HomeMy WebLinkAbout27-Purchasing
CITY OF SAN BERtGRDINO - REQUEST ~R COUNCIL ACTION
From: Dean R. Meech, Purchasing Agent
REC~jAQ:MIMl~. Purchase for:
f-89-21 (Sweepers)
I96S fE8 -I AM S ~qj9-22 (Fire Pumper)
F-89-16 (Aerial Bucket TrUC~t
Police Dispatch Console ~~-J
BID: LP9D03 'U'
Dept: Purchasi ng
DIt8: January 31, 1989
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Synopsis of Previous Council action:
Recommended motion:
Adopt Resolution
Contact person: Dean R. Meech. Purchasing Aqent
Phone: 384-5085
Supporting dlt8 attached:
Yes
Ward:
N/A
FUNDING REQUIREMENTS:
Amount: $1.061. 717.30 * *Current total payment in
1988-89 budget is$302,779.68
Source: (Acct. No.! (See Specified Bid) (Console 001-461-54011)
(Acct. Descriotionl
Finance:
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Council Notes:
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CITY OF SAN BERNJODINO - REQUEST F~ COUNCIL ACTION
.,
STAFF REPORT
LP9003
The proposed Council Action is for a five (5) year lease purchase
transaction coverin9 several combined purchases of equipment by the City.
They are...
Bid F-89-21, three (3) each street sweepers. The amount to finance is
$316,524.48. The vendor is Nixon-Egli Equipment Company. The delivery
is 90/120 days A.R.O.
Bid F-89-22, two (2) each fire pumpers. The amount to finance is
$351,708.00. the vendor is Seagraves Fire Apparatus Inc. The delivery
is 365 days A.R.O.
F -89-16, one (l) each aeri a 1 bucket truck. The amount to fi nance is
$71,314.68. The vendor is Morrison Industries Inc. The delivery is 180
days A.R.O.
Bid N/A, one (I) each Centracom II console for police dispatch
communications. The vendor is Motorola Communications. the delivery is
120/160 days A.R.O.
The following is a summary of financing quotes received for the selection
of a vendor to arrange the lease purchase transaction.
* * * (SEE ATTACHED) * * *
Lease purchase quotations (LP9003) were solicited from thirty-one (31)
vendors supplying financing. Fourteen (14) vendors responded.
The vendor, Pacific Corp Capital Inc., in their quotation, offers a total
payout of $1,061,717.30 at 7.78'1, interest. At takedown of equipment the
interest rate will be fixed for the duration of the contract. It is
therefore recommended that the quotation offered be considered by Council
for finalization by the City Attorney's Office of all documents necessary
to implement and effect a five (5) year lease purchase transaction for the
aforementioned project.
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~ PACIFICORP
-: CapHal, Inc.
A Hici/fCorp Financial Services Company
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February 20, 1988
Mr. Dean Meech
Purchasing Department
city of San Bernardino
250.W. Cluster st.
San Bernardino, CA 92408
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RE: Schedule No. 3 & 4 to Conditional Sale Agreement dated as of
February 6, 1986 between PacifiCorpqapital, Inc. and the
City of San Bernardino, Contract No. 1112.
Dear Mr. Meech:
Enclosed are the following documents to the above-referenced
transaction:
1. Master Agreement.
2. Exhibit A, Modification No.1.
3. Exhibit B, Payment Schedule and Equipment List, thereto
(2 counterparts marked "ORIGINAL" and "CUSTOMER COPY"). Please
execute and return both counterparts to PacifiCorp Capital, Inc.
4.
marked
return
Exhibit C, Agreement certification (2 counterparts
"ORIGINAL" and "CUSTOMER COPY"). Please execute and
both counterparts to PacifiCorp Capital, Inc.
5. Exhibit D, No-Arbitrage Certificate (2 counterparts).
Please execute and return both copies to PacifiCorp Capital, Inc.
6. Exhibit E, sample Essential Use Letter to pe submitted
on the City's letterhead in substantially the same form as this
sample.
7. Exhibit F, IRS 8038-G Tax Form with attached
instructions - please return this fully executed document at your
earliest convenience.
8. Exhibit G, Sample Legal Opinion to be completed in
substantially the same format.
9. Exhibit H, Sample Notice of Assignment Letter.
10. Exhibit I, Invoicing Information Sheet - please complete
and return to PCC.
Home Office: 1801 Robert Fulton Drive, ThUd Floor, Roston, Virginia 22091-4347 (703) 648-0500 Fax (703) 476-5767
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11. Exhibit J, Please provide us with evidence of insurance
on the equipment naming as loss payee: npacifiCorp Capital, Inc.
and its assigns as their interests may appear," and pJ:'oviding at
least thirty days notice of cancellation. If self-insurance is
used by the city, please provide PacifiCorp with the information
requested on the Self-Insurance Questionnaire.
12. Please provide PCC with a certificate of Signing
Authority to be submitted on the city's letterhead.
13. Please provide PacifiCorp Capital, Inc. with the serial
number for the vehicles once they become available to you. Also,
please ensure that PacifiCorp Capital is registered as the title
holder.
Please call if you have any questions.
Sincerely,
t\~~
Karen Hoggatt
Finance Administrator
Enclosures
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A FIVE (5) YEAR
LEASE PURCHASE AGREEMENT PACIFIC CORP CAPITAL INC. FOR THE FINANCING OF
THREE (3) STREET SWEEPERS, HIO (2) FIRE PUMPERS, ONE (1) AERIAL BUCKET
TRUCK AND ONE (1) CENTRACOM II CONSOLE FOR POLICE DISPATCH IN ACCORDANCE
WITH LEASE PURCHASE QUOTATION LP9003.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. That Pacific Corp Capital Inc. is the lowest and best
responsible bidder for the financing of three (3) each street sweepers, two
(2) each fire pumpers, one (1) each aerial bucket truck and one (1) each
Centrcom II console for police dispatch in accordance with Lease Purchase
Quotation LP9003 for the total amount of $1,061,717.30; pursuant to this
determination, the City Attorney is hereby authorized and directed to
prepare the necessary lease purchase transaction documents for said
financing of three (3) each street sweepers, two (2) each fire pumpers, one
(1) each aerial bucket truck and one (1) Centracom II console for police
dispatch to said lowest and best responsible bidder Pacific Corp Captial
Inc.; such award shall only be effective upon the issuance of an agreement
by the Mayor of the City of San Bernardino; and all other quotations
therefor are hereby rejected.
SECTION 2. No other transaction shall be initiated under the Master
Lease contained in this agreement without the prior approval of the Mayor
and Common Council.
SECTION 3. The Purchasing Agent, the Director of Finance, the City
Attorney and the Mayor are hereby authorized to execute such documents as
are necessary for the administration of this transaction.
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RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A FIVE (5) YEAR LEASE
PURCHASE AGREEMENT TO PACIFIC CORP CAPITAL INC. FOR THE FINANCING OF THREE
(3) EACH STREET SWEEPERS, TWO (2) EACH FIRE PUMPERS, ONE (1) EACH AERIAL
BUCKET TRUCK AND ONE (1) EACH CENTRACOM II CONSOLE FOR POLICE DISPATCH IN
ACCORDANCE WITH LEASE PURCHASE QUOTATION LP9003.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
day
of
,198___, by the following vote,
to wit:
AYES: Council Members
NAYS:
ABSENT:
Ci ty Cl erl<
The foregoing resolution is hereby approved this
day
of
, 198
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to form
and legal content:
City Attorney
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MUNICIPAL LEASING CORPORATION AGREEMENT
Dated 8S of: February 6, 1986
Agreement No.
86-l112M
CONTRACT PARTIES
MUNICIPAL LEASING CORPORATION DBA
MUNICIPAL FINANCE CORPORATION IN CALIFORNIA
8260 Greensboro Drive, Suite 225
McLean, Virginia 22102
A Virginia Corporation,
hereinafter referred to
.. -MLea.
CITY OF SAN BERNARDINO
300 North D Street
San Bernardino, California 92418
An agency or political subdivision
of the State of California
hereinafter referred to as
.Municipality. .
These addresses are to be used for all correspondence and notices (all notices are to
be by certified mail return receipt requested) from one party to the other and "1 be
changed by notifying the other party in writing.
THE PARTIES (MUNICIPALITY AND MLC) AGREE AS FOLLOWS:
I. DEFINITIONS
For purposes of this Agreement and related documents, the listed definitions will apply:
1.1 ACCEPTANCE DATE. Unless otherwise agreed to by the prior written consent of
MLC, it is defined as the acceptance by the Municipality of the first item of
equipment delivered under this Agreement.
1.2 ASSIGNEE. The person(s) or entity(ies) to whom MLC transfers its rights,
title and interest to a Schedule including the right to receive payments, a
security interest in the Zquipment, and rights under the related Insura~~e.
1.3 EQUIPMENT. The goods enumerated on the attached Schedule(s).
1.4 RESERVE FUND. A fund established by MLC with a national banking association
for the benefit of Municipality and to assure the Investor or Registered
Owners the timely distribution of Payments due hereunder, and to provide
interest and principal payments to MLC's Assignee(s) subsequent to an event
described in Sections 7.1, 8.1, 8.2 or a loss occurring under Section 8.4
hereof.
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1.5 SCHEDULE. The document signed by the parties which authorizes the
installation of Zquipment by MLC, describes the Agreement term for that
Equipment, and Municipality's obligations with respect to payment, the
assignable contract.
1.6 TRANSACTION DOCUMENTS. The Agreement, the Schedule(s), and all related
documents.
II. PURPOSE
2.1 MLC sells Equipment listed on Schedule(s) to Municipality, for consideration
indicated in those Schedule(s).
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III. TERM
3.1 The term of each Schedule will begin on the Acceptance Date of the
Equipment listed thereon and will terminate, except as otherwise provid.d
herein, at the expiration of the number of periods indicated on such
Schedule.
IV. PAYMENT
4.1 AMOUNT AND TIMES OP PAYMENT. The total purchase price indicated in the
Schedule(s) will b. paid in the Payment amounts set forth in the
Schedule(s). Charges will accrue from the Acceptance Date.
4.2 LATE CHARGES. Payments received more than fifteen days after the due date
will be subject to a lat. charge at the rate indicated in the appropriate
Schedule (or at the highest rate allowed by law, if less).
4.3 ABATEMENT OP PAYMENTS. There will be no abatement or r.duction of
payments by the Municipality for any reason. It is the int.ntion of the
parties that the payments b. made "in all ev.nts, unless the obligations to
pay such amounts are terminated as provided h.rein.
V. RESPONSIBILITIES OP MUNICIPALITY
5.1 CARE AND USE or EQUIPMENT. Municipality, at its own expense, ViII obtain
remedial and preventive maintenance during the tera of this Agr....nt to
keep the Equipment in good operating condition and appearance.
The Municipality agrees to use and provide ..intenance for the Equipment
only in manner and to standards contemplated by the Equipment
manufacturer. Selection of the firm to provide ..intenance coverage ViII
be SUbject to approval by MLC, which approval viII not be unreasonably
withheld. Municipality agrees not to relocate the Equipment vithout the
prior written permission of MLC.
5.2 INSPECTION. With reasonable prior notice, Municipality viII allow MLC to
enter the premises wh.re the Equipment is located during normal business
hours to inspect the Equipment in order to determine whetb.r Municipality
is fulfilling its responsibilities.
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5.3 INDEMNITY. Municipality hereby agrees to indemnify and save MLC barmless
from all liability, claims, loss, damage or expenses of any kind, made or
suffered by any party, during or after the term of this Agreem.nt cauaed
directly or indirectly by the "inadequacy of the Equipment, any
interruption or loss of servic., any loss of business or other da.age
resulting from any fault of or in the Equipment or arising out of the
ownerShip, selection, possession, operation, control, use, maintenance,
delivery or return of the Equipment, including but not limited to personal
injury, property damage, death or consequential da.ages. Indemnifications
shall include costs and expenses, inCluding reasonable attorneys' f.es
incurred in negotiations, trial or appeal by MLC in connection with any
claim or action resulting from any such liability. Municipality will be
credited with any amounts received by MLC from any liability insurance
secured by MLe.
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S.4 TAXES AND LICENSES. Municipality will comply with all laws and pay all
taxes relating to the Equipment and Municipality's obligations hereunder,
including, but not limited to, sales and use taxes, gross receipts taxes
(including business and occupational taxes which are based on MLe's gross
revenues related to this transaction), registration fees, license fees,
documentary stamp taxes, personal property and ad valorem taxes and all
other taxe., licenses and charges imposed on the ownerShip, pos.es.ion or
use of the Equipment during the term of this Agreement, together ~ith any
interest and penalties. Notwithstanding the foregoing, Municipality will
not be obligated to pay taxes based solely upon MLC's net income.
S.S ASSIGNMENT OR DELEGATION BY MUNICIPALITY. Municipality agrees not to
lease, assign or transfer all or part of its rights and obligations under
this Agreement or in the Equipment.
or:
S.6 DELIVERY OP RELATED DOCUMENTS. Municipality will sign or provide as
required the following documents satiSfactory to MLe:
a) An Agreement Certification confirming Municipality's Acceptance of the
E9uipment as of the date installed.
J') An Opinion of Counsel confirming Municipality's authority, warranties
and representations.
c) An Opinion of Counsel confirming Municipality's capacity to issue
obligations qualifying Municipality as a political subdivision within the
meaning of Section 103 of the Internal Revenue Code and the related
regulations and rulings and that the portion of payments identified as
deferred interest charges to maturity, upon receipt, viII not be .
includable in Pederal gross income under Statute., regulation., court
decisions and rUlings existing on the date of this opinion and
consequently will be exempt from present Pederal income taxes and income
tax of the State of California.
d) Documents eVidenCing title and delivery.
e) Municipality'S maintenance contract on Equipment.
f) Pinancing statements or other documents perfecting MLe's security
interest.
.g) No-Arbitrage Certificate.
h) Written acknowledgement of assignment and other documents required by
the Assignee.
i) Municipality's liability insurance and casualty insurance policy
covering Equipment, if applicable.
~j) Municipality's representations as to the essential nature and use of
the Equipment.
Municipality shall forward items b through j (as required) to MLC prior to
Equipment installation.
S.7 TRANSPORTATION AND INSTALLATION CHARGES. Municipality shall be
responsible for all charges relating to the transportation of Equipment to
.Municipality's location and installation at such location. MLC may at its
option either prepay such charge. and invoice Municipality or forward to
Municipality transportation and in.tallation invoices as they are
received, whereupon Municipality shall remit payment in a timelY. manner.
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VI. EQUIPMENT
6.1 TITLE. Title to the Equipment viII pass to the Municipality on the
Acceptance Date. Title viII revert to MLC upon termination pursuant to
Article VII or VIII.
6.2 SECURITY INTEREST. The Municipality grants to MLC and MLC retains a
purchase money security interest in the Equipment. Municipality vi11 not
change or remove any insignia or lettering which MLC may place on the
Equipment to indicate its interest therein. Until all installment
payments are aade or prepayment is complete Municipality will keep the
Equipment free from any lien, encumbrance or legal process and the
Municipality vil1 promptly discharge any claim which might become a lien
or charge against the Equipment.
6.3 PILING. MuniCipality authorizes MLe to make MLe's security interest a
matter of pUblic record by filings of any documents MLe deems necessary
for that purpose and to be responsible for any costs associated
therewith. Municipality agrees to Sign or execute such documents at its
expense to evidence its consent to the filings.
6.4 PERSONAL PROPERTY. The Equipment will remain personal property and not be
so affixed to realty as to cbange its character to a fixture or realty.
6.5 ALTERATIONS, ADDITIONS, ATTACHMENTS. In the event title to the Equip..nt
revsrts to MLC, and at MLe's request, Municipality at its expense, will
remove all alterations, additions and attachments and repair the EqUipment
as necessary to return the Equipment to the condition in which it vas
furnished, reasonable wear and tear excepted. Any rep1ac.m.nts or r.pair
parts are Equipment subj.ct to the terms of the Agreem.nt.
6.6 EQUIPMENT RETURN. Municipality is responsible for the r.turn costs
r.lated to the t.rmination of this Agreement pursuant to Article VII or
VIII including deinstallation, rigging, drayage, fr.ight, and insuranc. to
destination within the continental Unit.d States. MuniCipality vi11
provide MLC vith a current Original Equipment Manufacturer's c.rtificate
of maintainability and arrange and pay for such repairs necessary to
ensure that the aanufacturer accepts the Equipment for contract
maintenanc. at its then standard rates. In the event Municipality fails
to provide such certificate, MLC may but is under no Obligation to obtain
the certificate and any charges associat.d therewitb vi11 b. borDe by'
.', Municipality.
VII. DEPAULT AND RBMBDIBS
7.1 DBPINITION. Any of the following events will constitute default under
this Agreement:
a) Municipality fails to make paym.nt required when due, provided such
failure is not a direct result of an earthquake and do.s not continu.
beyond such time as normal business operations are resumed, and such
failure continues after written notic. by MLC for a periOd of fifteen (15)
days after rec.ipt of such written notice, or
b) Municipality fails to observe or perform any other cov.nant,
condition, agr....nt or warranty of the Agreement and such failure
continues for thirty (30) days without cure after MLe provides O~i ~.
Municipality written notice of the failure. ,.~.~lJ1~JL
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c) Municipality becomes insolvent, makes an assignment for the benefit of
creditors, applies for or consents to the appointment of a receiver,
trustee, conservator or liquidator of Municipality or of all or a
substantial part of its assets, or a petition is filed by or againat
Municipality under the rederal Bankruptcy Laws or any similar state or
federal laws providing for relief of debtors.
7.2 REMEDIES. If the Municipality defaUlts, MLC may at its option do any or
all of the following:
a) Terminate this Agreement by providing written notice to Municipality.
b) Take possession of the Equipment wherever situated without liability
for entering the premises,
c) Sell, lease or rent and use the Equipment at its sole discretion.
Municipality remains liable for arrears of payaents, the costs of taking
possession including storage and repair, court costs and attorney's fees,
sale or lease costs, and the balance due under tbe Agreement. The
proceeds of such sale or lease of the Equipment sball be applied toward
the balance due after deducting the aforementioned costs and payments.
For the purposes of this proviSion, the balance due shall be equal to the
Prepayment Amount plus any prinCipal deficiency in the Reserve rund,
d) Declare immediately due and payable all BOnies during tbe Agreement
Term by providing written notice to MunicipalitYt and
e) Take any court action at law or in equity to enforce performance of
the obligations or covenants of this Agreement and to recover damages for
the breach thereof.
Municipality shall remain liable
including all costs and expenses
Municipality.
for reasonable daaages provided by law
incurred by MLC due to the default by
VIII.
TERMINATION
8.1 TERMINATION rOR NON-APPROPRIATIONS. Municipality's obligations to pay any
amounts due for those fiscal periods succeeding tbe current fiscal periOd
are contingent upon legislative appropriation or approval of funds for
that purpose. Therefore, the Municipality may terminate this Agreement
with respect to not less than the entire Schedule effective as of the end
of any of its succeeding fiscal periods (the "Termination Date") by giving
MLC and its assigns sixty (60) days prior written notice of the
termination and advising MLC of the location(s) where the Equipment may be
found on the Ter.ination Date. All obligations of Municipality. to aake
payments due after the Termination Date will cease and all interests of
Municipality in the Equipment will terminate. Notwithstanding the
foregoing, Municipality agrees Ii) not to ter.inate a SchedUle under this
provision if any funds are appropriated to it for the acquisition (by
either purchase or lease) of the Equipment or functionally similar .
Equipment or Equipment performing similar applications and procedures for
the fiscal periOd in question and (ii) that it will use its best efforts
to obtain appropriation of the necessary funds to avoid termination of
each Schedule by taking all appropriate action inclUding the inclusion in
Municipality's budget request for each fiscal period during the term
hereof a request for adequate funds to meet its obligations and to
continue the Schedule in force and (iii) that it will not give priority or
parity in the application of funds to any other functionally aimilar
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equipment for u.eby the Municipality, (iv) th.t if the Contr.ct 11 ter.in.t.d
pur.u.nt to this section 1.1, the Municip.lity vill not in the th.n current or
.ucceeding fi.c.l year. purch..e, lea.e or rent Iqulpment perfor.in, function.
.i.llar to thOle performed by the Teraln.ted IqUIP8fnt, .nd .,r.e. not to
perait function. .Iall.r to tho.. perfor.ed through the u...of tb. IqUlpaent
to be perfor..d by It. own ..ploy.e. or by .ny .g.nt or entity .fflli.ted vltb
or hired by Municipality. Municipality repr...nt. .nd v.rr.nt.lt b..
.dequat. fund. to ...t it. obllg.tlon. during It. current fi.c.l .~ropri.tlon
period. Munlcip.lity .cknovledg.. th.t th. aonl.. .nd .ecurltl.. In tbe
Re.erve pund .h.ll be r.t.ined upon .ny Ter.ln.tlon for tbe b.neflt of the
Inve.tor or Regi.ter.d Own.r., .nd .ny d.flci.ncy in the prinCipal .lOunt of
the Re..rve Pund .h.ll b. re.tored by Municipality, exc.pt, Municipality'.
only re.pon.ibility .h.ll be for . d.fici.ncy (R...rve pund D.ficiency) In tbe
prinCipal .aount re.ulting fro. Municip.lity'. f.llure to ti..ly..ke payaent.
prior to th. effective d.te of a non-approprl.tlon of fund. pur.uant to thl.
Section 1.1. .
8.2 PREPAYMENT. So long .. Municipality I. not In d.fault, Municipality vlll bave
the right, upon providing MLC vith .ixty (60) d.y. prior vrltten notlc" to
pr.pay Ita obligation for th. amount ..t forth In th. Pr.payaent collllllft on th.
d.te. provided In the Schedule(.) plu. the .lIlOuntby which tbe principal
.mount origln.lly d,po.ited In th. R..erv. Pund .xc..da th. prinCipal aaount
realiz.d frolll .uch Pund upon Ita liqUidation. payaentllU.t be recel"ed by tb.
.pecific date ..t.bll.hed.
1.3 MUNICIPALITY'S RIGHTS ON PREPAYMENT OR PAYMBN'l' lit PULL. Upon (1)
Municipality'. .x.rci.. of It. right of pr.paym.nt and(or (II) Itunlclpallty'.
h.Vlng .athfl.d all of Ita aon.tary .nd oth.r Obllg.tion. b.r.und.r, IILC vill
r.l.... It. .ecurity int.re.t In the EqUlpaent.
8.4 DESTRUCTION OP EQUIPMENT. In the .vent any of th. Equipment I. d..troy.',
.tolen or In the r...on.ble opinion of Munlclp.llty, '...ge'beyond econo.leal
repair, MuniCipality .hall give pro.pt vrltten notlc. of .ucb.v.nt toM~ .n'
It. a..lgn.. If MLC r.place. .uch Equipaent vlthin 60 'ay.of notification
then this Agree.ent vill continue in fore.. Municipality.t this tl.. vlll
pay MLC for the r.placement co.t of the Equlpa.nt. If at tb. end of tb. .ilty
day p.riod the Equipment cannot b. r.placed then th. Municipality vlll.
i_dlately pay to MLC an a.ount In ca.h equal to that .h.r. of the Pnpayaent
Amount .et forth In the .ppropriate Schedul.C.) vhlch I.. .ttrlbutable to.ueb
Equip.ent. Said DOUnt .h.ll b. b...d on th. perc.nt.g.that th. purCha..
pric. of th. Equipa.nt bear. tot~. total purcha.. prlc. of ell B9ulpaent
included in .uch Schedul.. There .hall be no abat...nt of periodiC payaenta
through th. .nd of the .ixty-day period. In th. ev.nt there ar. In.uranee.
proceed. covering thl. obligation In exc... of th. aaount. .du.then .uch
exc... .hall b. retain.d by Municipality. The Municipality .gr..., upon
prepar-ent und.r th. t.r.. h.reof, r..ulting fro. the total da..,.,
de.truction, or th.ft of all the EqUlp..nt, to r.pl.ni.h th. R...r". pund a.
..t forth In S.ction 8.1 of thl. Agreement.
IX. ASSIGNMEN, BY ML<;
9.1 ASSIGNMENT. Municipality understand. that MLC contupl.te. .'Parately
a..lgning (or r....lgnlng) it. right, tltl. and Int.reat In e.ch Sch.dUle, tbe
Bqulpaent ll.t.d th.reon, and.all right. to r.c.lve furth.r payaent. to
another party ("A..lgnee"), .ubject .to th. rlghta of Municipality
h.r.under. Municipality con..nt. to .uch a..19naent. and .9re..to ..nd
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all Agreement notices to both MLC and its assignees. All rights of and
indemnifications to MLC will inure to the Assignee. Any such Assignee
will not be obligated to perform any of the obligaUons of MLe:.
Municipality agrees to make payments required under the SChedule directly
to the Assignee without abatement or reduction of any kind. Municipality
will not assert against any Assignee or transferee of MLe's rights any
claim, any defense, counterclaim, offset or recoupment of any kind,
variety or nature which Municipality may now or hereafter have against MLe
whether accruing under the Agreement or otherwise.
9.2 ADVICE or ASSIGNMENT. Upon assignment of MLe's interests to an Assignee,
MLC will cause a written notice of such assignment to be sent to
Municipality which shall be sufficient if it discloses the na.. of the
Assignee and the address to which further payments hereunder should be
made. No further action will be required by MLe or by Municipality'.
consent to the Assignment. Notwithstanding the foregoing, no such
assignment shall be effective against the Municipality unless the
Municipality receives notification in writing of such Assignment
deSignating the name and address of any such assign. In compliance with
Section 103(j) of the Internal Revenue Code, tbe MuniCipality agree. to
affix a copy of each notification of assignment to the Municipality's
counterpart of the Agreement.
X. WARRANTIES AND REPRESENTATIONS
10.1 WARRANTIES AND REPRESENTATION or MUNICIPALITY. The Municipality
represents and warrants to MLe and, so long as this Agree.ent is in effect
or any part of MuniCipality'S obligations to MLe: remain unfulfilled, .hall
continue to warrant at all times, that:
a) Municipality is a state or a duly organized and validly existing
political subdivision or agency thereof and bas the power and authority to
enter into the Transaction Documents to which it i. a party and to carry
out the terms thereof.
b) This Agreement and all other Transaction Documents and the performance
of Municipality'S obligations thereunder have been duly and validly
authorized and approved under all laws and regulations and procedures
applicable to Municipality, the consent of all necessary persons or bodies
has been obtained and all of the Transaction Documents executed by
MuniCipality have been duly and validly executed and delivered by
authorized representatives of MuniCipality and constitute valid, legal and
binding obligations of Municipality enforceable against Municipality in
.': accordance with their respective terms.
XI. DISCLAIMER or WARRANTIES
11.1 The Municipality acknOWledges that the Equipment is of a
capacity, and manufacture selected by the MuniCipality.
manufacturer of the EqUipment.
size, design and
MLe is not a
11.2 MLe MAKES NO WARRANTIES OR REPRESENTATIONS or ANY lIND, EXPRESS OR
IMPLIED, RELATING TO THE EQUIPMENT OR PATENTS RELATING THERETO, AND MLC
BAS EXPRESSLY MADE NO WARRANTY AS TO THE VALUE, DESIGN, CONDITION,
MERCHANTABILITY OR rITNESS rOR A PARTICULAR PURPOSE or ~BE EQUIPMENT.
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11.3 MLC will not be liable to the Municipality for any liability, loss or
damage caused or alleged to be caused, directly or indirectly, by the
Equipment or by any inadequacies thereof or deficiency or defect therein,
by any incident whatsoever in connection therewith or in any way related
to or arising out of this Agreement. Notwithstanding the foregoing, the
Municipality will be entitled to the benefit of any available
manufacturer's warranties. MLC agrees to execute and deliver such further
instrument as may be necessary, in the reasonable opinion of the
Municipality, to enable it to enforce such warranties and obtain the
warranties and service furnished for the Equipment by the manufacturer.
XII. GENERAL
12.1 WAIVER. No delay or omission by the parties in exercising any right in
any of the Transaction Documents shall operate as a waiver of that or any
other right and no single or partial exercise of any right shall preclUde
the parties from any or further exercise of any right or remedy.
12.2 BEADINGS. All section headings contained herein are for clarification and
convenience of reference only and are not intended to limit the scope of
any provision of this Agreement.
12.3 SEVERABILITY. In the event any portion of this Agreement shall be finally
determined by any court of competent jurisdiction to be invalid or
unenforceable, such provision shall be deemed void and the remainder of
this Agreement shall continue in full force and effect.
12.4 AMBIGUITY. The parties to this Agreement, and each of thea, hereby
represent that the language contained herein is to be construed as jOintly
proposed and jOintly accepted, and in the event of any subsequent
determination of ambiguity, all parties shall be treated as equally
responsible for any such ambiguity.
12.5 GOVERNING LAWS. This Agreement shall be construed in accordance with and
governed by the laws of the state where Municipality's principal place of
operations exists.
12.6 IMPLEMENTATION. This Agreement shall be implemented through Schedule!s).
por purposes of construing a transaction as an integrated agreement and
for the purposes of the provision of Article IX, the following shall be
considered a single transaction and legal and binding Agreement:
a) The Agreement, which provides basic terms and conditions.
b) A Schedule.
12.7 AMENDMENT. Any of the Transaction Documents may only be amended in
writing by obtaining the signature of the parties. No assigned
Transaction Document may be modified without the prior written consent of
Assignee.
12.8 EXECUTION. Each Schedule may be executed in any number of counterparts
but only the counterpart that is labeled, .Original. will be deemed to be
the original Schedule for purposes of perfection of a security interest
therein and shall be the only counterpart which may be transferred and
given to transfer the rights of MLC thereunder. This Agreement and
Schedule!s) issued pursuant thereto shall not be effective until accepted
las evidenced by an authorized signature) by "LC.
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12.9 PORMATION OP AGREEMENT. MLC shall not be bound by this A9reement until it
is excecuted by sn officer of MLC.
XIII. SIGNATURES
IN WITNESS WHEREOP, the parties hereto have caused this A9reement to be executed as
of the day and year first above written.
MONICIPAL LEASING CORPORATION DBA
MUNICIPAL PINANCE CORPORATION IN CALIPORNIA
BY: 1.J;lL~~.~~.9. BY:
NAME: wtLLtAJti ,j. /If CJ...It(l.7'( , Jt( NAME: Dean
TITLE: f)tlt.~crolC DF' toN71f"kTr TITLE: Purchasinq Aqent
DATE: ,T.!O ll't. DATE: .March. 5. 1986
DATE ..V.4- 'J'~
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EXBZBZT A
HODZPZCATZON NO. 1
Dated as of July 1, 1988
Agr....nt No. 1112
Modification No. 1 dated July 1, 1988 to Agreement No. 1112 dated
as of February 6, 1986 and all schedules thereto (the
. "Agreement") between Municipal Leasing corporation, as MLC, and
the city of San Bernardino, as Municipality.
1. It is acknowledged that MLC has, prior to the date hereof,
been merged into Systems Leasing Corporation, and that the name
of the surviving corporation is "PacifiCorp Capital, Inc." and
its State of incorporation is Virginia. It is further
acknowledged and agreed that as a result of the foregoing,
Pacificorp capital, Inc. has succeeded to all rights and
interests of Municipal Leasing Corporation under the Agreement
and any and all Purchase Qrders or subcontracts issued thereto.
In connection therewith, the name "PacifiCorp Capital, Inc." is
substituted for the name Municipal Leasing Corporation in the
Agreement in each place where the name "Municipal Leasing
Corporation" appears, and any and all Purchase Orders or
subcontracts issued which may hereafter be acknowledged by MLC
under the Agreement shall be issued to PacifiCorp Capital, Inc.
in its own name (with the same force and effect as if Pacificorp
Capital, Inc. were originally named as "MLC" under the Agreement.
2. Municipality agrees to appoint PacifiCorp Capital, Inc.'s
assigns as its agent for. the purpose of -maintaining a book entry
system as required by the Internal Revenue Code of 1986.
3. No more than 10% of the use of any unit of the Equipment in
any month will be by persons or entities other than the
Municipality or its employees on matters relating to such
employment, and no more than 5% of use of any Unit of the
Equipment in any month will be unrelated to use by or for the
Municipality. No management contract shall be entered into with
respect to any unit if the Equipment unless (a) at least half the
compensation is on a periodic, fixed-fee basis; (b) no
compensation is based on a share of net profits and (c) the
Municipality is able to terminate the contract without penalties
at the end of any three years.
4. As an inducement of PacifiCorp Capital, Inc. to enter into
this Agreement, Municipality agrees to cooperate with PacifiCorp
capital, Inc. in the assimilation and verification of information
with regard to any matters whatsoever concerning this Agreement,
and further agrees to execute such documentation as may be
required for. the purpose of properly reporting this Agreement
including, without limitation, IRS form 8038G or 8038GC, as
required under the Internal Revenue Code of 1986 or any related
rulings and regulations thereunder.
ORIGINAL
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Modification No. 1
Agre8lllent 1112
page 2
5. The Agreement, as amended hereby, shall continue in full
force and effect in accordance with its terms.
IN WITNESS WHEREOF, the undersigned have executed this
Modification as of the date first above written.
PACIFICORP CAPITAL, INC.
as successor to Municipal
LeIng corporation
I i')' 7
By If // v,ifJ-t
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Name (I r SA tI F 0/"');>
Title /ck. c/;',,{E c;(n,U (
Title
71T
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BXHXBXT B
SCBBDULE NO. 3
Dated a. of: February 17; 1989
THIS SCHEDULE is issued pursuant
1986, between the parties to the
of the Equipment listed herein.
meanings ascribed to them in the
To Agre_ent No.: 1112
to Agreement dated as of February 6,
Agreement to authorize installation
All terms used herein have the
Agreement.
A. Payment No. 1 shall be due on October 1, 1989 and subsequent
payments shall be due semi-annually thereafter as set forth hereunder:
Payment Payment Payment Xntere.t Prepayment
1fI1111her ~ Amount Portion Amount
1 01-0ct-89 63,046.44 20,001.40 479,637.55
2 01-Apr-90 63,046.44 18,326.95 433,378.43
3 01-0ct-90 63,046.44 16,587.36 385,500.23
4 01-Apr-91 63,046.44 14,780.10 335,946.30
5 01-0ct-91 63,046.44 12,902.54 284,657.98
6 01-Apr-92 63,046.44 10,951. 94 231,574.57
7 01-0ct-92 63,046.44 8,925.47 176,633.24
8 01-Apr-93 63,046.44 6,820.16 119,768.96
9 01-0ct-93 63,046.44 4,632.96 60,914.43
10 01-Apr-94 63,046.44 2,360.67 0.00.
B. LATE PAYMENTS. There will be a charge of 1. 5% per month based on
the amount .of any late payments.
C. FISCAL YE~. The Municipality's fiscal period is from July 1 to
June 30.
D. PREPAYMENT AND TERMINATION AMOUNTS. The Prepayment Amount will be
due in addition to and concurrently with the payment then due.
E. DEFERRED INTEREST TO MATURITY. Deferred interest charges to
maturity are as set forth above.
G. INSURANCE: RISK OF LOSS. As against PacifiCorp Capital, Inc.,
Municipality shall bear all risk of loss or damage to the Equipment
until the Equipment is returned to Pacificorp Capital, Inc. pursuant
to Agreement Article VII or VIII. The Municipality agrees to. hold
harmless and indemnify PacifiCorp Capital, Inc. from all liability for
damages to the equipment or personal injury arising out of the use of
the Equipment. The Municipality further agrees to secure self -
. insurance for the Equipment for the duration of the Lease term and to
complete Exhibit A hereto describing such self - insurance program.
Page 1 of 2
ORIGINAL
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H. EQUIPMENT DESCRIPTION. The Equipment as defined in the Agreement
includes the following:
EQUIPMBllT LIST
Ouantitv DescriDtion
EauiDment Cost
Serial Number
3
1
1
Street Sweepers
Aerial Bucket Truck
Centracom II Console Police
Dispatch Communications
$298,608.00
67,278.00
119,184.60
Subtotal
Sales Tax
Total Pinanced Amount
$485,070.60
29,104.24
$514,174.84
THE TERMS GOVERNING THIS SCHEDULE ARE CONTAINED IN THE AGREEMENT
REFERENCED ABOVE AND APPLY WITH THE SAME FORCE AND EFFECT AS IF SET
FORTH FULLY HEREIN. THIS SCHEDULE IS SEPARATELY ASSIGNABLE.
Pacificorp Capital, Inc. shall not be bound by this Agreement until it
is executed by an officer of PacifiCorp Capital, Inc.
PACIPICORP, CAPITAL, INC.
CITY OP SAN BERNARDINO
BY:
BY:
TITLE:
TITLE:
DATE:
DATE:
Page 2 of 2
ORIGINAL
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BXHIBIT C
AGREEMBIlT CBRTIFICATIOR
Dated as of: February 17, 1989
Agreement Ro. 1112
COIlTRACT PARTIES
PacifiCorp Capital, Inc.
1801 Robert Fulton Drive
Third Floor
Reston, Virginia 22901-4347
A Virginia corporation
herein after referred
to as "PCC"
City of San Bernardino
San Bernardino, California
An Agency or political
subdivision of the State
herein after referred to
to as "Municipality"
In accordance with Schedule NO.3, we hereby confirm the following for
the equipment described thereon:
1. USE: The primary uses and applications of the Equipment are
as follows:
2. EQUIPMENT LOCATION: The Equipment is installed at the
following address:
3. INSURANCE: We certify that property damage and liability
insurance has been secured in accordance with the Agreement and such
coverage will be maintained in force for the term of the Agreement.
PacifiCorp Capital, Inc. will be designated loss payee until we are
notified, in writing, to substitute a new loss payee. A copy of the
policy endorsement will be provided.
4. MAINTENANCE: We certify that we have contracted for equipment
maintenance service and will keep such coverage in force for the term
of the Agreement. A copy of the maintenance contract will be
provided.
5. ACCEPTANCE: The first item of equipment is delivered and
accepted as of
FOR:
BY:
NAMB:
TITLE:
I
ORIG\NAL
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BXHIBIT D
Aqre_ent Bo. 1112
BO-ARBITRAGB CBRTIFICATB
Pursuant to Treasury Regulations (1.103-13(a) (2), the city of.San
Bernardino (herein called the "Municipality") hereby certifies, with
respect to PacifiCorp, Capital, Inc. Agreement dated as of February 6,
1986, Agreement No. 1112, Schedule No. 3 (herein called the
"Agreement"), as follows:
1. The Agreement is being entered into by the Municipality to
provide for the lease of certain equipment (herein called the
"Equipment"), by the Municipality to be used by the Municipality at
its governmental offices. The Agreement provides that under the terms
and upon the conditions provided therein, the Municipality, at its
option, may purchase the Equipment.
2. The Agreement provides that PacifiCorp Capital,. Inc., shall
lease the Equipment to the Municipality, and that the Municipality
shall pay to PacifiCorp Capital, Inc. semi-annual rental payments
(herein called the "Rental Payments"). As specified in the Agreement,
a portion of each Rental Payment is designated as interest in
accordance with the schedule attached hereto.
3. The Agreement will commence upon the date of acceptance of
the Equipment and will continue until either (i) the Municipality
makes all of the Rental Payments as required by the Agreement, or (ii)
the Municipality exercises the purchase option as set forth in the
Agreement and all interest of PacifiCorp capital, Inc. or its assigns
in the Equipment terminates, or (iii) the Agreement is otherwise
terminated in accordance with its terms, in which case PacifiCorp
Capital, Inc. or its assigns may retain an interest in the Equipment.
4. The Municipality will not receive any proceeds or other
consideration for its payment of the Rental Payments pursuant to the
Agreement other than the use of the Equipment, and it is reasonably
expected that the Municipality will not sell or otherwise dispose of
the Equipment prior.to the termination of the Agreement.
5. It is expected that Rental Payments under the Agreement will
be paid from annual appropriations of the Municipality deposited into
the Operating Fund of the Municipality, that such appropriations will
equal Rental Payments during each payment period, and that all amounts
paid for Rental Payments will be from an appropriation made by the
Municipality during the fiscal year in which such Rental Payment is
made. No other fund or account, except as authorized or established
pursuant to the Agreement, will be used directly or indirectly to pay
Rental payments under the Agreement nor is any other fund pledged as
security for the payment of Rental Payments under the Agreement.
ORIGINAL
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Agre_ent lITo. 1112
lITo-Arbitrage Certificate
page Two
6. Nothing in this certificate shall diminish any rights or
benefits of the Municipality under the Agreement.
7. The Municipality agrees that it will not use or permit the
use of the Equipment by any person not an "exempt person" within the
meaning. of Section 103(b) (3) of the Internal Revenue Code of 1954, as
amended, or by an "exempt person" (including the Municipality) in an
"unrelated trade or business" within the meaning of Section 513(a) of
said code, in such manner or to such extent as would result in the
loss of exemption from federal income tax under section 103 of said
code of the portion of Rental Payments designated as interest.
8. The Commissioner of Internal Revenue has not published notice
in the Internal Revenue Bulletin that the Municipality is disqualified
and may not certify obligations under Treasury Regulations (1.103-
13(a)(2), nor has the Municipality been advised that such action is
contemplated.
To the best of the knowledge and belief of the undersigned, there
are no other facts, estimates, Or circumstances that would materially
change the expectations of the Municipality as set forth herein, and
said expectations are reasonable. The undersigned is an officer of
the Municipality responsible for executing the Agreement and is acting
for and on behalf of the Municipality in executing this certificate.
Dated:
CITY OP SAlIT BBRlITARDIlITO
Municipality
By
Title
ORIGINAL
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EXHXBXT E
(To be submitted on Municipality's Letterhead)
ESSENTIAL USE LETTER
Date:
pacifiCorp, Capital, Inc.
1801 Robert Fulton Drive
Third Floor
Reston, Virginia 22091-4347
RE: Agreement dated as of February 6, 1986, between PacifiCorp
Capital, Inc. and the City of San Bernardino, Agreement No. 1112,
Schedule No.3.
Gentlemen:
This letter is being written with respect to the use of the property
(hereinso called) to be sold to the undersigned under the above-
referenced Agreement. The property will be used by
for the following purposes:
(Department or Division Using Equipment)
(State how and for what purposes the property will be used)
The undersigned hereby represents that the use of the property is
essential to its proper, efficient and economic operation.
Very truly yours,
CITY OF SAN BERNARDINO
Municipality
By:
Title:
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Aqre_ent 110. 1112
Schedule 110. 3
BXH:IB:IT P
IRS 8038-G Tax porm
The IRS Tax Form 8038-G is to be completed as described below.
There are four blocks you must complete:
Section 2.
Fill in your employer
identification number (EIN).
Section 4.
Fill in the second blank.
This number reflects the
number of Form 8038-Gs you
have submitted so far this
year.
Section 6.
Please check the accrual date.
Signature block.
Remember to include an
authorized signature, the date
and the title of the
authorized signatory.
PCC will complete section 17(a) on your behalf. PCC has prepared
this form and any necessary estimates in accordance with its
understanding of the new IRS policy. To the extent you are
relying on information provided by PCC, we certify that, to the
best of our knowledge, the information is complete and correct.
As timely filing of this tax form is imperative, please return it
at your earliest convenience.
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Contract 1112-3
0...-.""'."'.'.... ,'..,"""
"".'OW' ....""" s.""".
Information Return for Tax-Exempt
Governmental Bond Issues
. u"", Stch." l"lt'
(U" "'''' 10)8 t,C ,I ,n",. 'f.e. I. ",,,,.' 1100.000'
Ow.... 1~\O'I~
t...." II-II..,
'.'~ 8038.G
(Otu"".' 1'16'
1 ",,,""fle""
Cit of San Bernardino
Cllte~ 1>0. .1 "",.n't' Rllv.n .
I ...."',.. ."'fIey" .....u,... """"'..
I fill""".., tftf .,...,
250 W. Cluster St.
, ,....,towf't\.t'..Ilif'.......
San Bernardino, CA 92408
l t ollnut (thttk bOlln Ih.l. lin)
7 Cllttk bD.,I bonCl\ "t III orolllt' 't..nvt .nlot'PlIoon bond,. 0
. Cllttk bD. .1 bDnd, .'t in lilt lor'" 01 . lent Dr ",sl.II""nl Sift. f:l
, 0 [due.llon. . . . . . . . . . . . . . . . .
10 0 Hullll.nd IIDSpi1l1
11 0 '"n,port.lion
1Z {it Pvbloc Silt" . . . . .
13 G [nvi,onrntnl (.ntludl"C stw'Ct bonds)
14 0 Hous.nC . . . . . . . " .
IS 0 Uliloliu .. . . . . . . .
l' 0 Olllt.. Ouell~ Is.. .n"'utl.ons).
. .........."..,.
CUI
. De" III ..we
4 1 89
...."'fttc.
lion of Bonds
A
17 F,n.1 ",lIvlll, .
II [nlut iSlut, .
Usn of 0,;
It P'oettds ustd 10' ICt'utd .nltltsl . . . . . . . . . .
20 P'OCttO, "'ta '0' bona ,ssu.nct Co'I' (,nCluOlna "nOerwrlttl~' o'$Count)
21 P,otteds uud 10' C'tdl~ tnhlntfmfnt
22 P'ocreOs III0cattO \0 'u~or'llbIJ .rQulltO 'uerwl or feplacemfn~ '".nO ....
2) P'ott'Cb USlO to 'rturtCJ p'iO' Inuu . . . . .. . . .
2. Non.tlund. plOCttd. Of. lilt 'Slut {subtrIC11.nt. 20. 21 22. .nd 23 from I.". 18. colu",n Ie I
Outrlption of Rtlundtd Bonds (tom Ittt Ihis a,lonl lor 'tlundi.. bonds
25 [ntef tht rem,lftl"l wt,chteC' II/erllt m"atu'lt, of the bonds to bt fe'unCStct
26 [nltllllt IISI dllt on wh.ell Iht ,.fundtd I>OndS w.1I bt C.lltO
27 [nt" 'hI' dlte' the refundra bOnd' .,ff InUl'd .
Mllttll.ntous
It
20 3 1 6
21
22
23
2. 514,174.84
.
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21
29
[nIt' lilt .mounll.l.n,) 01 tilt IIlIt yolumt e.p .lIoe.ltO 101M .nut . . . . . . . . . ..
~tbll"ee ,.bllt:
. Chetll. be. tf the Stnlll IOYfrn",en.,1 urut t.ctphon 10 Ihf ,rbltrll' ',b,tt ,eQI,,Il'tmenIIPp11t1 .
b Chttk be. I' the 6.monU\ temporary Ir'I.."tment t'"pl,on to Ihr ,fbIU'Cf Ifbatt 'fQulltment IS fJPfC"d to IPplJ
c Chet" boll' ,Ou t,~CI to tlln ,nO feb.tt .rbolllge P,otlU to the U S
30 [nltt Ihe .mo"nl 01 Iht I>Ono. dt"i'.teO o,lht ,,,"t. "nOtt Stehon 26;(oX3XBXIO)
31 POOled "n.ne,nc,
. Checlt. bOadl")' of the procetd' of Ihll Inut Iff to be uud to ml"" 101'" to ot"", IOwffnrnentlt unit,... 0 and
tnt,r the .ft\Oul\t ...
.. Check boa It th,' I"ue IS I lOin ""Of from tf'lf P'OCftds ot IhO'''I' 11..t1empt .nut ...0 and enttr the name ot the
,nutf ... 11'\" the dltt of the .nut ...
n/a
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UtoOt' """lon.1 ..'....., 10ft"" '....' I ",., '.."'.fII..'.... '.h,'" If'lO .ce""""'..... tC..........1WI tI.11"",,"1...f\O ,. ,'" Ill".' 1ft, .l'IO_'9CI' '''C '" '1'
,,,,,,..,,,,,,. ...".n 'I'lCIU'l"'I,tt"
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EXHIBIT G
SAMPLE OPINION LETTER
TO BB BXECUTBD ON COmrSBL' S LETTBRHEAD
PacifiCorp, Capital, Inc.
1801 Robert Fulton Drive
Third Floor
Reston, Virginia 22091-4347
Gentlemen:
We are counsel to the City of San Bernardino, (the
"Municipality"), and, in that capacity, we have examined the
Agreement, Agreement No. 1112, dated as of February 6, 1986 (the
"Agreement"), and Schedule No.3 thereto, between the Municipality and
PacifiCorp, Capital, Inc. ("PCC").
As a result of our examination of the Agreement and such other
examinations as we deemed appropriate, we are of the opinion as
follows:
(a) The Municipality is a public body corporate and politic and
is authorized by the Constitution and laws of State of California to
carry out its obligations under the Agreement;
(b) The Agreement
delivered by **
agreement, enforceable
has been duly authorized, executed
, and constitutes a valid, legal
in accordance with its terms;
and
and binding
(c) No approval, consent or withholding of objection is required
from any governmental authority with respect to the entering into or
performance by the Municipality of the Agreement and the transactions
contemplated thereby;
(d) The entering into and performance of the Agreement will not
violate any judgment, order, law or regulation applicable to the
Municipality or result in any breach of, or constitute a default
under, or result in the creation of any lien, charge, security
interest or other encumbrance upon any assets of the Municipality or
on the equipment subject to the Agreement pursuant to any instrument
to which the Municipality is a party or by which it or its assets may
be bound;
(e) The equipment is personal property and when subject to use by
the Municipality will not be or become fixtures under the law of the
State of California;
(f) The Municipality is a political subdivision within the
mean~ng of section 103 of the Internal Revenue Code and the related
regulations and rulings and that the portion of payments identified as
deferred interest charges to maturity, upon receipt, will not be
1
-
o
o
:J.---7
includable in Federal gross income under statutes, regulations, court
decisions and rulings existing on the date of this opinion and
consequently will be_exempt from present Federal income taxes and
income tax of the state of California: and
(g) There are no actions, suits or proceedings pending or to our
knowledge, threatened against or affecting the Municipality in any
court or before any governmental commission, board or authority which,
if adversely determined, will have a material adverse effect on the
ability of the Municipality to perform its obligations under the
Agreement.
Very truly yours,
**PERSON SIGNING DOCUMENTS
2
w
~ ~
~
.
.
o
o
).._/v
EXHIBIT R
SAMPLE NOTICE OF ASSIGKNBNT LETTER
Date:
TO: city of San Bernardino
. 300 North D Street
San Bernardino, California 92418
RE: That certain Schedule No. 3 to Agreement No. 1112 dated as of
February 6, 1986 (the "Agreement") between PacifiCorp Capital, Inc.
("PCC") and the City of San Bernardino as Municipality.
Gentlemen:
Please be advised that pursuant to the Agreement, PacifiCorp capital,
Inc. PCC is assigning all of its right, title and interest in, to and
under the Agreement to:
SAMPLE
All payments and notices in connection with the Agreement are to be
sent to:
SAMPLE
with a copy of any notices to PCC.
The terms of the Assignment specify that PCC shall continue to perform
all obligations and duties required of PCC under the Agreement, and
the Assignee shall not be responsible for performance of any such
obligations or duties.
In compliance with section l49(e) of the Internal Revenue Code, the
City agrees to affix a copy of each notification of assignment to the
city's counterpart of the Agreement.
We request that this notice of assignment be acknowledged by signing
in the space provided below and returning a copy to us.
Sincerely,
Phillip G. Norton
President
ACDfOWLEDGED AND AGREED:
CITY OF SU BERNARDINO
BY:
IIAIlE :
TITLE:
DATE:
o
o
?- -,/
BXHIBIT I
Aqre..ent No. 1112
Schedule No. 3
INVOICING IlIPOlUIATIOH PORK
. Please help us provide a more efficient service to you by
completing the information requested below and returning this form to
us along with the Contract documentation.
1. Invoicing Address:
2. Accounts Payable Supervisor:
Name
Telephone
.
o
o
;;;- - / l-
BDIBIT J
1) Does the Purchaser intend to self-insure for:
a) damage or destruction to the property;
b) liability for inj~ry (including death) to persons?
2) What are the limits (in dollars) of the liability the
Purchaser proposes to assume for claims under 1) above?
3) Does the Purchas~r maintain an umbrella insurance policy
for claims in.excess of Purchaser's self-insurance limits
under question 2) above? If so,
a) does the umbrella policy provide all-risk property damage
coverage and coverage for liability for injuries, including
death, to persons?
b) What are the umbrella policy's limits for such property
damage and liability coverage?
4) From what source does the Purchaser obtain funds to pay
its self-insured liabilities?
a) Does the Purchaser maintain a self-insurance fund? If so,
i) Are the monies in this fund subject to annual
appropriations?
ii) What total amount is maintained in the fund to cover
the Purchaser's self-insurance liabilities?
iii) Are amounts paid from the fund subject to limitations
per each claim?
iv) If the Purchaser does not maintain an umbrella policy,
are claims limited only to amounts available in the fund, or
may a claimant pursue other avenues of relief against the
Purchaser?
v) Who or what is the decision making authority for payment
of claims submitted against the Purchaser?
1
- ~
-
o 0
:;.., If
vi) If a claimant receives an adverse decision from the
entity described in 4.a)v) above, does the claimant have
recourse to the courts or to another administrative agency
(i.e. who/what is the authority of last resort for paying a
claim against the Purchaser's self-insurance liability?
b) If the Purchaser does not maintain a self-insurance fund,
from what source(s) does the Purchaser obtain funds to pay
claims against its self-insured liability?
i) What are the limitations and amounts payable for claims
against these funding sources?
ii) Who/what is the entity authorizing payment from a claim
against the Purchaser's self-insurance liability?
iii) Who/What is the authority of last resort for paying a
claim against the Purchaser's self-insurance liability.
2
- 1&
4.
.. .0
~PACIFICORP
=:=CaJJital, Inc.
A I1lCi/iG0I11 /'/lIilllciiJ/8nvic('S GIIIII/IiIllY
"M.\,,\..t,p
-,\( t'F Sf\d bC '.bH11~"~:'l'
.r.,i~S\i\G\YcPi).\\ HU"
; ,1.,./111 \
..:3 fEB - 3 1'\1 2: 29
....... '--.
rl ro c ~... . . ~ to l;
.'- -.
Public Finance Division
February 1, 1989
L/7't1?0
Dean R. Meech
Purchasing Agent
City of San Bernardino
250 West Cluster Street
San Bernardino, CA 92408
----
Dear Mr. Meech:
This letter is to acknowledge the acceptance of Bid F-89-21,
22, and 16 plus the Centacom II console police dispatch
communication which has no bid number. with the City's
acceptance of our offer, our lease/purchase rates are fixed
for the transaction.
The appropriate lease documents are being processed.
sincerely,
~-j.~
william L. ~remiah
Regional Vice President
WLJ:khs
Home Olliee: 8260 Greensboro Drive, Suite 225, Mclean, Virginia 22102 (703) 893-2460 Telecopy: (703) 848-2425
AnA( Rn...lt.. Dn..'" <::..l,.1.nll Rnntt. r",lifnl'...i. Q?nn? (r.l0' "7<_1<?.4 T..l...rnnv' ("'10' .47<_4411?
-
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II
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::',TY OF SAri BERNARDINO
.IJf:CIIASING DEPARTMEPn
;~JJ JAN 19 Pll 2: 35
RECElVt:.D
payments are not acceptable.
CONDITIONS
1. Down payment or balloon
2. Use of reserve amount or buy down account not acceptable.
3. The City of San Bernardino will not allow private placement to public
market of any lease obligation.
4. Quote accordingly.
Indicate unde~'lO million tax exempt debt rate.......~'
or
over 10 million tax exempt debt rate G2r'
This quote required by
1-19-BB
(Date)
PACIFICORP CAPITAL, INCORPORATED
(Company)
William L. Jeremiah
(Contact)
~'4'_ ~. ~A_:_~
( 19n
619/475-1524
(Phone)
February IB, 19B9
(Date)
1\
-::..:~ ~
.4
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Please quote each separately and all together.
1. 5 Year Lease....Effective Annual Percentage Rate S 7.78
Semi-Annual in Arrears Payment...................$ 38,811.20
Total Payout......................................$ 388,112.00
Rate Good Until................................... 2/19/89
2. 5 Year Lease....Effective Annual Percentage Rate S 7.78
-Semi-Annual in Arrears Payment...................$ 8,744.37
Total Payout.....................................$ 87,443.70
Rate Good Unti 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2/19/89
3. 5 Year Lease....Effective Annual Percentage Rate S 7.78
Semi-Annual in Arrears Payment...................$ 43,125.29
Total Payout.................................. .,...$ 431,252.90
Rate Good Until................................... 2/19/89
4. 5 Year Lease....Effective Annual Percentage Rate S 7.78
Semi-Annual in Arrears Payment...................$ 15,490.87
Total Payout.................................... .$154,908.70
Rate Good Until................................... 2/19/89
All :
5 Year Lease....Effective Annual Percentage Rate S
Semi-Annual in Arrears Payment...................$
Rate Good Unt; 1................................,..
7.78
106,171.73
1,061,717.30
2/19/89
Total Payout.....................................$
o
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CITY OF
San l)ernardino
PURCHASING. 8TORI8 DIVISION
DEAN R. MEECH
PURCHAIING AGIENT
Quote LP '90003
January 5, 1988
Dear Sir:
Please furnish on this form a Lease Purchase Quotation per the following
parti cu 1 ars .
Project to Finance:
1. Three (3) each Street Sweepers
Amount to finance: $316,524.48 Delivery: 90/120 Days ARO
Vendor: Nixon-Egli Equipment Co. (213) 944-8061 8id: F-89-21
2. Aerial Bucket Truck
Amount to finance: $71,314.68
Vendor: Morrison Industries Inc.
Delivery: 180 Days ARO
(714) 476-2777 Bid: F-89-22
3. Fire Pumper, 1500 GPM Triple Combination
Amount to finance: $351,708.00 Delivery: 365 Days ARO
Vendor: Seagrave Fire Apparatus Inc (714) B23-3194 Bid: F-89-16
4. Centracom II Console Police Dispatch Communications
Amount to finance: $126,335.68 Delivery: 120/160 ARO
Vendor: Motorola Communications (714) 781-7600 Bid: No Bid'
Amount to finance: $865,882.84 Bid: F-B9-21, 22 & 16 Plus One
With No Bid'
Thank you for your quick response.
Sincerely,
~P<i~ t> ~J'~ / ~)
ean . eech, urchas n~ Agent
250 WEST CLUSTER STREET. SAN BERNARDINO.
r.Alll=nRNIA q?4nA 7t.'~.._50.11i
"111' IF I
.' "'11N PI :tlC;RfSS
,1 ---1
.,~, ..___~lf
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Please quote each separately and all together.
1. 5 Year Lease....Effective Annual Percentage Rate S
Semi-Annual in Arrears Payment...................$
Total Payout. . IO... . IO. . . . . . 10 . . . . . . IO. IO.. IO...... ....$
Rate Good Unti 1. . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . .
2. 5 Year Lease....Effective Annual Percentage Rate S
Semi-Annual in Arrears Payment...................$
Total Payout. . . IO. IO. . . . e-e . .-.. IO.... . . IO... IO. . .0. ......$
Rate Good Unti 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IO... .
i
I
3. 5 Year Lease....Effective Annual Percentage Rate S
Semi-Annual in Arrears Payment...................$
Total Payout... IO. . . . . IO. . . . . . . IO. . . . . IO.. . . . IO.. .....$
Rate Good Unti 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . .
4. 5 Year Lease....Effective Annual Percentage Rate S
Semi-Annual in Arrears Payment...................$
Total Payout. . IO. IO.... . . . . IO.. . . . . . . . IO. . IO.. IO. . . . . ..$
Rate Good Unti 1. . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . .. IO.
All :
5 Year Lease....Effective Annual Percentage Rate S
Semi-Annual in Arrears Payment...................$
Total Payout..... . . . IO. IO.. . . . IO. . . . IO.. IO. . IO.... . . ...$
Rate Good Unti 1. . . IO... IO.. . ._. . IO. . . IO.. . IO. IO.... IO.. IO. .
,~
o
o
CONDITIONS
1. Down payment or balloon payments are not acceptable.
2. Use of reserve amount or buy down account not acceptable.
3. The City of San Bernardino will not allow private placement to public
market of any lease obligation.
4. Quote accordingly.
Indicate under 10 million tax exempt debt rate
or
over 10 million tax exempt debt rate
o
o
This quote required by
1-19-88
(Date)
(Company)
(Contact)
(Phone)
(Signed)
(Date)
o 0
BERN ARD IN 0 300 NORTH "0" STREET, SAN BERNAROINO. CALIFORNIA 92418
EMERGENCV SERVICES DIVISION
.This memo addresses Budget Item 001-461-54011.
December 29, 1988
This negotiation of 12-29-88 11 a.m. between Motorola Communications
and Electronics, Inc. represented by Gordon Ayres, Account Executive, and
Dennis Edwards, Account Executive, and the City of San Bernardino, repre-
sented by Richard .lcGreevy, Director of Emergency 'Services and Dean Meech,
Purchasing Agent.
Intent is to secure the CentracUIlI II console used by the Police Dept.
Dispatch.
This accord secures the price and installation at the cost of
$126,335.68 and forestalls the price increase of 8% effective 1-89 by
.wtorola Company.
Further, this accord is contingent upon all elements of approval by
the City of San Bernardino for the purchase of this equipment.
Authority based upon Municipal Code 602, SectionI, /J4 and MC 513.
......, /
///;'4 ~j? IlcGT'ULe Cf'-J
Richard MlGreevy, Direcior
Emergency Services/Communications
/} ~ // .
// ///J A
... ,~. '/.1'.. '
. //,;r;, -L)!.? . Y
tJ. /11
/'(.J7/!" 'j{ C;k/;,tt'-..."
/ A'ordon Ayres, Aq{o~lOt Executive
Motorola Communications
Dean R. Meech
Purchasing Agent . . J
J . .\ / /' ~
~~'!(t~t{/D . /f:.-?; ttc/(/1;.);d
Ilc,nis Edwards, Account Executive
Motorola Communications
/mlc
.
d1"U",r: rrn"'., t. "., '.'-:
l""'~'l. _/
_'_ I)
/ /'/ ( j
/CITY OF SAN OERNARDINO - C)IIEMORANDUM.
To Jim Robbins
From Dick 11c.Greevy
Su~Kt Centracom II Update
Date
January 25, 1988
Approved
Date
Jim,
Here's an update to my January 4, 1989 memo on Centracom II Police
D~spatch Console: 01(
1. Motorola representative Dennis Edwards states that the City .~-
can order the console now at the 1988 price of $126,335.68 and ~~
then hold delivery pending the decision by the County on the ,.~
winning vendor for the 800 MHZ system. If Motorola is not
chosen for the 800 MHZ system, the City can then cancel, without
penalty, the order for the Centracom II. I recommend we order
now.
2. Dean Meech now has the total cost figures (equipmen~, tax, instal-
lation and financing) for the Centracom II. It will be either
$154,786.50 (Security Pacific at 7.7~% interest) or $154,908.70
(Pacific Corp at 7.78% interest). The current approved budget
allows for six payments of $21,366 for a total of $128,196.
Future budget lines for the Centracom II will therefore.have to
be adjusted up to pay for financing. The first semi-annual pay-
ment under the above financing will be $15,490.87. Since the
financing is part of a total package (3 street sweepers, 1 aerial
truck, 1 fire pumper, 1 Centracom II), the Centracom II budget
will also have to pick up a small share of an initial $17,366
commitment on the total package. This share~lus the first
$15,490.87 payment should be less than the ~,3~6 budgeted for
1988-89. ~ I
~cd:e~rector
Emergency Services
DM/mc
PRIDE -I
~ESS
o
o
----------------------------------------~--------------------------------_._--------~---
cusrOMER I CITY OF SAN ~ERNADINO
S'SiEM : CONSOLE SUMMARY SHEET
ACCOUNT EXEC, GORDON L. AYRES
ENGINEER I ~~R~EN WUERNER
\;;/lb/BB
:ITEM: MODEL NUM~ER : DESCRI~TION
l---------------------~-------------------------------
:1
816(14-A
1 SINGLE BAY; 4 PANEL ENCLOSURE
1
I LEFT SIDE PANEL
1
: FOOT SUPPORT
I"
I
IA
1:750
IB
KI27
Ie
1:125
VERTICAL MOUNTING RAILS
3
8124BA
"HANI: 1/2 PANEL
B
ltIIl04-F
45 DEGREE ENCLOSURE, 51"
1 ~\
~14(l0
MASTER CONT~OL PANEL
I(I~ f .5;(1
IIEADSET JAO:"
IHlt 1:7(14
EE~OND HEADSET JACI
" .
.
II(lC 1:577
;ELE~HONE/HEADSET INTERFACE
1100 1:572
DUAL FOOT SI<i;TCH
: HIE . 1.[te'7
OPER'iOR CROSS ~UTE
: I\I~ 1,154
I(I~ FOOT i PAIK CAltLE
'1(16 1.10:;
~ATCH SWITCH
IIOH 1:~5
ALERT TOIlE I
.
.
IIOJ . 1:7:;:;
ALERT TONE 2
tOI: 1:7H
ALERT TONE :;
10l 1:20(1
SELECTIVE INTERCOM
II [tJ 4:> II
AUXILIARY CONTROL MODULE
IIA 1::H7AB
QUIK-CAll II r.v PAGING FORMAT
118 1:732
SIGNAL SN ITCH
lie 1:363
MUL T I-SELECT
-----------------------------,
,
1
1
1(11
I
21
Bl
I
7:
141
21
1
4 :
4 I
4
4
4
4
4
4
4
41
I
41
:
41
I
41
1
41
1
41
4:
------------------------,
,
TOTAL QUANTITY
-------------------
,
utJ IT $ EXTENDED ~
10:
I
21
I
81
,
,
7:
1700.00
99.45
60.35
56.10
14 I 28,90
I'
21 1705.95
I
4' 451\5.00
4
4
4
4
4
4
4
4
4
4
4 I
,
.,
4 :
r
41
1
4:
4 :
,
,
,
,
17ooo.od
,
,
198.9Q
,
,
482.8Q
392.70
404.60
I
34 11. 9Q
I
lB340,Oll
156,40 G75,6~
,
,
156,40 G7~.6Q
I
256.70 1026.8Q
,
,
73.95 295.8q
N/C
77 .35
N/C
N/C
N/C
N/C
N/C
191. 25
N/C
N/C
N/C
,
,
N/C:
309.40
N/C:
N/C I
I
N/C I
.
,
N/C:
I
,
N/C 1
.
,
765.0Q
.
.
N/C I
I
N/C 1
I
N/C I
~---------------------------------------------------------------------------------------
.... 0
-~----"---------------------~~-------------------------------------------------------...
CUSTOMER CITY OF SAN ~ERNADINO
SYSTEM I CO~SOLE SUMM~~Y SHEET
: ENGINEER I W~RRE~ WOERnER 1~/lb/BB I
I-~---------------------------------------------------I
IT~MI MODEL NUM~ER : DESCRIPTION I
-----.-----------------------------------------------1
I I I
liD I ~337 MULTI-SELECT INSTANT TRANSMIT 1
I
liE 1 1:70 TIHED U"SELECTED AUDIO HUTE
(ALL HUTEI
"IF
rns
. PRIORITY CHAN"EL HAR~ER SWITCH
12
[4~NI>038
TELEPHONE HOST. INTERFACE CA[4LE
13
I
I 81401
I
1 [41405
1
.'
CHA""EL CONTROL PANEL
14
TIRI CHANNEL CONTROL HODULE
14A
1:121
MAIN/STAND~Y SWITCH
IS
.
.
I H439
.
.
.
T2R: CHANNEL CONT~OL MODULE
COMPARATOR DISPLAY MODULE
1&
(4141)6
24
[41448
CALL CHEC~ P~:OP~ER CONTROL
MODULE
~.
oJ
P14;j:;
'HeME PATCh CONT~DL MODULE
:7
U 6(t1-A
ONE [lAY DES~ STA"D ENCLOSURE
51A
1:749
ADD RIGHT SIDE PANEL
54
IlU(l3-A
ONE lAY 3 PANEL ENCLOSURE
54A 1:750
lEFT SIDE PANEL
541 1:127
ADD ONE FOOT SUPPORT
54C 1 1:125
I
S8A I 1:749
I
78 I 1l11>03-F
I
81 I 81248
I
182A I KI27
I I
VERTICAL HOU"TING RAILS
ADD RIGHT SIDE PANEL
45 DEGREE ENCLOSURE
IlLANI: 1/2 PANEL
FOOT SUPPORT
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TDTAL OUMBITY
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8
16
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12
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51
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21
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UN I T $ EXTENDED $1
N/C
N/C
N/C
91.80
556.75.
195.50
N/C
195.50
195.50
391. 00
195.50
974.95
96.90
1170.00
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56.10 280.51j1
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28.90 28.9ljl
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_~____~_____________________c:)____________________________~___________________________
CUSTOMER I CITY OF SA~ ~ERNADINO
SYSTEM
(O~SOLE SUMMARY SHEET
ENGINEER I WARREN WOERNER
12/16/88
ITEM: MO~~L NUM~ER I DES(RIPTIO~
--------~--------------------------------------------
84F K385
102 91422
102/\ 1:380
102[4 1:121BP
,106A. t:I~9
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: 106CI 1:101
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1109 : ~1426
1111 81HI
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: 115 91460-C
'115A: 1'9(1IA:;
115B: t;80IAF'
115C: U07AFSf'
1150: K762-1;
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115E: KI53
IXl15: TON 6885
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117 I D8T35004
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117AI 07D84018FOI
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118 I DBT350010201
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1
PRIMARY SUPERVISOR
, BASE INTERFACE MODULE
CARRIER OPERATED RELAV INPUT
IE LEADI
M~IN/STANDBV RELAV 14 WIREI
DC CONTROL
12.5 MA DC KEYING
COMPARATOR I~TERFACE
MODULE
PHONE PATCH INTERFPCE MODULE
(ENTR~L ELECTRONICS 8~NK
DELETES UNECESS~RY SPARE
80ARDS
OMITS (OMPACT SPARE 80ARDS
TWO 70. ENCLOSED CABINETS
FIRST VEAR EXTENDED
, PERFORMANCE AGREEMENT
50' CABLES TO PUNCH BLOCK
DISPATCHER SWIVEL, TILT. PNEU
MATI a. CHA I R ('.Po ..",)
1
1
:
TRAINING OPERATOR WRITING I
I.SURFACE
I
I MTNG. BRKTS FOR WRITING SURF.
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WRITING SURFACE FOR SUPERVISOR
CONSOLE
-----------------------------:
------------------------l
TOTAL DUANT 1 TV
----~--------------:
1 UN IT $ EXTENDFD $1
I.
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II
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71
1
71
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1
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7
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2
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945 . 00
34.00
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206.55
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6615.00:
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238.00:
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413.101
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297.50:
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2293.30,
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3485.00.
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24032.90.
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-6340.00 -6340.0~
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61
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-848.00
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2147.IQ
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1031.90 1031.90
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148.75
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4260.00.
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514.0q
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220.00
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788.0Q
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.1
N/C
21
11,16.65
4
871.25
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24032.90
-848.00
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2147.10
710.00
514.00
55.00
788.00
.
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.CUSTOMEr! I CITy OF
SAil HAIIAD I NO
SUI1MARY OEl
SYSTEM I COUSDl~
E~&INEER I W~RREU WOE~UER 1~/16/ee :
-----------------------------------------------------t
ITt"1 roOPEl NUI1~E~ 1 DESC~IFTION
-----------------------------------------------------:
1 I I
IlleAI 07DB4~IBFOI 1 HTNG ~~~TS FOR W~ITING SURF. I
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111891 07D840lBF02 ~ "TNG. ~RKTS. FOR WRITING SURF. 1
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119 I D~T3S00030~03 I WRITING SURFACE FOR OP.2 ~ 1
I OP.3 CONSOLE
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119AI 07D84018FOI HT~G.~RKTS
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11981 07D8~018F02 "TNG 8RKTS.
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120 I NYSE-SO "TNG. KIT FOR NYSE SO CRT
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SHAllOW PENCil DRAWER
lETTER TRAY
41
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TOTAL OU:\IHIlY
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UNIT S EXTENDED i
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55.00
45.00
1428.00
55.00
45.00
650.00
109.65
126.65
EOUIf'HENT TOTt.l
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. . . .
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110.00
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119,184.60
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--------..--
6S SALES TAX .7,151.08
TOTALS 126,335.68
BASEO UPON A 5 YEAR LEASE PAYMENT PLAN, PER YOUR REQUEST. ANO USING A CASH
DOWN PAYMENT OF S33, 121.80 & four (4)EQUAL PAYMENTS OF S 33,121.eO WOULO.
BE REQUIREO, BEGINNING ONE YEAR FROM THE OATE OF SHIPMENT OF THE EQUIPMENT,
IF DIFFERENT FINANCING ARRANGEMENTS ARE REQUIREO, WE CAN TAILOR THEM TO
MEET YOUR NEEOS.
i!:.I~
ACCOUNT EXECUTIVE
GOVT MARKETS, STATE & LOCAL, WEST
"
I RECO~~END THAT THREE (3) TO FIVE (5) DAYS OF . INSTALLATION TIME BE PURCHASED.
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