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HomeMy WebLinkAbout1988-470 , r:> 1 RESOLUTION NO. 88-470 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A FIVE (5) YEAR LEASE PURCHASE AGREEMENT TO SECURITY PACIFIC LEASING 3 CORPORATION FOR THE FINANCING OF 8,000 EACH NINETY (90) GALLON REFUSE CONTAINERS, THREE (3) EACH 36 CUBIC YARD FRONT LOADER 4 REFUSE VEHICLES AND THE UNINTERRUPTED POWER SYSTEM IN ACCORDANCE WITH LEASE PURCHASE QUOTATION LP9001. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1: That Security Pacific Leasing Corp. is the 8 lowest and best responsible bidder for the financing of 8000 each 9 ninety (90) gallon automated refuse containers, three (3) each 36 10 cubic yard front loader refuse vehicles and the Uninterrupted 11 Power System in accordance with Lease Purchase Quotation LP9001 12 for the total amount of $802,557.92; pursuant to this 13 determination, the City Attorney is hereby authorized and 14 directed to prepare the necessary lease purchase transaction 15 documents for said financing of 8000 each ninety (90) gallon 16 automated refuse containers, three (3) each 36 cubic yard front 17 loader refuse vehicles and the Uninterrupted Power System to 18 said lowest and best responsible bidder Security Pacific Leasing 19 Corp.; such award shall only be effective upon the issuance of an 20 agreement by the Mayor of the City of San Bernardino; and all 21 other quotations therefor are hereby rejected. 22 SECTION 2: No other transactions mall be initiated under 23 the Master Lease contained in this agreement without the prior 24 approval of the Mayor and Common Council. 25 SECTION 3: The Director of Finance, Purchasing Agent and 26 the City Attorney are hereby authorized to execute such documents 27 as are necessary for the administration of this transaction. 28 JFW:ss 1 November 23, 1988 ,#~ 25 26 27 28 , . RESO: AWARDING A FIVE YEAR LEASE PURCHASE AGREEMENT TO' SECURITY PACIFIC LEASING CORPORATION 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a ___~~~~________meeting thereof, held on the 4 __~~_ day of _____~~~~Q~________ 19~~___ by the following 5 vote, to wit: 6 7 AYES: COUNCIL MEMBERS --~~~Q~_~~UX~~~~~~______ 8 Minor. Miller 9 NAYS: None 10 ABSENT: COlIne; 1 Memhers Maudsl~.y..Jope-Ludlam 11 12 ~~J!k~rdt.~/ 13 14 15 The foregoing resolution is hereby approved this ~~AC day of December , 19 16 17 18 19 20 Approved as to form and le~al conte~t: . k~ 'l'/~~'~- ny Attorney ,J 21 22 23 24 JFW:ss 2 November 23, 1988 ,. SECURITY PACIFIC CAPITAL LEASII\lG CORPORATION ~ !i ~@ CJTY OF S/~\N BERNt,Rn'N rIJ~{CHASING OEPARiMI~~~ I" J 2J r:l 2- C'? (00,...."+<... ,._.......,,''"' 1,_--':. iL:.J EXECUTIVE OFFICES: FOUR EMBARCADERO CENTER. SUITE 1200 · SAN FRANCISCO, CA 94111 . Po. BOX 7722 (94120) . (415) 765.7300 1/ j ./' -1 ..~--, -; . . ,I October 3, 1988 CITY OF SAN BERNARDINO, CALIFORNIA 250 West Cluster Street San Bernardino, California 92408 .' --.. - -- to.-:-' i...-:J Attention: Mr. Dean Meech Purchasing Agent Gentlemen: We are pleased to inform you that, pursuant to your request, we are agreeable to entering into a leasin~ transaction with you in accordance with the terms of the Master Lease and other documentation enclosed herewith and upon the following additional terms and conditions. The capitalized terms used herein have the same meanings as set forth in the Master Lease. Lessor: SECURITY PACIFIC CAPITAL LEASING CORPORATION Lessee: CITY OF SAN BERNARDINO, CALIFORNIA Eauipment: various New Refuse related Equipment/ Power System Lessor reserves the right to approve any and all items of Equipment prior to any scheduling under this leasing line. This commitment specifically excludes any item or items of Equipment with a unit cost of less than $100.00. Cost of Eauipment: Estimated at: $803,000.00 Lessor has approved the leasing line hereunder for the full estimated cost. However, in the event of cost overruns, Lessor reserves the right to exclude undelivered and unaccepted t ~ ~,. SECURITY PACIFIC CAPIT AL LEASING CORP. 2 Cost of Eauipment: (Continued) items of Equipment in order to stay within the estimated Cost, or to include such items and to adjust v//' the Rentals and rental rates on this overrun. Deliverv and Takedown: December, 1988 Eauipment Location: San Bernardino, California Term of Lease: Five (5) Years Interest Rate: The Lease Term for each item of Equipment will commence on and as of the date of Acceptance of said Equipment by the Lessee. Seven and 25/100 percent (7.25%) Rentals: Lessee will be required to make ten (10) equal consecutive semi-annual rental payments, each in arrears, at $121.00 per $1,000 of Equipment Cost. Should the proposed leased Equipment not be accepted by Lessee and the Lease Schedule not executed prior to the Expiration Date, referred to below, Lessor reserves the right to extend its commitment with respect to any portion of this transaction beyond the Expiration Date and/or to adjust the rentals. Property Taxes: Lessor intends to report for assess- ments all property located in California. Lessee shall reimburse Lessor (or upon Lessor's request, pay directly,) such California property taxes, including (except where caused solely by Lessor's acts or omissions) any penalties, interest and costs of Lessor associated therewith. Purchase option: At the expiration of the five (5) year lease term, Lessee shall have the option to purchase all of Lessor's right, title and interest in and to the Equipment for one dollar ($1.00) . ~ ~ ~,. SECURITY PACIFIC CAPITAL LEASING CORP. 3 Insurance: Notwithstanding the language in Paragraph 14 of the Master Lease, so long as Lessee is not in default under the terms and conditions of said Lease, Lessee will have the right to self-insure for public liability and property damage, and risk of loss coverages on all Equipment leased pursuant to this commitment. Financinq statements: Appropriate Financing statement(s) will be required. Lease Schedules: A $10,000 minimum Equipment Cost requirement will apply on all lease scheduling under this commitment. Should Lessee request scheduling for amounts between $5,000 and $10,000, a $150.00 scheduling fee will be due and payable upon execution of the Lease Schedule. Financial Statements: Lessee's audited annual financial statements, including Fund Balances, are to be mailed to Lessor within ~ 120 days from Lessee's fiscal year ~ end as well as such other information as the Lessor may from time to time reasonably request, and Lessor (and its affiliates and their representative agents, employees, officers and directors) are hereby irrevocably authorized to interchange . / and utilize all credit information v files and facilities in possession of Security Pacific Corporation, Security Pacific National Bank and their respective subsidiaries and affiliates and others as may be necessary or desirable for the analysis, processing, review and collection of any transactions with Lessee. It is hereby required that Lessee supply Lessor with their June 30, 1987 fiscal year end financial statements prior to any funding under this transaction. / ~ ~ ~;. SECURITY PACIFIC CAPITAL LEASING CORP. .4 Tax status Representation: Lessee represents that it is qualified as a "political subdivision" within the meaning of subsections (a) and (c) to section 103 of the Internal Revenue Code of 1986 ("Code") and that this transaction will constitute an obligation of the Lessee within the meaning of said subsections. Lessee agrees to cooperate with Lessor in providing evidence as deemed necessary or desirable by Lessor to substantiate such tax status. Filinq Requirements: Lessee further represents that it shall comply with the filing requirements set forth in Section V'/ 149(e) of the Code with respect to this transaction and will provide Lessor with a copy of the filing when made. Copy of the filing is to be received by Lessor by no later than the fifteenth day of the second calendar month following the calendar quarter of funding. Should Lessee fail to make the filing in the manner ~ or within the time required, Lessee ~ shall indemnify Lessor for any resulting loss of Federal income tax exemption to the interest portion of the rental payments. Opinion of Counsel: Lessee shall provide Lessor with an opinion from Lessee's counsel stating that the Master Lease of Personal Property and other documents required of the Lessee hereunder have been duly authorized, executed and delivered by Lessee and that such documents are valid and binding obligations of the Lessee in accordance with their respective terms. In addition, the opinion shall confirm the true and exact name of Lessee. Such opinion shall also affirm that the Lessee qualifies as a "political subdivision" within the meaning of subsections (a) and (c) to Section 103 of the Code and that this transaction will constitute an i t ..-,. SECURITY PACIFIC CAPITAL LEASING CORP. 5 Opinion of Counsel: (Continued) obligation of the Lessee within the meaning of said subsections. said opinion shall be delivered to Lessor prior to the commencement of said Lease and must be acceptable to Lessor's counsel. Lessee Representation: Lessee hereby warrants that this transaction does not violate any ~" terms or conditions of any material y/ credit agreement or any other agreements or instrument to which Lessee is a party. Commitment Fee: A $16,060.00 or two percent (2%) commitment fee is hereby required upon execution of this Commitment Letter. This fee is based upon the estimated total Cost of Equipment to be leased hereunder and will be applied to the first rental payment(s) on a pro rata basis as Equipment is leased. If the lease line is not ~ utilized, fully or in part, any ~. portion of the commitment fee not applied to rentals will be retained by Lessor in consideration of its work and commitment hereunder. Documentation: The following additional documents are necessary to this transaction: a) Master Lease of Personal Property (original and one copy) b) Leasing Resolution (original and one copy) c) Information Form (one copy) d) UCC Financing statement (one) e) Commitment Fee Billing Invoice (original and one copy) f) Opinion of Counsel g) Copy of section 149(e) filing h) Financial Statements Please execute items a through d above and return them to Lessor, along with items e through h, as soon as possible. Upon Lessor's acceptance, copies will be returned for Lessee's files. t ~ ~;. SECURITY PACIFIC CAPIT AL LEASING CORP. 6 When Lessee is ready for Lessor to order the Equipment, please advise Lessor and include the following necessary information: 1. A complete description of the Equipment, including model number, serial number, etc. 2. The cost, including a detailed breakdown of the unit cost of each individual item, installation and delivery costs, and all taxes. 3. The name, address, and phone number of the supplier. 4. Shipping and delivery instructions. 5. Any other relevant instructions. After Lessor has prepared its purchase order, Lessor will forward it to Lessee for review and execution. Upon receipt of the approved purchase order, Lessor will forward the original (supplier's copy) to the supplier. When properly invoiced, Lessor will prepare a Lease Schedule which ~ will be forwarded to Lessee for execution. Upon return of the properly executed documents, Lessor will then be in a position to make payments to the supplier(s). The form, substance and enforceability of all instruments required by Lessor in completing the transaction proposed in this Commitment Letter must be satisfactory to Lessor's legal counsel. Lessee agrees to give Lessor such evidence of compliance with the conditions of the Commitment Letter as such legal counsel may require. Expenses incurred for or attributable to any significant amount of lease negotiation, tailoring, or redrafting shall be for the account of the Lessee. /' Expiration Date of This Commitment: Lessor's obligation to acquire and fund Equipment hereunder, terminates and expires on December 31, 1988. If the Equipment has not been delivered at the above described Location and accepted by Lessee on Lessor's forms prior to the above Expiration Date, or there is, prior to said Expiration Date, in Lessor's opinion, an adverse change in Lessee's financial condition since the date shown on the latest financial statement(s) which Lessee has furnished Lessor, then, at Lessor's option, Lessor ~ may terminate its obligations under this Commitment Letter as to any Equipment which has not theretofore been accepted by Lessee on Lessor's forms. This will be a non-cancelable net lease transaction whereby maintenance, insurance, full indemnification, property taxes, documentation costs and all items of a similar nature will be for Lessee's account. , . ~ . ~;. SECURITY PACIFIC CAPIT AL LEASING CORP. 7 It is understood that Lessor's obligations are contained only in this Commitment Letter and any amendment to it in writing, signed by Lessor's authorized officer. The provisions hereof supersede all prior and contemporaneous discussions, lease applications and proposals with respect to the transaction described herein. If Lessee agrees to enter into the leasing transaction and obtain Lessor's firm commitment on the terms set forth in this Letter and in the Master Lease, Lessee must indicate Lessee's acceptance by executing and delivering to Lessor, at Lessor's office in San / Francisco, California, the enclosed copy of this Letter within ~ ten (10) days from the date of this letter. Please be assured of our desire to give you the best and most efficient leasing service. Very truly yours, By PACIFIC CAPITAL LEASING CORPORATION .aM ody L. Osmundson , ontract Administrator ACCEPTANCE: Lessee hereby agrees to enter into the leasing transaction described herein on the terms and conditions and with the agreements and covenants as set forth herein and agrees that this Commitment Letter shall constitute part of the Master Lease. CITY OF SAN BERNARDINO, CALIFORNIA Date By Dean R. Meech Title Purchasing Agent By Title Enclosures Robert Humber/SPLC ! I 41( ,II. 1 2 3 MASTER LEASE OF PERSONAL PROPERTY SECURITY PACIFIC CAPITAL LEASING CORPORATION , herein referred to as 4 "Lessor", hereby leases to the undersigned "Lessee", and Lessee 5 hereby leases from Lessor the personal property (herein called 6 "Equipment") described below, upon the terms and conditions 7 nereinafter set forth: 8 1. DEFINITIONS. For all purposes herein, and for the 9 purpose of the documents executed pursuant hereto, the following 10 terms shall have the following meanings (such definitions to be 11 equally applicable to both the singular and the plural forms 12 thereof or to any gender thereof), unless the context indicates 13 otherwise: the 14 (a) Commitment Letter. "Commitment Letter" shall mean-a- ,dated October 3, 1988 15 letter agreemen~between Lessor and Lessee describing Lessor's 16 commitment to Lessee to enter into the leasing transaction 17 described therein under and pursuant to the terms and conditions 18 of said Commitment Letter and this Master Lease and the 19 applicable Lease Schedule{s} and said Commitment Letter shall be 20 deemed incorporated herein and a part of this Lease and the 21 22 applicable Lease Schedule(s}. (b) Equipment. "Equipment" shall mean all that equipment 23 leased to Lessee pursuant to this Lease, as more fully described 24 in the Lease Schedule(s) annexed or to be annexed hereto, which 25 must be and remain tangible personal property, and/or any unit or 26 part thereof, together with all additions, accessories, 27 attachments, components, spare parts thereto and rights as to 28 1 EXECUTED COUNTERPAR ~. ..... 1 2 3 4 5 I! terms of this Master Lease, or the determinable coat of any unit 6 or part thereof as indicated in the L~ase Schedule(s) annexed or 7 to be annexed hereto. Nothing herein shall prevent Lessor from 8 increasing or decreasing said Equipment Cost on any Lease 9 Schedule(s) in accordance with the provisions of Paragraph 4 10 hereof, to provide for any element of said Equipment Cost not 11 reflected therein or to provide for purchase returns, allowances 12 or adjustments thereon. 13 (d) Lease Schedule. "Lease Schedule" shall mean a schedule 14 of Equipment listing, describing and pricing at Equipment Cost, 15 the Equipment leased, or to be leased upon Lessor's acceptance of 16 Lessee's request therefor. 17 (e) Master Lease. The terms "Master Lease of Personal 18 Property", "Master Lease", and/or "Lease" and all references 19 thereto, as used throughout this instrument, all Lease Schedules 20 and all documents issued and executed pursuant hereto or thereto, 21 . shall mean this instrument as originally executed or if later 22 extended, renewed, amended or supplemented, then as so extended, 23 renewed, amended or supplemented. 24 (f) Net Proceeds. In any sale by Lessor of the Equipment 25 or any unit or part thereof, "Net Proceeds" shall mean the 26 amount received in cash upon the sale thereof, less all expenses 27 incurred by or for Lessor in connection with such. sale, including 28 warranty or indemnity from any sellers, suppliers, manufacturers, transporters or installers thereof. (c) Equipment Cost. "Equipment Cost" shall mean the aggregate cost of all Equipment leased to Lessee pursuant to the 2 1 reconditioning and removal expenses, repair costs and 2 commissions, reasonable attorneys' fees and less all sums accrued 3 and unpaid to Lessor, pu~suant to this Master Lease, to the date 4 of such sale. 5 2. LEASE. Lessee may, concurrently herewith and/or from 6 time to time hereafter, request the lease of Equipment pursuant. 7 hereto. Upon the favorable review and acceptance of any such 8 request by Lessor under the terms of a Commitment Letter, or 9 otherwise, in whole or in part, and upon Lessor's receipt of 10 good, marketable and unclouded title in and to the Equipment, 11 said Equipment shall be leased pursuant to the terms of this 12 Master Lease. All items of Equipment leased by Lessor to Lessee 13 hereunder shall be identified on and leased pursuant to its 14 appropriate Lease Schedule. Lease Schedules shall be separate 15 and consecutively numbered and shall be for amounts satisfactory 16 to Lessor. It is understood and agreed that units of Equipment 17 18 19 20 21 22 23 24 25 26 27 28 , (,- may be maintained or located at different business locations, may be scheduled at different times, may be leased for different periods, may require different rental rates and on account of any such differences, such units shall, at the discretion of Lessor, be leased pursuant to a separate Lease Schedule hereto, notwithstanding that said units are combined in one request for. lease or may coexist at one single location. 3. RENT. The total rent payable hereunder, including interest shall be the aggregate rent of and as set forth on each and every Lease Schedule executed pursuant hereto. Lessee prom1ses to pay Lessor said rent including interest as indicated on the Lease Schedule (s). . 3 . " 1 4. LEASE SCHEDULE ADJUSTMENTS. Lessor may make adjustments 2 for the benefit of Lessee to the Equipment Cost and total rental 3 listed on any Lease Schedule pursuant to the provisions of 4 Section l(c) hereinabove and/or Section 13 hereinbelow. Periodic 5 rental payments shall also be proportionately adjusted, so that 6 the adjusted total rental will be paid in full by the end of the 7 Lease Schedule term. Lessor will give Lessee notice of any such 8 adjustment within ten (10) days thereof. 9 5. TERM. The term of each Lease Schedule shall be and 10 continue for the time therein provided, or for any renewals or 11 extensions thereof unless earlier terminated pursuant to the 12 provisions of Paragraphs 13, 21, or 22 herein. 13 6. EQUIPMENT SELECTION AND ORDERING. Lessee has selected 14 the type, quantity and suppliers of the Equipment leased 15 hereunder. Lessee shall ensure that all Equipment is properly 16 invoiced to Lessor. Lessor shall insert the serial number, 17 descriptive material, Equipment Cost, and other relevant matters 18 on an appropriate Lease Schedule. LESSOR SHALL NOT BE LIABLE 19 FOR, NOR SHALL THE VALIDITY OF THIS LEASE, OR ANY LEASE S~HEDULE 20 BE AFFECTED BY ANY DELAY IN OR FAILURE OF DELIVERY OF SAID 21 ORDERED EQUIPMENT. Lessor shall have no duty to inspect the 22 Equipment. If the Equipment is not properly installed, does not 23 operate as represented or warranted by any supplier or is 24 unsatisfactory for any reason, Lessee shall make any claim on 25 account thereof solely against said supplier. LESSEE HEREBY 26 ASSUMES THE RISKS, BURDENS AND OBLIGATIONS TO ANY SUPPLIER ON 27 ACCOUNT OF NONACCEPTANCE OF THE EQUIPMENT AND/OR CANCELLATION OF 28 4 1 THE LEASE AND UPON THE OCCURRENCE OF SUCH EVENT LESSOR WILL 2 ASSIGN, WITHOUT RECOURSE OR WARRANTY, ITS RIGHTS AND TITLE TO 3 SAID PURCHASE ORDER AND ANY INVOICES TO LESSEE. 4 7. USE AND MAINTENANCE. Lessee agrees to use the Equipment 5 in a careful and proper manner, and to comply with and conform to 6 all federal, state, municipal, and other laws, ordinances and 7 regulations applicable in any way to the possession, use or 8 maintenance of the Equipment and to comply with and observe all 9 conditions of coverage of any policy of insurance maintained 10 thereon by Lessee, all operation and maintenance instructions and 11 manuals and customary trade practices applicable to the 12 Equipment. The Equipment shall only be used by qualified (and if 13 required by law or regulation, duly licensed) employees of 14 Lessee. Subject to the foregoing, Lessee shall be entitled to 15 unlimited use of the Equipment and to operate the Equipment at 16 any time and for any period of time at the convenience of Lessee 17 and Lessee may use the Equipment for such purposes and functions 18 as it may deem necessary or convenient. 19 8. CLAIMS AGAINST SUPPLIERS. Lessor authorizes and 20 appoints Lessee to enforce, in its own name, any claim warranty, 21 agreement or representation which may be made against any 22 supplier of said Equipment. BUT LESSOR MAKES NO EXPRESS OR 23 IMPLIED WARRANTIES AS TO ANY MATTER WHATSOEVER, INCLUDING, 24 WITHOUT LIMITATION, THE EXTENT OF OR ENFORCEABILITY OF ANY SUCH 25 CLAIM, WARRANTY, AGREEMENT OR REPRESENTATION. NO DEFECT OR 26 UNFITNESS OF THE EQUIPMENT SHALL RELIEVE LESSEE OF THE OBLIGATION 27 TO PAY RENT OR OF ANY OTHER OBLIGATION UNDER THIS LEASE. 28 5 1 9. DISCLAIMER OF WARRANTY. LESSOR, NOT BEING THE 2 MANUFACTURER OR SUPPLIER OF ANY OF THE EQUIPMENT NOR A DEALER IN 3 SIMILAR EQUIPMENT, HAS NO~ MADE AND DOES NOT MAKE:ANY 4 REPRESENTATION, WARRANTY, OR COVENANT, EXPRESS OR IMPLIED, WITH 5 RESPECT TO THE DESIGN, DURABILITY, FITNESS FOR USE, SUITABILITY 6 OR MERCHANTIBILITY OF THE EQUIPMENT IN ANY RESPECT, AND AS 7 BETWEEN LESSOR AND LESSEE, ALL EQUIPMENT SHALL BE ACCEPTED AND 8 LEASED BY LESSEE "WHERE IS" "AS IS" AND "WITH ALL FAULTS", AND 9 LESSOR SHALL NOT BE RESPONSIBLE FOR ANY PATENT OR LATENT DEFECTS 10 THEREIN. LESSEE AGREES TO SETTLE SUCH CLAIMS DIRECTLY WITH THE 11 SUPP~IERS AND WILL NOT ASSERT ANY SUCH CLAIMS AGAINST LESSOR. 12 10. TITLE. Title in or to said Equipment shall not pass to 13 Lessee, except in accordance with the terms, conditions and 14 provisions of this Lease and pursuant to the rights herein 15 expressly granted to Lessee. Lessor and Lessee do not intend nor 16 admit that this Lease is intended as security, but to the extent 17 (at any time or from time to time), if any, that this Lease is 18 asserted to be or have been intended as security, Lessee and 19 Lessor intend and agree that Lessee hereby grants a security 20 interest to Lessor in the equipment leased hereby, the proceeds 21 of any sale, assignment, lease, or sublease thereof, and, any 22 other rights Lessee may have in or to said equipment or proceeds. 23 At the expense of Lessee, Lessee agrees to cooperate with Lessor 24 in executing such financing statements or other documentation 25 required by law, the U.C.C. or otherwise to protect Lessor's 26 title and rights to said Equipment and Lessee irrevocably 27 authorizes Lessor to file financing statements signed only by 28 Lessor in all jurisdictions where permitted by. law. 6 .' 1 11. ALTERATIONS. Lessee shall notify Lessor and shall make 2 all alterations, modifications, additions or attachments deemed 3 necessary by any federal, ...state or local governmental agency for. 4 the continued usefulness of the Equipment. Lessee is hereby 5 given the right, at its sole expense, to make other alterations, 6 modifications, additions or attachments to the Equipment so long 7 as the value or the usefulness of the Equipment is not reduced 8 thereby. Lessee shall not alter, remove, deface, destroy or 9 permanently cover any manufacturer's nameplate, serial number or 10 other similar distinguishing number or mark on the Equipment. 11 Except as otherwise agreed by Lessor, all alt~rations, 12 modifications, additions and attachments of whatsoever kind or 13 nature made to the Equipment shall immediately be subject to all 14 the terms of this Lease. 15 12. LABELS. If Lessor supplies Lessee with labels, plates 16 or other markings showing Lessor's interest in the Equipment, 17 Lessee shall affix and keep the same affixed to each separately 18 placed or housed component thereof in a prominent place thereon. 19 13. LOSS AND DAMAGE. Lessee shall assume and bear risk of 20 loss and damage (including any governmental requisition, 21 condemnation or confiscation) to the Equipment and all component 22 parts thereof from any and every cause whatsoever, whether or not 23 covered by insurance. No loss or damage to the Equipment or any 24 component part thereof shall impair any obligation of Lessee 25 under this Lease, which shall continue in full force and effect 26 except as hereinafter expressly provided. Lessee shall repair or 27 cause to be repaired all damage to the Equipment. In the event 28 7 ~ 1 2 3 4 5 6 7 8 9 that all or part of the Equipment shall, as a result of any cause whatsoever, become lost, stolen, destroyed, or rendered irreparably: unusable or damaged, as determined by Lessee, the Lessee shall within ten (10) days after it shall have made such determination, fully inform Lessor in regard thereto and shall pay Lessor the remaining rentals due as of the date of payment thereof, and all rentals and other sums past due or becoming due to and including such payment date, in respect of such Equipment. Upon payment of said amounts, the Lease Schedule shall terminate 10 as to said Equipment. 11 14. INSURANCE. Commencing at such time as any risks pass 12 to Lessor from any supplier of the Equipment and continuing 13 thereafter, until Lessee has delivered possession of the 14 15 16 Equipment to Lessor, or as otherwise herein provided, Lessee at its expense, agrees to and shall keep the Equipment adequately insured with responsible insurers satisfactory to Lessor, and 17 said insurance shall protect all interest of Lessor and be for 18 such risks, including the liability of Lessor for public 19 liability and property damage, and be in such amounts and ~orm as 20 Lessor may require. Said insurance shall name Lessor as an 21 insured or additional insured and shall not be excess over other 22 coverage but shall be primar~ insurance up to and including the 23 stated policy limits. Said insurance shall cover the interest of 24 both the Lessor and Lessee-in the Equipment, or as the case may 25 be, shall protect both the Lessor and Lessee in respect to all 26 risks arising out of the condition, delivery, installation, 27 maintenance, use or operations of the Equipment. All such 28 8 1 2 insurance shall provide for ten (10) days prior written notice to Lessor of cancellation, restriction, or reduction of coverage. 3 All policies or certific~tes of insurance shall be deli~ered to 4 5 Lessor. Said insurance shall be in such amounts as Lessor may require. The proceeds of said loss or damage insurance shall be 6 payable to Lessor, but Lessor shall remit all such insurance 7 proceeds to Lessee at such time as Lessee either (i) provides 8 Lessor satisfactory proof that the damage has been repaired and 9 the Equipment has been restored to good working order and 10 condition or (ii) has paid to Lessor the amounts otherwise due to 11 Lessor on loss of such Equipment. 12 15. TAXES. Lessee shall be responsible for the timely 13 payment and discharge of all license or registration fees, 14 assessments, sales and use taxes, rental taxes, gross receipts 15 taxes, personal property taxes and other taxes now or hereafter 16 imposed by any federal, state or local government upon the 17 Equipment or upon the ownership, leasing, purchase, possession or 18 use thereof (whether the same be assessed to Lessor or Lessee). 19 Lessee shall pay and discharge at least ten (10) days befQre 20 delinquency any and all such fees, assessments and taxes directly 21 to the proper levying authority, unless otherwise required by law 22 or otherwise directed from ti~e to time by Lessor. Lessee shall- 23 pay to Lessor the amount of any taxes billed to or otherwise 24 remitted by Lessor within ten (10) days of notice thereof. 25 Lessee, upon notice to Lessor, may, in Lessee's own name and at 26 Lessee's expense contest or protest any such taxes. Lessee 27 shall, in addition, be responsible to Lessor for the payment and 28 9 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 discharge of any penalties or interest. Nothing herein shall be construed to require Lessee to be so responsible for any federal or state taxes, or payments in lieu thereof, imposed upon or measured by the net income of Lessor or, except as provided hereinabove, any penalties or interest resulting from Lessor's failure to timely remit such tax payments. 16. LIENS AND ENCUMBRANCES. Lessee will at all times protect and defend, at its own cost and expense, the Lessor's interest in the Equipment and keep the Equipment free and clear from all claims, liens and processes and other encumbrances, except (i) the rights of Lessor and Lessee hereunder, (ii) liens for taxes either not yet due or being contested in good faith and by appropriate proceedings, so long as such proceedings do not involve any danger of the sale, forfeiture or loss of the Equipment, and (iii) inchoate materialmen's, mechanic's, workmen's, repairmen's, employees or other like liens arising in the ordinary course of business and not delinquent, and (iv) liens and encumbrances arising from the acts or omissions of Lessor which are not otherwise the responsibility of Lessee hereunder. 17. INDEMNITY. Lessee assumes liability for and hereby agrees (whether or not Lessor is otherwise insured thereon) to indemnify, protect, save and keep harmless Lessor and its agents and employees from and against any and all liabilities, obligations, losses, damages, penalties, claims, tax claims actions, suits and proceedings, including legal expenses and reasonable attorneys' fees, of whatsoever kind and nature, 10 : 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 imposed on, incurred by or asserted against Lessor because of the manufacturer, purchase, transportation acceptance, ownership (including absolute or str:ict liability in to~ts, contract or otherwise) use or rejection of the Equipment (including, without limitation, latent and other defects, whether or not discoverable by Lessor or Lessee), and any claim for patent, trademark or copyright infringement. 18. LESSOR'S PERFORMANCE OPTION. Should Lessee fail to make any payment or to do any act as provided by this Lease, then Lessor shall have the right (but not the obligation), without notice to Lessee of its intention to do so and without releasing Lessee from any obligation hereunder, to make or to do the same, to make advances to preserve the Equipment or Lessor's interest thereto, and to pay, purchase contest or compromise any insurance premium, encumbrance, charge, tax lien or other sum which in the judgment of Lessor appears to affect the Equipment or the interest of Lessor thereto, and in exercising any such rights, Lessor may incur any liability and expend whatever amounts in its absolute discretion it may deem necessary therefor. All s~ms so incurred or expended by Lessor shall be due and payable by Lessee within ten (10) days of notice thereof. 19. ASSIGNMENT. Any transfer, assignment, sublease, conveyance or pledge of Lessee's interest in and to this Lease or the Equipment, whether by operation of law or otherwise, without the prior written consent of Lessor, shall be void. Lessor, its successors and assigns, may assign this Lease and/or grant security interests therein or in the Equipment, in whole or in part, without notice to Lessee. ~l 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 20. SURRENDER OF EQUIPMENT. Unless Lessee exercises its option to purchase under Paragraph 25 hereof, at Lessor's request, upon expiration .or earlier termination of this Lease, or any renewal or extension thereof with respect to the Equipment, Lessee shall return the same to Lessor in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof alone excepted (a) by delivery of the same at Lessee's cost and expense to such place as Lessor shall specify within the county where said Equipment is located, or (b) by loading the same within the county where said Equipment is located at Lessee's cost and expense (including fully prepaid insurance) on board such carrier as Lessor shall specify and shipping the same, freight collect, to the destination designated by Lessor. Lessee shall be responsible, at its expense, for the proper and adequate packing and crating of the Equipment, which shall include, if necessary to preserve any warranties or agreements in respect to the Equipment, the supervision and/or handling of said packing and crating by manufacturer's representatives. Nothing herein shall prevent Lessor from abandoning any or all of the Equipment in place upon the expiration of Lease terms without any liability therefor to Lessee. 21. EVENTS OF DEFAULT. The occurrence of any of the following events shall, at the option of Lessor, constitute an event of default under this Lease: (a) The nonpayment by Lessee of any rental payment when due, or the nonpayment by Lessee of any other. sum required 12 1 hereunder to be paid by Lessee, which nonpayment continues for a 2 period of ten (10) days following written notice thereof from 3 Lessor. 4 (b) The failure of Lessee to perform any other term, 5 covenant or condition of this Lease which is not cured within ten 6 7 (10) days after written notice thereof from Lessor. (c) The failure of Lessee to meet Lessee's bond or other 8 material credit obligations when required under the instrument(s) 9 evidencing such obligations. 10 (d) The determination that any of Lessee's representations 11 or warranties made herein or on any statement or certificate at 12 any given time in writing pursuant hereto or in connection 13 herewith are false or misleading in any material respect. 14 22. REMEDIES. Should any event of default occur and be 15 continuing, Lessor may without retaking possession of the leased 16 property, hold Lessee liable for all rents and other sums which 17 shall become due thereafter under the terms of this Lease and may 18 recover such sums from Lessee from time to time as they become 19 due or at any time thereafter (subject to any applicable ~tatutes 20 of limitation), or Lessor may retake (by Lessor, independent 21 contractors, or by requiring Lessee to assemble the Equipment for 22 Lessor) possession of the Equipment (without liability to Lessee 23 therefor~ which is hereby expressly waived) and either: 24 (a) Retain possession of the Equipment and terminate this 25 Lease by giving Lessee ten (10) days written notice to that 26 effect, in which event Lessee shall be liable for all rents and 27 othei sums accrued and unpaid prior to such termination. .U 13 1 (b) Lease the Equipment to a third party for the account of 2 Lessee and recover from Lessee any deficiency between the rents 3 provid~d for herein as they fall: due and those received from such 4 third party. 5 (c) Sell such Equipment at public or private sale, in which 6 event Lessee shall be liable to Lessor in the amount, if any, by 7 which the Net Proceeds of sale shall be less than the present 8 value of the then balance of rentals and interest due on the 9 Equipment. Lessor's pursuit and enforcement of anyone or more 10 remedy shall not be deemed an election or waiver by Lessor of ~ny 11 other remedy. Notwithstanding any other provision of this 12 agreement, it is understood that Lessor's pursuit of any remedy 13 or remedies shall conform with Article XVI Section 18 of the 14 California Constitution. Any Net Proceeds received by Lessor in 15 excess of all remaining rents and other amounts due Lessor 16 hereunder shall be received for the account of Lessee but Lessor 17 shall have no liability for interest thereon. Lessor shall not 18 be entitled to recover a greater amount in damages than Lessor 19 could have gained by receipt of Lessee's full, timely and - 20 complete performance of its obligations pursuant to the terms of 21 this Lease. In addition, Lessor shall attempt in good faith to 22 mitigate its damages, but Lessor shall not be obligated to sell 23 or re-lease the Equipment and in the event of any such sale 24 Lessor may bid upon and purchase any of the Equipment. Any sale 25 or re-lease may be held at such place or places as are selected 26 by Lessor with or without having the Equipment present. Any such 27 sale-or re-lease, may be at wholesale or retail, in bulk or in 28 14 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 parcels. Time and exactitude of each of the terms and conditions of the Lease are hereby declared to be of the essence. Lessor may accept past due payments without modifying the terms of this lease and without waiving any further rights of Lessor hereunder. Except as e~pressly provided herein: neither Lessor nor Lessee shall be liable to the other for any consequential or incidental damages. 23. LOCATION. The location of the Equipment shall be as hereinabove set forth and Lessee shall not remove said Equipment therefrom without the prior written consent of Lessor. 24. INSPECTION BY LESSOR. Lessor, its agents or employees, shall at any and all reasonable times during business hours have the right to enter into and upon the premises where any Equipment may be located for the purpose of inspecting the same or observing its use. 25. PURCHASE OPTION. Upon Lessee's repayment of all rents and other sums provided for in any Lease Schedule and upon the termination of the Lease term or any renewal thereof, all the right, title and interest of Lessor in and to the Equipment set forth in its Lease Schedule shall vest in and become the property of said Lessee upon payment of One Dollar ($1.00) and said Lessor covenants that it will thereupon execute to Lessee, a Bil~ of Sale of all its right, title and interest in and to the Equipment under said Lease Schedule as evidence of said transfer of title. Anything in this Master Lease to the contrary notwithstanding, all replacements, equipment, repairs or accessories made to or placed in or upon said Equipment shall become a component. part 15 1 thereof and title thereto shall be immediately vested in Lessor 2 and shall be included under the terms hereof. All advances made 3 by Lessor to preserve saiQ Equipment or the interest of Less~r 4 therein, including attorney's fees, or to pay insurance premium 5 for insurance thereof or to discharge and pay any taxes, liens or 6 encumbrances thereon shall be added to the unpaid balance of 7 rentals due hereunder and shall be repayable by Lessee to Lessor 8 immediately upon demand, and, if not paid upon demand, shall bear 9 interest at the rate of ten percent (10%) per annum until paid. 10 26. INTEREST. Any amounts required to be paid by Lessee 11 pursuant to this Lease and not paid when due (except as extended 12 in Paragraph 21(a) hereinabove) shall bear additional interest at 13 the greater rate (compounded annually and based upon a year 14 having 365 days, actual day months) of (1) Lessor's then highest 15 cost.of funds or ten percent (10%) per annum. 16 27. HEADINGS. Section headings herein are used for 17 convenience only and shall not otherwise affect the provisions of 18 this Lease. 19 28. EFFECT OF WAIVER. No failure or delay on the part of 20 Lessor in the exercise of any power, right or privilege hereunder 21 shall operate as a waiver thereof, nor shall any single or 22 partial exercise of any such power, right or privilege preclude 23 other or further exercise thereof of any other right, power or 24 privilege. All rights and remedies existing under this Master 25 Lease are cumulative to, and not exclusive of, any rights or 26 27 28 remedies otherwise available. 16 1 2 3 4 5 29. SURVIVAL OF WARRANTIES. All agreements, representations and warranties of Lessee made herein shall survive the termination of this Master Lease and any Lease Schedule. 30. APPLICABLE LAW. This Master Lease, the Lease Schedules (j 7 8 and all documents issued or executed pursuant thereto and the rights and obligations of the parties thereunder and hereunder shall be governed by the laws of the State of California. If any 9 provision of this Lease or any remedy provided herein be invalid 10 under any applicable law, such provision shall be inapplicable 11 and deemed omitted, but the remaining provisions of this Lease 12 shall be and remain effective in accordance with their terms. 13 THIS MASTER LEASE MAY ONLY BE AMENDED OR MODIFIED BY AN 14 INSTRUMENT IN WRITING SIGNED BY A DULY AUTHORIZED REPRESENTATIVE 15 OF THE PARTY TO BE CHARGED THEREBY. LESSEE UNDERSTANDS AND 16 AGREES THAT NEITHER THE SUPPLIER NOR ANY SALESMAN IS AN AGENT OF 17 LESSOR, AND NO SUCH SUPPLIER OR SALESMAN IS AUTHORIZED TO ALTER, 18 AMEND OR ADD TO ANY TERM OR CONDITION OF THIS MASTER LEASE, AND 19 NO REPRESENTATION AS TO THE EQUIPMENT OR ANY OTHER MATTER..BY ANY 20 SUPPLIER OR SALESMAN SHALL IN ANY WAY AFFECT LESSEE'S DUTY TO PAY 21 22 RENT AND PERFORM ITS OTHER OBLIGATIONS AS SET FORTH HEREIN. 31. COUNTERPARTS. This Master Lease may be executed in any 23 number of counterparts, each of which shall be deemed an 24 original, but all such counterparts together shall constitute but 25 one and the same instrument, except to the extent, if any, that 26 this Master Lease constitutes chattel paper, no security interest 27 therein may be created except through the transfer or possession 28 17 1 of the original counterpart, which may be so identified by 2 Lessor. 3 4 32. NOTICES. All cQrrespondence, paym~nts and/or notices required or permitted to be given shall be in writing, and may be 5 personally served or sent by United States mail with postage 6 prepaid and properly addressed. For the purposes hereof, the 7 addresses of the parties hereto (until notice of a change thereof 8 is served as provided in the preceding sentence) shall be as 9 follows: 10 LESSOR 11 SECURITY PACIFIC CAPITAL LEASING CORPORATION 12 Post Office Box 7722 San Francisco, CA 94120 13 14 LESSEE CITY OF SAN BERNARDINO, CALIFORNIA 250 West Cluster Street San Bernardino, CA 92408 33. REPOSSESSION. LESSEE ACKNOWLEDGES THAT, PURSUANT TO 15 PARAGRAPH 22 HEREOF, LESSOR HAS BEEN GIVEN THE RIGHT TO REPOSSESS 16 THE EQUIPMENT SHOULD LESSEE BECOME IN DEFAULT OF ITS OBLIGATIONS 17 HEREUNDER. LESSEE HEREBY WAIVES THE RIGHT, IF ANY, TO REQUIRE 18 LESSOR TO GIVE LESSEE NOTICE AND A JUDICIAL HEARING PRIOR TO 19 EXERCISING SUCH RIGHT OF REPOSSESSION. 20 21 22 23 24 By Dated as of: October 3, 1988 25 26 27 28 SECURITY PACIFIC CAPITAL LEASING CORPORATION "LESSOR" CITY ..,. tfL/ 4185 1: AJ' J /7 ~~'1/f / .u Y ,'/7/;d((f;''' /Y~&v'~/'" ,',/ //V / (Titlj?" / By i /,,'~ il/): (~~t it //1, " (/ . cri tIe) 18 EXECUTED COUr~TERP ;'>>* . " ~ 3 .By 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 SECU~ITY'PACIFIC CAPITAL LEASING CORPORATION - MASTER LEASE OF PERSONAL PROPERTY , . 1 2 Approved as to form: 19 EXECUILU COUI\~ltl'\ri~'i' i CITY OF San Bernardino PURCHASING' STORES DIVISION o E A N R:' M E: E C H PUR C HAS I N G ' A" G E N T August 23, 1988 Dear Sir: Please furnish on this form a Lease Purchase Quotation per the following particulars. Project to Finance: 1. 8,000 each 90 gallon refuse containers for an automated truck pick-up system. Amount to finance: $411,534.40 Vendor: Kirk Rotational Molding Co. 2. Three 36 cubic yard front loader refuse vehicles. Bid: F-88-16 Amount to finance: $315,023.52 Vendor: Engs Motor Truck Co. 3. Parti a 1 fi nanci ng of uni nterrupted power system (to protect computer, police & fire dispatch and telecommunications). Bid: F -88-17 Amount to finance: $76,000.00 Bid: N/A Thank you for your quick response. Sincerely, 250 WEST CLUSTER STREET. SAN BERNARDINO. CALIFORNIA 92408 714/384.5085 nnnn1 CONDITIONS 1. Down payment or balloon payments are not acceptable. 2. Use of reserve amount or buy down account not acceptable. 3. The City of San Bernardino will not allow private placement to public market of any lease obligation. 4. Quote accordingly. Indicate under 10 million tax exempt debt rate or over 10 million tax exempt debt rate D ~ This quote required by 9/9/88 (Date) SECURITY PACIFIC LEASING CORPORATION (Company) Robert C. Humber (Contact) (714) 641-3235 (Phone) September 7, 1988 (Date) I .:: ~ ...-.:: :C7 l :~':;'r ---1 C.J C")-< r i 1 c./) ~~ ~.o j'r, ~-T' C'" -0 ) ~U) f"j )' , (.J cJ~ .... CJo:J ::! n-r - f ;"; -oC'j -...... l::. :::~.. C~) t':Y ::0 -.- l:-. :::! ::tJ ~-- r;o ~ :'.: - I INFORMATION FORM You will help us provide a more efficient service to you by completing the information request below and returning this form to us along with the Commitment Letter. 1) Billing Address (the location where you want Security Pacific to send your invoice for lease rentals): Name: CITI OF SAN BEP.NARDIl'D, CALIFORNIA Address (a): Address (b): City: State: Zip Code: (a) Use for street address, P.O. Box, division, attention of, etc. (b) Use only if (a) is not sufficient. 2) Federal Tax Payer I.D. Number (9 digits): 3) Accounts Payable Supervisor: Name: Telephone: . - Please quote each separately and all together. 1. 5 Year Lease....Effective ^nnual Percentage Rate % 7.25 Semi-Annual in Arrears Payment...................$ 49,795. 72 Total Payout.....................................$ 497,957.20 Rate Good Until................................... 12-31-88 2. 5 Year Lease....Effective Annual Percentage Rate %7.25 so A 1. APt $ 38 117 89 eml- nnua 1 n rrears aymen. · · · · · · . · · . · . · . · . · · ' · Total Payout.....................................$ 381,178.90 Rate Good Until................................... 12-31-88 3. 5 Year Lease....Effective Annual Percentage Rate % 7.25 Semi-Annual in Arrears Payment...................$ 9,196.01 Total Payout.....................................$ 91,960.10 Rate Good Until................................... 12-31-88 All: 5 Year Lease fiXtKOOtx. ~t.f.~~t i-Y~. .I?yfF~.Ir~9g~. .I~q$e 7. 25 % Semi-Annual in Arrears Payment...................$ q7 10Q (\1 Total Payout.....................................$ q71 ,Oq(\ 10 Rate Good Until................................... 12-31-88 .0 SECURITY PACIFIC CAPITAL LEASING CORPORATION ~ ~. ~~\Yl@~~~ EXECUTIVE OFFICES: FOUR EMBARCADERO CENTER. SUITE 1200 . SAN FRANCISCO. CALIFORNIA 94111 · P.O. BOX 7T2.2 (94120) · TEL. (415) 765-7300 COMMITMENT FEE BILLING INVOICE Date: October 3, 1988 CITY OF SAN BERNARDINO, CALIFORNIA 250 West Cluster Street San Bernardino, California 92408 Attention: Mr. Dean Meech Purchasing Agent Master Lease Number: 44185 Invoice Number: 890LGM Two percent (2.0%) Commitment Fee, as required in the "Commitment Fee" section of the Commitment Letter dated October 3, 1988 due upon receipt $ 16.060.00 Please make check payable to SECURITY PACIFIC LEASING CORPORATION and return it with the duplicate copy of this invoice upon receipt. Thank you. PLEASE RETURN A COPY OF THIS INVOICE WITH YOUR PAYMENT t- w W :t: l/) >- ~ c:( :E: :E: :::> V) o ..... aJ ,.. ~ . l/)I 0:::1 wi 01 01 ......1 ~I 00 00 00 CO 00 CO 00 O'l ....J 00 00 eo eo eo eo eo eo W Q ..... I I I I I I I I t-ot- 0 0 N r- 0) 0 ......t ......t c:(OZ M M N 0 0 ......t M 0 0::: <..!:J => I I I I I I I I O'l O'l 0 0 0 0 N M ......t ......t ......t ......t ......t 0 Z 0 ....... ....J 0 ....J ....... LO ....J 0::: ....... CO ~ LO ......t O'l ~ LO N ....JW::E 0 r- OO ~ ~ N LO e:(:> 0 r- 0 0 0 X 0 0 0 00 Z 00 r- r- r- r- OO ......t Z 0 ....... 0::: ....J 0 ....J W ....J ....... 00 ....J 0 ....... CO M LO O'l LO N c:(Z::E 0 r- ~ ~ LO :::> 0 r- 0 X 0 0 >< >< 0 0 Z 00 r- r- OO ......t .... . ___t><...._.....-......... Z 0 M ....... ~ 0::: ....J 0 0 0 LLJ ....J ....... N 0 ..... ~ LO ....... ::E:>...... CO O'l 0 CO ~ N CO LLJO::E X 0 0 X 0 0 t- O 00 0 0 r- r- 0 ....... 0 Z ......t Z Z ......t Z 0 ....... 0 M ....J 0 0 ....... ""== 0::: ....J ....... N ....... LO CO W...... CO O'l CO 0) ::EO::E X 0 X 0 >< X 0 LLJ Z 0 00 0 r- Z J-=>O Z Z ....... ......t Z 0 N ....... ~ ....J 0 0::: ....J ....... LO 0 LO ~ LO 00 ::EW...... CO r- 0 r- ~ N ~ W:>:E: X 0 0 0 >< 0 0 0 t-O 0 00 00 r- r- r..... eo ..... 0 Z ......t Z 0 N ....... ""== 0::: ....J 0 W ....J ....... LO LO LO 00 ::EO...... CO r- r- r- ~ LLJZ::E >< 0 X 0 0 >< X 0 J-=> 0 00 r- r- OO ....... 0 Z ......t Z 0 0 ......t ....... ...... LO 0 0 ~ LO N ~ ....J CO r- 0 LO ~ N ~ 0::: ....J X 0 0 0 X 0 0 0 ::EW...... 0 00 00 00 r- r- OO' LLJ:>::E Z J-O ....... 0 ......t Z 0 ......t ....... ""== 0::: ....J 0 W ....J ....... ::EO....... CO >< LO >< 0 LO >< X N WZ::E r- LO r- ~ J-=> 0 . 0 . 0 ....... 0 Z 00 00 r- OO ......t . U 0.. 0 Z 0::: U I- U . ....... 0 0 ....... ....... U U l/) 0 ....J Z ....J l/) W CO ....... e:( J- e:( 0::: => Z I- Z ...... U 0.. 0 .. ...... 0 0 <..!:J ....... 0 0.. ....... W Z W>- ....JI- U e:( U I- 0::: ....... I-Z e:(e:( U ....... e:( U l/) e:( c:( J-O::: c...!J It.. 0::: e:( t- 0.. .......0 Z . ....... 0 e:( ..u V" u..i '-'~I ~ U. 0- ...... 0- (,..) 0... L.. U ::E LLJ ....J 0::: 0 0::(0::: 0 0::: e:( 0::: 0...... c:( :3: LLJU WO ...J Z 0 0.. 0 0::: Z 0 ....J J- U c:( :::> U u O. LLJ CO e:( ZW 0::: I- lL. >- 0::: :::E 0::: 0.. .......U Wc...!J _ U I- c...!J o e:( 0 >- ...... ::z ....J Z 0.. ....J _ _ Z U 0 W U J-c:( l/) _ e:( c:( It.. LX _ :c Z Z _ l/) ....... >- Q U U ....... => l/) _I- W I- z 0::: ....J 0::: Z l/) U U c:( 1-0::: :> ...... => _ ....J :t: => W ....... e:( LLJ tLJ .......0 0.. :::E lL.e:( Ult.. c...!J lL. 0.. l/) ....J UZ ""== 0::: 0 Cl :z ......t N M ~ LO ~ r- eo 0) W :> ......t o o 0'1 0.. ....J o o Z :z: o H ~ U H l.L.. ...... U W 0.. l/) ...~ ~ ~ - I , ~ \ LJ ) // J/ BERNARDINO 300 NORTH "0" STREET, SAN BERNARDINO, CALIFORNIA 92418 JAMES F. PENMAN CITY ATTORNEY (714) 384-5355 February 27, 1989 Security Pacific Capital Leasing Corporation P.o. Box 7722 San Francisco, California 94120 Gentlepersons: I am counsel to the City of San Bernardino (the "Lessee"), and, in that capacity, we have examined the Master Lease of Personal Property Agreement and Commitment Letter ("Agreement") both dated October 3, 1988 between the Municipality and Security Pacific Capital Leasing Corporation ("Lessor"). 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 Lessee 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 Lessee's true and exact name is the City of San Bernardino. (c) The Agreement has been duly authorized, executed and delivered by Evlyn Wilcox, Mayor of City of San Bernardino, and constitutes a valid, legal and binding agreement, enforceable in accordance with its terms; (d) The Lessee qualifies as a "political subdivision" within the meaning of subsection (a) and (c) to Section 103 of the ~!RESS , Security Pacific Capital Leasing Corporation February 27, 1989 Page Two Internal Revenue Code and that this transaction will constitute an obligation of the Lessee within the meaning of said subsections. truly yours, 1- ;I~~ MES F. PENMAN ty Attorney .' CITY OF SAN BERNARDINO - MEMORANDUM ~. To Sauna Clark, City Clerk Subject Lease Purchase for Bid F-88-16 and F-88-17 From Dean R. Meech, Purchasing Agent Date January 27, 1989 Approved Date Attached is the Customer Copy of Securi ty Paci fi c Leasi ng Corporati on signed documents concerning lease Purchase Agreement #4185 for Bid F-88-16 and F-88-17 refuse containers and front 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. >1.0pi ni on/Of, Counci" and proof of insurance are requi red 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 assi stance I can offer is at your di sposa 1. Any effort you can exercise to effect a complete closed transaction would be appreciated. 4l1/~ Dean R. Meech, Purchaslng Agent PRIOE ",1 IN PROGRESS ...(~~, -. i , .. ~~~>",Yi . ~ . 1 RESOLUTION NO. 88-470 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A FIVE (5) YEAR LEASE PURCHASE AGREEMENT TO SECURITY PACIFIC LEASING 3 CORPORATION FOR THE FINANCING OF 8,000 EACH NINETY (90) GALLON REFUSE CONTAINERS, THREE (3) EACH 36 CUBIC YARD FRONT LOADER 4 REFUSE VEHICLES AND THE UNINTERRUPTED POWER SYSTEM IN ACCORDANCE WITH LEASE PURCHASE QUOTATION LP9001. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1: That Security Pacific Leasing Corp. is the 8 lowest and best responsible bidder for the financing of 8000 each 9 ninety (90) gallon automated refuse containers, three (3) each 36 10 cubic yard front loader refuse vehicles and the Uninterrupted 11 Power System in accordance with Lease Purchase Quotation LP9001 12 for the total amount of $802,557.92; pursuant to this 13 determination, the City Attorney is hereby authorized and 14 directed to prepare the necessary lease purchase transaction 15 documents for said financing of 8000 each ninety (90) gallon 16 automated refuse containers, three (3) each 36 cubic yard front 17 loader refuse vehicles and the Uninterrupted Power System to 18 said lowest and best responsible bidder Security Pacific Leasing 19 Corp.; such award shall only be effective upon the issuance of an 20 agreement by the Mayor of the City of San Bernardino; and all 21 other quotations therefor are hereby rejected. 22 SECTION 2: No other transactions mall be initiated under 23 the Master Lease contained in this agreement without the prior 24 approval of the Mayor and Common Council. 25 SECTION 3: The Director of Finance, Purchasing Agent and 26 the City Attorney are hereby authorized to execute such documents 27 as are necessary for the administration of this transaction. 28 JFW:ss 1 November 23, 1988 ~SO: AWARDING A FIVE YEAR LEASE PURCHASE AGREEMENT TO SECURITY PACIFIC LEASING CORPORATION , . 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the Ci ty of San 3 Bernardino at a _-I..~lar meeting thereof, held on the 4 _5th_ day of __~cember____ 19~__ by the following 5 vote, to wit: 6 7 AYES: COUNCIL MEMBERS __~~~Q~_~iU~~X~~~~______ 8 Minor. Miller 9 NAYS: None 10 ABSENT: Cot1n~; 1 Memher~ MrHld~ ley, Pope-Ludlam 11 12 ~ ... ~.' ; ~ - ?d//J~~Y~~/ City Clerk 13 14 9c~ The foregoing resolution is hereby approved this ~9_(_'f_. ~Yn f1~,~&H City of San Bernardino 15 day of December 16 17 18 19 20 Approved as to form and le~al conte~t: . ~ 7. jg.y~~ ?~.,.y Attorney ,J 21 22 23 24 25 26 27 .- . 28 JFW:ss 2 November 23, 1988 SECURITY PACIFIC CAPITAL LEASING CORPORATION ~;1 \D-:J~ ~'I~Y nc C''', 3"''''N - ./1 '1" '"w AC'''''l'. ... ,..... '.. ~. - ~ I _ I \ .-\ . \ t t I If I tl..:.~I.i~.::t fA SI~~~J iJEP AR T '~li h j ,~ ~ ,,'.....: =: ~..;;.:. J i , '--~~"'LJ EXECUTIVE OFFICES: FOUR EMBARCADERO CENTER. SUITE 1200 · SAN FRANCISCO. CA 94111 · Po. BOX 7722 (94120) · (415) 765.7300 L/'/ ~ ......./ October 3, 1988 CITY OF SAN BERNARDINO, CALIFORNIA 250 West Cluster street San Bernardino, California 92408 Attention: Mr. Dean Meech Purchasing Agent t..,":" -..- ;. I..-:J Gentlemen: We are pleased to inform you that, pursuant to your request, we are agreeable to entering into a leasin~ transaction with you in accordance with the terms of the Master Lease and other documentation enclosed herewith and upon the following additional terms and conditions. The capitalized terms used herein have the same meanings as set forth in the Master Lease. Lessor: SECURITY PACIFIC CAPITAL LEASING CORPORATION Lessee: CITY OF SAN BERNARDINO, CALIFORNIA Eauioment: various New Refuse related Equipment/ Power System Lessor reserves the right to approve any and all items of Equipment prior to any scheduling under this leasing line. This commitment specifically excludes any item or items of Equipment with a unit cost of less than $100.00. Cost of Eauipment: Estimated at: $803,000.00 Lessor has approved the leasing line hereunder for the full estimated cost. However, in the event of cost overruns, Lessor reserves the right to exclude undelivered and unaccepted t . ....,.. SECURITY PACIFIC CAPIT AL LEASING CORP. ~ . 2 Cost of Eauipment: (Continued) items of Equipment in order to stay within the estimated Cost, or to include such items and to adjust v~ the Rentals and rental rates on this overrun. Deliverv and Takedown: December, 1988 Eauipment Location: San Bernardino, California Term of Lease: Five (5) Years The Lease Term for each item of Equipment will commence on and as of the date of Acceptance of said Equipment by the Lessee. Interest Rate: Seven and 25/100 percent (7.25%) Rentals: Lessee will be required to make ten (10) equal consecutive semi-annual rental payments, each in arrears, at $121.00 per $1,000 of Equipment Cost. Should the proposed leased Equipment not be accepted by Lessee and the Lease Schedule not executed prior to the Expiration Date, referred to below, Lessor reserves the right to extend its commitment with respect to any portion of this transaction beyond the Expiration Date and/or to adjust the rentals. Property Taxes: Lessor intends to report for assess- ments all property located in California. Lessee shall reimburse Lessor (or upon Lessor's request, pay directly,) such California property taxes, including (except where caused solely by Lessor's. acts or omissions) any penalties, interest and costs of Lessor associated therewith. Purchase Option: At the expiration of the five (5) year lease term, Lessee shall have the option to purchase all of Lessor's right, title and interest in and to the Equipment for one dollar ($1.00) . t .. SECURITY PACIFIC CAPIT AL ~,. LEASING CORP. ~. 3 Insurance: Notwithstanding the language in Paragraph 14 of the Master Lease, so long as Lessee is not in default under the terms and conditions of said Lease, Lessee will have the right to self-insure for public liability and property damage, and risk of loss coverages on all Equipment leased pursuant to this commitment. Financina statements: Appropriate Financing Statement(s) will be required. A $10,000 minimum Equipment Cost .. requirement will apply on all lease scheduling under this commitment. Should Lessee request scheduling for amounts between $5,000 and $10,000, a $150.00 scheduling fee will be due and payable upon execution of the Lease Schedule. Lease Schedules: Financial Statements: Lessee's audited annual financial statements, including Fund Balances, are to be mailed to Lessor within ~ 120 days from Lessee's fiscal year ~ end as well as such other information as the Lessor may from time to time reasonably request, and Lessor (and its affiliates and their representative agents, employees, officers and directors) are hereby irrevocably authorized to interchange and utilize all credit information v' files and facilities in possession of Security Pacific Corporation, Security Pacific National Bank and their respective subsidiaries and affiliates and others as may be necessary or desirable for the analysis, processing, review and collection of any transactions with Lessee. It is hereby required that Lessee ~ supply Lessor with their June 30, 1987 fiscal year end financial statements prio~ to any funding under this transaction. ,/ << , iiiiiiiiiii'.. SECURITY PACIFIC CAPIT AL LEASING CORP. 4 Tax status Representation: Lessee represents that it is qualified as a "political subdivision" within the meaning of subsections (a) and (c) to Section 103 of the Internal Revenue Code of 1986 ("Code") and that this transaction will constitute an obligation of the Lessee within the meaning of said subsections. Lessee agrees to cooperate with Lessor in providing evidence as deemed necessary or desirable by Lessor to substantiate such tax status. Filina Reauirements: Lessee further represents that it shall comply with the filing requirements set forth in Section ~. 149(e) of the Code with respect to ~ this transaction and will provide Lessor with a copy of the filing when made. Copy of the filing is to be received by Lessor by no later than the fifteenth day of the second calendar month following the calendar quarter of funding. Should Lessee fail to make the filing in the manner/ or within the time required, Lessee shall indemnify Lessor for any resulting loss of Federal income tax exemption to the interest portion of the rental payments. Opinion of Counsel: Lessee shall provide Lessor with an opinion from Lessee's counsel stating that the Master Lease of Personal Property and other documents required of the Lessee hereunder have been duly authorized, executed and delivered by Lessee and that such documents are valid and binding obligations of the Lessee in accordance with their respective terms. In addition, the opinion shall confirm the true and exact name of Lessee. Such opinion shall also affirm that the Lessee qualifies as a "political subdivisionll within the meaning of subsections (a) and (c) to Section 103 of the Code and that this transaction will constitute an t , ~.. SECURITY PACIFIC CAPIT AL LEASING CORP. ~ . 5 Opinion of Counsel: (Continued) obligation of the Lessee within the meaning of said subsections. said opinion shall be delivered to Lessor prior to the commencement of said Lease and must be acceptable to Lessor's counsel. Lessee Representation: Lessee hereby warrants that this transaction does not violate. any ~. terms or conditions of any material v' credit agreement or any other agreements or instrument to which Lessee is a party. Commitment Fee: A $16,060.00 or two percent (2%) commitment fee is hereby required upon execution of this Commitment Letter. This fee is based upon the estimated total Cost of Equipment to be leased hereunder and will be applied to the first rental payment(s) on a pro rata basis as Equipment is leased. If the lease line is not ~. utilized, fully or in part, any ~ portion of the commitment fee not applied to rentals will be retained by Lessor in consideration of its work and commitment hereunder. Documentation: The following additional documents are necessary to this transaction: a) Master Lease of Personal Property (original and one copy) b) Leasing Resolution (original and one copy) c) Information Form (one copy) d) UCC Financing statement (one) e) Commitment Fee Billing Invoice (original and one copy) f) opinion of Counsel g) Copy of section 149(e) filing h) Financial statements Please execute items a through d above and return them to Lessor, along with items e through h, as soon as possible. Upon Lessor's acceptance, copies will be returned for Lessee's files. t . ~,. SECURITY PACIFIC CAPIT AL LEASING CORP. L. 6 When Lessee is ready for Lessor to order the Equipment, please advise Lessor and include the following necessary information: 1. A complete description of the Equipment, including model number, serial number, etc. 2. The cost, including a detailed breakdown of the unit cost of each individual item, installation and delivery costs, and all taxes. 3. The name, address, and phone number of the supplier. 4. Shipping and delivery instructions. 5. Any other relevant instructions. After Lessor has prepared its purchase order, Lessor will forward it to Lessee for review and execution. Upon receipt of the approved purchase order, Lessor will forward the original (supplier's copy) to the supplier. When properly invoiced, Lessor will prepare a Lease Schedule which V~. will be forwarded to Lessee for execution. Upon return of the properly executed documents, Lessor will then be in a position to make payments to the supplier(s). The form, substance and enforceability of all instruments required by Lessor in completing the transaction proposed in this Commitment Letter must be satisfactory to Lessor's legal counsel. Lessee agrees to give Lessor such evidence of compliance with the conditions of the Commitment Letter as such legal counsel may / require. Expenses incurred for or attributable to any significant . amount of lease negotiation, tailoring, or redrafting shall be for the account of the Lessee. Exoiration Date of This commitment: Lessor's obligation to acquire and fund Equipment hereunder, terminates and expires on December 31, 1988. If the Equipment has not been delivered at the above described Location and accepted by Lessee on Lessor's forms prior to the above Expiration Date, or there is, prior to said Expiration Date, in Lessor's opinion, an adverse change in Lessee's financial' condition since the date shown on the latest financial statement(s) which Lessee has furnished Lessor, then, at Lessor's option, Lessor ~' may terminate its obligations under this Commitment Letter as to any Equipment which has not theretofore been accepted by Lessee on Lessor's forms. This will be a non-cancelable net lease transaction whereby maintenance, insurance, full indemnification, property taxes, documentation costs and all items of a similar nature will be for Lessee's account. , . ~.. SECURITY PACIFIC CAPITAL LEASING CORP. ~., 7 It is understood that Lessor's obligations are contained only in this Commitment Letter and any amendment to it in writing, signed by Lessor's authorized officer. The provisions hereof supersede all prior and contemporaneous discussions, lease applications and proposals with respect to the transaction described herein. If Lessee agrees to enter into the leasing transaction and obtain Lessor's firm commitment on the terms set forth in this Letter and in the Master Lease, Lessee must indicate Lessee's acceptance by executing and delivering to Lessor, at Lessor's office in San " Francisco, California, the enclosed copy of this Letter within ~ ten (10) days from the date of this letter. Please be assured of our desire to give you the best and most efficient leasing service. Very truly yours, By PACIFIC CAPITAL LEASING CORPORATION .aM ACCEPTANCE: Lessee hereby agrees to enter into the leasing transaction described herein on the terms and conditions and with the agreements and covenants as set forth herein and agrees that this Commitment Letter shall constitute part of the Master Lease. CITY OF SAN BERNARDINO, CALIFORNIA Date By Dean R. Meech Title Purchasing hgent By Title Enclosures Robert Humber/SPLC I · II 1 MASTER LEASE OF PERSONAL PROPERTY 2 SECURITY PACIFIC 3 CAPITAL LEASING CORPORATION " herein referred to as 4 "Lessor", hereby leases to the undersigned "Lessee", and Lessee 5 hereby leases from Lessor the personal property (herein called 6 "Equipment") described below, upon the terms and conditions 7 nereinafter set forth: 8 1. DEFINITIONS. For all purposes herein, and for the 9 purpose of the documents executed pursuant hereto, the following 10 terms shall have the following meanings (such definitions to be 11 equally applicable to both the singular and the plural forms 12 thereof or to any gender thereof), unless the context indicates 13 otherwise: the 14 Ca) Commitment Letter. "Commitment Letter" shall mean-a- ,dated October 3, 1988 15 letter agreemen~between Lessor and Lessee describing Lessor's 16 commitment to Lessee to enter into the leasing transaction 17 described therein under and pursuant to the terms and conditions 18 of said Commitment Letter and this Master Lease and the 19 applicable Lease Schedule(s) and said Commitment Letter shall be 20 deemed incorporated herein and a part of this Lease and the 21 22 applicable Lease Schedule(s). Cb) Equipment. "Equipment" shall mean all that equipment 23 leased to Lessee pursuant to this Lease, as more fully described 24 in the Lease ScheduleCs) annexed or to be annexed hereto, which 25 must be and remain tangible personal property, and/or any unit or 26 part thereof, together with all additions, accessories, 27 attachments, components, spare parts thereto and rights as to 28 1 EXECUTEDCOUNTERPAR 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 warranty or indemnity from any sellers, suppliers, manufacturers, transporters or installers thereof. (c) Equipment Cost. "Equipment Cost" shall mean the aggregate cost of all Equipment leased to Lessee pursuant to the terms of this Master Lease, or the determinable coat of any unit or part thereof as indicated in the Lease Schedule(s) annexed or to be annexed hereto. Nothing herein shall prevent Lessor from increasing or decreasing said Equipment Cost on any Lease Schedule(s) in accordance with the provisions of Paragraph 4 hereof, to provide for any element of said Equipment Cost not reflected therein or to provide for purchase returns, allowances or adjustments thereon. (d) Lease Schedule. "Lease Schedule" shall mean a schedule of Equipment listing, describing and pricing at Equipment Cost, the Equipment leased, or to be leased upon Lessor's acceptance of Lessee's request therefor. (e) Master Lease. The terms "Master Lease of Personal Property", "Master Lease", and/or "Lease" and all references thereto, as used throughout this instrument, all Lease Schedules and all documents issued and executed pursuant hereto or thereto, shall mean this instrument as originally executed or if later extended, renewed, amended or supplemented, then as so extended, renewed, amended or supplemented. (f> Net Proceeds. In any sale by Lessor of the Equipment or any unit or part thereof, "Net Proceeds" shall mean the amount received in cash upon the sale thereof, less all expenses incurred by or for Lessor in connection with such. sale, including 2 .. . L 1 reconditioning and removal expenses, repair costs and 2 commissions, reasonable attorneys. fees and less all sums accrued 3 and unp~id to Lessor, pursuant to this Master Lease, to the date 4 of such sale. 5 2. LEASE. Lessee may, concurrently herewith and/or from 6 time to time hereafter, request the lease of Equipment pursuant 7 hereto. Upon the favorable review and acceptance of any such 8 request by Lessor under the terms of a Commitment Letter, or 9 otherwise, in whole or in part, and upon Lessor's receipt of 10 good, marketable and unclouded title in and to the Equipment, 11 said Equipment shall be leased pursuant to the terms of this 12 Master Lease. All items of Equipment leased by Lessor to Lessee 13 hereunder shall be identified on and .leased pursuant to its 14 appropriate Lease Schedule. Lease Schedules shall be separate 15 and consecutively numbered and shall be for amounts satisfactory 16 to Lessor. It is understood and agreed that units of Equipment 17 may be maintained or located at different business locations, may 18 be scheduled at different times, may be leased for different 19 periods, may require different rental rates and on account of any 20 such differences, such units shall, at the discretion of Lessor, 21 be leased pursuant to a separate Lease Schedule hereto, 22 notwithstanding that said units are combined in one request for 23 lease or may coexist at one single location. 24 3. RENT. The total rent payable hereunder, including 25 interest shall be the aggregate rent of and as set forth on each 26 and every Lease Schedule executed pursuant hereto. Lessee 27 prom1ses to pay Lessor said rent including interest as indicated 28 on the Lease ScheduleCs). 3 ~ '. 1 4. LEASE SCHEDULE ADJUSTMENTS. Lessor may make adjustments 2 for the benefit of Lessee to the Equipment Cost and total rental 3 listed on any Lease Schedule pursuant to the provisions of 4 Section l(c) hereinabove and/or Section 13 hereinbelow. Periodic 5 rental payments shall also be proportionately adjusted, so that 6 the adjusted total rental will be paid in full by the end of the 7 Lease Schedule term. Lessor will give Lessee notice of any such 8 adjustment within ten (10) days thereof. 9 5. TERM. The term of each Lease Schedule shall be and 10 continue for the time therein provided, or for any renewals or 11 extensions thereof unless earlier terminated pursuant to the 12 provisions of Paragraphs 13, 21, or 22 herein. 13 6. EQUIPMENT SELECTION AND ORDERING. Lessee has selected 14 the type, quantity and suppliers of the Equipment leased 15 hereunder. Lessee shall ensure that all Equipment is properly 16 invoiced to Lessor. Lessor shall insert the serial number, 17 descriptive material, Equipment Cost, and other relevant matters 18 on an appropriate Lease Schedule. LESSOR SHALL NOT BE LIABLE 19 FOR, NOR SHALL THE VALIDITY OF THIS LEASE, OR ANY LEASE SCHEDULE 20 BE AFFECTED BY ANY DELAY IN OR FAILURE OF DELIVERY OF SAID 21 ORDERED EQUIPMENT. Lessor shall have no duty to inspect "the 22 Equipment. If the Equipment is not properly installed, does not 23 operate as represented or warranted by any supplier or is 24 unsatisfactory for any reason, Lessee shall make any claim on 25 account thereof solely against said supplier. LESSEE HEREBY 26 ASSUMES THE RISKS, BURDENS AND OBLIGATIONS TO ANY SUPPLIER ON 27 ACCOUNT OF NONACCEPTANCE OF THE EQUIPMENT AND/OR CANCELLATION OF 28 4 f.. 1 THE LEASE AND UPON THE OCCURRENCE OF SUCH EVENT LESSOR WILL 2 ASSIGN, WITHOUT RECOURSE OR WARRANTY, ITS RIGHTS AND TITLE TO 3 SAID PURCHASE ORDER AND A~ INVOICES TO LESSEE. 4 7. USE AND MAINTENANCE. Lessee agrees to use the Equipment 5 in a careful and proper manner, and to comply with and conform to 6 all federal, state, municipal, and other laws, ordinances and 7 regulations applicable in any way to the possession, use or 8 maintenance of the Equipment and to comply with and observe all 9 conditions of coverage of any policy of insurance maintained 10 thereon by Lessee, all operation and maintenance instructions and 11 manuals and customary trade practices applicable to the 12 Equipment. The Equipment shall only be used by qualified (and if 13 required by law or regulation, duly licensed) employees of 14 Lessee. Subject to the foregoing, Lessee shall be entitled to 15 unlimited use of the Equipment and to operate the Equipment at 16 any time and for any period of time at the convenience of Lessee 17 and Lessee may use the Equipment for such purposes and functions 18 as it may deem necessary or convenient. 19 8. CLAIMS AGAINST SOPPLIERS. Lessor authorizes and 20 appoints Lessee to enforce, in its own name, any claim warranty, 21 agreement or representation which may be made against any 22 supplier of said Equipment. BUT LESSOR MAKES NO EXPRESS OR 23 IMPLIED WARRANTIES AS TO ANY MATTER WHATSOEVER, INCLUDING, 24 WITHOUT LIMITATION, THE EXTENT OF OR ENFORCEABILITY OF ANY SUCH 25 CLAIM, WARRANTY, AGREEMENT OR REPRESENTATION. NO DEFECT OR 26 UNFITNESS OF THE EQUIPMENT SHALL RELIEVE LESSEE OF THE OBLIGATION 27 TO PAY RENT OR OF ANY OTHER OBLIGATION UNDER THIS LEASE. 28 5 / e., 1 9. DISCLAIMER OF WARRANTY. LESSOR, NOT BEING THE 2 MANUFACTURER OR SUPPLIER OF ANY OF THE EQUIPMENT NOR A DEALER IN 3 SIMILAR EQUIPMENT, HAS NOT MADE AND DOES NOT MAKE.ANY 4 REPRESENTATION, WARRANTY, OR COVENANT, EXPRESS OR IMPLIED, WITH 5 RESPECT TO THE DESIGN, DURABILITY, FITNESS FOR USE, SUITABILITY 6 OR MERCHANTIBILITY OF THE EQUIPMENT IN ANY RESPECT, AND AS 7 BETWEEN LESSOR AND LESSEE, ALL EQUIPMENT SHALL BE ACCEPTED AND 8 LEASED BY LESSEE "WHERE IS" "AS IS" AND "WITH ALL FAULTS", AND 9 LESSOR SHALL NOT BE RESPONSIBLE FOR ANY PATENT OR LATENT DEFECTS 10 THEREIN. LESSEE AGREES TO SETTLE SUCH CLAIMS DIRECTLY WITH THE 11 SUPP~IERS AND WILL NOT ASSERT ANY SUCH CLAIMS AGAINST LESSOR. 12 10. TITLE. Title in or to said Equipment shall not pass to 13 Lessee, except in accordance with the terms, conditions and 14 provisions of this Lease and pursuant to the rights herein 15 expressly granted to Lessee. Lessor and Lessee do not intend nor 16 admit that this Lease is intended as security, but to the extent 17 (at any time or from time to time), if any, that this Lease is 18 asserted to be or have been intended as security, Lessee and 19 Lessor intend and agree that Lessee hereby grants a secur~ty 20 interest to Lessor in the equipment leased hereby, the proceeds 21 of any sale, assignment, lease, or sublease thereof, and, any 22 other rights Lessee may have in or to said equipment or proceeds. 23 At the expense of Lessee, Lessee agrees to cooperate with Lessor 24 in executing such financing statements or other documentation 25 required by law, the U.C.C. or otherwise to protect Lessor's 26 title and rights to said Equipment and Lessee irrevocably 27 authorizes Lessor to file financing statements signed only by 28 Lessor in'all jurisdictions where permitted by' law. 6 J · L. 1 11. ALTERATIONS. Lessee shall notify Lessor and shall make 2 all alterations, modifications, additions or attachments deemed 3 necessary by any federal,~.state or local governmental agency for 4 the continued usefulness of the Equipment. Lessee is hereby 5 given the right, at its sole expense, to make other alterations, 6 modifications, additions or attachments to the Equipment so long 7 as the value or the usefulness of the Equipment is not reduced 8 thereby. Lessee shall not alter, remove, deface, destroy or 9 permanently cover any manufacturer's nameplate, serial number or 10 other similar distinguishing number or mark on the Equipment. 11 Except as otherwise agreed by Lessor, all alterations, 12 modifications, additions and attachments of whatsoever kind or 13 nature made to the Equipment shall immediately be subject to all 14 the terms of this Lease. 15 12. LABELS. If Lessor supplies Lessee with labels, plates 16 or other markings showing Lessor's interest in the Equipment, 17 Lessee shall affix and keep the same affixed to each separately 18 placed or housed component thereof in a prominent place thereon. 19 13. LOSS AND DAMAGE. Lessee shall assume and bear risk of 20 loss and damage (including any governmental requisition, 21 condemnation or confiscation) to the Equipment and all component 22 parts thereof from any and every cause whatsoever, whether or not 23 covered by insurance. No loss or damage to the Equipment or any 24 component part thereof shall impair any obligation of Lessee 25 under this Lease, which shall continue in full force and effect 26 except as hereinafter expressly provided. Lessee shall repair or 27 cause to be repaired all damage to the Equipment. In the event 28 7 J . ~ -- ] 2 3 4 5 6 7 8 9 10 11 that all or part of the Equipment shall, as a result of any cause whatsoever, become lost, stolen, destroyed, or rendered irreparably: unusable or damaged, as determined by Lessee, the Lessee shall within ten (10) days after it shall have made such determination, fully inform Lessor in regard thereto and shall pay Lessor the remaining rentals due as of the date of payment thereof, and all rentals and other sums past due or becoming due to and including such payment date, in respect of such Equipment. Upon payment of said amounts, the Lease Schedule shall terminate as to said Equipment. 14. INSURANCE. Commencing at such time as any risks pass 12 to Lessor from any supplier of the Equipment and continuing 13 thereafter, until Lessee has delivered possession of the 14 15 16 Equipment to Lessor, or as otherwise herein provided, Lessee at its expense, agrees to and shall keep the Equipment adequately insured with responsible insurers satisfactory to Lessor, and 17 said insurance shall protect all interest of Lessor and be for 18 such risks, including the liability of Lessor for public 19 liability and property damage, and be in such amounts and Jorm as 20 Lessor may require. Said insurance shall name Lessor as an 21 insured or additional insured and shall not be excess over other 22 coverage but shall be primar~ insurance up to and including the 23 stated policy limits. Said insurance shall cover the interest of 24 both the Lessor and Lessee-in the Equipment, or as the case may 25 be, shall protect both the Lessor and Lessee in respect to all 26 risks arising out of the condition, delivery, installation, 27 maintenance, use or operations of the Equipment. All such 28 8 .J L 1 2 3 4 5 insurance shall provide for ten CIO) days prior written notice to Lessor of cancellation, restriction, or reduction of coverage. All policies or certificates of insurance shall be delivered to Lessor. Said insurance shall be in such amounts as Lessor may require. The proceeds of said loss or damage insurance shall he 6 payable to Lessor, but Lessor shall remit all such insurance 7 proceeds to Lessee at such time as Lessee either Ci) provides 8 Lessor satisfactory proof that the damage has been repaired and 9 the Equipment has been restored to good working order and 10 condition or (ii) has paid to Lessor the amounts otherwise due to 11 Lessor on loss of such Equipment. 12 15. TAXES. Lessee shall be responsible for the timely 13 payment and discharge of all license or registration fees, 14 assessments, sales and use taxes, rental taxes, gross receipts 15 taxes, personal property taxes and other taxes now or hereafter 16 imposed by any federal, state or local government upon the 17 Equipment or upon the ownership, leasing, purchase, possession or 18 use thereof (whether the same be assessed to Lessor or Lessee). 19 Lessee shall pay and discharge at least ten (10) days befQre 20 delinquency any and all such fees, assessments and taxes directly 21 to the proper levying authority, unless otherwise required by law 22 or otherwise directed from time to time by Lessor. Lessee shall 23 pay to Lessor the amount of any taxes billed to or otherwise 24 remitted by Lessor within ten (10) days of notice thereof. 25 Lessee, upon notice to Lessor, may, in Lessee's own name and at 26 Lessee's expense contest or protest any such taxes. Lessee 27 shall, in addition, be responsible to Lessor for the payment and 28 9 J . 11 12 13 14 ~; 15 16 17 18 19 20 21 22 ~ 24 ~ 26 27 28 L 1 2 3 4 5 6 7 8 9 10 discharge of any penalties or interest. Nothing herein shall be construed to require Lessee to be so responsible for any federal or state taxes, or payments in lieu thereof, imposed upon or measured by the net income of Lessor or, except as provided hereinabove, any penalties or interest resulting from Lessor's failure to timely remit such tax payments. 16. LIENS AND ENCUMBRANCES. Lessee will at all times protect and defend, at its own cost and expense, the Lessor's interest in the Equipment and keep the Equipment free and clear from all claims, liens and processes and other encumbrances, except (i) the rights of Lessor and Lessee hereunder, (ii) liens for taxes either not yet due or being contested in good faith and by appropriate proceedings, so long as such proceedings do not involve any danger of the sale, forfeiture or loss of the Equipment, and (iii) inchoate materialmen's, mechanic's, workmen's, repairmen's, employees or other like liens arising in the ordinary course of business and not delinquent, and (iv) liens and encumbrances arising from the acts or omissions of Lessor which are not otherwise the responsibility of Lessee hereunder. 17. INDEMNITY. Lessee assumes liability for and hereby agrees (whether or not Lessor is otherwise insured thereon) to indemnify, ~protect, save and keep harmless Lessor and its agents and employees from and against any and all liabilities, obligations, losses, damages, penalties, claims, tax claims actions, suits and proceedings, including legal expenses and reasonable attorneys' fees, of whatsoever kind and nature, 10 ~ . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~ 24 25 26 27 28 imposed on, incurred by or asserted against Lessor because of the manufacturer, purchase, transportation acceptance, ownership (including absolute or st~ict liability in torts, contract or otherwise) use or rejection of the Equipment (including, without limitation, latent and other defects, whether or not discoverable by Lessor or Lessee), and any claim for patent, trademark or copyright infringement. 18. LESSOR'S PERFORMANCE OPTION. Should Lessee fail to make any payment or to do any act as provided by this Lease, then Lessor shall have the right (but not the obligation), without notice to Lessee of its intention to do so and without releasing Lessee from any obligation hereunder, to make or to do the same, to make advances to preserve the Equipment or Lessor's interest thereto, and to pay, purchase contest or compromise any insurance premium, encumbrance, charge, tax lien or other sum which in the judgment of Lessor appears to affect the Equipment or the interest of Lessor thereto, and in exercising any such rights, Lessor may incur any liability and expend whatever amounts in its absolute discretion it may deem necessary therefor. All sums so incurred or expended by Lessor shall be due and payable by Lessee within. ten (10) days of notice thereof. 19. ASSIGNMENT. Any transfer, assignment, sublease,. conveyance or pledge of Lessee's interest in and to this Lease or the Equipment, whether by operation of law or otherwise, without the prior written consent of Lessor, shall be void. Lessor, its successors and assigns, may assign this Lease and/or grant security interests therein or in the Equipment, in whole or in part, without notice to Lessee. .11 ~ . ." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~ 24 25 26 27 28 ~~ 20. SURRENDER OF EQUIPMENT. Unless Lessee exercises its option to purchase under paragraph 25 hereof, at Lessor's ~ request, upon expiration or earlier termination of this Lease, or any renewal or extension thereof with respect to the Equipment, Lessee shall return the s~me to Lessor in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof alone excepted (a) by delivery of the same at Lessee's cost and expense to such place as Lessor shall specify within the county where said Equipment is located, or (b) by loading the same within the county where said Equipment is located at Lessee's cost and expense (including fully prepaid insurance) on board such carrier as Lessor shall specify and shipping the same, freight collect, to the destination designated by Lessor. Lessee shall be responsible, at its expense, for the proper and adequate packing and crating of the Equipment, which shall include, if necessary to preserve any warranties or agreements in respect to the Equipment, the supervision and/or handling of said packing and crating by manufacturer's representatives. Nothing herein shall prevent Lessor from abandoning any or all of the Equipment in place upon the expiration of Lease terms without any liability therefor to Lessee. 21. EVENTS OF DEFAULT. The occurrence of any of the following events shall, at the option of Lessor, constitute an event of default under this Lease: (a) The nonpayment by Lessee of any rental payment when due, or the nonpayment by Lessee of any other. sum required 12 .;r '- ," 4" . ~., 1 hereunder to be paid by Lessee, which nonpayment continues for a 2 period of ten (10) days following written notice thereof from 3 Lessor. 4 (b) The failure of Lessee to perform any other term, 5 covenant or condition of this Lease which is not cured within ten 6 7 (10) days after written notice thereof from Lessor. (c) The failure of Lessee to meet Lessee's bond 'or other 8 material credit obligations when required under the instrument(s) 9 evidencing such obligations. 10 (d) The determination that any of Lessee's representations 11 or warranties made herein or on any statement or certificate at 12 any given time in writing pursuant hereto or in connection 13 herewith are false or misleading in any material respect. 14 22. REMEDIES. Should any event of default occur and be 15 continuing, Lessor may without retaking possession of the leased 16 property, hold Lessee liable for all rents and other sums which 17 shall become due thereafter under the terms of this Lease and may 18 recover such sums from Lessee from time to time as they become 19 due or at any time thereafter (subject to any applicable ~tatutes 20 of limitation), or Lessor may retake (by Lessor, independent 21 contractors, or by requiring Lessee to assemble the Equipment for 22 Lessor) possession of the Equipment (without liability to ,Lessee 23 therefor~ which is hereby expressly waived) and either: 24 (a) Retain possession of the Equipment and terminate this 25 Lease by giving Lessee ten (10) days written notice to that 26 effect, in which event Lessee shall be liable for all rents and 27 other sums accrued and unpaid prior to such termination. ,28 13 ' .~ . . 1.'.. J' ~" 1 Cb) Lease the Equipment to a third party for the account of 20 complete performance of its obligations pursuant to the terms of 21 this Lease. In addition, Lessor shall attempt in good faith to 22 mitigate its damages, but Lessor shall not be obligated to sell 23 or re-lease the Equipment and in the event of any such sale 24 Lessor may bid upon and purchase any of the Equipment. Any sale 25 or re-lease may be held at such place or places as are selected 26 by Lessor with or without having the Equipment present. Any such 27 sale-or re-lease, may be at wholesale or retail, in bulk or in 28 14 " .. ~, # ~ ~ ~" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 ~ 26 27 28 parcels. Time and exactitude of each of the terms and conditions of the Lease are hereby declared to be of the essence. Lessor may accept past due payments without modifying the terms of this lease and without waiving any further rights of Lessor hereunder. Except as e~p~essly provided hereinr neither Lessor nor Less~e shall be liable to the other for any consequential or incidental damages. 23. LOCATION. The location of the Equipment shall be as hereinabove set forth and Lessee shall not remove said Equipment therefrom without the prior written consent of Lessor. 24. INSPECTION BY LESSOR. Lessor, its agents or employees, shall at any and all reasonable times during business hours have the right to enter into and upon the premises where any Equipment may be located for the purpose of inspecting the same or observing its use. 25. PURCHASE OPTION. Upon Lessee's repayment of all rents and other sums provided for in any Lease Schedule and upon the termination of the Lease term or any renewal thereof, all the right, title and interest of Lessor in and to the Equipment set forth in its Lease Schedule shall vest in and become the property of said Lessee upon payment of One Dollar ($1.00) and said Lessor covenants that it will thereupon execute to Lessee, a Bil~ of Sale of all its right, title and interest in and to the Equipment under said Lease Schedule as evidence of said transfer of title. Anything in this Master Lease to the contrary notwithstanding, all replacements, equipment, repairs or accessories made to or plac~d in or upon said Equipment shall become a component. part 15 " . . .. ' >> ~ ~., 1 thereof and title thereto shall be immediately vested in Lessor 2 and shall be included under the terms hereof. All advances made 3 by Lessor to preserve sai~ Equipment or the interest of Lessor 4 therein, including attorney's fees, or to pay insurance premium 5 for insurance thereof or to discharge and pay any taxes, liens or 6 encumbrances thereon shall be added to the unpaid balance of 7 rentals due hereunder and shall be repayable by Lessee to Lessor 8 immediately upon demand, and, if not paid upon demand, shall bear 9 interest at the rate of ten percent (10%) per annum until paid. 10 26. INTEREST. Any amounts required to be paid by Lessee 11 pursuant to this Lease and not paid when due (except as extended 12 in Paragraph 2l(a) hereinabove} shall bear additional interest at 13 the greater rate (compounded annually and based upon a year 14 having 365 days, actual day months) of (1) Lessor's then highest 15 cost.of funds or ten percent ClOt) per annum. 16 27. HEADINGS. Section headings herein are used for 17 convenience only and shall not otherwise affect the provisions of 18 this Lease. 19 28. EFFECT OF WAIVER. No failure or delay on the part of 20 Lessor in the exercise of any power, right or privilege hereunder 21 shall operate as a waiver thereof, nor shall any single or 22 partial exercise of any such power, right or privilege preclude 23 other or further exercise thereof of any other right, power or 24 privilege. All rights and remedies existing under this Master 25 Lease are cumulative to, and not exclusive of, any rights or 26 remedies otherwise available. .27 28 16 .' .. .., . ' ,. . ~" 1 2 3 4 5 29. SURVIVAL OF WARRANTIES. All agreements, representations and warranties of Lessee made herein shall survive the termination of this Master Lease and any Lease Schedule. 30. APPLICABLE LAW. This Master Lease, the Lease Schedules (j 7 8 and all documents issued or executed pursuant thereto and the rights and obligations of the parties thereunder and hereunder shall be governed by the laws of the State of California. If any 9 provision of this Lease or any remedy provided herein be invalid 10 under any applicable law, such provision shall be inapplicable 11 and deemed omitted, but the remaining provisions of this Lease 12 shall be and remain effective in accordance with their terms. 13 THIS MASTER LEASE MAY ONLY BE AMENDED OR MODIFIED BY AN 14 INSTRUMENT IN WRITING SIGNED BY A DULY AUTHORIZED REPRESENTATIVE 15 OF THE PARTY TO BE CHARGED THEREBY. LESSEE UNDERSTANDS AND 16 AGREES THAT NEITHER THE SUPPLIER NOR ANY SALESMAN IS AN AGENT OF 17 LESSOR, AND NO SUCH SUPPLIER OR SALESMAN IS AUTHORIZED TO ALTER, 18 AMEND OR ADD TO ANY TERM OR CONDITION OF THIS MASTER LEASE, AND 19 NO REPRESENTATION AS TO THE EQUIPMENT OR ANY OTHER MATTER)3Y ANY 20 SUPPLIER OR SALESMAN SHALL IN ANY WAY AFFECT LESSEE'S DUTY TO PAY 21 RENT AND PERFORM ITS OTHER OBLIGATIONS AS SET FORTH HEREIN. 22 31. COUNTERPARTS. This Master Lease may be executed in any 23 number of counterparts, each of which shall be deemed an 24 original, but all such counterparts together shall constitute but 25 one and the same instrument, except to the extent, if any, that 26 this Master Lease constitutes chattel paper, no security interest 27 therein may be created except through the transfer or possession 28 17 " · -- . \ . .. . r. .. 1 of the original counterpart, which may be so identified by 2 Lessor. 3 4 32. NOTICES. All cQrrespondence, payments and/or notices required or permitted to be given shall be in writing, and may be 5 personally served or sent by United States mail' with postage 6 prepaid and properly addressed. For the purposes hereof, the 7 addresses of the parties hereto (until notice of a change thereof 8 is served as provided in the preceding sentence) shall be as 9 follows: 10 LESSOR 11 SECURITY PACIFIC CAPITAL LEASING CORPORATION 12 Post Office Box 7722 San Francisco, CA 94120 13 14 LESSEE CITY OF SAN BERNARDINO, CALIFORNIA 250 West Cluster Street San Bernardino, CA 92408 ~3. REPOSSESSION. LESSEE ACKNOWLEDGES THAT, PURSUANT TO 15 PARAGRAPH 22 HEREOF, LESSOR HAS BEEN GIVEN THE RIGHT TO REPOSSESS 16 THE EQUIPMENT SHOULD LESSEE BECOME IN DEFAULT OF ITS OBLIGATIONS 17 HEREUNDER. LESSEE HEREBY WAIVES THE RIGHT, IF ANY, TO REQUIRE 18 LESSOR TO GIVE LESSEE NOTICE AND A JUDICIAL HEARING PRIOR TO 19 EXERCISING SUCH RIGHT OF REPOSSESSION. 20 21 22 23 24 By Dated as of: October 3, 1988 25 26 27 28 SECURITY PACIFIC CAPITAL LEASING CORPORATION "LESSOR" CITY OF SAN BERNARDINO, CALIFORNIA "LE EE" .J-"J / I~ (/V . ty 4185 E Y,~o/W/'M?/JI' / By J/<~~(k (T1/% . "(title) 18 EXECUTED COUNTERP,~R I ~ ..' ." . 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 .' . SECURITY PACIFIC CAPITAL LEASING CORPORATION - MASTER LEASE OF PERSONAL PROPERTY Approved as to form: 2 3 .By 19 ~ " EXECUT1:D COUNTERPAf r TO . . EN6S MOTOR TRU\.~ CO t:tTY OF SAN BERNARDINO OFFICf OF THE PlJROtASING AGENT 150 W. QUSTBt STREET SAN BERNARDINO, CAlIFORNIA 9241. PURCHASE No ORDER . ~4tar&'. PA6E J 12/Z1/88 VVI)'__O ti~UH I. Vi .' J)OQOS'RECEIVED DATE OF ORDER II,mtllAVME.NT DISCOUNT VENDOR ~'30 EAST SLAUSON AVE I VENDOR NO e00249 II REO NO" ~ 1 )01 .! ORDER ADDRESS Pit U R I V E ft A. t. A "=' i) .~ ~ l.a CITY STATE ZIP III ~49'~4~1 EO a~DAlJ~" CITY STATE DELIVER TO: f'.t:f. Hut-U. S ~~~~bl. JtJ~ S 61~kRA ..., 'j' SAN fi E f< N A R 0 I H (I , LA 9i.iOe OADERING DEPARTMENT PUBl.IC SERtJItES/f\'EFUSE' EQUIP NO I HAZ. MA TL. I w. O. NO ....98011 - VENDORS PAYMENT ADDRESS ZIP DESCRIPTION OF ARTICLES OA SERVICES REQUIRED QUANTITY UNIT UNIT PRICE EXTENSION F - 89 - 11 FY 89/89 ---~---------.~---~------------------- VEtU)OP EN6S HOTOR TRUCK CO. SH~Ll. FURNISH .ND DEllVEP THREE ()) 36 CUBIC YARD fRONT LOADER REFUSE TRUCKS IN '(CO~DANCE WITH SPECIFICATION F-99-11 AND 810 DATED 1-1~-&a TPur~. FPONT lOADER, 3~ CU. YO REFUSE r H PEE (:3 ~ E .A (: H I IT 2.719Z.00 Z97.t9ZLOO I I APPPOVEO ,BY M~YOR AND COMMON CQIJHC I L . 1 Z. - J ~. ~8 . P. E SOL U T J 0 H , e e .., .. ~ ~ ~ 8~ - ".68 L P (lP-PO 0019S.f) PPICE'TERHS PER VIPelHJA ~IERPA ... w _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _. _ _ . _ _ _ _ . _ _ _ _ . . _ _ _ ..... _ ATTENTION VENDOP, TO EFFECT PAYMENT. ----. - A COpy Of DELIVERY fOMPlElrON MUST BE PROVIDED ACCOUNTING CODE ENCUMBRANCE AMOUNT BUYER TO CONTACT REGARDING THIS PURCHASE DEAN MEECH nus PURCHASE IS Al1TKoR ED OE"N R. MEECH \ / .~c 8 It) COORDINATE DELIVERY WITH: 90B TORB 11 T 384,. '5Z ~,) DELIVERY REQUIRED BY 06/ Q1/ 99 TO HEADS OF DEPARTMENTS WHEN COMPLETED SEND THIS REPORT OF GOODS RECEIVED TO FINANCE OF~CER f7l .~ . ... I . I . " \ i : 1 I I HEREBY CERTIFY THAT I HAVE RECEIVED. CAREFULLY WEIGHEDL . ~e:~~~~~ ~~~g~~~~E~RIJ~~~~~~~T~~A~~g~~~~E ~ DEe 2 '" 1988 AS ORDERED. EXCEPT AS NOTED HEREIN. () -, '>1 it ".... - r-..v' r ...~. ,)i q< ::; '1-_ ~:.'.::: '. >::.. '_.-'0 DII'T. HIAD IKINATUM .. ~ DATI :Olt -\~~r',:...' il,1li.~,.- ,,~rvn I iJr ..' GOQDS'RECEIVED "'" '-III vr ~nN Ijl:KNf\KUINV oma Of THE PURCHASING AGENT 2SO W. QUSTBt mEET SAN BERNARDINO, CAUFORNlA 9241. '-un~rv\..':)C: No ORDER . ~4tar~~. PAGE ~ lZIZ1/SS EHas MOTOR TRUC~ (0 DATE OF ORDER II "'W~;r lAYMENT Ol5COLO<T TO VEp..()()R 8830 EAST SLAUSON AVE I VENDOR NO ~OOZ"9 II REfr~v'i ) ORDER ADDRESS PICO RIVEPA, CA ~0660 CITY STATE ZIP 111 94'9-'54~1 EO a~OAlIA'~ CITY STATE DELIVER TO: P48. WOR~:S I GAR.~E 18l S SIERRA W~y SAN [lERN~P.DINO, (.A ~l..(t9 ORDERING DEPARTMENT PUBLIC SEPVICE:S:REFUSE EQUIP NO \HAZ MATL I we: NO F€teOI7 VENDORS PAYMENT ADDRESS ZIP DESCRIPTION OF ARTICLES OR SERVICES REQUIRED QUANTITY UNIT UNIT PRICE EXTENSION TO PURCHASINa REFERENfING BID NUMbE~, PURe.BASE OROER UO., 1 NVO ICe: NO., (:OM.. PlETED ORDER ~ELIYERY DATE. UAJH-#/3! V/N# /Xf-2LSoXiPkl>1tJ393! UjJJt;!- /')3 VJ~# / X PZL SOX f KD 7/)3 q3;J- lAm-r 11- /35 tJ I AI.#= I '/. p~ LSD X If V-D '703 0; 30 i2LLUi~//)h[~ ~kt'G ,.1 ,..*._.*..***.....*~I.~.~*.*.**...W.*..*..tV**~.f.* t 2 1 - .. 1 3 - ~. ~ 1 '3'5 - U I) 00 0 .. (I 00 i) .2~ltl~'2.(I(J SUB T TAL -.... TOTAL 1 AX ....- TOTAL FPEJ Hf .. TOTAL I\MOU T .... Z. 9 T , I 9 2 ~ () (. t17,e'31l!52 *e"\l ('0 3 I. (. 'i- .~ I . ') '. 0"....' .. v ~ I I I I I I I I I I ~lE NEil A.l l EDljER Ar(OlJ~n NUMBER ~:( e 10 COORDINATE DELIVERY WITH: 908 10,.. 8 I T T 38.. - 15 Z lO DELIVERY REQUIRED BY c) 6/07 I 8'9 ACCOUNTING CODE I ENCUMBRANCE AMOUNT: BUYER TO CONTACT REGARDING THIS PURCHASE DEAN MEECH PURCHASING AGENT . TO HEADS OF DEPARTMENTS ,_ WHEN COMPLETED SEND THIS REPORT Of GOODS RECEIVED TO FINANCE OFF~r~"- j -1 ill ,: L~ I HEREBY CERTIFY THAT I HAVE RECEIVED. CAREFULLY WEIGHED, MEASURED OR COUNTED THE ITEMS INDICATED ABOVE, THAT. aUANTITlES AND QUALITIES ARE CORRECTLY STATED AND ARE .'. .... ,.._ ~,' _ ( (_ _, c:;:QED'eC;;;;::::11~_-'2r~f? . -'~ i;. "_~-J ~ ~;2~- P'y , DATI . ,: i L.:~ - -' r' .) .. i ~ p ~~ ...... .......... - - -' ,..." . DIPT. ...0 UONATUM _l....-....____.__"'--._ ______~ _ .-...-..:..____-......-...- _ _ ........-.._ _..:...._~_ ____ ___ _ __. _____. ...__ ._ 0- ,~~* . . ' .. 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 . . INTEROFFICE MEMORANDUM: 8903-2518 QUESTIONNAIRE ON SELF-INSURANCE March 17, 1989 Page 2 courts. b) N/A i) N/A ii) N/A iii) N/A If you heed any further information, please do not hesitate to contact me. -r) · (J~ I L. Cain Acting Risk Manager TC/sf ~rn(B@) I ~~~g: 8830 E. SLAUSON AVE PI CO RIVERA. CA 90660 . TELEPHONE (213) 949-5451 14490 SLOVER AVENUE FONT ANA. CA 92335-0191 TELEPHONE (714) 823-7080 INVOICE 17 /33 _:T!l~jl.~I. P.O. BOX 223 PIca RIVERA, CA 90660-0223 ACCOUNT NO. 13418N SOLD TO: CITY OF SAN BERNARDINO 182 S. SIERRA WAY SAN BERNARDINO, CALIF. 92408 DATE 1-9-88 88364 1164-66 001985 OUR INVOICE NO. OUR P.O.# CUSTOMER'S ORDER NO. SALESMAN: ED BADALIAN FI NAL NET 301nN~: QUANTITY DESCRIPTION PRICE EXTENSION TOTAL ONE (1) NEW 1989 PETERBILT, CAB/CHASSIS,MODEL 320 SALES PRICE $ 99,064.P.0 SERIAL NO. 1XPZL50X6KD703931 FEDERAL EXCISE TAX EXEMPT REGISTERED OWNER: SAME AS ABOVE SALES TAX $5,943.~~ .~ . .' .. I LEGAL OWNER: SAME AS ABOVE OUT OF STATE DELIVERY NONE J105.,00!:~~ TOTAL SALES PRICE POINT OF DELIVERY: SAN BERNARDINO CASH ON DEPOSIT NONE TRADE IN: NONE TRADE IN ALLOWANCE NONE $.105 ,pOl.. ~4 UNPAID BALANCE KEY# THIS TRUCK MAY OR MAY NOT HAVE ADEQUATE ANTI-FREEZE FOR SAFE COLD WEATHER PROTECTION. SELLER IS NOT LIABLE FOR ANY DAMAGES ARISING FROM INADEQUATE ANTI-FREEZE PROTECTION. Non CE : THIS TRUCK MAY HAVE AN .. EXTENDED WARRANTY" ON THE ENGINE/AND OR DRIVE TRAIN, AVAILABLE TO YOU. IF YOU ARE INTERESTED, ASK YOUR SALESMAN FOR THE NECESSARY FORMS. . i .~ ~. .~I ACCEPTED BY I ;) ~.-r;( ~ */'U{~'/;' ./;~~ DATE/-/7_ Y5' ~:\ If: m m n WI \~ l]J UtI r L [3 2 /11989 ..,' . _' >::, ~:~: f ~ ~J ~ C f S CUSTOMER ~r-'fW~ I MOTOR lJJllJC0 TRUCK CO. INVOICE 8830 E SLAUSON AVE . PICO RIVERA. CA 90660 . TELEPHONE (213) 949-5451 14490 SLOVER AVENUE FONT ANA, CA 92335-0191 TELEPHONE (714) 823.7060 EiD:1 ~ 1'111111 {Ira P.O. BOX 223 PICO RIVERA. CA 9066()'{)223 ACCOUNT NO. 13418N /_ ?y-J 7 SOLD TO: CITY OF SAN BERNARDINO 182 S. SIERRA WAY SAN BERNARDINO, CALIF. 92408 DATE 1-9-88 88363 1164-66 001985 OUR INVOICE NO. OUR P.O.' CUSTOMER'S ORDER NO. SALESMAN: ED BADALIAN FINAL NET 30iIA~~: QUANTITY DESCRIPTION EXTENSION TOTAL ONE ~1) NEW 1989 ~ETERBILT, CAB/CHASSIS,MODEL 320 SALES PRICE $99,064 -00 .,.......,,~I_..t: ...." . SERIAL NO. lXPZL50X4KD703930 FEDERAL EXCISE TAX EXEMPT REGISTERED OWNER: SAME AS ABOVE SALES TAX $.5 ,04.3..~!l. ;o~, LEGAL OWNER: SAME AS ABOVE OUT OF STATE DELIVERY NONE $105,007.84 ~. .L.~,:?" :.~ ii. ~:t~a TOTAL SALES PRICE POINT OF DELIVERY: SAN BERNARDINO CASH ON DEPOSIT NONE TRADE IN: NONE TRADE IN ALLOWANCE NONE $105,007.84 .:; ~ )--: ,_J.... ~..'.... . KEYN ~,~"""JOC ~::':'~~~:::":~~~='lIr~~ .~ _.rt~~'\~~" -,' ,.'t.):,:,:'''''' ~.'~ .... :-.-~..,....~ ',UNPAID BALANCE _..~~;,-- --t.'t..J ~::\ ~>~ ~;,;, ~~: ;<~' ~;. ~~ \::".. i\~\:.~;.; " :~;j;..~~,;;, ~~. '. . . ",. .I"'.,.:'i~ ~., 'i ~...f' ,...tl<..........:.i:'...' ........ ~.J\~ ....-.'f'....,~. " :,~'. .>;.~ · ~ / ~/;'. j :~'.) :.~.:r:-~'-! }~~~-.:..:Y j1/';' ;'i-::'; ".:"~ . ~ . '. THIS TRUCK MAY OR MAY NOT HAVE ADEQUATE ANTI-FREEZE FOR SAFE COLD WEATHER PROTECTION. SELLER IS NOT LIABLE FOR ANY DAMAGES ARISIN~. FROM INADEQUATE ANTI-FREEZE PROTECTION. NOTICE: THIS TRUCK MAY HAVE AN II EXTENDED WARRANTY" ON THE ENGINE/AND OR DRIVE TRAIN, AVAILABLE TO yOU. IF YOU ARE I~~. ASK YOU~ SALESMAN FOR THE NECESSARY FORMS. ~ ~ /: -1 ~ // ~ ACCEPTED BY , , ( . /~.,; // DATE /- 2c- ?7 CUSTOMER ~rnLB~ I ~~~g: co. 8830 E, SLAUSON AVE, PICO RIVERA, CA 90660 . TELEPHONE (213) 949-5451 14490 SLOVER AVENUE FONTANA. CA 92335-0191 TELEPHONE (714) 823-7080 INVOICE IF /3/ _:t:h'JI..I.. P.O. BOX 223 PI co RIVERA, CA 90660-0223 ACCOUNT NO. 13418N SOLD TO: CITY OF SAN BERNARDINO 182 S. SIERRA WAY SAN BERNARDINO, CALIF. 92408 DATE 1-9-88 OUR INVOICE NO. 88362 1164-66 001985 OUR P.O.# CUSTOMER'S ORDER NO. SALESMAN: ED BADALIAN FINAL NET 3~J>~~: QUANTITY DESCRIPTION PRICE EXTENSION TOTAL SALES PRICE $99,064.00 FEDERAL EXCISE TAX EXH1PT SALES TAX $5,943.84 OUT OF STATE DELIVERY NONE TOTAL SALES PRICE $105,007.84 CASH ON DEPOSIT NONE TRADE IN ALLOWANCE NONE UNPAID BALANCE $105,007.84 ONE (1) NEW 1989 PETERBILT, CAB/CHASSIS,MODEL 320 SERIAL NO. lXPZL50X8KD703932 REGISTERED OWNER: SAME AS ABOVE LEGAL OWNER: SAME AS ABOVE POINT OF DELIVERY: SAN BERNARDINO TRADE IN: NONE KEY# THIS TRUCK MAY OR MAY NOT HAVE ADEQUATE ANTI-FREEZE FOR SAFE COLD WEATHER PROTECTION. SELLER IS NOT LIABLE FOR ANY DAMAGES ARISING FROM INADEQUATE ANTI-FREEZE PROTECTION. NOTICE: THIS TRUCK MAY HAVE AN " EXTENDED WARRANTY" ON THE ENGINE/AND OR DRIVE TRAIN, AVAILABLE TO YOU. IF YOU ARE INTERESTED, ASK YOUR SALESMAN FOR THE NECESSARY FORMS. ACCEPTED BvI2L/ 9-jaA~r-- DATE /--- JC7 __ VV ill n:mrunwm {]J r[ 8 2 (11989 . ", ' I , ._' _<,J ~.2 r:: ft \/~ ~ 'G L ~ CUSTOMER