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Home My WebLink AboutNB01-Mayor's Office - -) <ioarb of &uptruisors C!rountU of &an JJtmarbino ,~\\,I"I/i./ ......~I~..... ~ ~- --s::; :e- ....~ ~...... .i11~JI\~\~' December 13, 1985 ........ '- I... $ IUtbut ~. Jlall1tl111ck Supervisor. Fifth District ADRIENNE GAINES Executive Alsistant JO ANNE M. WILLIAMS Administrative Assistant Evlyn Wilcox, Mayor San Bernardino City 300 North "0" Street San Bernardino, CA 92418 Dear Mayor Wilcox: The attached is a proposed amendment to the San Bernardino Public Safety Authority to allow the County to use the Authority as a leasing agent. The San Bernardino Public Safety Authority is a joint powers agreement between the County of San Bernardino and the City of San Bernardino that has been used to finance the County Jail, Juvenile Hall and the City sewer plant. The amendment is so drafted as to also allow the city or the County to use the Authority as a leasing agent in the future without any further amendments. The three projects that the County is currently implementing is the County telephone system, the County Emergency Center System and the upgrading of the central computer. As in the past, the liabilities to the Authority is strictly from the County for those projects. These three projects represent a $40 million investment by the County to improve our services. As per our discussion, would you please bring this up as an off agenda item at the City Council session on Monday, December 16 for the city's consideration and approval. A member of the County staff will be at the council meeting to answer any questions or provide added information. The reason for expediency on this project is so that the certificates can be sold before December 31 to take advantage of current tax laws versus the proposed changes which may become effective January 1, 1986. Your cooperation in this matter is greatly appreciated. If you have any questions, please contact Mr. Lynn Kirkhofer, Assistant Administrative Officer - Fiscal Management at 383-2035. Sincrerely, 237 ROBERT L. HAMMOCK, Chairman Board of Supervisors cc: Lynn Kirkhofer, County Administrative Office ~~ San Bernardino County Government Center. 385 North Arrowhead Avenue. San Bernardino. CA 92415-0110. (7141383-2613 ,-.... ~ ) c I""" '-' FIFTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO CREATING THE SAN BERNARDINO PUBUC SAFETY AUTHORITY . This Amendment, dated for convenience as of December , 19&5, by and between the CITY OF SAN BERNARDINO, a municipal corporation of the State of California (the "City") and the COUNTY OF SAN BERNARDINO, a body corporate and politic of the State of California (the "County"); WITNESSETH: WHEREAS, the City and the County have by a joint exercise of powers agreement (the "Agreement"), dated as of April I, 196&, created the San Bernardino Public Safety Authority (the "Authority"); and WHEREAS, the City and the County both have the power to lease, acquire and install equipment and ancillary personal property necessary or appropriate to carry out their public duties associated with public safety, including but not limited to computers, telecommunication equipment and radio dispatch equipment and to provide for the service and maintenance of such equipment; and WHEREAS, the County desires at this time to enter into a lease financing program in order to acquire and install certain equipment and ancillary personal property for purposes associated with public safety including, without limitation, computers, telecommunication equipment and radio dispatch equipment and to provide for the service and maintenance of such equipment through the sale and delivery of Certificates of Participation; and WHEREAS, the parties hereto desire to amend the agreement so as to authorize the Authority to act as lessor of such equipment to be leased to the City or the County, pursuant to a lease agreement, to assign the Authority's rights in such lease agreement to a trustee, to enter into a trust agreement with said trustee on behalf of holder of Certificates of Participation evidencing the undivided, proportionate right to receive lease payments from the City or the County and to take any and all actions necessary and appropriate to assist the City and the County in connection with said equipment lease financing program. NOW, THEREFORE, the City and the County, for and in consideration of the mutual promises and agreements herein contained do agree as follows: -Section 1. Section 1 is amended as follows: A. Delete the second sentence of Section 1 and substitute in its place: "The City and the County each possess the powers referred to in the WHEREAS clauses to this agreement and each amendment thereto." B. Amend the third sentence of Section 1 to add the following subsection (4) after subsection (3) thereof: "and (4) acquiring and leasing equipment and appurtenant personal property to the County for purposes associated with public safety and 'C c -- \", ) taking any and all other actions necessary and appropriate in connection with an equipment lease financing program, including, without limitation, assigning the Authority's rights in and to lease agreement with the City or the County with respect to such equipment to a trustee on behalf of holders of Certificates of Participation evidencing the undivided, proportidnate right to receive lease payments from the City or the County, and entering into a trust agreement with said trustee regarding the rights of said holders of Certificates of Participation, entering into a contract of purchase regarding the sale and delivery of said Certificates of Participation, entering into an agency agreement with the City or the County regarding the acquisition and instailation of said equipment and entering into maintenance and service and software licensing agreements with respect to said equipment. Section 2. Section 4 is amended so as to add the following subsection (4) after subsection (3) thereof: "and acquiring and leasing equipment and appurtenant personal property to the City or the County for purposes associated with public safety and taking any and ail other actions necessary and appropriate in coMection with an equipment lease financing program, including, without limitation, assigning the Authority's rights in and to lease agreement with the City or the County with respect to such equipment to a trustee on behalf of holders of Certificates of Participation evidencing the undivided, proportionate right to receive lease payments from the City or the County, and entering into a trust agreement with said trustee regarding the rights of said holders of Certificates of Participation, entering into a contract of purchase regarding the sale and delivery of said Certificates of Participation, entering into an agency agreement with the City or the County regarding the acquisition and installation of said equipment and entering into maintenance and service and software licensing agreements with respect to said equipment. IN WITNESS WHEREOF, the parties hereto have caused this Joint Exercise of Powers Agreement Amendment to be executed and attested by their proper officers thereunto duly authorized, and their official seais to be hereto affixed, as of the day and year first above written. CITY OF SAN BERNARDINO Attest: BY: Mayor . City Clerk .c , Attest: c ) :) ,..-/ COUNTY OF SAN BERNARDINO BY: Chairman of Board of Supervisors Clerk of the Board of Supervisors (Seal) I HEREBY APPROVE the form and legality of the foregoing Joint Exercise of Powers Agreement Amendment this day of , 1985. County Counsel County of San Bernardino BY: I HEREBY APPROVE the form and legality of the foregoing Joint Exercise of Powers Agreement Amendment this day of , 1985. City Attorney City of San Bernardino BY: