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HomeMy WebLinkAboutSpecial 2022-09-12 Item 2D - Lease Agreement - Copiers and Printers with Electronic Business Machines for $107,047.08COUNCIL AGENDA SYNOPSIS Initials ITEM N0. c is Meeting Date Prepared by Mayors review Council review C� 9/12/22 MM Spec 2.D. 401600, ITEM INFORMATION STAFF SPONSOR: MICHAEL MARCUM ORIGINAL AGENDA DATE: 9/12/22 AGENDA ITEM TITLE Copier Refinance CAILGORY ❑ Discussion Mtg Date A Motion Mtg Date 9/12/22 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ BidAward Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor 11 Adtrain Svcs ❑ DCD ❑ Finance ❑ Fire ❑ Pe -R ❑ Police ❑ PIF SPONSOR'S Over the last two years the city has seen a sizeable reduction in printing needs as a result SUM\L RY of new financial software, digital processing, and a hybrid work environment. TIS is seeking F&G Committee & Council approval to refinance existing city copiers. Approval of this contract brings immediate savings in 2022, and ongoing savings throughout the next biennium. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ LTAC ❑ Arts Comm. DATE: 8/22/22 COMMITTEE 0 ❑ Finance & Governance ❑ Planning & Community Dev. Parks Comm. ❑ Planning Comm. CHAIR: QUINN RECOMMENDATIONS: SPONsoR/ADMIN. Administratie Services/Technology & innovation Services CONDEITEE F&G Approval; Unanimous approval forward to Special consent COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $107,047.08 $107,047.08 $ Fund Source: SPLIT BETWEEN DEPARTMENT -SPECIFIC COPIER LEASE GL KEY/GL OBJECT Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 9/12/22 Informational Memorandum dated 8/12/22 Electronic Business Machines_Lease Supplement Schedule A_Equipment Master Lease_Reference Finance & Governance Committee Minutes for 8/22/22 F&G 261 262 1111111111111111 111111111 ir 111111111111111111111111111111111 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance and Governance Committee FROM: Joel Bush, Chief Technology Officer BY: Mike Marcum, Technology Operations Supervisor CC: Mayor Ekberg DATE: 08/12/2022 SUBJECT: Copier Refinance ISSUE Refinance of City copiers and buyout of currently leased printers. BACKGROUND Technology and Innovation Services is seeking Council approval to refinance City copiers coming to term (or have come to term) in 2022 and 2023, for an additional three years. The contract is with Electronic Business Machines, whom the City has partnered with for printer services since 2017. ANALYSIS Over the last two years we have seen a sizeable reduction in printing needs as a result of new financial software, digital processing, and hybrid work environment. Technology and Innovation Services has identified a way to reduce the monetary impacts to the City by reducing the amount of active device leases, while renewing leases for the existing equipment that still has life remaining. FINANCIAL IMPACT The contract is to refinance sixteen copiers over a three-year term for a total cost $107,047.08. Refinancing the fleet of copiers will save the City $25,692.48 over the three-year term. • The current lease payments (excluding FD) are $3,687.21/mo. • The new equipment lease payment (excluding FD) would be $2,973.53/mo. RECOMMENDATION TIS is seeking approval for a new 36 -month equipment lease with Electronic Business Machines. The Finance & Governance Committee is being asked to consider the equipment lease at the August 22, 2022 meeting and forward to the City Council Special Meeting Consent Agenda on September 12, 2022 for Council approval. ATTACHMENTS Electronic Business Machines Lease Supplement Schedule A_Equipment List Master Lease Reference 263 264 SECT CNCC LISIINE'S"5 I° E WHINES Lease Supplement APPLICATION NO. LEASE AGREEMENT NO. 107152 SUPPLEMENT NO. CUSTOMER INFORMATION FULL LEGAL NAME City of Tukwila STREET ADDRESS 6300 Southcenter Blvd CITY Tukwila STATE WA ZIP 98188 PHONE 206-433-1800 FAX BILLING NAME (IF DIFFERENT FROM ABOVE) BILLING STREET ADDRESS CITY STATE ZIP DBA EQUIPMENT ADDED MAKE/MODEL/ACCESSORIES 1 Please see attached schedule A SERIAL NO. 2 3 4. 5. 6 7 8 ® See the attached Schedule A EQUIPMENT DELETED MAKE/MODEL/ACCESSORIES SERIAL NO. 2 3 4. 5. TERM For either option below, the start date will be set to be on the same day of the month as for the previous Lease Agreement and/or Supplement(s), unless Customer makes a request for a different start date. Mos. Termination date of this Supplement will coincide with the termination date set forth in the Lease Agreement and/or previous Supplement(s) (as applicable). Mos. Termination date will not be set to coincide with any other Lease Agreement or Supplement. 36 PAYMENT SCHEDULE Monthly Payment* $ 2,973.53 `plus applicable taxes TERMS AND CONDITIONS You have requested this Supplement to the Lease Agreement (or Supplement) as set forth above. You agree that the Payment on the Supplement is in addition to your original Agreement. Except for the specific provisions set forth above, the original terms and conditions set forth in the Lease Agreement and any personal guaranty(s) shall remain in full force and effect and are incorporated herein by reference. ACCEPTANCE OF DELIVERY You certify that all the Equipment listed above has been furnished, that delivery and installation has been fully completed and is satisfactory. Upon you signing below, your promises herein will be irrevocable and unconditional in all respects. You understand that we have purchased the Equipment from the Supplier, and you may contact the Supplier for a full description of any warranty rights under the supply contract, which we hereby assign to you for the term of this Supplement (or until you default). Your approval as indicated below of our purchase of the Equipment from the Supplier is a condition precedent to the effectiveness of this Supplement. Print Name: Signature: X. Customer (as referenced above): Date of Delivery: CUSTOMER ACCEPTANCE This is a Supplement to the Agreement identified above between Lessor and Customer, all the terms and conditions of which are incorporated herein. Upon the execution of this Supplement, Customer hereby agrees to lease from Lessor the Equipment described above. By signing below, you certify that you have reviewed and do agree to all terms and conditions of the Agreement and this Supplement. The Equipment and terms of this Supplement are in addition to the Equipment and terms stated in the Agreement. Print Name: Signature: X. Title: Customer (as referenced above): Dated: LESSOR ACCEPTANCE Print Name: Signature: Lessor: Electronic Business Machines Company Dated: 29347 Rev. 07/03/2013 265 SCHEDULE A Agreement Number: Lessee/Customer: c ty of Tukwila This Schedule A is a part of the above -referenced Agreement between Lessee/Customer and Lessor/Owner. Equipment Quantity Make Model Serial Number Location 1 Kyocera TASKALFA 3552CI VLQ6901666 PR Golf Maintenance PR015800-545001 1 Kyocera TASKALFA 8052CI VA77200194 AS Clerks AS004300-545001 1 Kyocera TASKALFA 4052CI W2M7402020 AS CS&E AS004201-545001 1 Kyocera TASKALFA 3552CI VLQ7403438 PW F&FS PW501650-545001 /PW013300-545001 1 Kyocera TASKALFA 6052CI W2D6Z01342 PW Admin PW013100-545001 1 Kyocera TASKALFA 4052CI W2M7401824 PR TCC Admin PR007100-545001 1 Kyocera TASKALFA 5052CI W2H7503838 Municipal Court MC009100-545001 1 Kyocera TASKALFA 4052CI W2M7702552 AS HR AS004012-545001 1 Kyocera TASKALFA 4052CI W2M7702724 DCD Back CD008100-545001 1 Kyocera TASKALFA 6052CI W2D7601852 DCD Front CD008100-545001 1 Kyocera TASKALFA 3552CI VLQ7504061 PD MCU PD010210-545001 1 Canon IPF785 BAAS7190 AS CS&E AS004201-545001 1 Kyocera TASKALFA 4052CI W2M7802830 PW Minkler PW013130-545001 1 Kyocera TASKALFA 6052CI W2D8403520 PD Records PD010230-545001 1 Kyocera TASKALFA 8052CI VA78700801 Finance FN005100-545001 1 Kyocera TASKALFA 5052CI W2H8207319 PR TCC Back PR007200-545001 Signatures Lessee/Customer: City of Tukwila Lessor/Owner: Electronic Business Machines Authorized Signature Date Authorized Signature Date Authorized Si_nato Name Title Authorized Si_nato Name Title 266 ADDITIONAL TERMS AND CONDITIONS 1. AGREEMENT. You want us to now provide you the equipment and/or software referenced herein, together with all replacements, parts, repairs, additions and accessions incorporated therein or attached thereto, ("Equipment") and you unconditionally agree to pay us the amounts payable under the terms of this agreement ("Agreement") each period by the due date. This Agreement will begin on the date the Equipment is delivered to you or any later date we designate. 0 any amount payable to us is past due, you will pay a late charge equal to: 1) the greater of ten (10) cents for each dollar overdue or twenty-six dollars ($26.00); or 2) the highest lawful charge, if less. Any security deposit will be returned upon full performance. We may charge you a fee of up to $50.00 for filing, searching and/or titling costs required under the Uniform Commercial Code (UCC) or other laws. If for any reason your check is returned for nonpayment, you will pay us a bad check charge of $30 or, if less, the maximum charge allowed by law. 2. NET AGREEMENT. THIS AGREEMENT IS NON -CANCELABLE FOR THE ENTIRE AGREEMENT TERM. YOU AGREE THAT YOU ARE UNCONDITIONALLY OBLIGATED TO PAY ALL AMOUNTS DUE UNDER THIS AGREEMENT FOR THE ENTIRE TERM. YOU ARE NOT ENTITLED TO REDUCE OR SET-OFF AGAINST AMOUNTS DUE UNDER THIS AGREEMENT FOR ANY REASON. 3. EQUIPMENT USE. You will keep the Equipment in good working order, free and clear of all liens and claims, use it for business purposes only and not modify or move it from its initial location without our consent. You agree that you will not take the Equipment out of service and have a third party pay (or provide funds to pay) the amounts due hereunder. You will comply with all laws, ordinances, regulations, requirements and rules relating to the use and operation of the Equipment. We will have the right, at any reasonable time, to inspect the Equipment and any documents relating to its use, maintenance and repair. 4. SERVICES/SUPPLIES. If we have entered into a separate arrangement with you for maintenance, service, supplies, etc. with respect to the Equipment, payments under this Agreement may include amounts owed under that arrangement, which amounts may be invoiced as one payment for your convenience. You agree that you will look solely to us for performance under any such arrangement and for the delivery of any applicable supplies. 5. POSTAGE DEVICES. Postage measurement devices referenced herein which are subject to a rental agreement between you and an authorized manufacturer ("Postage Manufacturer"), are not part of the Equipment and your use and the ownership of such devices will be governed exclusively by your rental agreement with the Postage Manufacturer. You will need to reference your rental agreement with the Postage Manufacturer for the term of, and your rights and obligations under, the rental agreement. For your convenience, payments under this Agreement may include the rental amounts you owe the Postage Manufacturer under the rental agreement. 6. SOFTWARE/DATA. Except as provided in this paragraph, references to "Equipment" include any software referenced above or installed on the Equipment. We do not own the software and cannot transfer any interest in it to you. We are not responsible for the software or the obligations of you or the licensor under any license agreement. You are solely responsible for protecting and removing any confidential data/images stored on the Equipment prior to its return for any reason. 7. LIMITATION OF WARRANTIES. EXCEPT TO THE EXTENT THAT WE HAVE PROVIDED YOU A WARRANTY IN WRITING, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU CHOSE ANY/ALL THIRD -PARTY SERVICE PROVIDERS BASED ON YOUR JUDGMENT. YOU MAY CONTACT US OR THE MANUFACTURER FOR A STATEMENT OF THE WARRANTIES, IF ANY, THAT THE MANUFACTURER IS PROVIDING. WE ASSIGN TO YOU ANY WARRANTIES GIVEN TO US. 8. ASSIGNMENT. You may not sell, assign, or sublease the Equipment or this Agreement without our written consent. We may sell or assign this Agreement and our rights in the Equipment, in whole or in part, to a third party without notice to you. You agree that if we do so, our assignee will have our assigned rights under this Agreement but none of our obligations and will not be subject to any claim, defense, or set-off that may be assertable against us or anyone else. 9. LOSS OR DAMAGE. You are responsible for any damage to or loss of the Equipment. No such loss or damage will relieve you from your payment obligations hereunder. Any insurance proceeds received relating to insurance you obtain will be applied, at our option, to repair or replace the Equipment, or to pay us the remaining payments due or to become due under this Agreement, plus our booked residual, both discounted at 2% per annum. Except for claims, losses, or damages caused by our gross negligence or willful misconduct, you agree to indemnify us and our assignee, if applicable, against any claims, losses, or damages, including attorney fees, in any way relating to the Equipment or data stored on it. In no event will we be liable for any consequential or indirect damages. 10. INSURANCE. You agree to maintain commercial general liability insurance acceptable to us and to include us as an additional insured on the policy. You also agree to: 1) keep the Equipment fully insured against loss at its replacement cost, with us named as lender's loss payee; and 2) provide proof of insurance satisfactory to us no later than 30 days following the commencement of this Agreement, and thereafter upon our written request. If you fail to maintain property loss insurance satisfactory to us and/or you fail to timely provide proof of such insurance, we have the option, but not the obligation, to do so as provided in either (A) or (B) as follows, as determined in our discretion: (A) We may secure property loss insurance on the Equipment from a carrier of our choosing in such forms and amounts as we deem reasonable to protect our interests. If we secure insurance on the Equipment, we will not name you as an insured party, your interests may not be fully protected, and you will reimburse us the premium which may be higher than the premium you would pay if you obtained insurance, and which may result in a profit to us through an investment in reinsurance. If you are current in all of your obligations under the Agreement at the time of loss, any insurance proceeds received relating to insurance we obtain pursuant to this subsection (A) will be applied, at our option, to repair or replace the Equipment, or to pay us the remaining payments due or to become due under this Agreement, plus our booked residual, both discounted at 2% per annum. (B) We may charge you a monthly property damage surcharge of up to .0035 of the Equipment cost as a result of our credit risk administrative costs or other costs, as would be further described on a letter from us to you. We may make a profit on this program. NOTHING IN THIS SECTION WILL RELIEVE YOU OF YOUR RESPONSIBILITY FOR LIABILITY INSURANCE ON THE EQUIPMENT. You authorize us to sign on your behalf and appoint us as your attorney-in-fact to endorse in your name any insurance drafts or checks issued due to loss or damage to the Equipment. 11. TAXES. We own the Equipment. You will pay when due, either directly or by reimbursing us, all taxes and fees relating to the Equipment and this Agreement, including estimated final -year personal property tax. If we pay any taxes or other expenses that you owe hereunder, you agree to reimburse us when we request and to pay us a processing fee for each expense or charge we pay on your behalf. Sales or use tax due upfront will be payable over the term with a finance charge. If this Agreement is deemed to be a secured transaction, you hereby grant us a security interest in the Equipment to secure all amounts you owe us under any agreement with us, to be released at the end of the term provided you have performed all of your obligations under this Agreement. 12. END OF TERM. At the end of the term of this Agreement (or any renewal term) (the "End Date"), this Agreement will renew month to month unless a) we receive written notice from you, at least 60 days prior to the End Date, of your intent to return the Equipment, and b) you timely return the Equipment to the location designated by us, at your expense. If a Purchase Option is indicated above and you are not in default on the End Date, you may purchase the Equipment from us "AS IS" for the Purchase Option price. If the returned Equipment is not immediately available for use by another without need of repair, you will reimburse us for all repair costs. You cannot pay off this Agreement or return the Equipment prior to the End Date without our consent. If we consent, we may charge you, in addition to other amounts owed, an early termination fee equal to 5% of the price of the Equipment. 13. DEFAULT/REMEDIES. You will be in default if: (a) you do not pay any payment or other sum due to us or any other person when due or if you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any other agreement with us or any of our affiliates or any material agreement with any other entity, (b) you make or have made any false statement or misrepresentation to us, (c) you or any guarantor dies, dissolves or terminates existence, (d) there has been a material adverse change in your or any guarantor's financial, business or operating condition, or (e) any guarantor defaults under any guaranty for this Agreement. If you are ever in default, at our option, we can terminate this Agreement and we may require that you return the Equipment to us at your expense and pay us: 1) all past due amounts and 2) all remaining payments for the unexpired term, plus our booked residual, both discounted at 2% per annum; and we may disable or repossess the Equipment, require you to stop using any software, and use all other legal remedies available to us. You agree to pay all costs and expenses (including reasonable attorney fees and repossession costs) we incur in any dispute with you related to this Agreement. You agree to pay us 1.5% interest per month on all past due amounts. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedy. 14. UCC. If we assign rights in this Agreement for financing purposes, you agree that this Agreement, in the hands of our assignee, is, or shall be treated as, a "Finance Lease" as that term is defined in Article 2A of the Uniform Commercial Code ("UCC"). You agree to forgo the rights and remedies provided under sections 507-522 of Article 2A of the UCC. 15. LIMITATION ON CHARGES. This section controls over every other part of this Agreement and over all documents now or later pertaining to the Agreement. We both intend to comply with all applicable laws. In no event will we charge or collect any amounts in excess of those allowed by applicable law. Any part of this Agreement that could, but for this section, be read under any circumstance to allow for a charge higher than that allowable under applicable legal limit, is limited and modified by this section to limit the amounts chargeable under the Agreement to the maximum amount allowed under the legal limit. If in any ci rcumatance, any amount in excess of that allowed by law is charged or received, any such charge will be deemed limited by the amount legally allowed and any amount received by us in excess of that legally allowed will be applied by us to the payment of amounts legally owed under the Agreement, or refunded to you. 16. MISCELLANEOUS. This Agreement is the entire agreement between you and us relating to our providing and your use of the Equipment and supersedes any prior representations or agreements, includi ng any purchase orders. Amounts payable under this Agreement, including any estimated tax payments, may include a profit to us. The parties agree that this Agreement and any related documents hereto may be authenticated by electronic means. The parties agree that the original hereof for enforcement and perfection purposes, and the sole "record" constituting "chattel paper" under the UCC, is the paper copy hereof bearing (i) the original or a copy of either your manual signature or an electronically applied indication of your intent to enter into this Agreement, and (ii) our original manual signature. You agree not to raise as a defense to the enforcement of this Agreement or any related documents that you executed or authenticated such documents by electronic or digital means or that you used facsimile or other electronic means to transmit your signature on such documents. Notwithstanding anything to the contrary herein, we reserve the right to require you to sign this Agreement or any related documents hereto manually. If a court finds any provision of this Agreement unenforceable, the remaining terms of this Agreement shall remain in effect. You authorize us to either insert or correct the Agreement number, serial numbers, model numbers, beginning date, and signature date. All other modifications to the Agreement must be in writing signed by each party. Within 30 days after our request, you will deliver all requested information (including tax returns) which we deem reasonably necessary to determine your current financial condition and faithful performance of the terms hereof. w.002969-UP02Mail(TL)_0321 PAGE 2 OF 2 267 ADDITIONAL TERI ADDENDUM TO LEASE AGREEMENT Lessor: Electronic Business Machines 802 134 Street SW Ste 170 Everett, WA 98204 Lessee: City of Tukwila Agreement Number: 107152 This Additional Terms Addendum is a part of the above -referenced Lease Agreement between Lessee and Lessor. The terms of this Addendum govern the rest of this Agreement to the extent of any inconsistencies. Additional Tet The Section of the Agreement labeled as "Contract" is amended as follows: THIS AGREEMENT 15 NON -CANCELABLE AND IRREVOCABLE. IT CANNOT BE TERMINATED. PLEASE READ CAREFULLY BEFORE SIGNING. YOU AGREE THAT THIS AGREEMENT AND ANY CLAIM RELATED TO THIS AGREEMENT SHALL BE GOVERNED BY THE STATE OF WASHINGTON AND ANY DISPUTE CONCERNING THIS AGREEMENT WILL BE ADJUDICATED IN A FEDERAL OR STATE COURT IN SUCH STATE. YOU HEREBY CONSENT TO PERSONAL JURISDICTION AND VENUE IN SUCH COURTS AND WAIVE TRANSFER OF VENUE. EACH PARTY WAIVES ANY RIGHT TO JURY TRIAL. 268 Lessor has reviewed this page and the rest of this Agreement. �,.Mike Lessee has reviewed this page and the rest of this Agreement. City of Tukwila Marcm 8/31/21 Authorized Signature Date Authorized Signature Date 'Ti --A 0:,,s-) r y ( Mike Marcum Technical Operations Supervisor Authorized Signatory Name Title Authorized Signatory Name Title 268 NON APPROPRIATION RIDER This Non -Appropriation Rider to the Lease Agreement Number 107152 dated as of 8-31, 2021 (the "Lease"), is by and between Electronic Business Machines as lessor and City of Tukwila, as lessee. Capitalized terms used herein without definition shall be defined as provided in the Lease. Notwithstanding anything contained in the Lease to the contrary, 1. Lessee presently intends to continue the Lease for its entire term and to pay all rentals relating thereto and shall do all things lawfully within its power to obtain and maintain funds from which the rentals and all other payments owing thereunder may be made. To the extent permitted by law, the person or entity in charge of preparing Lessee's budget will include in the budget request for each fiscal year during the term of the Lease the rentals to become due in such fiscal year, and will use all reasonable and lawful means available to secure the appropriation of money for such fiscal year sufficient to pay all rentals corning due therein. The parties acknowledge that appropriation for rentals is a governmental function which Lessee cannot contractually commit itself in advance to perform and the Lease does not constitute such a commitment. However, Lessee reasonably believes that moneys in an amount sufficient to make all rentals can and will lawfully be appropriated and made available to permit Lessee's continued utilization of the Equipment in the performance of its essential functions during the term of the Lease. 2. If Lessee's governing body fails to appropriate sufficient moneys in any fiscal year for rentals or other payments due under the Lease and if other funds are not available for such payments, then a "Non - Appropriation" shall be deemed to have occurred. If a Non -Appropriation occurs, then: (i) Lessee shall give Lessor immediate notice of such Non -Appropriation and provide written evidence of such failure by Lessee's governing body at least sixty (60) days prior to the end of the then current fiscal year or if Non - Appropriation has not occurred by that date, immediately upon such Non -Appropriation; (ii) no later than the last day of the fiscal year for which appropriations were made for the rentals due under the Lease (the "Return Date"), Lessee shall return to Lessor all, but not less than all, of the Equipment covered by the Lease, at Lessee's sole expense, in accordance with the terms hereof; and (iii) the Lease shall terminate on the Return Date without penalty or expense to Lessee and Lessee shall not be obligated to pay the rentals beyond such fiscal year, provided, that Lessee shall pay all rentals and other payments due under the Lease for which moneys shall have been appropriated or are otherwise available, provided further, that Lessee shall pay month-to-month rent at the rate set forth in the Lease for each month or part thereof that Lessee fails to return the Equipment as required herein. 3. The Lease shall be deemed executory only to the extent of monies appropriated and available for the purpose of the Lease, and no liability on account thereof shall be incurred by the Lessee beyond the amount of such monies. The Lease is not a general obligation of the Lessee. Neither the full faith and credit nor the taxing power of the Lessee are pledged to the payment of any amount due or to become due under the Lease. It is understood that neither the Lease nor any representation by any public employee or officer creates any legal or moral obligation to appropriate or make monies available for the purpose of the Lease. 4. Lessee's obligation with respect to rent that becomes due upon exercise of Lessor's remedies with respect to an Event of Default shall be limited to such amount permitted under applicable law. 5. The Lease and this Rider shall be governed by the laws of the state in which Lessee is located. Any provisions of the Lease or this Rider found to be prohibited by law shall be ineffective to the extent of 269 such prohibition without invalidating the remainder of the Lease or this Rider. 6. This Rider may be executed in several counterparts and all of which shall constitute but one and the same instrument. 7. This Rider shall be binding upon and inure to the benefit of the Lessee and Lessor and their respective successors and assigns. 8. Except as modified herein the Lease remains in full force and effect. IN WITNESS WHEREOF, each of the parties hereto has caused this Rider to be executed as of the 31st day of August, 2021 LESSEE By Mike Ma-cWkt LE -By Title Technical Operations Supervisor Title 270 tz'AtE O 2 l,i4xh S r r!1 u �11�jii RECTRONIC BUSINESS MRCHINES August 26th 2021 To whom it may concern: In regards to our previous contracts with KCDA and AEPA, EMB agreed to pick up and deliver expiring equipment back to the lease company at no cost to the City of Tukwila. Once the City of Tukwila has submitted a Letter of Intent and sent it to the lease company. The leasing company will send you the return instructions. Once these instructions are received and forwarded to EBM, we will coordinate the pick up and delivery of these assets at no additional charge to the City of Tukwila. This process will be the same as it pertains to any future equipment leases with the City of Tukwila. rely, Brian Landgren President 271 272 City of Tukwila City Council Finance & Governance Committee Meeting Minutes August 22, 2022 - 5:30 p. m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present. De'Sean Quinn, Chair; Kate Kruller Thomas McLeod Staff Present: David Cline, Tony Cullerton, Niesha Fort -Brooks, Joel Bush Chair Quinn called the meeting to order. I. BUSINESS AGENDA A. Lease agreement: Printers & Copiers Staff is seeking Council approval of a 36 -month lease with Electronic Business Machines in the amount of $107,047.08 to refinance copy machines. Committee Recommendation Unanimous approval. Forward to September 12, 2022 Special Consent Agenda. B. Monthly General Fund Update Staff presented the report. Committee Recommendation Discussion only. C. Budget Outreach Overview Staff presented an overview of budget feedback received to date. Committee Recommendation Forward to Committee of the Whole. MISCELLANEOUS The meeting adjourned at 6:27 p.m. Committee Chair Approval Minutes by LH 273