and improve overall organizational efficiency. ELEVATE WAS DESIGNED WITH YOU IN MIND Imagine an MFP tailored for the way your business operates, empowering you to run your business more efficiently. Elevate allows you to do just that, automating multiple steps of common tasks into a single touch operation. It also surfaces many powerful features that users may tend to overlook and brings those to the forefront. No more digging through confusing menus and searching for complicated functions, users can easily access automated custom one- touch functions and newly discovered features quickly and easily. Need to scan to an automated workflow, or copy an odd-sized job? The Elevate UI can be customized to make these complicated tasks as simple as the touch of a button. Elevate also helps increase document security by simplifying the process of protecting printed and scanned documents. EMPOWERED WITH EFFICIENCY Elevate enables your MFP to become an essential part of daily business operations by integrating with industry leading document workflow and enterprise content management applications. In doing so, the MFP becomes an on-ramp to digital document workflow and boosts productivity by reducing manual and paper intensive processes in the office. And because time is money, reducing the number of steps in a given task translates directly into savings and greater efficiency. Especially when multiplied by the number of employees performing those steps every day. CUSTOMIZED HELP Elevate not only customizes and automates tasks to help your business run more smoothly, the entire look and feel can be tailored specifically for your company’s branding. So, whatever your industry, whatever your workflow, Elevate enables you to raise your expectations. 465 OUR AWARD-WINNING LINE UP OVERALL Keypoint Intelligence– 2019 Pick Award–Elevate Buyers Lab 2018–2019 PaceSetter Award The Cannata Report 2017 Best in Class Manufacturer Annual Dealer Survey 2017 Best A3 Manufacturer 2015 Best in Class Manufacturer 2014 Best in Class Manufacturer Business Technology 2017 Channel’s Choice Award Association (BTA) 2014 Channel’s Choice Award American Business Awards 2015 Silver Stevie, Business to Business Services, Encompass X 2015 Bronze Stevie, New Product/Service of the Year, e-BRIDGE MarketTools ACE Award (Achievement in Customer Excellence) ICX Association Entertainment Excellence Award Digital Signage at STAPLES Center MONOCHROME MFPs e-STUDIO4518A • Keypoint Intelligence 2019 Buyers Lab Winter Pick Award e-STUDIO4508LP • Better Buys 2019 Innovative Product of the Year • American Business Awards, 2018 Gold Stevie Award • Better Buys 2017 Editor’s Choice e-STUDIO5518A/6518A/7518A/8518A • Better Buys 2019 Editor’s Choice e-STUDIO907/1057/1207 • Better Buys 2015 Editor’s Choice e-STUDIO477s/527s • Better Buys 2013 Editor’s Choice COLOR MFPs e-STUDIO2515AC/3015AC/3515AC/4515AC/5015AC • Better Buys 2019 Innovative Product of the Year • Better Buys 2018 Editor’s Choice e-STUDIO5506AC/6506AC/7506AC • Keypoint Intelligence 2017 Buyers Lab Highly Recommended • Better Buys 2017 Innovative Product of the Year • Better Buys 2016 Editor’s Choice e-STUDIO287cs/347cs/407cs • Keypoint Intelligence 2014 Buyers Laboratory Outstanding Achievement for Energy Efficiency – e-STUDIO407cs • Better Buys 2013 Editor’s Choice 466 ATTACHMENT A TO ADDENDUM TOSHIBA – NASPO VALUEPOINT Lease Agreement v011119 DOCUMENT A10 AGREEMENT FOR LEASE OF EQUIPMENT a Contract Between City of Moorpark 799 Moorpark Ave. Moorpark CA 93021 805.517.6241 “Lessee” and Toshiba America Business Solutions, Inc. (“Supplier” and/or “Lessor”) WHEREAS, Lessee is authorized to lease under the NASPO ValuePoint Master Agreement and the State of California 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) NASPO ValuePoint Lease and Maintenance Order Form and if applicable its attached Schedule A or (ii) the Lessee’s Purchase Order (“PO”, such PO and NASPO ValuePoint Lease for Equipment and Maintenance Order Form, hereinafter referred collectively to as an “Order Form”) to which this Agreement is attached, unless sooner terminated by either party as set forth in Section 6 of this Agreement. 2.DEFINITIONS. “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 (iii) 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 not effect an existing Lease Term, which shall continue without changing the overall Agreement term. 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 $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-1 to 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 $1 Buyout 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 $1 Buyout 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 a fee if the Purchasing Entity elects to keep the hard drive in their possession. The Lessee shall then be responsible for securely erasing or destroying the hard drive. All costs of NASPO-ValuePoint CONTRACT # 140604 ATTACHMENT 2 467 V01 11 19 Page 2 of 5 TOSHIBA - NASPO VALUEPOINT DOCUMENT #A10 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 Lessee’s designated location and delivery is accepted by Lessee, 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 Lessor’s Fair Market Value, plus applicable sales and other taxes, if any, or Lessee may return the Equipment pursuant to the terms and conditions of the NASPO ValuePoint Master Agreement. 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. FMV, $1 Buyout and Straight leases may be bought out and except for $1 Buyout leases, all Leased Equipment returned to Lessor (in good working condition, ordinary wear and tear excepted), although fair market value leases, straight leases, and $1 buyout leases are subject to a 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 Nonappropriation. 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 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 is provided by Lessee to Lessor. If Lessee terminates this Agreement because of non-appropriation 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 discounted at a rate equal to three percent (3%) per year to the date of default, 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. Defaulting Lessee shall be responsible for returning Equipment to the Lessor. 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 Lessor’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 3% per annum; and (iii) if this lease is not a $1 Buyout 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 TO 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. 468 V01 11 19 Page 3 of 5 TOSHIBA - NASPO VALUEPOINT DOCUMENT #A10 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. Supplier shall assign to Lessee all manufacturer’s warranties on the Leased Equipment, which shall be not less than a full six months’ warranty. Supplier (and not its assignee) 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 Supplier or Lessor with respect to the Leased Equipment will bind any assignee, nor will any breach thereof relieve Supplier or 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 warranty or service agreement is a separate and independent obligation of Supplier 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 defaults, Lessor may do one or more of the following: (a) recover from Lessee, 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 3% per annum; and (iii) if this lease is not a $1 Buyout Lease, the Fair Market Value of the effected item(s) of Leased Equipment; (b) 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(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 and Lessee shall be responsible for any balance deficiency after such application. 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 th is lease and the debt under applicable state law; (f) unless this lease is a $1 Buyout 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 California Participating Addendum. Lessor’s assignee shall have 469 V01 11 19 Page 4 of 5 TOSHIBA - NASPO VALUEPOINT DOCUMENT #A10 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 assignee. 14. AGREEMENT AND MODIFICATION. This Agreement is made pursuant to the NASPO ValuePoint Master Agreement identified above, and the State of California 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 California Participating Addendum and this Agreement, the Master Agreement and/or 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. TIME PRICE. If the NASPO ValuePoint Lease Order Form and Schedule indicates the lease is a $1 Buyout Lease, Lessee understands that the Leased Equipment may be purchased for cash (the “Product Cost”) or purchased pursuant to this Agreement for a Time Price equal to the amount of each Lease Payment times the number of Lease Payments, all as set forth on the NASPO ValuePoint Lease Order Form and Schedule and this Agreement, plus the Purchase Option amount stated on the NASPO ValuePoint Lease Order Form and Schedule, and by signing this Agreement, Lessee has chosen to purchase the Leased Equipment for that Time Price. The Product Cost may be determined by dividing the Lease Payment by the lease rate factor set forth on the NASPO ValuePoint Lease Order Form and Schedule. Each Lease Payment under a $1 Buyout Lease includes a part of Lessor’s investment in the Product Cost and a return on Lessor’s investment in the $1 Buyout 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 d own 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 California, 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. INDEMNITY: Lessor is not responsible for any loss or injuries caused by the Equipment. To the extent permitted by applicable law, Lessee agrees to hold Lessor harmless and reimburse Lessor for loss and to defend Lessor against any claim for losses or injury or death caused by the Equipment. Lessor reserves the right to control the defense and to select or approve defense counsel. This indemnity survives the expiration or termination of this Agreement. 19. ELECTRONIC DOCUMENTATION. This Agreement (including the Order Form) 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 sha ll constitute the original agreement for all purposes. If Lessee signs and transmits this Agreement and Order Form to Lessor by facsimile or other electronic transmission, the transmitted cop ies shall be binding upon the parties. Lessee agrees that the facsimile or other similar electronic transmission of this Agreement and such Order Form manually or electronically signed by Lessor, when attached to the facsimile or other electronic copy signed by Lessee, shall constitute the original agreement for all pu rposes. 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. 470 V01 11 19 Page 5 of 5 TOSHIBA - NASPO VALUEPOINT DOCUMENT #A10 LESSOR: Toshiba America Business Solutions, Inc. Name: Title: Date: LESSEE: City of Moorpark By: ______________________________________ Name: Title: Date: 471 NASPO ValuePoint Lease for Equipment and Maintenance Order Form v011119 Document A11 NASPO VALUEPOINT LEASE FOR EQUIPMENT AND MAINTENANCE ORDER FORM Agreement # v08272020 LESSEE - BILLING CONTACT INFORMATION (Separate Order Form must be completed for each billing locations.) Lessee Legal Name: City of Moorpark Department Name: FEIN # Street Address I P.O. Box: 799 Moorpark Ave Bldg/Room/Suite: City: Moorpark State: CA Zip 93021 Billing Contact Name: Chris Thompson Bill-To Phone Number: (805) 517-6248 Email: cthompson@moorparkca.gov Fax Number: (805) 532-2545 LESSEE INSTALLATION LOCATION Lessee Legal Name: City of Moorpark Department Name: Street Address I P.O. Box: 799 Moorpark Ave Bldg/Room/Suite: City: Moorpark State: CA Zip:93021 Contact Name: Chris Thompson Phone Number: (805) 517-6248 Email: cthompson@moorparkca.gov Fax Number: (805) 532-2545 EQUIPMENT LEASE WITH SEPARATE MAINTENANCE PLAN INCLUDE INSURANCE ADDER EQUIPMENT LEASE TYPE LEASE TERM Fair Market Value $1 Buyout Straight Lease 24 Mo 36 Mo 48 Mo 60 Mo ITEM DESCRIPTION (If insufficient space, use Schedule A to this Lease Order form and enter below “See Order Form Schedule”) EQUIPMENT LEASE MAINTENANCE & SERVICES (M&S) PLAN Include Staples EQUIPMENT LEASE % or RATE- FOR $OUT LEASES ONLY EQUIPMENT LEASE PAYMENT ZERO BASE B&W CPC ZERO BASE COLOR CPC MAINT. OPTION NUMBER 1, 2, 3 MONTHLY VOLLUME (BW) MONTHLY BASE CHARGE (BW) BW OVERAGE RATE COLOR OVERAGE RATE ES6516ACT $ .0048 .0325 $ ES6516ACT $ .0048 .0325 $ ES6516ACT $ .0048 .0325 $ ES6516ACT $ .0048 .0325 $ ES6516ACT $ .0048 .0325 $ ES6516ACT $ .0048 .0325 $ ES4518A $ .0048 $ $ $ $ $ Sum of Monthly Equipment Lease Payments: $1,733 Sum of Monthly Base Charges: $ TOTAL MONTHLY PAYMENT: Equipment Lease Payment + Monthly Base Charge (If Applicable) Personal Property Tax Required $1,733 NASPO VALUEPOINT ADMIN FEE RATE: 0.25% STATE ADMIN FEE RATE (If Applicable): Special Instructions/Additional Information (e.g. equipment models upgraded; Buyout details; etc.): See Order Form Schedule TERM & PAYMENT SCHEDULE (All Payments are exclusive of sales and use tax) Sales/Use Tax Exempt Yes No Tax-Exempt No. [Attach Tax Exemption] PO Issued yes No PO # Payment Cycle: Monthly Billing Document Fee: $75.00 included in the 1st invoice THIS ORDER FORM INCORPORATES ALL OF THE TERMS AND CONDITIONS OF THE LEASE AGREEMENT LESSOR: Toshiba America Business Solutions, Inc.Title: SIGNATURE: Date: LESSEE: City of Moorpark Title: SIGNATURE Date: ATTACHMENT 3 472 LESSEE _City of Moorpark____________NASPO ValuePoint Document - Attachment B Schedule A to NASPO ValuePoint Lease Order Form - EQUIPMENT LEASE WITH SEPARATE MAINTENANCE PLAN v08272020 This Schedule is solely for use with NASPOValuPoint Participating Addendum only and should accompany the Lease Order Form INCLUDE STAPLES: For Use with Colorado #RFP-NP-18-01 only DEPT. NAME DIV NAME / CODE STREET ADDRESS FLOOR ROOM / SUITE CITY ST ZIP PO #TOSHIBA MODEL CONFIGURATION SUMMARY / ITEM DESCRIPTION LEASE TYPE- FMV, STRAIGHT, $1 BUYOUT LEASE TERM- 18,24,36,48,60 EQUIPMENT LEASE PAYMENT (with PPT) No Base Plan, Only CPC for Usage MAINT. OPTION 1, 2 OR 3 INCLUDED BASE NUMBER OF COPIES MAINT. MONTHLY BASE CHARGE B&W OVERAGE RATE COLOR OVERAGE RATE 799 Moorpark Ave Moorpark CA 93021 ES6516ACT A4 COLOR/B&W FMV 36 Yes 0 $0.0048 $0.0325 799 Moorpark Ave Moorpark CA 93021 ES6516ACT A4 COLOR/B&W FMV 36 Yes 0 $0.0048 $0.0325 799 Moorpark Ave Moorpark CA 93021 ES6516ACT A4 COLOR/B&W FMV 36 Yes 0 $0.0048 $0.0325 799 Moorpark Ave Moorpark CA 93021 ES6516ACT A4 COLOR/B&W FMV 36 Yes 0 $0.0048 $0.0325 4550 Tierra Rejada Rd..Moorpark CA 93021 ES6516ACT A4 COLOR/B&W FMV 36 Yes 0 $0.0048 $0.0325 627 Fitch Moorpark CA 93021 ES6516ACT A4 COLOR/B&W FMV 36 Yes 0 $0.0048 $0.0325 799 Moorpark Ave Moorpark CA 93021 ES4518A A4 B&W FMV 36 Yes 0 $0.0048 0 0 GEMMY1 0 Total Monthly Equipment Lease Payment: -$ -$ This Schedule to the NASPO ValuePoint Lease for Equipment and Maintenance Order Form incorporates all of the Terms and Conditions of the Lease Agreement. Capitalized terms not defined herein shall have the same meaning as defined in the PA and/or the Agreement for Lease of Equipment. LESSEE LESSOR: Toshiba America Business Solutions, Inc. Tot. Mo Base Chrg: $0.00TOTAL MONTHLY PAYMENT (Total Monthly Equipment Lease Payment + Total Mo Base Charge: MAINTENANCE PLAN INCLUDE INSURANCE ADDER TOTAL PAYMENT = LEASE PLUS MAINTENANCE: (date of signature) (Please Print) (date of signature) By: Name: (Please Print) Title: Date: By: Name: Title: Date: ATTACHMENT 4 473