HomeMy WebLinkAbout1988-469
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RESOLUTION NO. 88-469
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
3 IRECTING THE EXECUTION OF AN AGREEMENT WITH PACIFICORP CAPITAL,
INC., FOR THE LEASE-PURCHASE FINANCING OF AUTOMATED REFUSE
4 .RUCKS.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
ereby authorized and directed to execute for and on behalf of
8 said City an Agreement with Pacificorp Capital, Inc., for the
9 lease-purchase financing of three automated refuse trucks, as
10 authorized by Resolution 88-272. A copy of said Agreement is
11 attached hereto as Exhibit "An and incorporated herein by
12 reference as though fully set forth at length.
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SECTION 2. This Agreement shall not take effect until
14 fully signed and executed by both parties. The City shall not be
15 obligated hereunder unless and until the Agreement is fully
16 executed and no oral agreement relating thereto shall be implied
17 or authorized.
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I HEREBY CERTIFY that the foregoing resolution was duly
19 adopted by the Mayor and Common Council of the City of San
20 Bernardino at a
21 of
reqular
meeting held on the
Sth
day
December
, 1988, by the following vote, to wit:
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AYES: Counc i 1 Membe r s Estrada, _EaU~~'I-J'.l.or.e.s..#_Mi~___
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NAYS:
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AB SENT: _. _ _ _ _ _ _CounciL Memb.e.r.s-.Ma.u.ds le1Z-r_.E.op.e..-,:-Lu.dlam...._-
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"'city Clerk
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11/22/88
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R~SOLUtION OF THE CITY AUTHORIZI!)lG AND DIRECTING THE: EXE~UTION
OF AN AGREEMENT WITH PACIFICORP CAPITAL, INC. FOR THE
LEASE-PURCHASE FINANCING OF AUTOMATED REFUSE TRUCKS.
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The foregoing resolution is hereby approved this rc-~ day
3 of _ ____-P~cember
, 1988.
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City of San Bernar~in~
8 Approved as to form
9 and legal content:
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Y Attorney
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DCR:rnw
11/22/88
CITY OF SAN BERNARDINO
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MEMORANDUM
To Sauna Clark, City Clerk
From Dean R. Meech,
Purchasing Agent
Date
January 11, 1989
Su~ect Lease Purchase for Bid F-88-15
Approved
Date
Attached is the Customer Copy of Pacificorp Capital Inc. signed documents
concerning Lease Purchase Agreement #1112 for bid F=88=15 automated side
loading refuse vehicles.
1. Purchasi ng wi 11 forward Acceptance Certi fi cate to Fi nancer upon
acceptance by the Fleet Manager and receipt of same.
2. Opinion of Council and proof of insurance are required before you have a
complete documented transaction for City records.
3. When these occur, to complete your records, purchasing would wish to have
a copy also.
Any assistance I can offer is at your disposal. Any effort you can exercise to
effect a complete closed transaction would be appreciated.
eN~
-.PACIFICORP
~'Ca{Jjtal, Inc.
A HlcifiCorp Financial Services Company
Public Finance Division
January 9, 1989
Mr. Dean Meech
Purchasing Department
city of San Bernardino
250 W. Cluster st.
San Bernardino, CA 92408
RE: Schedule 2 to Lease-Purchase Agreement dated as of
February 6, 1986 between PacifiCorp Capital, Inc. and
the City of San Bernardino, Contract No. 1112.
Dear Mr. Meech:
Enclosed please find the "CUSTOMER COPY" to the above
referenced Agreement.
Also, as a reminder, the following documentation is
needed to consummate this transaction: Acceptance
Certificate, Opinion of Counsel and Proof of Insurance.
Please call if you have any questions.
SinCerelYI\~_~
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Karen Hoggatt
Finance Administrator
Home Office: 1801 Robert Fulton Drive, Third Floor, Reston, Virginia 22091-4347 (703) 648-0500 Fax (703) 476-5767
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MUNICIPAL LEASING CORPORATION AGREEMENT
Dated as of: February 6, 1986
Agreement No.
86-11l2M
CONTRACT PARTIES
MUNICIPAL LEASING CORPORATION DBA
MUNICIPA~ FINANCE CORPORATION IN CALIFORNIA
8260 Greensboro Drive, Suite 225
McLean, Virginia 22102
A Virginia corporation,
hereinafter referred to
as wMLCw..
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
wMunicipalityw.
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 may 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 Equipment, and rights under the related Insura~ce.
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 Equipment 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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EXHIBIT "A"
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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 provided
herein, at the expiration of the number of periods "indicated on such
Schedule.
IV. PAYMENT
4.1 AMOUNT AND TIMES OF PAYMENT. The total purchase price indicated in the
Schedule(s) will be 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 late charge at the rate indicated in the appropriate
Schedule (or at the highest rate allowed by law, if less).
4.3 ABATEMENT OF PAYMENTS. There will be no abatement or reduction of
payments by the Municipality for any reason. It is the intention of the
parties that the payments be made in all events, unless the obligations to
pay such amounts are terminated as provided herein.
V. RESPONSIBILITIES OF MUNICIPALITY
5.1 CARE AND USE OF EQUIPMENT. Municipality, at its own expense, will obtain
remedial and preventive maintenance during the term of this Agreement to
keep the Equipment in good operating condition and appearance.
The Municipality agrees to use and provide maintenance for the Equipment
only in manner and to standards contemplated by the Equipment
manufacturer. Selection of the firm to provide maintenance coverage will
be subject to approval by MLC, which approval will not be unreasonably
withheld. Municipality agrees not to relocate the Equipment without the
prior written permission of MLC.
5.2 INSPECTION. With reasonable prior notice, Municipality will allow MLC to
enter the premises where the Equipment is located during normal business
hours to inspect the Equipment in order to determine whether Municipality
is fulfilling its responsibilities.
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5.3 INDEMNITY. Municipality hereby agrees to indemnify and save MLC harmless
from all liability, claims, loss, damage or expenses of any kind, made or
suffered by any party, during or after the term of this Agreement caused
directly or indirectly by the ,inadequacy of the Equipment, any
interruption or loss of service, any loss of business or other damage
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 damages. Indemnifications
shall include costs and expenses, including reasonable attorneys' fees
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 MLC.
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5.4 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 MLC's gross
revenues related to this transaction), registration fees, license fees,
documentary stamp taxes, personal property and ad valorem taxes and all
other taxes, licenses and charges imposed on the ownerShip, possession 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.
5.5 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.
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5.6 DELIVERY OF RELATED DOCUMENTS. Municipality will sign or provide as
required the following documents satisfactory to MLC:
a) An Agreement Certification confirming Municipality's Acceptance of the
E9uipment as of the date installed.
~) 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, will not be
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.
d) Documents evidencing title and delivery.
e) Municipality's maintenance contract on Equipment.
f) Financing statements or other documents perfecting MLC'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.
5.7 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 charges and invoice Municipality or forward to
Municipality transportation and installation 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 will pass to the Municipality on the
Acceptance Date. Title will 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 will 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 made or prepayment is complete Municipality will keep the
Equipment free from any lien, encumbrance or legal process and the
Municipality will promptly discharge any claim which might become a lien
or charge against the Equipment.
6.3 FILING. Municipality authorizes MLC to make MLC's security interest a
matter of public record by filings of any documents MLC 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 change its character to a fixture or realty.
6.5 ALTERATIONS, ADDITIONS, ATTACHMENTS. In the event title to the Equipment
reverts to "LC, and at MLC'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 was
furnished, reasonable wear and tear excepted. Any replacements or repair
parts are Equipment subject to the terms of the Agreement.
6.6 EQUIPMENT RETURN. Municipality is responsible for the return costs
related to the termination of this Agreement pursuant to Article VII or
VIII including deinstallation, rigging, drayage, freight, and insurance to
destination within the continental United States. Municipality will
provide MLC with a current Original Equipment Manufacturer's certificate
of maintainability and arrange and pay for such repairs necessary to
ensure that the manufacturer accepts the Equipment for contract
maintenance 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 associated therewith will be borne by
.1:. Municipality.
VII. DEFAULT AND REMEDIES
7.1 DEFINITION. Any of the following events will constitute default under
this Agreement:
a) Municipality fails to make payment required when due, provided such
failure is not a direct result of an earthquake and does not continue
beyond such time as normal business operations are resumed, and such
failure continues after written notice by MLC for a period of fifteen (15)
days after receipt of such written notice: or
b) Municipality fails to observe or perform any other covenant,
condition, agreement or warranty of the Agreement and such failure
continues for thirty (30) days without cure after MLC provides O~
Municipality written notice of the failure. ,', G i~""~L
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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 against
Municipality under the Federal 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 payments, the costs of taking
possession including storage and repair, court costs and attorney's fees,
sale or lease costs, and the balance due under the Agreement. The
proceeds of such sale or lease of the Equipment shall 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 Fund;
d) Declare immediately due and payable all monies during the 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 for reasonable damages provided by law
including all costs and expenses incurred by MLC due to the default by
Municipality.
VIII. TERMINATION
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8.1 TERMINATION FOR NON-APPROPRIATIONS. Municipality's obligations to pay any
amounts due for those fiscal periods succeeding the 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
KLC 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 Termination Date. All obligations of Municipality to make
payments due after the Termination Date will cease and all interests of
Municipality in the Equipment will terminate. Notwithstanding the
foregoing, Municipality agrees (i) not to terminate 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 similar
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equipment for use by the Municipality, (iv) that if the Contract is terminated
pursuant to this Section 8.1, the Municipality will not in the then current 'or
succeeding fiscal years purchase, lease or rent Equipment performing functions
similar to those performed by the Terminated Equipm~nt, and agrees not to
permit functions similar to those performed through the use of the Equipment
to be performed by its own employees or by any agent or entity affiliated with
or hired by Municipality. Municipality represents and warrants it has
adequate funds to meet its obligations during its current fiscal appropriation
period. Municipality acknowledges that the monies and securities in the
Reserve Fund shall be retained upon any Termination for the benefit of the
Investor or Registered OWners, and any deficiency in the principal amount of
the Reserve Fund shall be restored by Municipality, except, Municipality's
only responsibility shall be for a deficiency (Reserve Fund Deficiency) in the
principal amount resulting from Municipality's failure to timely make payments
prior to the effective date of a non-appropriation of funds pursuant to this
Section 8.1.
8.2 PREPAYMENT. So long as Municipality is not in default, Municipality will have
the right, upon providing MLC with sixty (60) days prior written notice, to
prepay its obligation for the amount set forth in the Prepayment column on the
dates provided in the Schedule(s) plus the amount by which the principal
amount originally deposited in the Reserve Fund exceeds the principal amount
realized from such Fund upon its liquidation. Payment must be received by the
specific date established.
8.3 MUNICIPALITY'S RIGHTS ON PREPAYMENT OR PAYMENT IN FOLL. Upon (i)
Municipality's exercise of its right of prepayment and/or (ii) MuniCipality's
having satisfied all of its monetary and other obligations hereunder, MLC will
release its security interest in the Equipment.
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8.4 DESTRUCTION OF EQUIPMENT. In the event any of the Equipment is destroyed,
stolen or in the reasonable opinion of Municipality, damaged beyond economical
repair, Municipality shall give prompt written notice of such event to MLC and
its assigns. If KLC replaces such Equipment within 60 days of notification
then this Agreement will continue in force. Municipality at this time will
pay MLC for the replacement cost of the Equipment. If at the end of the sixty
day period the Equipment cannot be replaced then the Municipality will
immediately pay to MLC an amount in cash equal to that share of the Prepayment
Amount set forth in the appropriate Schedule(s) which is attributable to such
Equipment. Said amount shall be based on the percentage that the purchase
price of the Equipment bears to the total purchase price of all Equipment
included in such Schedule. There shall be no abatement of periodic payments
through the end of the sixty-day period. In the event there are insurance
proceedS covering this obligation in excess of the amounts due then such
excess shall be retained by Municipality. The Municipality agrees, upon
prepayment under the terms hereof, resulting from the total damage,
destruction, or theft of all the Equipment, to replenish the Reserve Fund as
set forth in Section 8.1 of this Agreement.
IX. ASSIGNMENT BY MLC
9.1 ASSIGNMENT. Municipality understands that MLC contemplates separately
assigning (or reassigning) its right, title and interest in each Schedule, the
Equipment listed thereon, and all rights to receive further payments to
another party (WAssigneeW), subject to the rights of Municipality
hereunder. Municipality consents to such assignments and agrees to send
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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 obligations of MLC.
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 MLC's rights any
claim, any defense, counterclaim, offset or recoupment of any kind,
variety or nature which Municipality may now or hereafter have against MLC
whether accruing under the Agreement or otherwise.
9.2 ADVICE OF ASSIGNMENT. Upon assignment of MLC'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 name of the
Assignee and the address to which further payments hereunder should be
made. No further action will be required by MLC or by Municipality's
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, the Municipality agrees to
affix a copy of each notification of assignment to the Municipality's
counterpart of the Agreement.
x. WARRANTIES AND REPRESENTATIONS
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10.1 WARRANTIES AND REPRESENTATION OP MUNICIPALITY. The Municipality
represents and warrants to MLC and, so long as this Agreement is in effect
or any part of Municipality's obligations to MLC remain unfulfilled, shall
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 has the power and authority to
enter into the Transaction Documents to which it is 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 OF WARRANTIES
11.1 The Municipality acknowledges that the Equipment is of a size, design and
capacity, and manufacture selected by the Municipality. MLC is not a
manufacturer of the Equipment.
11.2 MLC MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR
IMPLIED, RELATING TO THE EQUIPMENT OR PATENTS RELATING THERETO; AND MLC
HAS EXPRESSLY MADE NO WARRANTY AS TO THE VALUE, DESIGN, CONDITION,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE 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 exerc1s1ng 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 HEADINGS. 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 them, 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.
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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
(as evidenced by an authorized signature) by MLC.
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12.9 FORMATION OF AGREEMENT. MLC shall not be bound by this Agreement until it
is excecuted by an officer of MLC.
XIII. SIGNATURES
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the day and year first above written.
MUNICIPAL LEASING CORPORATION DBA
MUNICIPAL FINANCE CORPORATION IN CALIFORNIA CITY OF
BY: O;lt~~.h~.9
BY:
NAME: WllLlhtt oS. ftl{~7'(, Jl(
NAME: Dean
TITLE: f),/(.~{rolt.. of (oN(1f-'kTr
DATE: .~ 1(31 ~t.
TITLE: Purchasinq Aqent
DATE: March' 5. 1986
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RESOLUTION NO. 88-272
RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A
CONTRACT TO HAAKER EQUIPMENT COMPANY FOR THE FURNISHING AND
DELIVERY OF THE AUTOMATED REFUSE TRUCKS (3 EACH), IN ACCORDANCE
WITH SPECIFICATION F-88-15.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7
SECTION 1.
That Haaker Equipment Co. is the lowest and
8 best bidder for the furnishing and delivering of Automated Refuse
9 Trucks (3 each), in accordance with specification F-88-15 for a
10 total amount of $342,129.84 pursuant to this determination, the
11 Purchasing Agent is hereby authorized and directed to issue a
12 purchase order for said Automated Refuse Trucks (3 each) to said
13 lowest and best bidder; such purchase order shall include (1) a
14 term that the City shall have at least 90 days from the date of
15 acceptance of the bid to arrange financing for the equipment;
16 and (2) a term that the purchase order is contingent upon the
17 City obtaining financing that is adequate in the City's sole
18 determination; such award shall only be effective upon the
19 issuance of a purchase order by the Purchasing Agent; and all
20 other bids therefor are hereby rejected.
21 I HEREBY CERTIFY that the foregoing' resolution was duly
22 adopted by the Mayor and Common Council of the City of San
23
Bernardino at a
meeting thereof, held on the
regular
24 18th day of
July
, 1988, by the following vote, to
25
26
27
28
wit:
7-6-88
CRG:cm
1
, '.
Resolution - ,_ ra,. of Cont.ract-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Haaker
u.ent Co.
AYES:
Council Members Estrada, Reilly, Flores, Maudslev.
Minor, Miller
NAYS:
None
ABSENT:
Council Member Pope-Ludlam
~~/~~
/' City Clerk
The foregoing resolution is hereby approved this ~otL day
of
Julv
Approved as to form
and legal content:
7-6-88
CRG:cm
1988.
By: -----d ~ }.a~~:tor
~.h.~LCO{:- Mayor
City of San Bernardino
Pro 'l!m orE
2
.
.
1
RESOLUTION NO. 88-469
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
3 IRECTING THE EXECUTION OF AN AGREEMENT WITH PACIFICORP CAPITAL,
INC., FOR 1:'HE LEASE-PURCHASE FINANCING OF AUTOMATED REFUSE
4 RUCKS.
5
6
7
SECTION 1. The Mayor of the City of San Bernardino is
ereby authorized and directed to execute for and on behalf of
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
F SAN BERNARDINO AS FOLLOWS:
8 said City an Agreement with Pacificorp Capital, Inc., for the
9 lease-purchase financing of three automated refuse trucks, as
10 authorized by Resolution 88-272. A copy of said Agreement is
11 attached hereto as Exhibit "A" and incorporated herein by
12 reference as though fully set forth at length.
13
SECTION 2. This Agreement shall not take effect until
14 fully signed and executed by both parties. The City shall not be
15 obligated hereunder unless and until the Agreement is fully
16 executed and no oral agreement relating thereto shall be implied
17 or authorized.
18
I HEREBY CERTIFY that the foregoing resolution was duly
19 adopted by the Mayor and Common Council of the City of San
20 Bernardino at a
21 of
meeting held on the
5th
day
reqular
, 1988, by the following vote, to wit:
December
22
23
24
25
26
27
28
AYES: Council .Hembers Estrada Reilly, Florp.~, Minor,
Miller
NAYS:
None ___~__.__-____._ _ ___ _ _._____________
ABSENT: ______"C'Ounc..i.L.Me.mherc:: M'::'l1r1c::~ P"pe-T llr11.::.m
/~a:r/:J/.{ld1& __
'Ci ty Clerk
1
DCR:mw
" I')') laa
1
2
3 of
4
5
6
7
RESOLUTION OF T~ CITY AUTHORIZIN.G AND DIRECTING THE' EXECUTION
OF AN AGREEMENT~TH PAC!FICORP CAPITAL, I". FOR THE
LEASE-PURCHASE FINANCING OF AUTOMATED REFU~ TRUCKS.
The foregoing resolution is hereby approved this 9'C-A-- day
December
, 1988.
8 Approved as to form
9 and legal content:
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 /)
.i~
~
Attorney
2
DCR:mw
11/22/88
.
.
EXHIBIT A
MODIFICATION NO. 1
Dated as of July 1, 1988
Agreement 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 Orders 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.
((. -:~'J ((=!)"!' :Cj) "'\]"
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.
.
Modification No. 1
Agreement 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
LeaSj"rf\q roration
//) : } /
By /\-. / ~ an -w
Name // I~ ,~-4-.tI Fol(~
~) , '.,t/. ~) ,()
Tit 1 e 0' ~.}Jo (j c?-I9- /() L.<.rv)-er
Title
/---,',-~ ~n" [pJr~ W
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~\-2'../
.
.
EXHIBIT B
SCHEDULE NO. 2
Dated as of: July 1, 1988
To Agreement No.: 1112
THIS SCHEDULE is issued pursuant to Agreement dated as of February 6, 1986,
between the parties to the Agreement to authorize installation of the
Equipment listed herein. All terms used herein have the meanings ascribed
to them in the Agreement.
A. Payment No. 1 shall be due on June 1, 1989 and subsequent payments
shall be due semi-annually thereafter as set forth hereunder:
Payment Payment Payment Interest Prepayment
Number Date Amount Portion Amount
1 01-JUN-89 41,335.50 12,299.76 319,974.80
2 01-DEC-89 41,335.50 11,255.91 288,638.52
3 01-JUN-90 41,335.50 10,174.53 256,322.97
4 01-DEC-90 41,335.50 9,054.28 222,997.56
5 01-JUN-91 41,335.50 7,893.75 188,630.74
6 01-DEC-91 41,335.50 6,691.50 153,189.95
7 01-JUN-92 41,335.50 5,446.03 116,641.63
8 01-DEC-92 41,335.50 4,155.78 78,951.18
9 01-JUN-93 41,335.50 2,819.15 40,082.91
10 01-DEC-93 41,335.50 1,434.45 90.00
B. LATE PAYMENTS. There will be a charge of 1.5% per month based on the
amount of any late payments.
C. FISCAL YEAR. 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 PCC, Municipality shall bear all
risk of loss or damage to the Equipment until the Equipment is returned to
PCC pursuant to Agreement Article VII or VIII. The Municipality agrees to
hold harmless and indemnify PCC from all liability for damages to the
equipment or personel 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
~-::
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--'
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.
.
H. EQUIPMENT DESCRIPTION. The Equipment as defined in the Agreement
includes the following:
EQUIPMENT LIST
Quantitv Description
Eauipment Cost
Serial Number
3
Model 320, Automated Refuse
Vehicle, Formula 7000
$321,248.68
Subtotal $321,248.68
Sales Tax $20,881.16
Total Financed Amount $342,129.70
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.
PCC shall not be bound by this Agreement until it is executed by an officer
of PCC.
BY:
TITLE:
DATE:
Dean R. Meech
Purchasinq Aqen
December 15. 1988
PACIFICO~J /J f~PI'l7AL,' INC.
BY : I'~ !! ~u~ ~Jt!,
TITLE:
DATE:
CITY OF SAN BERNARDINO
Page 2 of 2
.- ..'
.
.
EXHIBIT D
Agreement No. 1112
NO-ARBITRAGE CERTIFICATE
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 December 4,
1987, Contract No. 1112, Schedule 2 (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 PCC shall lease the Equipment to the
Municipality, and that the Municipality shall pay to PCC 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 PCC or its assigns in the Equipment terminates, or (iii) the
Agreement is otherwise terminated in accordance with its terms, in which
case PCC 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.
- :~-'" r----.~)f
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,
.
.
Agreement No. 1112
No-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.
By Dean R. Meech
Title Purchasing Agent
Dated: December 15, 1988
CITY OF SAN BERNARD
Municipality
((-'_J; /""j '; ~)\\.)'
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C I T Y 0 F SAN B B R N A R DIN 0
INTEROFFICE HEHORANDUM
8812-2602
TO: DEAN MEECH, PURCHASING
FROM: JOHN C. KIRWAN, RI SK MANAGEt.1ENT
SUBJECT: QUESTIONNAIRE ON SELF-INSURANCE
DATE: December 14, 1988
COPIES:
The following is in response to the Questionnaire which you
had Gary hand carry to Risk Management.
1) No.
a) The City purchased real property insurance
through Marsh & McLennan for the full value of
the property.
b) Yes, we are self-insured for the first
$1,000,000 of any loss. We are members of a
Joint Powers Agreement, Big Independent Cities
Excess Pool which provides coverage above our
SIR in the amount of $25,000,000.
2) Real property coverage is for full value with a
$5,000 deductible.
Liability insurance is provided above our
$1,000,000 SIR (self-insured retention.)
3) No.
a) N/A
b) N/A
4) The source of revenue is our General Fund.
a) Yes.
i) Yes, they are subject to annual appropri-
ation.
ii) $1,000,000 is appropriated.
iii) There are no limitations.
iv) Yes, any appropriate avenue is available.
v) The Director of Risk Management has
authority to settle any claim up to $10,000;
the Claims Committee has an additional $10,000;
and the Mayor and Common Council has authori-
.
.
INTEROFFICE MEMORANDUM: 8812-2602
QUESTIONNAIRE ON SELF-INSURANCE
December 14, 1988
Page 2
zation up to the amount of our SIR.
vi) The claimants may have recourse to the
courts.
b) N/A
i) N/A
i i) N/A
iii) N/A
If you need any further information, please do not hesitate
to contact me.
I
[/;:~: ~'. K:~~a~----
Director of Risk Management
JK/sf
=PACIFICORP
~-CafJjtal, Inc.
/\ Hu:i/1Co/'p Financial S'c/'viccs Company
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March 14, 1989
Mr. Dean Meech
Purchasing Department
City of San Bernardino
250 W. Cluster st.
San Bernardino, CA 92408
RE: Schedule 2 to Lease-Purchase Agreement dated as of
February 6, 1986 between PacifiCorp Capital, Inc. and
the City of San Bernardino, Contract No. 1112.
Dear Mr. Meech:
Enclosed please find the revised documents to the above
referenced Agreement, please execute and return both copies
to PacifiCorp Capital, Inc.
Also, as a reminder, the following documentation is
needed to consummate this transaction: Acceptance
Certificate, opinion of Counsel, Proof of Insurance
------Fina-ncin9-&1::a-tement-s.---
Please call if you have any questions.
//
and,~
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101 J/t;~t/
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Sincerely,
JK~
Karen Hoggatt
Finance Administrator
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Home Office: 1801 Robert Fulton Drive, Third Floor, Reston, Virginia 22091-4347 (703) 648-0500 Fax (703) 476-5767
EXHIBIT B
SCHEDULE NO. 2
Dated as of: July 1, 1988
To Agreement No.: 1112
THIS SCHEDULE is issued pursuant to Agreement dated as of February 6, 1986,
between the parties to the Agreement to authorize installation of the
Equipment listed herein. All terms used herein have the meanings ascribed
to them in the Agreement.
A. Payment No. 1 shall be due on June 1, 1989 and subsequent payments
shall be due semi-annually thereafter as set forth hereunder:
Payment Payment Payment Interest Prepayment
Number Date Amount Portion Amount
1 01-JUN-89 41,781.05 5,558.63 321,552.10
2 01-DEC-89 41,781.05 12,616.22 290,221.49
3 01-JUN-90 41,781.05 11,427.73 257,872.64
4 01-DEC-90 41,781.05 10,190.82 224,472.45
5 01-JUN-91 41,781.05 8,903.50 189,986.75
6 01-DEC-91 41,781.05 7,563.72 154,380.27
7 01-JUN-92 41,781.05 6,169.35 117,616.58
8 01-DEC-92 41,781.05 4,718.15 79,658.07
9 01-JUN-93 41,781.05 3,207.82 40,465.91
10 01-DEC-93 41,781.05 1,635.94 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 YEAR. 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 PCC, Municipality shall bear all
risk of loss or damage to the Equipment until the Equipment is returned to
PCC pursuant to Agreement Article VII or VIII. The Municipality agrees to
hold harmless and indemnify PCC from all liability for damages to the
equipment or personel 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
H. EQUIPMENT DESCRIPTION. The Equipment as defined in the Agreement
includes the following:
EQUIPMENT LIST
Ouantitv Description
Eauipment Cost
serial Number
3
Model 320, Automated Refuse
Vehicle, Formula 7000
$326,244.00
Subtotal
Sales Tax
$326,244.00
$19,574.64
Total Financed Amount
$345,818.64
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.
PCC shall not be bound by this Agreement until it is executed by an officer
of PCC.
CITY OF SAN BERNARD~ K~
BY: Dean R. Meech
TITLE: Purchasing Agent
DATE: Ma~rh)5 1989
.
PACIFICORP, CAPITAL, INC.
BY:
TITLE:
DATE:
Page 2 of 2
ORIGINAL
EXHIBIT C
AGREEMENT CERTIFICATION
Dated as of: July 1, 1988
Agreement No. 1112
CONTRACT 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 the Schedule No.2, we hereby confirm the following for
the equipment described thereon:
1. USE: The primary uses and applications of the Equipment are as
follows:
Automated Refuse Pick-up System
2. EQUIPMENT LOCATION: The Equipment is installed at the following
address:
182 South Sierra Way
San Bernardino, CA 92408
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.
as of
ACCEPTANCE: The first item of equipment is delivered and accepted
February 8. 1989 · d h/
~~~: C~~~~~in~_l~_Rq
Signature
NAME: Dean R. Meech
Print
TITLE: Purchasing Agent
ORIGINAL
1.
EXHIBIT B
SCHEDULE NO. 2
Dated as of: July 1, 1988
To Agreement No.: 1112
THIS SCHEDULE is issued pursuant to Agreement dated as of February 6, 1986,
between the parties to the Agreement to authorize installation of the
Equipment listed herein. All terms used herein have the meanings ascribed
to them in the Agreement.
A. Payment No. 1 shall be due on June 1, 1989 and subsequent payments
shall be due semi-annually thereafter as set forth hereunder:
Payment Payment Payment Interest Prepayment
Number Date Amount Portion Amount
1 01-JUN-89 41,781.05 5,558.63 321,552.10
2 01-DEC-89 41,781.05 12,616.22 290,221.49
3 01-JUN-90 41,781.05 11,427.73 257,872.64
4 01-DEC-90 41,781.05 10,190.82 224,472.45
5 01-JUN-91 41,781.05 8,903.50 189,986.75
6 01-DEC-91 41,781.05 7,563.72 154,380.27
7 01-JUN-92 41,781.05 6,169.35 117,616.58
8 01-DEC-92 41,781.05 4,718.15 79,658.07
9 01-JUN-93 41,781.05 3,207.82 40,465.91
10 01-DEC-93 41,781.05 1,635.94 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 YEAR. 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 PCC, Municipality shall bear all
risk of loss or damage to the Equipment until the Equipment is returned to
PCC pursuant to Agreement Article VII or VIII. The Municipality agrees to
hold harmless and indemnify PCC from all liability for damages to the
equipment or personel 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
. :.)::,-rOiv1ER COpy
~
H. EQUIPMENT DESCRIPTION. The Equipment as defined in the Agreement
includes the following:
EQUIPMENT LIST
Quantitv Description
Eauipment Cost
Serial Number
3
Model 320, Automated Refuse
Vehicle, Formula 7000
$326,244.00
Subtotal
Sales Tax
$326,244.00
$19,574.64
Total Financed Amount
$345,818.64
THE TERMS GOVERNING THIS SCHEDULE ARE CONTAINED IN THE AGREEMENT REFERENCED
ABOVE AND APPLY WITH THE SAME FORCE AND EFFECT AS IF SET FORTH FULLY
HEREIN. THIS SCHEDULE IS SEPARATELY ASSIGNABLE.
PCC shall not be bound by this Agreement until it is executed by an officer
of PCC.
BY: Dean R. Meech
TITLE: Purchasinq Aqent
DATE: March 15. 1989
PACIFICORP, CAPITAL, INC.
CITY OF SAN
BY:
TITLE:
DATE:
Page 2 of 2
. )
CUSTOMER COpy
'\.
EXHIBIT C
AGREEMENT CERTIFICATION
Dated as of: July 1, 1988
Agreement No. 1112
CONTRACT PARTIES
PacifiCorp Capital, Inc.
1801 Robert Fulton Drive
Third Floor
Reston, virginia 22901-4347
A virginia corporation
herein after referred
to as "PCC"
City of San Bernardino
San Bernardino, California
An Agency or political
subdivision of the state
herein after referred to
to as "Municipality"
In accordance with the Schedule No.2, we hereby confirm the following for
the equipment described thereon:
1. USE: The primary uses and applications of the Equipment are as
follows:
Automated Refuse Pick-up System
2. EQUIPMENT LOCATION: The Equipment is installed at the following
address:
182 South Sierra Way
San Bernardino. CA 92408
3. INSURANCE: We certify that property damage and liability insurance
has been secured in accordance with the Agreement and such coverage will be
maintained in force for the term of the Agreement. PacifiCorp Capital,
Inc. will be designated loss payee until we are notified, in writing, to
substitute a new loss payee. A copy of the policy endorsement will be
provided.
4. MAINTENANCE: We certify that we have contracted for equipment
maintenance service and will keep such coverage in force for the term of
the Agreement. A copy of the maintenance contract will be provided.
5.
as of
ACCEPTANCE: The first item of equipment is delivered and accepted
FOR: Cit~${rn A'ino
BY: (...L- ~ 3-15-89
Signature
NAME: Dean R. Meech
Print
TITLE: Purchasing Agent
CUSTOMER COpy
t 1.../ I I'.' I I. '. ,_ -....' I II.' '_ I ,
VEr~OOR'S COpy
-. 'I I '-J I J f \. I 'Il I J L I \ I 'Il i", I \. L.I I I ~.
OfllC [01 Illl /'llH( ,I.\SING ACI NT
1'i1l W. (1115111(5111[[1:
SAN 1I11IN'\I(DINO, CAlli OIlN'A lJl-l1ll
. .'. '0 i l hE i1 I 'J u.
~~a~nf~'* PAGE 1
. 08/03/88
HAAKER EOUIPMENT CO
36.05 POMONA 'i.H~VIB
.J' llllQF fl8nPUESS
,.. pO 0 N A, C A '11 (6:-j
~?14 689-2706S~W HAAKER
D^' E OF OllDEIl
r"~'l1~ EfAYMENT DISCOUN T
l'lH'l4To
IlU'tNO - 7
-l L.1I11
liP
P.B. WDRKS/GAHAG~
1 8 2 S S I ERR A J~ A Y
SAN BERNARDINO, CA 92408
(l'Ufi1~III~p,'~~~rVI CES/REFUSE
DELIVER TO:
VENDORS PAYMENT AODIlESS
EOUIP NO
I HAZ Mfa 8 0 1 5 I w ~ NO
CITY
SIME
lIP
DESCntf'T10N OF M1IICI ES all SErlVICES rlEOllllI[O
QU^NTITY
lINIT
UNIT pnlCE
EXl ENSION
I
I
I
I
I
I
I
322,164100
I
I
F-88-15
FY 88/89
-~------~-----------------------------
VENDOR - HAAKER EQUIPMENT COMPANY
SHALL FURNISH AND DELIVER THREE AUTO-
MATED REFUSE VEHICLES IN ACCORDANCE
WITH BID SPECIFICATION F-88-15 DATED
5-11-88
THREE (3) EACH AUTOMATED REFUSE TRUCKS
PER BID SPECIFICATION F-88-16
1 LT 3,2764.00
VENDOR SHALL ALSO PROVIDE A 90 DAY
p~ OD FROM 7-18-88 FOR THE CITY TO
ARHANGE FINANCING OF EQUIPMENT
THIS PURCHASE IS CONTINGENT UPON THE
CITY OBTAINING FINANCING THAT IS
ADEQUATE IN THE CITY'S SOLE DETERMINA-
TION
APPROVED BY MAYOR AND COMMON COUNCIL
7-18-88
cqNTINUED
810
ORDINATE DELIVERY WITH: BOB TORB I TT 384 - 52 20
LIVERY REQUIRED BY
i
:OUNTlNG
CODE:
lJMUIt^NCE
AMOUNT:
BUYER TO CONTACT REGARDING
THIS pune'-IASE
DEAN NEECtl
THIS PURCHASE IS AUTHORIZED AND APPROVED
DEAN R. MEECH
1'1 "ICIIA5IN( I AO[ N r
IMPORTANT: INVOICES MUST BE FORWARDED TO THE FINANCE DEPARTMENT, 300 N. "0" Street. San Bernardino, CA 92418 Immediately upon
delivery 0' articles or performance or services ordered hereon unless olhervllse indicalcd Invoices mllsl show on Iheir lace Ihe NUMBER OF THIS
OnOER, which nppoars in Ihe uppcr liOlll limn) COIner I,creo!. tlIC 1I,"IIP. 01 IlIn dl'l';HIIIICIII 10 which 1110 floods welo hllllishod: Ihnl 1110 slime COVOIS
complc'o or parlia' dolivery or POrlOll Ilnnco ns IlIll caso lllny 1>0. "lid 0\11 HH" II or p' olllpl p;Iylllelll (',sCUIIIII
r-
.REIGHT CHARGES, IF ALLOWED MUST BE pnEPAID AND ITEMIZED ON INVOICE. All PURCHASES
F.G.B. DELIVERY ADDFlESS UNLESS OTtlEFlWISE SPECIFIED ON PUnCIfASE OUDEn. ALL All IICLES OR
SERVICES FURNISHED PUllSUA~;r TO 1 ~ liS PlJnc~ lASE onOEn SHALL COMPLY Willi ALL CAL-OSHA
STANDARDS AND REGULATIONS AND ALL APPLICABLE GOVERNMENTAL LAWS AND ORDERS.
All PURCHASES ARE SUBJECT TO THE CONDITIONS PRINTED ON THE REVERSE SIDE OF THtS SHEET
~IJI Il..J 11\.....11_ l)1 lUll.
VENDOR'S COpy
,
, .
, '. I ,_~ I J I \ I "'4 I) L I \ I "'4 1\ 1\ IJ II ,.,
OFf IC. r 01 1111 1'lI1t U I.\SING AGI N J
l'iOW.(rlJSIIHS'IIUn .
SAN IIlHN'\HI>INO, CAlli ORNIA 91-110
. ""()il'i)'Ei~ I'J O.
~,~~~ rl1 ~~ * . PAGE 2
. 08/03/88
DELIVER TO:
'. D^I E OF onDEn
11'114'1 ~ '0 0 7 I"f,\ l'lf;/ {^ YMENT DISCOUNt
. HUH RB71lARAB
182 S SIERRA WAY
SAN BERNARDINO, CA 92408
HAAKER EQUIPMENT CO
36ri6 POMONA l~fB
pL JNA, CAOR~frtlt~ESS
':Y14 589-Z706s~W HAAKER
I \b'Y'~'4'fO
ZIP
rfJtJiltlll~P'~g~~1 CES IREFUSE
VENDORS PAYMENT ADonESS
EOUIP NO
HAl. M~"88 0 15
WO NO
CHY
SrAlE
ZIP
DESCRIPTION OF AnTlCLES on SEnVICES flEulllllED
QUAN1ITY
UNIT
UNIT pnlCE
EXTENSION
I
lESOLUTION NUMBER 88-212
._-----------------------~------------
ATTENTION VENDOR.
ro EFFECT PAYMENT. ------ ~ COpy OF
JELIVERY COMPLETION MUST BE PROVIDEU
ro PURCHASING REFERENCING BID NUMBER,
)URCHASE ORDER NO., INVOICE NO., COM-
'LETED ORDER DELIVERY DATE.
~RICE/TERMS PER BILL HAAKER '
************************************************
-412-6-6782-00000-0000
$322,764.00
SUB l( TAL ~*****
TOTAL TAX ~*****
TOTAL FREICHT **
TOTAL AMOUtT ***
! 322,764 00
$19,365 84
$0 00
I 342,lZ9 84
ERAL LEDGER ACCOUNT NUMBER
810
)RDINATE DELIVERY WITH: BOB TOR BIT T 384 - 52 20
IVERY REQUIRED BY
IUNTlNG
CODE:
MOIlANCE
AMOUNT.
I BUYER TO CONTACT REGARDING
Tt liS punCHASE
I DEAN MEECH
I
D rAvU~:H~~ ~ e~THORIZED AND APPROVED
1'llIICII^~;INl1 ^C.[ N 1
IMPORTANT: INVOICES MUST BE FORWARDED TO THE FINANCE DEPARTMENT. 300 N. "D" Street, San Bernardino. CA 92418 immedialely upon
delivery of articles or pedormnnce of services ordc, ed hereon unless olhe. WIS'~ illcJlClllpc1 Invoices Illusl show on Iheir lllce Ihe NUMBER OF THIS'
OnOER. which nppcm 5 In Iht! IIflfll!l 110"1 Ilalld COli ll~' hell~lll. Ihl' 1I;11111' 01 11 II' (It 'p;\l11I ","l III which Ihp. \111011:1 Will II II II lli5hull; ""ll Iho salllo COVOfS
complele or parlial delivery or petlollll'" ICU ns Ihe casu Illlly be. and il1l1Ul1I11 01 1'1 UII'!,' pi'~1I ","l IhscUlIlII ",
rlEIGHT CHARGES. IF ALlOWEO MUST OF. pnF.PAln ANn ITEtdllFlJ ON INVOICE. Al.L PURCHASES
F.O.B. DELlVEnv AoonESS UNl.ESS ort IEIlWISE SPECIfiED ON PlJIlCII^SE OlllJEIL AI I AI' IICI.ES on
SERVICES FUHNISHElJ PUHSUANj:j 10 II liS PLJllCllASE UHUlH SIIALl. COMPLY Willi ALL CAL-OSHA
STANDARDS AND REGULATIONS AND ALL APPLICABLE GOVEr1NMENT^L LAWS AND onDERS.
All PURCHASES ARE SUBJECT TO THE CONDITIONS PIlIfH ED ON HIE nEVEnSE SIDE OF 1111S SHEET
,"
'.1.
\
:~~~> ~1~E~~~~~~~~~~G-W17~
.! :':" .' SAN BERNARDINO, CA~ 92411 j'I'~'" !.
I '. I l . ~.
: \ 6 '. ~. . ~
I v~~~.i'~o' "'I AE~;~041; I
" 1-"'-'\
FINANCE
.; DE~A~T~.~NT ~~p~,\~
~ :~. . \' I . t., . ~" :;:'
, .' .'~
I
.
TO
HAAKER EOUIPMENT CO
VENDOR"
J .350~ POMONA BLVD
~ ORDER ADDRESS
POMONA, CA 91768
CITY STATE
714.~8972706 ED HAAKER
ZIP
P. B. WORKS/QARAQE....; :;.,l',i'.. ~~~~bbf:~~' '~Ir:. '..;.t :..t
DELIVER TO: . "'~~';l'~,~Q1/i.~~.\...t~Z.:,
182 S SIERRA WAY ".' ,~. ..:~..\-i' V,:!."';': :..:
~ 1 ~ ".~~~~. ~;,."" :..;1
BAN BERNARDINO, CA 92.40~trt""~J~-:"'~, ,,:,.~j" '~.'
.' .
OROF.J1ING nEPARTMENT ;: ,f'~'i.i".t,:'J~'\"~1'.~r ~"ll.. ~J I....
PUBL I C 6ERV ICES/REFUSE, ' .' \.', 1~'~"~;((,4~1~~:,l(~. ~J;!~ "~:
EQUIP. NO. HAZ. MA Tl. W. O. NO. . ;.', ..... \' '}~l'..'.' '~~.~'.i":-. ';~.' ~F'd~~'.f.~" .........~l.,.
. ' , ) '. .. ,II.' :J ..:. .' ~J::li' A.."" "'..,f . c' f"
-\...~d:~ ..' '" ."&;""\T~~if~~~~ .~!
.' " 1.1 \".~;,\"'tHol.~,\4>', " 1'; \.. 'f:"~
QUANTITY 'UNIT. UNIT ~~ICE'" '~ri EXTE~SIO~:_~~~?,(
~.J ..' -a;' ...~~.. ;.,'~. ..~ -W-l":)
t'~'~ :'f~t~~~ "'.'f'l~t""';:'f~ '~~'."i'
· :-..,:"..: ..~~~~ .~ :,:~<~~ l~~~ ~{yr:~t.;~
; I ~ I''i'q:it~ .C""~~ j'~];~ ;..r~~...:\:ti ~V '<lJ
. ..: "~;I :"+.-1 Hl,;I';' :. t~ i~r ~~., , ~ i.V !f. ~
..." :.,oj. ,. 1./(-4...; ". ''':'..~
::3 EA ' 535..,pO 1\ ..1,~:.6Q~~()O<'
I ' . ','J"~' .:~\ \' ";:'.if:I",:':",' r!I/':o.~.t
. .,"\.,\f., ." .'.,...r. .f .I,..,' ,"K~.-"',:,,'
'. ....."'........~~. .~. "J:..~.." .....,;.'j,. .~';j'ft.;.
. .. ~'.:: :~.y',\.f~..\~':f. ,',,}\.~ <:;'
~ h...:~:!@.,.,~c.~. "~>"!:~ ~ J
. . .....\T:f : ..;;,\:~t:.~. .;: <,:::' ~.~., (}\:
. ':', ~ l..... \,~: ....t, '/'. /' ~""Pf.
. ,f\ "'..ill ,. ""..-..} 1." "''':.I.' ~."''' :"" I
. ." .,'~ 'f<1.t (\ ;01'1;'.... .........t 'f~r!l:'
'\':.":':~I;~' \ .!.~i~\;:/~y. >.l~'lt t<~;;
. .'....I~..1.L.. " ~). I
.' " _._;.~f.. ~i:~r~;";h."':' Il,,;..~~t/
OJ.; :.~A~~~ ';~i<~~{;,;-~~,;'FW t~l~:~l:::;
.... .......... ..t'4rl..... '!"-f:......'" ..#<..."1'....
. . : .'. ~ . .'1...~)~~. :":.'.': ~:. i t~(,.. .~.
..' :'-;' .. J ',,-<i"r '.\; ;.:... t .~..:. .
.' l'-~1:~::+.::~;~):~.. ~>')' f ~;:; ,/~ '.
.~r: ~,_S:,t. J"iF!t..\~, 'i.:(.J'H;!','
,. '. ..~. Ji"~. ~:;,.,~lt!.. ~J' ........:.1 ;~~. <~~;.
J , '" . t:~::) ~~:~~; ;::,' >. ~J~<(;
. ~:J.,'.; ~!",: 1,:\ \ .t;I:i ~~'~~".
. .(;..~ ;1:!4~~.rt.~: I.'.t....':":'~.
"\":"~~''1.r''''h,I.,..;,,; Ii' I:" .
. l.{ ; ,,!,'.' ;. '\,'.,... ..',-'
*****.,.. \;;:..1~. 60~.I.OO :.:
***** ", ~":":1:1t/' .96, 30.
HT **, .\'.: '.;l;~:\t~I;'. ;'.':'. .d~! 00
T ***.' i'~.\.1,70iIL;30.
.; ... ..)t...:."j',"t, If""~ .,',
. ,; '1 ~~;('::I~~ I:tl~'\,
J . . ." ;.,'-< I'~~'~:,
, ," I'V
t I ,',I
$1,605.00
SUB T TAL
TOTAL TAX
TOTAL FREI
TOTAL AMOU
,
\ .
VENDOR'S PAYMENT ADDRESS
CITY
SlAlE
ZIP
DESCRIPTION OF ARTICLES OR SERVICES REOUIRED
FY 88/89
-~~~-~~---~--------------~-~~-------~
. . ;0 f . ': -., ( : l "
1
INCREASE 3 AUTOMATED SIDE-LOADINQ
REFUSE TRUCKS ORDERED ON REOUISITION
* 412007, FROM 33 CUBIC YARDS TO 36
CUBIC YARDS, CHANGE FROM STD TAIL QATE
TO BEZEL TYPE TO ENCREASE CAP BY 3
CUBIC YARDS
***************************************************
GENERAL LEDGER ACCOUNT NUMBER
127-412-5-5782-00000-0000
ACCOUNTING
CODE:
ENCUMBRANCE
AMOUNT:
PAYMENT DATE
BUYER TO '7j)NTA0 RES3ARDING
tHIS Py~qfb\SE (.. .".,t.../'" ;
Lovb CORLEY L'"
THIS PURCHASE IS AUTH
DEAN R. MEECH
NET AMT. :.,t.(,
'. .,.:..: :,;. I! '.
, ....'.!.J (;,~
. : ...-:"t. p'
).;. .-,.,.. I'f'~
: " ~~.
." :t":4, ;.~?~..
. I ~ ". ~l"' f~~,'.'..'.
.1 ~ (.J' I !.t;-... .
. ~ . . :'";~"'~"" ~
, "";~. 10 .
.~: ;" : . ~.
'. t~:
I
I
CC 810
COORDINATE DELIVERY WITH: BOB TORBITT 384-5220
DELIVERY REQUIRED BY 10/30/88
ACCT. NUMBER
EQUIPT. "
W. O. #I INVOICE #I
AUDITED BY:
.--
. ..~.
. ....~
"~~,
','1. "
T.
~ . r
.
...
"
PROCESSED STAMP
~';~~':; i~ ~t'. .
....
---- -- - --.. - -- -- -- - --- -- -- - - -- -- --- -.. .-- - --- - - --- - ----
-- - - - - - ~--"'-----
TO · HAAKER EQUIPMENT CO
/ VENDOR
L (H505 POMONA Bl.VD
'-'-- ORDER ADDRESS
PO t'l 0 N A, C A 9 1 7 6 8
CITY STATE
714 589-2706 E.D HAAKER
I vENlJaA 1V0.
017470
I AEO. NO.
412007
PURCHASE N "':'(~1;~i?l;~03Z17)~.~::
ORDER O..VI"..~~~n:;,";'A.;'.!t...~::\~~"...t./r. '
. . ':~~~~r"~' " . .~.l~, f?t~1
P'Ci~w;. ~\".: P A G El~ I~.: ~i...~',~~<., ~
" .'" ~!'1 0/to/8a '~~if!'J\" .1
DATE OF ORDER :.',
PROMPT PAYMENT DISCOUNT ;:: ~'l~:.:
NONE111':~ : ,;'.'.\,:;.:.1 :t"~~;,,
FINANCE
~EPAA;rM~NT COpy
CITY OF SAN BERNARDINO
OffiCE OF THE PURCHASING AGENT
250 W. CLUSTffi STREET
SAN DERNAR~INO, CALIFORNIA 92418 .
"
DELIVER TO:
P.B" WORKS/GARAeE .:....I.fJ;:1:. ',:' '/'':':~'}'~
18'" S S I ERR A l"A Y .'.. ;'.'" .'
c.. .... \',.; . . -,;. '1
.' ,'~' , . .1 t.;:,
SAN BERNARDINO, CA 9Z408 "'.';',;".'
ZIP
ORDERING DEPART MENT
I ',,:, '\' :~': .:~;i:\,!'f'
VENDOR'S PAYMENT ADDRESS
PUBLIC SERVICES/REFUSE
EQUIP. NO, HAZ. MA TL. W. O. NO.
F88015
. \ . . .\.. . · i .
. :;~., , I ~~" ;~+~ ~ '!
CITY
STME
ZIP
DESCRIPTION OF ARTICLES OR SERVICES REQUIRED
QUANTITY UNIT
UNIT PRICE'
EXTENSION
f127~412-5-578Z-00000-0000
$32:4,639.00
..
SUB T IT AL ****.*:~.
TOT AL TAX * **** ,..~.
TO'fAL FREI HT **
TOTAL AMOU.T ***' i
. .,',' I ..
**** U*l\rN' ~~!*H**N'~'
u** U~?~..~C'~****~*I~.~'~'
. "I' 2' .. . " . , ' ' .
. I , ",
. - I
. I
1 L T 3"Z7~~ f~~O l~'~:~:-'}~1411.,9:\~
, . 1'1'\ _~'.J' '.1 \' . r,"
'. .'j .;~~,I ,.,~ ~_ ..
"',:.:;hS: ;:~';~':". I:'"
1 915 .p,.O::U .9~5r 00
. I
I .
:!,. ", :: II .
' ,', I
I
I
r. I
':i : .. 'I. ., .
3Z4 ,6391.00.
t ~.~.,~6ell. 84
,,' to.OO
3~~, O~41.:~I~.'
. . . .', I. . ,.,
.,,'; .:.' ( I j::,
;, ./:1 (
.. ~ I
1 L.T
~**************************************************~******
Changed Purchase Order - Revision Number 1
f************************************~************~ ******
CHANGE NOTICE #1 PER DEAN MEECH
FY 88/89'
! 1
ORIGINAL BALANCE OF THIS PURCHASE
ORDER WAS $322,764.00 FOR 3 EACH
AUTOMATED REFUSE TRUCKS
t?
INCREASE THIS PURCHASE ORDER BY
FOR ADDITION OF THREE AIR CONDITIONING
II T8
J.
. I.
~~*****.***************************************..**~
ACCT. NUMBER
EQUIPT. #
W.O.#
GENERAL LEDGER ACCOUNT NUMBER
r:-c 810
COORDINATE DELIVERY WITH: BOB TORB 1 TT 384 - 5220
DELIVERY REQUIRED BY
ACCOUNTING
CODE:
ENCUMBIlANCE
AMOUNT:
PAYMENT DATE
BUYER TO CONTACT REGARDING .
THIS PURCHASE
THIS PURCHASE IS AUT
DEAN R. NEFrH
AUDITED BY:
. I
. "'~
. 110,.
PROCESSED STAMP
'.
.
HAAKER EQUIPMENT COMPANY
JB: A CALIFORNIA CORPORATION
SINCE 1972
3505 POMONA BLVD.
POMONA, CA 91768
(714) 598-2706
.
.fED 29 'lZ3
~~~(Q)~(C~
p-3:)e 1
:r N V 0 ICE
INV
lC10
[lATE
22-PEB-89
BOLD TO:
CITY OF SAN BERNARDINO
FINANCE DEPARTMENT
200 Nn · fill STRFET
BAN BERNARDINO~ CA 92418
c; HIP P EDT 0 :
CITY OF SAN BERNARDINO
PUBLIC WORKS GARAGE
182 S. SIERRA WAY
SAN BERNARDINO, CA
ORB
~3 2.9 G
CUSTt eUST PO
176 903277
ORDER DATE
22-FEB-89
MODF.L
7000
SERIAL
HElL
ETER
NUMBER
SHIPPJ-;lI FROM
POMONA
SHIPPED VIA
OIJR DRIVER
F.U.B. POINT
POMDNA
TERNS:
NET :30 DAYS
GTY PART NUMBER
DESCRIPTION
PRICE
TENSION
1
NO. 3 OF 3
HElL FORMULA 7000 SERIAL NO. 7F057U AUTOMATED
SIDE LOADER MOUNTED ON A PETERBILT 320 CAB AND
i CHASSIS. VIN lXPZL59X3KD703954
$108,748.00
_ .' ~ ~\11; r1 rf\\ A D [I PER YOU R P. o. 0092 1 7 - C H A N G E
fIT) ~ @@lU.\' l'J ~ FRO M 33 cu. Y 11. IO 36 cu. YD.
\.1tl 7 '\n89 ADD PER YOUR P.. o. 903277 - INCREASE
~ fEe 2 \~ - . PR ICE FOR AIR COND IT ION ING
r=\Nlt~.\NCt:!'~;.t:)'i:F~\NO PLUS TAX AT r2' /.
('\TY Of Sf~N BStii'~ -\. :.... ~_ // ...J.1, -1 / ~
~ RECE IVRD BY: _ ~V~~
$ 535..00
$ 625.00
$ G,j24.88
D ATE: __, ._3.::: _ ( ~ :::- _ _~ _ ._ _ _ _ _ _ __. _ __ __
T H A N ~( Y (I U F Ii R Y U URn R [I E n
WE APPRECIATE YOUR BUSINESS!!!
IN CONSIDERATION OF CUSTOMER'S ACCEPTANCE OF THE ABOVE DESCRIBED PROD-
UCTS. CUSTOMER AGREES TO THE TERMS AND CONDITIONS CONTAINED ON THE
REVERSE SIDE OF THIS INVOICE.
ITEM1ZED SUBTOTAL: $
SALES TAX $
INVU ICB TOTAL '$
l08!f748.00
(j,~24.B8
11~~2'72.B8
."
7~*tut
. HAAKER EQUIPMENT COMPANY
. . A C A L I FOR N I A COR P 0 RAT I 0 fEB 29 1989
. SINCE 1972
3505 POMONA BLVD. ..
POMONA, CA 91768
(714) 598-2706
~~%7(Q)~(C~
p::~~)€~ 1
INV
lC21689
I N V 0 ICE
~:) () L [I T () :
CITY OF SAN BERNARDINO
fINANCE DEPARTMENT
~jO() N. II n II STREET
SAN BERNARDINO~ CA 92418
SHIPPED TO:
CITY OF SAN BERNARDINO
PUBLIC WORKS GARAGE
182 S. SIERRA WAY
SAN BERNARDINO, CA
,ORD
ClISTf. CUST PO
1'76 903277
ORDER DATE
16-FEB-89
MODEL
7000
SERIAL
HElL
METER
SH IPPElI :f'ROM
POt10NA
SHIPPED VIA
OUR DRIVER
F..G.B. POINT
POlo/iONA
TERr.1S:
NET 30 DAYS
(~TY PART NUMBER
DESCI<IPTION
::~ OF 3
HElL FORMULA 7000 SERIAL NO. 7F0647'AUTOMATED
SIDE LOADER MOUNTED ON A PETERBILI 320 CAB
AND. CHASSIS VIN lXPZL59X7KDJ03956
ADD PER YOUR P.O. 009217 - CHANGE;
FROM 33 CUn YD TO 36 CU. YD.
ADD PER YOUR P.O. 903277 - INCREASE
PRICE FOR AIR CONDITIONING
PLUS TAX AT 6n
RECEIVED B'[:L"t_f"kMi_.__~____
D ATE: -'2 ~ _! ~ -:: _ ?::{~ _ _ _ _ _ _ _ _ _ _ _ _ ._ _ _'_ _ _ _ _ _.___
TH(~NI< YOU FUp. Y(JUJ.;~ OPDEH
WE APPRECIATE YOUR BUSINESS!!!
IN CONSIDERATION OF CUSTOMER'S ACCEPTANCE OF THE ABOVE DESCRIBED PROD-
UCTS, CUSTOMER AGREES TO THE TERMS AND CONDITIONS CONTAINED ON THE
ITEMI~ED SUBTOTAL:
S(~LES TAX
INVOICE TOTAL
REVERSE SIDE OF THIS INVOICE.
00 . r~ (fU ~..l f11 \"',{7 [fl lID
lr II') r ' : , I r 1
J"U... _.1 \.-. ._1 L \.., 1.'.1
FED 2? 1989
7~ *oee
r- if,! I;....::. '.) ::,.;:' :'.
CITY Of S/.\H ~~~~;)i'.,}.td1:')lr'JO
DATE
IG-PEB-89
DB NUMBEH
XTENSION
$107,588.00
$ 535.00
$ 625.00
$ 6,524.88
$
l08,748.()O
6,524.88
115,272.8B
$
$
. HAAKE.R EQUIPMENT COMPANY
J-B: A C A L I FOR N I A COR P 0 RAT ION
. SINCE 1972
/
3505 POMONA BLVD. . -C~ 138-1.J
POMONA, CA 91768 - ;- n~n\\/70n0~
(714) 598-2706 U U~ W \8JU~l!;;
p.3ge 1
I N V 0 ICE
INV
1C9877
i.!
~:) () L [I TO:
CITY OF SAN BERNARDINO
fINANCE DEPARTMENT
300 NORTH IDI STREET
SAN BERNARDINO, CA. 92418
SHIPPED TO:
CITY OF SAN BERNARDINO
PUBLIC WORKS GARAGE
182 S. SIERRA WAY
SAN BERNARDINO, CA.
01<[1
1'72
SERIAL
HElL
METER
CUSIt CUST PO
176 90327'7
ORDER DATE
02-FEB-89
MODEL
7000
SHIPPED FROM
POMONA
F.O.8. POINT
SAN BERN.
TERMS:
NET 30 DAYS
I
SHIPPED VIA
HEC DRIVER
OTY PART NUMBER
DESCRIPTION
PRICE
:I. EACH
HE IL FORMULA 7000 SER IAL NO.' 7FOG48
AUTOMATED SIDE LOADER MOUNTED ON A
PETERBUILT, VIN 1XPZL59X5KD703955
320 CAB AND CHASSIS. 107,588.00
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ADD PER YOUR P.O. 009217 - CHANGE
FROM 33 CU. YD. TO 36 CU. YD.
535.00
ADD PER YOUR P.O. 903277 - INCREASE
PRICE FOR AIR CONDITIONING.
625.00
PLUS TAX AT G.n
RECE IVED BY: -L~d~:..-----_._.
DA'.fE: _.._~.._~_e~_KL________._____._.____.__
DATE
03-FEB-89
(rEa 1 U iSOB
NUMBEH
$107,588.00
$ 535.00
$ 625.00
$108,748.00
$ 6,524.88
THANK YOU FOR YOUR ORDER - WE APPRECIATE YOUR BUSINESS!
IN CONSIDERATION OF CUSTOMER'S ACCEPTANCE OF THE ABOVE DESCRIBED PROD-
UCTS, CUSTOMER AGREES TO THE TERMS AND CONDITIONS CONTAINED ON THE
REVERSE SIDE OF THIS INVOICE.
ITEMIZED SUBTOTAL: $
SALES TAX $
INVOICE TOTAL $
7~ *oee
108,74B.OO
6,524"B8
115,272.88
BERNARDINO
300 NORTH "0" STREET, SAN BERNARDINO, CALIFORNIA 92418
JAMES F. PENMAN
CITY ATTORNEY
(714) 384-6355
February 24, 1989
PacifiCorp, Capital, Inc.
1801 Robert Fulton Drive
Third Floor
Reston, Virginia 22091-4347
Gentlepersons:
I am counsel to the City of San Bernardino, (the
"Municipality" ), and, in that capaci ty, 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 has been duly authorized, executed and
delivered by Evlyn Wilcox, Mayor of the City of San
Bernardino, and constitutes a valid, legal and binding
agreement, enforceable in accordance with its terms;
(c) No approval, consent or withholding of objection is
required from any other 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
jubject to the Agreement pursuant to any instrument to which
PR'DE'NPRO~~5~Municipality is a party or by which it or its assets may
~ tie bound;
PacifiCorp, Capital, Inc.
February 27, 1989
Page Two
(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
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, will not be includable in Federal
gross income under Statues, 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.
ry truly yours,
~9.P~
MES F. PENMAN
ity Attorney
DR:JFP:mw
:,PACIFICORP
-e-CapjtaJ, Inc.
\ H]('i/lCorp Financial ,">'(,I1'J('(IS Com/Jan.\'
f:.
Public Finance Division
January 9, 1989
Mr. Dean Meech
Purchasing Department
city of San Bernardino
250 W. Cluster st.
San Bernardino, CA 92408
RE: Schedule 2 to Lease-Purchase Agreement dated as of
February 6, 1986 between PacifiCorp Capital, Inc. and
the city of San Bernardino, Contract No. 1112.
Dear Mr. Meech:
Enclosed please find the "CUSTOMER COPY" to the above
referenced Agreement.
Also, as a reminder, the following documentation is
needed to consummate this transaction: Acceptance
Certificate, opinion of Counsel" and Proof of Insurance.
Please call if you have any questions.
~~
Karen Hoggatt
Finance Administrator
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Home Office: 1801 Robert Fulton Drive, Third Floor, Reston, Virginia 22091-4347 (703) 648-0500 Fax (703) 476-5767
CITY OF SAN BERNARDINO
-
MEMORANDUM
To Sauna Clark, City Clerk
From Dean R. Meech,
Purchasing Agent
Date
January 11, 1989
Subject Lease Purchase for Bid F-88-15
Approved
Date
Attached is the Customer Copy of Pacificorp Capital Inc. signed documents
concerning Lease Purchase Agreement #1112 for bid F=88=15 automated side
loading refuse vehicles.
1. Purchasi ng wi 11 forward Acceptance Certi fi cate to Fi nancer upon
acceptance by the Fleet Manager and receipt of same.
2. Opinion of Council and proof of insurance are required before you have a
complete documented transaction for City records.
3. When these occur, to complete your records, purchasing would wish to have
a copy also.
Any assistance I can offer is at your disposal. Any effort you can exercise to
effect a complete closed transaction would be appreciated.
~~eP
Dean R. Meech, Purchaslng Agent
PRIDE /
IN PROGRESS
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1
RESOLUTION !'-}O. 88-469
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
3 IRECTING THE EXECUTION OF AN AGREEMENT WITH PACIFICORP CAPITAL,
INC., FOR THE LEASE-PURCHASE FINANCING OF AUTOMATED REFUSE
4 RUCKS.
5
6
7
SECTION 1. The Mayor of the City of San Bernardino is
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
SAN BERNARDINO AS FOLLOWS:
ereby authorized and directed to execute for and on behalf of
8 said City an Agreement with Pacificorp Capital, Inc., for the
9 lease-purchase financing of three automated refuse trucks, as
10 authorized by Resolution 88-272. A copy of said Agreement is
11 attached hereto as Exhibit "An and incorporated herein by
12 reference as though fully set forth at length.
13
SECTION 2. This Agreement shall not take effect until
14 fully signed and executed by both parties. The City shall not be
15 obligated hereunder unless and until the Agreement is fully
16 executed and no oral agreement relating thereto shall be implied
17 or authorized.
18
I HEREBY CERTIFY that the foregoing resolution was duly
19 adopted by the Mayor and Common Council of the City of San
20 Bernardino at a
21 of
meeting held on the
11th
day
reqular
, 1988, by the following vote, to wit:
December
22
23
24
25
26
27
28
AYES: Council Members Estrada, Rei lly Fl()n~!';, Minor
Miller
NAYS:
None
ABSENT: ______"'C'Ounc.i.L.Memhe.rs M~lH~~l~ Pop",,-T.lln 1 ~m
6 /," ~
,/ ~ ~~:.z2:f,lj;...r.:..f(.;" ___ _ __
'Ci ty Clerk
1
DCR:mw
11/22/88
RESOLUTION OF THE CITY AUTHORIZING AND DIRECTING THL EXECUTION
OF AN AGREEMENT WITH PACIFICORP CAPITAL, INC. FOR THE
LEASE-PURCHASE FINANCING OF AUTOMATED REFUSE TRUCKS.
1
2
The foregoing resolution is hereby approved this r~~ day
3 of
4
5
6
7
December
, 1988.
. Jay'
E LYN ~vI COX, Mayor _.- ----
City of San Bernardin
8 Approved as to form
and legal content:
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
DCR:rnw
11/22/88
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MUNICIPAL LEASING CORPORATION AGREEMENT
Dated as of: February 6, 1986
Agreement No.
86-1112H
CONTRACT PARTIES
MUNICIPAL LEASING CORPORATION DBA
MUNICIPA~ FINANCE CORPORATION IN CALIFORNIA
8260 Greensboro Drive, Suite 225
McLean, Virginia 22102
A Virginia corporation,
hereinafter referred to
as .MLC..
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 may 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 1isteu definitions will apply:
1.1 ACCEPTANCE DATE. Unless otherwise agreed to by the prior written consent of
"LC, 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 Equipment, and rights under the related Insura~ce.
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.
.': 1.5 SCHEDULE. The document signed by the parties which authorizes the
installation of Equipment 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 Schedu1e(s), and all related
documents.
II. PURPOSE
2.1 MLC sells Equipment listed on Schedu1e(s) to Municipality, for consideration
indicated in those Schedule(s).
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8214P
EXHIBIT "A"
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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 provided
herein, at the expiration of the number of periods indicated on such
Schedule.
IV. PAYMENT
4.1 AMOUNT AND TIMES OF PAYMENT. The total purchase price indicated in the
Schedule(s) will be 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 late charge at the rate indicated in the appropriate
Schedule (or at the highest rate allowed by law, if less).
4.3 ABATEMENT OF PAYMENTS. There will be no abatement or reduction of
payments by the Municipality for any reason. It is the intention of the
parties that the payments be made in all events, unless the obligations to
pay such amounts are terminated as provided herein.
v. RESPONSIBILITIES OF MUNICIPALITY
5.1 CARE AND USE OF EQUIPMENT. Municipality, at its own expense, vill obtain
remedial and preventive maintenance during the term of this Agreement to
keep the Equipment in good operating condition and appearance.
The Municipality agrees to use and provide maintenance for the Equipment
only in manner and to standards contemplated by the Equipment
manufacturer. Selection of the firm to provide maintenance coverage will
be subject to approval by MLC, which approval will not be unreasonably
withheld. Municipality agrees not to relocate the Equipment vithout the
prior written permission of HLC.
5.2 INSPECTION. With reasonable prior notice, Municipality will allow MLC to
enter the premises where the Equipment is located during normal business
hours to inspect the Equipment in order to determine whether Municipality
is fulfilling its responsibilities.
. I :
5.3 INDEMNITY. Municipality hereby agrees to indemnify and save MLC harmless
from all liability, claims, loss, damage or expenses of any kind, made or
suffered by any party, during or after the term of this Agreement caused
directly or indirectly by the -inadequacy of the Equipment, any
interruption or loss of service, any loss of business or other damage
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 damages. Indemnifications
shall include costs and expenses, including reasonable attorneys' fees
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 HLC from any liability insurance
secured by MLC.
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5.4 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 KLC'S gross
revenues related to this transaction), registration fees, license fees,
documentary stamp taxes, personal property and ad valorem taxes and all
other taxes, licenses and charges imposed on the ownership, possession 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.
5.5 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.
. t :
5.6 DELIVERY OF RELATED DOCUMENTS. Municipality will sign or prov~de as
required the following documents satiSfactory to MLC:
a) An Agreement Certification confirming Municipality's Acceptance of the
E9uipment as of the date installed.
JO) 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, will not be
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.
d) Documents evidencing title and delivery.
e) Municipality's maintenance contract on Equipment.
f) Pinancing statements or other documents perfecting MLC'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 KLC prior to
Equipment installation.
5.7 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 charges and invoice Municipality or forward to
Municipality transportation and installation invoices as they are
received, whereupon Municipality shall remit payment in a timely manner.
-3-
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82l4F
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VI. EQUIPMENT
6.1 TITLE. Title to the Equipment will pass to the MuniCipality on the
Acceptance Date. Title will revert to HLC 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 will 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 made or prepayment is complete Municipality will keep the
Equipment free from any lien, encumbrance or legal process and the
Municipality will promptly diSCharge any claim which might become a lien
or charge against the Equipment.
6.3 PILING. Municipality authorizes HLC to make HLC's security interest a
matter of public record by filings of any documents MLC 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 change its character to a fixture or realty.
6.5 ALTERATIONS, ADDITIONS, ATTACHMENTS. In the event title to the Equipment
reverts to "LC, and at MLels 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 was
furnished, reasonable wear and tear excepted. Any replacements or repair
parts are Equipment subject to the terms of the Agreement.
6.6 EQUIPMENT RETURN. Municipality is responsible for the return costs
related to the termination of this Agreement pursuant to Article VII or
VIII including deinstallation, rigging, drayage, freight, and insurance to
destination within the continental United States. Municipality viII
provide MLC with a current Original Equipment Manufacturer's certificate
of maintainability and arrange and pay for such repairs necessary to
ensure that the manufacturer accepts the Equipment for contract
maintenance at its then standard rates. In the event Hunicipality fails
to provide such certificate, MLC may but is under no Obligation to obtain
the certificate and any charges associated therewith will be borne by
,f,t. Municipality.
VII. DEFAULT AND REMEDIES
7.1 DEFINITION. Any of the following events will constitute default under
this Agreement:
a) Municipality fails to make payment required when due, provided such
failure is not a direct result of an earthquake and does not continue
beyond such time as normal business operations are resumed, and such
failure continues after written notice by HLC for a period of fifteen (15)
days after receipt of such written notice, or
b) Municipality fails to observe or perform any other covenant,
condition, agreement or warranty of the Agreement and such failure
continues for tho irty (30) days wi thout cure after HLC provides 0 r"" ..,..... "\!At
Municipality written notice of the failure. .. i-
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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 against
Municipality under the Federal Bankruptcy Lawn 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 o~
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 payments, the costs of taking
possession including storage and repair, court costs and attorney's fees,
sale or lease costs, and the balance due under the Agreement. The
proceeds of such sale or lease of the Equipment shall 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 Fund,
d) Declare immediately due and payable all monies during the 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 for reasonable damages provided by law
including all costs and expenses incurred by MLC due to the default by
Municipality.
VIII. TERMINATION
. I ,'.
8.1 TERMINATION FOR NON-APPROPRIATIONS. Municipality's obligations to pay any
amounts due for those fiscal periods succeeding the 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 Termination Date. All obligations of Municipality to make
payments due after the Termination Date will cease and all interests of
Municipality in the Equipment will terminate. Notwithstanding the
foregoing, Municipality agrees (i) not to terminate 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 similar
O.~~iGir~AL
-5-
8214'
,
"
equipment for use by the Municipality, (iv) that if the Contract is terminated
pursuant to this section 8.1, the Municipality will not in the then current .or
succeeding fiscal years purchase, lease or rent Equipment perforMing functions
similar to those performed by the Terminated Equipment, and agrees not to
permit functions similar to those performed through the use of the Equipment
to be performed by its own employees or by any agent or entity affiliated with
or hired by Municipality. Municipality represents and warrants it has
adequate funds to meet its obligations during its current fiscal appropriation
period. Municipality acknowledges that the monies and securities in the
Reserve Pund shall be retained upon any Termination for the benefit of the
Investor or Registered OWners, and any deficiency in the principal amount of
the Reserve Fund shall be restored by Municipality, except, Municipality's
only responsibility shall be for a deficiency (Reserve Pund Deficiency) in the
principal amount resulting from Municipality's failure to timely make payments
prior to the effective date of a non-appropriation of funds pursuant to this
Section 8.1.
8.2 PREPAYMENT. So long as Municipality is not in default, Municipality will have
the right, upon providing MLC with sixty (60) days prior written notice, to
prepay its obligation for the amount set forth in the PrepaYment column on the
dates provided in the Schedule(s) plus the amount by which the principal
amount originally deposited in the Reserve Pund exceeds the principal amount
realized from such Fund upon its liquidation. Payment must be received by the
specific date established.
8.3 MUNICIPALITY'S RIGHTS ON PREPAYMENT OR PAYMENT IN POLL. Upon (i)
Municipality's exercise of its right of prepayment and/or (ii) Municipality's
haVing satisfied all of its monetary and other obligations hereunder, MLC will
release its security interest in the Equipment.
: .
8.4 DESTRUCTION OF EQUIPMENT. In the event any of the Equipment is destroyed,
stolen or in the reasonable opinion of Municipality, damaged beyond economical
repair, Municipality shall give prompt written notice of such event to MLC and
its assigns. If KLC replaces such Equipment within 60 days of notification
then this Agreement will continue in force. Municipality at this time will
pay MLC for the replacement cost of the Equipment. If at the end of the sixty
day period the Equipment cannot be replaced then the Municipality will
immediately pay to MLC an amount in cash equal to that share of the prepayment
Amount set forth in the appropriate Schedule(s) which is attributable to such
Equipment. Said amount shall be based on the percentage that the purchase
price of the Equipment bears to the total purchase price of all Equipment
included in such Schedule. There shall be no abatement of periodic payments
through the end of the sixty-day period. In the event there are insurance
proceeds covering this obligation in excess of the amounts due then such
excess shall be retained by Municipality. The Municipality agrees, upon
prepayment under the terms hereof, resulting from the total damage,
destruction, or theft of all the Equipment, to replenish the Reserve Pund as
set forth in Section 8.1 of this Agreement.
IX. ASSIGNMENT BY HLC
9.1 ASSIGNMENT. Municipality understands that MLC contemplates separately
assigning (or reassigning) its right, title and interest in each SChedule, the
Equipment listed thereon, and all rights to receive further payments to
another party (.~ssignee.), subject to the rights of Municipality
hereunder. Municipality consents to such assignments and agrees to send
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all Agreement notices to both MLC and its assignees. All rights of and
indemnifications to HLC will inure to the Assignee. Any such Assignee
will not be obligated to perform any of the obligations of MLC.
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 KLC's rights any
claim, any defense, counterclaim, offset or recoupment of any kind,
variety or nature which Municipality may now or hereafter have against MLC
whether accruing under the Agreement or otherwise.
9.2 ADVICE OF ASSIGNMENT. Upon assignment of MLC'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 name of the
Assignee and the address to which further payments hereunder should be
made. No further action will be required by MLC or by Municipality's
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 l03(j) of the Internal Revenue COde, the Municipality agrees to
affix a copy of each notification of assignment to the Municipality's
counterpart of the Agreement.
X. WARRANTIES AND REPRESENTATIONS
. I :
10.1 WARRANTIES AND REPRESENTATION OP MUNICIPALITY. The Municipality
represents and warrants to HLC and, so long as this Agreement is in effect
or any part of Municipality's obligations to MLC remain unfulfilled, shall
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 has the power and authority to
enter into the Transaction Documents to which it is 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 OF WARRANTIES
11.1 The Municipality acknowledges that the EqUipment is of a size, design and
capacity, and manufacture selected by the Municipality. MLC is not a
manufacturer of the Equipment.
11.2 HLC MAlES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR
IMPLIED, RELATING TO THE EQUIPMENT OR PATENTS RELATING THERETO; AND MLC
HAS EXPRESSLY MADE NO WARRANTY AS TO THE VALUE, DESIGN, CONDITION,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT.
-7-
O 1.".\..1 A ,
j',j Uijo"tAL
82l4F
')
')
11.3 MLC viii 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 ~arranties. HLC 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 exerclslng 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 HEADINGS. 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 them, 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.
.1 .'-
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 HLC thereunder. This Agreement and
Schedule(s) issued pursuant thereto shall not be effective until accepted
(as evidenced by an authorized signature) by HLC.
-8-
O':'G'\ r A r
a .. ~ i r j~ ,:\ _
n~"'ft
)
"
12.9 FORMATION OF AGREEMENT. MLC shall not be bound by this Agreement until it
is excecuted by an officer of HLC.
XIII. SIGNATURES
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the day and year first above written.
MUNICIPAL LEASING CORPORATION DBA
MUNICIPAL FINANCE CORPORATION IN CALIFORNIA CITY OF
BY: lJ;l1~'. fi-4. ~
BY:
NAME: WtlLI1ftlt.j. /J1 CI-/t1'l.T'(, Jtr..
NAME: Dean
TITLE: IJ,/(.~(rol{ of (oN77fIkT~
DATE: .~ /131 !'t.
TITLE: Purchasinq Aqent
DATE: March' 5. 1986
~
.1Y..
DATE .2/.2..-'/ f~
. , :.
-9-
O....J Gd\lAL
8214F
4.
1
2
3
4
5
6
7
RESOLUTION NO. 88-272
RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A
CONTRACT TO HAAKER EQUIPMENT COMPANY FOR THE FURNISHING AND
DELIVERY OF THE AUTOMATED REFUSE TRUCKS (3 EACH), IN ACCORDANCE
WITH SPECIFICATION F-88-15.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
That Haaker Equipment Co. is the lowest and
8 best bidder for the furnishing and delivering of Automated Refuse
9 Trucks (3 each), in accordance with specification F-88-15 for a
10 total amount of $342,129.84 pursuant to this determination, the
11 Purchasing Agent is hereby authorized and directed to issue a
12 purchase order for said Automated Refuse Trucks (3 each) to said
13 lowest and best bidder: such purchase order shall include (1) a
14 term that the City shall have at least 90 days from the date of
15 acceptance of the bid to arrange financing for the equipment:
16 and (2) a term that the purchase order is contingent upon the
17 City obtaining financing that is adequate in the City's sole
18
19
20
21
22
23
24
25
26
27
28
determination: such award shall only be effective upon the
issuance of a purchase order by the Purchasing Agent; and all
other bids therefor are hereby rejected.
I HEREBY CERTIFY that the foregoing'resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on the
July
, 1988, by the following vote, to
18th day of
wit:
7-6-88
CRG:cm
1
Resolution
'a~ of Contract - Haaker
u' llent Co.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AYES:
Council Members Estrada, Reilly, Flores, Maudsley.
Minor, Hiller
NAYS:
None
ABSENT:
Council Member Pope-Ludlam
~~/~~
./ City Clerk
The foregoing resolution is hereby approved this ~otL day
of
Julv
1988.
By: ~P<I ~uh Mavor
E LYN WILCO , Mayor
City of San Bernardino
Pro 'l!m lort
Approved as to form
and legal content:
7-6-88
CRG:cm
2
1
RESOLUTION t-10. 88-469
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
3 IRECTING THE EXECUTION OF AN AGREEl1ENT ~vITH PACIFICORP CAPITAL,
INC., FOR THE LEASE-PURCHASE FINANCING OF AUTOMATED REFUSE
4 RUCKS.
5
6
7
SECTION 1. The Mayor of the City of San Bernardino is
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
SAN BERNARDINO AS FOLLOWS:
ereby authorized and directed to execute for and on behalf of
8 said City an Agreement with Pacificorp Capital, Inc., for the
9 lease-purchase financing of three automated refuse trucks, as
10 authorized by Resolution 88-272. A copy of said Agreement is
11 attached hereto as Exhibit "An and incorporated herein by
12 reference as though fully set forth at length.
13
SECTION 2. This Agreement shall not take effect until
14 fully signed and executed by both parties. The City shall not be
15 obligated hereunder unless and until the Agreement is fully
16 executed and no oral agreement relating thereto shall be implied
17 or authorized.
18
I HEREBY CERTIFY that the foregoing resolution was duly
19 adopted by the Mayor and Common Council of the City of San
20 Bernardino at a
21 of
meeting held on the
5th
day
reaular
, 1988, by the following vote, to wit:
December
22
23
24
25
26
27
28
AYES: Council Nembers Estrada Reilly, Florp.~, Minnr
Miller
NAYS:
None
ABSENT: ______"COunci..L..Me.mhe..r~ M~lIn~~ Pnf"~-r.l1n 1 ~m
/~~;n~J/.~1i? __
City Clerk
1
DCR:mw
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF TI-tt:' CITY AUTHORIZING AND DIRECTING THE EXECUTION
OF AN AGREEMENT ~TH PACIFICORP CAPITAL, l' . FOR THE
LEASE-PURCHASE FINANCING OF AUTOMATED REFU~~ TRUCKS.
1
2
The foregoing resolution is hereby approved this r~~ day
3 of
4
5
6
7
December
, 1988.
.22y_ - ,. -
E LYN WI COX, Mayor
City of San Bernardin
8 Approved as to form
9 and legal content:
2
DCR:mw
.I
EXHIBIT A
MODIFICATION NO. 1
Dated as of July 1, 1988
Agreement 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 Orders 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.
~~~\f
.'
~."
Modification No. 1
Agreement 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
Leasl'~g. co. rporation
'/ . 1/
By ;t. (J ~ an ~ ~
I
1/ iI "'
Name f\' I: .5J4/'1 F{)t<~
Title t3Jo Clt:<-~ an~~f
CITY OF SAN BERNARDINO
Munic4>ality
By~tLl d.,L )/ J~'
Name" hI' 1 ,
Title t~ I
~(Q)[?))f
f'
EXHIBIT B
SCHEDULE NO. 2
Dated as of: July 1, 1988
To Agreement No.: 1112
THIS SCHEDULE is issued pursuant to Agreement dated as of February 6, 1986,
between the parties to the Agreement to authorize installation of the
Equipment listed herein. All terms used herein have the meanings ascribed
to them in the Agreement.
A. Payment No. 1 shall be due on June 1, 1989 and subsequent payments
shall be due semi-annually thereafter as set forth hereunder:
Payment Payment Payment Interest Prepayment
Number Date Amount Portion Amount
1 01-JUN-89 41,335.50 12,299.76 319,974.80
2 01-DEC-89 41,335.50 11,255.91 288,638.52
3 01-JUN-90 41,335.50 10,174.53 256,322.97
4 01-DEC-90 41,335.50 9,054.28 222,997.56
5 01-JUN-91 41,335.50 7,893.75 188,630.74
6 01-DEC-91 41,335.50 6,691.50 153,189.95
7 01-JUN-92 41,335.50 5,446.03 116,641.63
8 01-DEC-92 41,335.50 4,155.78 78,951.18
9 01-JUN-93 41,335.50 2,819.15 40,082.91
10 01-DEC-93 41,335.50 1,434.45 90.00
B. LATE PAYMENTS. There will be a charge of 1.5% per month based on the
amount of any late payments.
C. FISCAL YEAR. 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 PCC, Municipality shall bear all
risk of loss or damage to the Equipment until the Equipment is returned to
PCC pursuant to Agreement Article VII or VIII. The Municipality agrees to
hold harmless and indemnify PCC from all liability for damages to the
equipment or personel 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
0~'<~~~'J~~":-; /-
\ \,._,-,. '-.' .', , U
~.........-- -
,-
H. EQUIPMENT DESCRIPTION. The Equipment as defined in the Agreement
includes the following:
EQUIPMENT LIST
Quantitv Description
Equipment Cost
serial Number
3
Model 320, Automated Refuse
Vehicle, Formula 7000
$321,248.68
Subtotal $321,248.68
Sales Tax $20,881.16
Total Financed Amount $342,129.70
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.
PCC shall not be bound by this Agreement until it is executed by an officer
of PCC.
BY:
TITLE:
DATE:
Dean R. Meech
Purchasinq Aqen
December 15. 1988
PACIFICO,/) C)'PI~A~, INC.
BY: j. rJa-n ,~,(
TITLE:
DATE:
CITY OF SAN BERNARDINO
Page 2 of 2
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EXHIBIT D
Agreement No. 1112
NO-ARBITRAGE CERTIFICATE
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 December 4,
1987, Contract No. 1112, Schedule 2 (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 PCC shall lease the Equipment to the
Municipality, and that the Municipality shall pay to PCC 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 PCC or its assigns in the Equipment terminates, or (iii) the
Agreement is otherwise terminated in accordance with its terms, in which
case PCC 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.
~(Q)~W
.'
Agreement No. 1112
No-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.
By Dean R. Meech
Title Purchasing Agent
Dated: December 15, 1988
CITY OF SAN BERNARD
Municipality
(C;<<])CPw
~
. '
C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
8903-2518
TO: DEEN MEECH, PURCHASING
FROM: T. L. CAIN, ACTING DIRECTOR, RISK MANAGEMENT
SUBJECT: QUESTIONNAIRE ON SELF-INSURANCE
DATE: March 17, 1989
COPIES:
The following is in response to the Questionnaire regarding
insurance:
1) a) Yes, the 3 large vehicles have been endorsed
onto our industrial Insurance Company of
Hawaii, LTD., Policy i JA 899-6733 issued to
the City of San Bernardino, California through
Marsh & McLennan for the full value of the
property.
b) Yes, we are self-insured for the first
$1,000,000 of any loss. We are members of a
Joint Powers Agreement, Big Independent Cities
Excess Pool which provides coverage above our
SIR in the amount of $25,000,000.
2)
Liability
$1,000,000
above.
insurance is provided above our
SIR (self-insured retention.) See 1) a.
3) See 1) b. above.
4) The source of revenue is our General Fund.
a) Yes.
i) Yes, they are subject to annual approp-
riation.
ii) $1,000,000 is appropriated.
iii) There are no limitations.
iv) Yes, any appropriate avenue is available.
v) The Director of Risk Management has
authority to settle any claim up to $10,000;
the Claims Committee has an additional $10,000;
and the Mayor and Common Council has authori-
zation up the amount of our SIR.
vi) The claimants may have recourse to the
04
. .
INTEROFFICE MEMORANDUM: 8903-2518
QUESTIONNAIRE ON SELF-INSURANCE
March 17, 1989
Page 2
~ '.
courts.
b) N/A
i) N/A
i i) N/ A
iii) N/A
If you heed any further information, please do not hesitate
to contact me.
71.c~
Acting Risk Manager
TC/sf
,.~4C't~..l...;olIJ _~" ~ )J...
PURCHASE No .oltn
ORDER .
....8... 'AI. I
10/10'"
.lJl 1W"i1 ~.~~:-..._...,~~, A' ER
~ .. GQOO8~ECEIVED · -II Y
" 0fRCI Of 1ltf ~ .4CINT
a w. a.usra SIUII
SAN ~CAWaaNA ana
,..~
TO
"AAKER lOUIPMINT CO
VENDOR
3808 ~ORONA ILVD
ORDER ADDRESS
ItOMONA, CA '17"
CfTY STATE ZIP
714 ee'-2706 ED HAAkER
~ .
II ~ol~OO7
DATE OF ORDER
II NON;VMENT DGCO..M
DEUVER TO: P.I. MORkS/eARAl1
tit 8 SlrRp.A NAY
BAN IrRHARDINO. CA '240.
ORDERING DEPAATMENT
PUBLIC SERVICES/~EfUSE
EQUIP NO. IHAl ~T~8() I & ~ wo NO
3Z",639,OO
'1'9,36!5~8"
.o~oo
344t004~'4
(I \MJ I t.
ORIZED ANQ APPROVED
. ; ';. I
I VENDOR NO
011470
VENDOR'S PAYMENT ADDRESS
CITY
STATE
ZIP
DESCRIPTION OF ARTICLES OR SERVICES REQUIRED
QUANTITY UNIT
UNIT PRICE
......**..**.....*..................................
Chlng.d Purchasl Ord.r - Rtvlllon Nu.btr t
..*.................................................
. CHAN&! NOTICE It PER DEAN MEECH
FY 88/89
..... .... .......
..... .... .~...*.
,() ~ /}zj:/' /1
I L. l' /c l
U
. ..
*
..
OAI61NAl BALANCE OF THIS PURCHASE
ORDER WAS '3l2,764.00 FOR 3 EACH
AUTOMATED REFUSE TRUCkS
, I
).../ I
J, II I I
i / l_ I .
,'\ i .../. r :! J
( I ,t.: "", L, . l-+
" v
\.' l.
~
1 Ll 3 2764.00
~-_._~~--~-~~~~----~~-----~----------~
*2 INCREASE THIS PURCHASE ORD(R IV
· FOR ADDITION OF THREE AIR CONDITIONINe
· - UNITS
U AJ,-j ~ I ';/1- ~tlIJJjf- IY. p~ L59 X 5 J< f) 7 tJ.3 95:S
UN It JJ,. / ~Jf v/JJIt -, X P ~L 59x 7 k D 7 ~3 9.5't
lA)JlrJl- / (?" V/;tJJJ / ~f2L 59)( 3K.D 70.3.3 CfSf
t IT .87'5.00
./f (~&l
,1/ ( pl. 'f- I ~
I
,.
..***....***........**.***.******....**.*****.......
j' 8ENERAL LEDGER ACCOUNT NUMBER
!
SUB T TAL ....*
TOTAL TA)( .*...
TOTAL FREI HT ..
TOTAL AMOU T ..*
. *127-41l-e-e78Z-00000-0000
.324,63'9.00
CC 810
COORDINATE DELIVERY WITH: B08 TORI 1 T T 3 eat -. '5220
DELIVERY REQUIRED BY
ACCOUNTING
CODE
ENCUMBRANCE
AMOUNT:
BUYER TO CONTACT REGARDING
THIS PURCHASE
THIS PURCHASE IS A
DEAN R. MEECH'
PL*lCHASING AGENT
~
TO HEADS OF DEPARTMENTS
EN COMPlETED SEND THIS REPORT OF GOODS RECEIVED TO FINANCE OFFlCER
~ I HEREBY CERTIFY THAT I HAVE RECEIVED. CAREFULLY WEIGHED.
MEASURED OR COUNTED THE ITEMS INDICATED ABOVE, THAT
aUANTITIES AND OUAlITIES ARE CORRECTLY STATED AND ARE
AS ORDERED, EXCEPT AS NOTED HEREIN,
1/1.1
I.
DEPT. HEAD SIGNATURE
EXTENSION
I
.......,...
I
I
...........
I
I
I
I
I
I
I
I
I
32Z.164~OO
I
I
I
I
I
I
.1,e7~~OO
I
I
'~'. '1:\~~~nXN'''BEiiRXIDf
.. .... 0fftCI Of THE PUR~ AGINT
.. _ w. Cl1.JS1a S11dIT
. IAN ~ CAI.JfODM ana
~H-
ORDER No.
..ulMU. 'AI.'
M'OI/11
HAAnl IOU 1"'1'" CO
10
.e08 P'OttONA 1m
"OMOHA, cAORJrmSS
~8'J .Te,.sllf HAAKER ZIP
'7 , f ~ 1 8 :; 7 () "
VENDOR'S PAYUEN'T ADDRESS
CITY STATE ZIP
:
~"
DATE OF OAOER
II~I'-~
l1m'lrPo
DEUVER TO: .11 . lIIJUt A MAY
IAN .I~NARDINO, CA '140'
Cf(fIt1~p~m ICES IREFUSI
EOUP NO HAZ. Mr.. 0 I , w.~ NO.
II ~'foOl
DESCRIPTION Of ARTICLES OR SERVICES REQUIRED
OUANTTTY UNIT UNIT PRICE
EXTENSION
-.
F-18-iS
'Y 18/"
--.~P~--._-----~-----~~-~~-------~--~-
VENDOR - HAAkER rOUIPMENT CO"~ANV
SHALL FURNISH AND DELIVER THREE AUTO-
MATED REFUSE VEHICLES IN ACCORDANCE
M1TH lID SPECIFICATION F-e8-18 DATED
8-11-1'
I THREE (3) EACH AUTOMATED REFUSE TRUCKS
PER lID SPECIFICATION F-81-le
VENDOR SHALl.ALSO PROVIDE A 90 DAV
PER.IOD FROM 7-18-88 FOR THE CITY TO
ARRANGE FINANCIN8 OF EQUIPMENT
1 IT 3. ZT64.00. 322,764.00
I
I
I
I
I
I
I
I
I
~
THIS PURCHASE IS CONTINGENT U~ON THE
CITY OBTAINING FINANCIN8 THAT 18
ADEQUATE IN THE CITV'S SOLE DETERMIHA-
TrON
APPROYED BY MAYOR AND COMMON COUNCIL
7-11-88
CI~NTINUED
CC 110
COORDINATE DELIVERY WITH: 108 TORIITT 384-82Z0
DELIVERY REQUIRED BY \
......, BUYER TO CONTACT REGARDING
'Y' THIS PURCHASE
DEAN MEECH
ACCOUNTING
CODE:
ENCUMBRANCE
AMOUNT:
i
THIS PURCHASE as AUTHORIZED AND APPROVED
DEAN R. MEECH
PI.R>iASlNG AGENT
TO HEADS OF DEPARTMENTS
WHEN COMPlETED SEND THIS REPORT OF GOODS RECEIVED TO AIlANCE DFAl
I HEREBY CERTIFY THAT I HAVE RECEIVED, CAREFULLY WEIGHED,
MEASURED OR COUNTED THE ITEMS INDICATED ABOVE. THAT
aUANTITIES AND OUALlTIES ARE CORRECTLY STATED AND ARE
. AS ORDERED, EXCEPT AS NOTED HEREIN.
~tB~rrwm rID
AU~ 4 1988
PU~lIC SERVICES
DEPT. HEAD SlONA1\JRE
DATE
~~~J~~~"~~-~r1N .' .. - i5fFJ
I - . .G{)OOIIlfCEJVED OffICI Of DIE ~ AGIM ' .
I : ,- . aw. C1lJSTa SlUR
JI . IAN BNAIDNO. CAl.IIOINA ana
ORDeR No.
\UlMU. 'A'. I
01''''11
.'
c
DATEOf~
II "'MIlrVYEHTllOSCOU<T
I 'Wf'lifo
11"''foo 7
. .
ZIP
DELIVER TO: '12' ItIR"A MAY
IAN .ERNARD~NO, CA .140.
~Wr1~P~~ICE8/~EFUSI
VENDORS ~YMENT ADDRESS
EOOP. NO.
HAZ. Mr.. 0 18
W.O.NO.
e
CITY
STATE
ZIP
DESCRIPTION OF ARTICLES OR SERVICES REQUIRED
QUANTITY UNIT UNIT PRICE
EXTENSION
!
RESOLUTION MUNIER 88-27%
--~-----------_._--------~-~---~---~~-
ATTENTION VENDOR.
TO EFFECT PAYMENT. ------ A COpy OF
DELIVERV COM'LETION MU6T BE PROVIDED
TO PURCHASIH' ~E'ERENCIN' 810 NUMBER,
PURCHASE ORDER NO., INVOICE NO., COM-
PLETED ORDER DELIVERV DATE.
PRICE/TERMS PER IILl HAAKER
...*................**...**.........................
127-41%-8-8782-00000-0000
t3ZZ,764.00
SUB TUTAL 4***..
TOTAL TAX 4..*..
TOTAL FAEI4HT ..
TOTAL AMOUIT ...
3ZZ,164 00
'19,368~84
.O~OO
.342, t29~ 84
I
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I
Dl~_~'ie\FORIZED AND APPROVED
eENERAL LED8Eft ACCOUNT NUMBER
CC 810
COORDINATE DELIVERY WITH: 801 TORtlTT 3e4-~220
DELIVERY REQUIRED BY
ACCOUNTING
CODE:
ENCUMBRANCE
AMOUNT:
~
BUYER TO CONTACT REGARDING
THIS PURCHASE
DEAN MEECH
PlJ:lCHASlNG AGENT
TO HEADS OF DEPARTMENTS
WHEN COMPlETED SEND THIS REPORT OF GOODS RECEIVED TO FINANCE OFFICER
.rD1
I HEREBY CERTIFY THAT I HAVE RECEIVED, CAREFULLY WEIGHED. Ln.1
MEASURED OR COUNTED THE ITEMS INDICATED ABOVE. THAT
QUANTITIES AND QUALITIES ARE CORRECTLY STATED AND ARE
AS ORDERED, EXCEPT AS NOTED HEREIN.
~&mu.wm [ill
AUG .( 1988
PUBLIC SERVICES
DEPT. HEAD SIGNATURE
n&~
U~()F .
0fRCI Of THE P\a~ AGINr
a w. a.uaa ...-,. " ';jfj;'o.~'
IAN BNAIDN),~ .'
,.:.?-.. ~ ~ '
'-- ~""'-,
· IWIIB "'''J-.r CD
10
3101 PCIDIA 1&.,
IW&
II AEiiicMl
. ORDER NO:~: :~~:. .'
............-.:. .'~ ><
.~,"'~ ., ,,' iI~'
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. ~:... ,.,. .. :' .' . .
. . ... . r-..., . - ,'~Jf~....'~." .... '.
04'" (; oN.;. ,
11'1l!M--
OAOER ADDRESS
PClGM. CA 917..
CITY s~
714 M9-R706 lID H.\NtD
ZrP
. ..
DEUVER TO: I.. .1.... MY
IAN IDIWtDrND, CA ft~'
OP\lilGfCPA~1 CD/REJI'UR
r;-:TTl7~ -y..-:-
VENDORS PAYMENT ADDRESS
EQUIP. NO.
HAl. MATL
W.O. NO.
-
CITY
STATE
ZIP
DESCRIPTION OF ARTICLES OR SERVICES REOUlRED
QUANTITY UNIT UNIT PRICE
EXTENSION
flY .,..
1
INCREASE 3 MfI"CItATED 81DE-LOAJ)INO
REFUSE TRUCKS GRDERED ON REGUISITION
. 412007. FROf1 33 CUlIC VNtDl TO 36
CUlIC YARDe, CHANOE F'JIIOft 8TD TAIL eATE
TO BEZEL TYPE TO ENCREAIE CII IV 3
CUlle YARDe
~EA
03S.
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.1,60-' 00
--
_11:1..4 _...b..
..
T
...................................................
OENERAL LEDOER ACCOUNT NUtUER
1 'Z'I-412-S-57I12-OOOOO-OOOO
.1,605.00
..
...
.1, 60~ 00
.9~ 30
eQ.OO
.1, 701~ 30
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CC 110'
COORDINATE DELIVERY WITH: 101 TORlln 384-sa20
DELIVERY REQUIRED BY 10~188
ACCOUNTING
CODE:
ENCUMBRANCE
AMOUNT;
BUYER TO CONTACT REGARDING
THIS PURCHASE
LOVD CORLEY /'
I I:, j
/ .' I if!
" I ~ I i 1
~PU~~~~C?~I~O A!f~'7( .0
P\.R:HASING. AGENT
TO HEADS OF DEPARTMENTS . ..., n ~ \1 \\\'
WHEN COMPlETED SEND THIS REPORT OF GOOOS RECEIVED TO FINAHCE~~JR S " ~'" ~
U .~-~
f'. " " \ge~
II-:tEREBY CERTIFY THAT I HAVE RECEIVED. CAREFUllY WEI~ . aC\ ~ \) S
MEASURED OR COUNTED THE ITEMS INDICATED ABOVE. THAT ",\cE
QUANTITIES AND QUAUTIES ARE CORRECTLY STATED AND ARE - _ s~~-,.,
/lJJ:;;'=iHERV/':':_'U
DErr. HEAD SIGNATURE .. / n TI: I