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HomeMy WebLinkAbout27-Purchasing CITY OF SAN BERtGRDINO - REQUEST ~R COUNCIL ACTION From: Dean R. Meech, Purchasing Agent REC~jAQ:MIMl~. Purchase for: f-89-21 (Sweepers) I96S fE8 -I AM S ~qj9-22 (Fire Pumper) F-89-16 (Aerial Bucket TrUC~t Police Dispatch Console ~~-J BID: LP9D03 'U' Dept: Purchasi ng DIt8: January 31, 1989 None i :::u ~ C") m a . I N 11- co 0 :r; ~ - z. . W Q .... - :" w Synopsis of Previous Council action: Recommended motion: Adopt Resolution Contact person: Dean R. Meech. Purchasing Aqent Phone: 384-5085 Supporting dlt8 attached: Yes Ward: N/A FUNDING REQUIREMENTS: Amount: $1.061. 717.30 * *Current total payment in 1988-89 budget is$302,779.68 Source: (Acct. No.! (See Specified Bid) (Console 001-461-54011) (Acct. Descriotionl Finance: 0-tW .tJ~ Council Notes: ArIAnA.. ItArn. Ni\ ~ 7 CITY OF SAN BERNJODINO - REQUEST F~ COUNCIL ACTION ., STAFF REPORT LP9003 The proposed Council Action is for a five (5) year lease purchase transaction coverin9 several combined purchases of equipment by the City. They are... Bid F-89-21, three (3) each street sweepers. The amount to finance is $316,524.48. The vendor is Nixon-Egli Equipment Company. The delivery is 90/120 days A.R.O. Bid F-89-22, two (2) each fire pumpers. The amount to finance is $351,708.00. the vendor is Seagraves Fire Apparatus Inc. The delivery is 365 days A.R.O. F -89-16, one (l) each aeri a 1 bucket truck. The amount to fi nance is $71,314.68. The vendor is Morrison Industries Inc. The delivery is 180 days A.R.O. Bid N/A, one (I) each Centracom II console for police dispatch communications. The vendor is Motorola Communications. the delivery is 120/160 days A.R.O. The following is a summary of financing quotes received for the selection of a vendor to arrange the lease purchase transaction. * * * (SEE ATTACHED) * * * Lease purchase quotations (LP9003) were solicited from thirty-one (31) vendors supplying financing. Fourteen (14) vendors responded. The vendor, Pacific Corp Capital Inc., in their quotation, offers a total payout of $1,061,717.30 at 7.78'1, interest. At takedown of equipment the interest rate will be fixed for the duration of the contract. It is therefore recommended that the quotation offered be considered by Council for finalization by the City Attorney's Office of all documents necessary to implement and effect a five (5) year lease purchase transaction for the aforementioned project. .,~_n'''4 (R) . . () ~ PACIFICORP -: CapHal, Inc. A Hici/fCorp Financial Services Company o p-- / ,1/~ .." J;h . . <-y'-,f./ / Y/"- /"....." February 20, 1988 Mr. Dean Meech Purchasing Department city of San Bernardino 250.W. Cluster st. San Bernardino, CA 92408 .-< =:'-c ~-l ~?,I --.,. ~/j G)~: ::J ::: r~~ -.J:'.:"; :;:::..;.';. :::v:;:': -.;'-'=. ::r:E~ !:!i:':: RE: Schedule No. 3 & 4 to Conditional Sale Agreement dated as of February 6, 1986 between PacifiCorpqapital, Inc. and the City of San Bernardino, Contract No. 1112. Dear Mr. Meech: Enclosed are the following documents to the above-referenced transaction: 1. Master Agreement. 2. Exhibit A, Modification No.1. 3. Exhibit B, Payment Schedule and Equipment List, thereto (2 counterparts marked "ORIGINAL" and "CUSTOMER COPY"). Please execute and return both counterparts to PacifiCorp Capital, Inc. 4. marked return Exhibit C, Agreement certification (2 counterparts "ORIGINAL" and "CUSTOMER COPY"). Please execute and both counterparts to PacifiCorp Capital, Inc. 5. Exhibit D, No-Arbitrage Certificate (2 counterparts). Please execute and return both copies to PacifiCorp Capital, Inc. 6. Exhibit E, sample Essential Use Letter to pe submitted on the City's letterhead in substantially the same form as this sample. 7. Exhibit F, IRS 8038-G Tax Form with attached instructions - please return this fully executed document at your earliest convenience. 8. Exhibit G, Sample Legal Opinion to be completed in substantially the same format. 9. Exhibit H, Sample Notice of Assignment Letter. 10. Exhibit I, Invoicing Information Sheet - please complete and return to PCC. Home Office: 1801 Robert Fulton Drive, ThUd Floor, Roston, Virginia 22091-4347 (703) 648-0500 Fax (703) 476-5767 . o o -./- , 11. Exhibit J, Please provide us with evidence of insurance on the equipment naming as loss payee: npacifiCorp Capital, Inc. and its assigns as their interests may appear," and pJ:'oviding at least thirty days notice of cancellation. If self-insurance is used by the city, please provide PacifiCorp with the information requested on the Self-Insurance Questionnaire. 12. Please provide PCC with a certificate of Signing Authority to be submitted on the city's letterhead. 13. Please provide PacifiCorp Capital, Inc. with the serial number for the vehicles once they become available to you. Also, please ensure that PacifiCorp Capital is registered as the title holder. Please call if you have any questions. Sincerely, t\~~ Karen Hoggatt Finance Administrator Enclosures . 4 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o 0, RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A FIVE (5) YEAR LEASE PURCHASE AGREEMENT PACIFIC CORP CAPITAL INC. FOR THE FINANCING OF THREE (3) STREET SWEEPERS, HIO (2) FIRE PUMPERS, ONE (1) AERIAL BUCKET TRUCK AND ONE (1) CENTRACOM II CONSOLE FOR POLICE DISPATCH IN ACCORDANCE WITH LEASE PURCHASE QUOTATION LP9003. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That Pacific Corp Capital Inc. is the lowest and best responsible bidder for the financing of three (3) each street sweepers, two (2) each fire pumpers, one (1) each aerial bucket truck and one (1) each Centrcom II console for police dispatch in accordance with Lease Purchase Quotation LP9003 for the total amount of $1,061,717.30; pursuant to this determination, the City Attorney is hereby authorized and directed to prepare the necessary lease purchase transaction documents for said financing of three (3) each street sweepers, two (2) each fire pumpers, one (1) each aerial bucket truck and one (1) Centracom II console for police dispatch to said lowest and best responsible bidder Pacific Corp Captial Inc.; such award shall only be effective upon the issuance of an agreement by the Mayor of the City of San Bernardino; and all other quotations therefor are hereby rejected. SECTION 2. No other transaction shall be initiated under the Master Lease contained in this agreement without the prior approval of the Mayor and Common Council. SECTION 3. The Purchasing Agent, the Director of Finance, the City Attorney and the Mayor are hereby authorized to execute such documents as are necessary for the administration of this transaction. I I I I I I I I I I I I I I I I I I I I I I I I 01-31-89 -1- . - ~ 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING A FIVE (5) YEAR LEASE PURCHASE AGREEMENT TO PACIFIC CORP CAPITAL INC. FOR THE FINANCING OF THREE (3) EACH STREET SWEEPERS, TWO (2) EACH FIRE PUMPERS, ONE (1) EACH AERIAL BUCKET TRUCK AND ONE (1) EACH CENTRACOM II CONSOLE FOR POLICE DISPATCH IN ACCORDANCE WITH LEASE PURCHASE QUOTATION LP9003. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of ,198___, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: Ci ty Cl erl< The foregoing resolution is hereby approved this day of , 198 Evlyn Wilcox, Mayor City of San Bernardino Approved as to form and legal content: City Attorney / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 01-31-89 -2- .'; .d ~ ,10: . ..... o o /-/ " MUNICIPAL LEASING CORPORATION AGREEMENT Dated 8S of: February 6, 1986 Agreement No. 86-l112M CONTRACT PARTIES MUNICIPAL LEASING CORPORATION DBA MUNICIPAL FINANCE CORPORATION IN CALIFORNIA 8260 Greensboro Drive, Suite 225 McLean, Virginia 22102 A Virginia Corporation, hereinafter referred to .. -MLea. CITY OF SAN BERNARDINO 300 North D Street San Bernardino, California 92418 An agency or political subdivision of the State of California hereinafter referred to as .Municipality. . These addresses are to be used for all correspondence and notices (all notices are to be by certified mail return receipt requested) from one party to the other and "1 be changed by notifying the other party in writing. THE PARTIES (MUNICIPALITY AND MLC) AGREE AS FOLLOWS: I. DEFINITIONS For purposes of this Agreement and related documents, the listed definitions will apply: 1.1 ACCEPTANCE DATE. Unless otherwise agreed to by the prior written consent of MLC, it is defined as the acceptance by the Municipality of the first item of equipment delivered under this Agreement. 1.2 ASSIGNEE. The person(s) or entity(ies) to whom MLC transfers its rights, title and interest to a Schedule including the right to receive payments, a security interest in the Zquipment, and rights under the related Insura~~e. 1.3 EQUIPMENT. The goods enumerated on the attached Schedule(s). 1.4 RESERVE FUND. A fund established by MLC with a national banking association for the benefit of Municipality and to assure the Investor or Registered Owners the timely distribution of Payments due hereunder, and to provide interest and principal payments to MLC's Assignee(s) subsequent to an event described in Sections 7.1, 8.1, 8.2 or a loss occurring under Section 8.4 hereof. .':. 1.5 SCHEDULE. The document signed by the parties which authorizes the installation of Zquipment by MLC, describes the Agreement term for that Equipment, and Municipality's obligations with respect to payment, the assignable contract. 1.6 TRANSACTION DOCUMENTS. The Agreement, the Schedule(s), and all related documents. II. PURPOSE 2.1 MLC sells Equipment listed on Schedule(s) to Municipality, for consideration indicated in those Schedule(s). 0,...; ...-" 'I' , ~ .. .t\ l'..: 1.,.:;.. J~r ,L. -1- 8214F lO'VUTUTrr ":an "4.. L . ". , o ~ 1-1- o III. TERM 3.1 The term of each Schedule will begin on the Acceptance Date of the Equipment listed thereon and will terminate, except as otherwise provid.d herein, at the expiration of the number of periods indicated on such Schedule. IV. PAYMENT 4.1 AMOUNT AND TIMES OP PAYMENT. The total purchase price indicated in the Schedule(s) will b. paid in the Payment amounts set forth in the Schedule(s). Charges will accrue from the Acceptance Date. 4.2 LATE CHARGES. Payments received more than fifteen days after the due date will be subject to a lat. charge at the rate indicated in the appropriate Schedule (or at the highest rate allowed by law, if less). 4.3 ABATEMENT OP PAYMENTS. There will be no abatement or r.duction of payments by the Municipality for any reason. It is the int.ntion of the parties that the payments b. made "in all ev.nts, unless the obligations to pay such amounts are terminated as provided h.rein. V. RESPONSIBILITIES OP MUNICIPALITY 5.1 CARE AND USE or EQUIPMENT. Municipality, at its own expense, ViII obtain remedial and preventive maintenance during the tera of this Agr....nt to keep the Equipment in good operating condition and appearance. The Municipality agrees to use and provide ..intenance for the Equipment only in manner and to standards contemplated by the Equipment manufacturer. Selection of the firm to provide ..intenance coverage ViII be SUbject to approval by MLC, which approval viII not be unreasonably withheld. Municipality agrees not to relocate the Equipment vithout the prior written permission of MLC. 5.2 INSPECTION. With reasonable prior notice, Municipality viII allow MLC to enter the premises wh.re the Equipment is located during normal business hours to inspect the Equipment in order to determine whetb.r Municipality is fulfilling its responsibilities. .1; 5.3 INDEMNITY. Municipality hereby agrees to indemnify and save MLC barmless from all liability, claims, loss, damage or expenses of any kind, made or suffered by any party, during or after the term of this Agreem.nt cauaed directly or indirectly by the "inadequacy of the Equipment, any interruption or loss of servic., any loss of business or other da.age resulting from any fault of or in the Equipment or arising out of the ownerShip, selection, possession, operation, control, use, maintenance, delivery or return of the Equipment, including but not limited to personal injury, property damage, death or consequential da.ages. Indemnifications shall include costs and expenses, inCluding reasonable attorneys' f.es incurred in negotiations, trial or appeal by MLC in connection with any claim or action resulting from any such liability. Municipality will be credited with any amounts received by MLC from any liability insurance secured by MLe. -2- O~:..~C~l.~/\L .".&" .. ~ o ) o " /,} S.4 TAXES AND LICENSES. Municipality will comply with all laws and pay all taxes relating to the Equipment and Municipality's obligations hereunder, including, but not limited to, sales and use taxes, gross receipts taxes (including business and occupational taxes which are based on MLe's gross revenues related to this transaction), registration fees, license fees, documentary stamp taxes, personal property and ad valorem taxes and all other taxe., licenses and charges imposed on the ownerShip, pos.es.ion or use of the Equipment during the term of this Agreement, together ~ith any interest and penalties. Notwithstanding the foregoing, Municipality will not be obligated to pay taxes based solely upon MLC's net income. S.S ASSIGNMENT OR DELEGATION BY MUNICIPALITY. Municipality agrees not to lease, assign or transfer all or part of its rights and obligations under this Agreement or in the Equipment. or: S.6 DELIVERY OP RELATED DOCUMENTS. Municipality will sign or provide as required the following documents satiSfactory to MLe: a) An Agreement Certification confirming Municipality's Acceptance of the E9uipment as of the date installed. J') An Opinion of Counsel confirming Municipality's authority, warranties and representations. c) An Opinion of Counsel confirming Municipality's capacity to issue obligations qualifying Municipality as a political subdivision within the meaning of Section 103 of the Internal Revenue Code and the related regulations and rulings and that the portion of payments identified as deferred interest charges to maturity, upon receipt, viII not be . includable in Pederal gross income under Statute., regulation., court decisions and rUlings existing on the date of this opinion and consequently will be exempt from present Pederal income taxes and income tax of the State of California. d) Documents eVidenCing title and delivery. e) Municipality'S maintenance contract on Equipment. f) Pinancing statements or other documents perfecting MLe's security interest. .g) No-Arbitrage Certificate. h) Written acknowledgement of assignment and other documents required by the Assignee. i) Municipality's liability insurance and casualty insurance policy covering Equipment, if applicable. ~j) Municipality's representations as to the essential nature and use of the Equipment. Municipality shall forward items b through j (as required) to MLC prior to Equipment installation. S.7 TRANSPORTATION AND INSTALLATION CHARGES. Municipality shall be responsible for all charges relating to the transportation of Equipment to .Municipality's location and installation at such location. MLC may at its option either prepay such charge. and invoice Municipality or forward to Municipality transportation and in.tallation invoices as they are received, whereupon Municipality shall remit payment in a timelY. manner. -3- 0......... ~_I At i'..: l;:.j "'4/'"'\ 8214P ~-- o 1 o ) ~r VI. EQUIPMENT 6.1 TITLE. Title to the Equipment viII pass to the Municipality on the Acceptance Date. Title viII revert to MLC upon termination pursuant to Article VII or VIII. 6.2 SECURITY INTEREST. The Municipality grants to MLC and MLC retains a purchase money security interest in the Equipment. Municipality vi11 not change or remove any insignia or lettering which MLC may place on the Equipment to indicate its interest therein. Until all installment payments are aade or prepayment is complete Municipality will keep the Equipment free from any lien, encumbrance or legal process and the Municipality vil1 promptly discharge any claim which might become a lien or charge against the Equipment. 6.3 PILING. MuniCipality authorizes MLe to make MLe's security interest a matter of pUblic record by filings of any documents MLe deems necessary for that purpose and to be responsible for any costs associated therewith. Municipality agrees to Sign or execute such documents at its expense to evidence its consent to the filings. 6.4 PERSONAL PROPERTY. The Equipment will remain personal property and not be so affixed to realty as to cbange its character to a fixture or realty. 6.5 ALTERATIONS, ADDITIONS, ATTACHMENTS. In the event title to the Equip..nt revsrts to MLC, and at MLe's request, Municipality at its expense, will remove all alterations, additions and attachments and repair the EqUipment as necessary to return the Equipment to the condition in which it vas furnished, reasonable wear and tear excepted. Any rep1ac.m.nts or r.pair parts are Equipment subj.ct to the terms of the Agreem.nt. 6.6 EQUIPMENT RETURN. Municipality is responsible for the r.turn costs r.lated to the t.rmination of this Agreement pursuant to Article VII or VIII including deinstallation, rigging, drayage, fr.ight, and insuranc. to destination within the continental Unit.d States. MuniCipality vi11 provide MLC vith a current Original Equipment Manufacturer's c.rtificate of maintainability and arrange and pay for such repairs necessary to ensure that the aanufacturer accepts the Equipment for contract maintenanc. at its then standard rates. In the event Municipality fails to provide such certificate, MLC may but is under no Obligation to obtain the certificate and any charges associat.d therewitb vi11 b. borDe by' .', Municipality. VII. DEPAULT AND RBMBDIBS 7.1 DBPINITION. Any of the following events will constitute default under this Agreement: a) Municipality fails to make paym.nt required when due, provided such failure is not a direct result of an earthquake and do.s not continu. beyond such time as normal business operations are resumed, and such failure continues after written notic. by MLC for a periOd of fifteen (15) days after rec.ipt of such written notice, or b) Municipality fails to observe or perform any other cov.nant, condition, agr....nt or warranty of the Agreement and such failure continues for thirty (30) days without cure after MLe provides O~i ~. Municipality written notice of the failure. ,.~.~lJ1~JL .':. J J, : I " I' I - " ) ) ....- I-J o o c) Municipality becomes insolvent, makes an assignment for the benefit of creditors, applies for or consents to the appointment of a receiver, trustee, conservator or liquidator of Municipality or of all or a substantial part of its assets, or a petition is filed by or againat Municipality under the rederal Bankruptcy Laws or any similar state or federal laws providing for relief of debtors. 7.2 REMEDIES. If the Municipality defaUlts, MLC may at its option do any or all of the following: a) Terminate this Agreement by providing written notice to Municipality. b) Take possession of the Equipment wherever situated without liability for entering the premises, c) Sell, lease or rent and use the Equipment at its sole discretion. Municipality remains liable for arrears of payaents, the costs of taking possession including storage and repair, court costs and attorney's fees, sale or lease costs, and the balance due under tbe Agreement. The proceeds of such sale or lease of the Equipment sball be applied toward the balance due after deducting the aforementioned costs and payments. For the purposes of this proviSion, the balance due shall be equal to the Prepayment Amount plus any prinCipal deficiency in the Reserve rund, d) Declare immediately due and payable all BOnies during tbe Agreement Term by providing written notice to MunicipalitYt and e) Take any court action at law or in equity to enforce performance of the obligations or covenants of this Agreement and to recover damages for the breach thereof. Municipality shall remain liable including all costs and expenses Municipality. for reasonable daaages provided by law incurred by MLC due to the default by VIII. TERMINATION 8.1 TERMINATION rOR NON-APPROPRIATIONS. Municipality's obligations to pay any amounts due for those fiscal periods succeeding tbe current fiscal periOd are contingent upon legislative appropriation or approval of funds for that purpose. Therefore, the Municipality may terminate this Agreement with respect to not less than the entire Schedule effective as of the end of any of its succeeding fiscal periods (the "Termination Date") by giving MLC and its assigns sixty (60) days prior written notice of the termination and advising MLC of the location(s) where the Equipment may be found on the Ter.ination Date. All obligations of Municipality. to aake payments due after the Termination Date will cease and all interests of Municipality in the Equipment will terminate. Notwithstanding the foregoing, Municipality agrees Ii) not to ter.inate a SchedUle under this provision if any funds are appropriated to it for the acquisition (by either purchase or lease) of the Equipment or functionally similar . Equipment or Equipment performing similar applications and procedures for the fiscal periOd in question and (ii) that it will use its best efforts to obtain appropriation of the necessary funds to avoid termination of each Schedule by taking all appropriate action inclUding the inclusion in Municipality's budget request for each fiscal period during the term hereof a request for adequate funds to meet its obligations and to continue the Schedule in force and (iii) that it will not give priority or parity in the application of funds to any other functionally aimilar o.JGir'~AL -5- ...: . ) ~ I-?' o o equipment for u.eby the Municipality, (iv) th.t if the Contr.ct 11 ter.in.t.d pur.u.nt to this section 1.1, the Municip.lity vill not in the th.n current or .ucceeding fi.c.l year. purch..e, lea.e or rent Iqulpment perfor.in, function. .i.llar to thOle performed by the Teraln.ted IqUIP8fnt, .nd .,r.e. not to perait function. .Iall.r to tho.. perfor.ed through the u...of tb. IqUlpaent to be perfor..d by It. own ..ploy.e. or by .ny .g.nt or entity .fflli.ted vltb or hired by Municipality. Municipality repr...nt. .nd v.rr.nt.lt b.. .dequat. fund. to ...t it. obllg.tlon. during It. current fi.c.l .~ropri.tlon period. Munlcip.lity .cknovledg.. th.t th. aonl.. .nd .ecurltl.. In tbe Re.erve pund .h.ll be r.t.ined upon .ny Ter.ln.tlon for tbe b.neflt of the Inve.tor or Regi.ter.d Own.r., .nd .ny d.flci.ncy in the prinCipal .lOunt of the Re..rve Pund .h.ll b. re.tored by Municipality, exc.pt, Municipality'. only re.pon.ibility .h.ll be for . d.fici.ncy (R...rve pund D.ficiency) In tbe prinCipal .aount re.ulting fro. Municip.lity'. f.llure to ti..ly..ke payaent. prior to th. effective d.te of a non-approprl.tlon of fund. pur.uant to thl. Section 1.1. . 8.2 PREPAYMENT. So long .. Municipality I. not In d.fault, Municipality vlll bave the right, upon providing MLC vith .ixty (60) d.y. prior vrltten notlc" to pr.pay Ita obligation for th. amount ..t forth In th. Pr.payaent collllllft on th. d.te. provided In the Schedule(.) plu. the .lIlOuntby which tbe principal .mount origln.lly d,po.ited In th. R..erv. Pund .xc..da th. prinCipal aaount realiz.d frolll .uch Pund upon Ita liqUidation. payaentllU.t be recel"ed by tb. .pecific date ..t.bll.hed. 1.3 MUNICIPALITY'S RIGHTS ON PREPAYMENT OR PAYMBN'l' lit PULL. Upon (1) Municipality'. .x.rci.. of It. right of pr.paym.nt and(or (II) Itunlclpallty'. h.Vlng .athfl.d all of Ita aon.tary .nd oth.r Obllg.tion. b.r.und.r, IILC vill r.l.... It. .ecurity int.re.t In the EqUlpaent. 8.4 DESTRUCTION OP EQUIPMENT. In the .vent any of th. Equipment I. d..troy.', .tolen or In the r...on.ble opinion of Munlclp.llty, '...ge'beyond econo.leal repair, MuniCipality .hall give pro.pt vrltten notlc. of .ucb.v.nt toM~ .n' It. a..lgn.. If MLC r.place. .uch Equipaent vlthin 60 'ay.of notification then this Agree.ent vill continue in fore.. Municipality.t this tl.. vlll pay MLC for the r.placement co.t of the Equlpa.nt. If at tb. end of tb. .ilty day p.riod the Equipment cannot b. r.placed then th. Municipality vlll. i_dlately pay to MLC an a.ount In ca.h equal to that .h.r. of the Pnpayaent Amount .et forth In the .ppropriate Schedul.C.) vhlch I.. .ttrlbutable to.ueb Equip.ent. Said DOUnt .h.ll b. b...d on th. perc.nt.g.that th. purCha.. pric. of th. Equipa.nt bear. tot~. total purcha.. prlc. of ell B9ulpaent included in .uch Schedul.. There .hall be no abat...nt of periodiC payaenta through th. .nd of the .ixty-day period. In th. ev.nt there ar. In.uranee. proceed. covering thl. obligation In exc... of th. aaount. .du.then .uch exc... .hall b. retain.d by Municipality. The Municipality .gr..., upon prepar-ent und.r th. t.r.. h.reof, r..ulting fro. the total da..,., de.truction, or th.ft of all the EqUlp..nt, to r.pl.ni.h th. R...r". pund a. ..t forth In S.ction 8.1 of thl. Agreement. IX. ASSIGNMEN, BY ML<; 9.1 ASSIGNMENT. Municipality understand. that MLC contupl.te. .'Parately a..lgning (or r....lgnlng) it. right, tltl. and Int.reat In e.ch Sch.dUle, tbe Bqulpaent ll.t.d th.reon, and.all right. to r.c.lve furth.r payaent. to another party ("A..lgnee"), .ubject .to th. rlghta of Municipality h.r.under. Municipality con..nt. to .uch a..19naent. and .9re..to ..nd ^'"!Ir-"",", A.oI . - . o , o ) /-7 all Agreement notices to both MLC and its assignees. All rights of and indemnifications to MLC will inure to the Assignee. Any such Assignee will not be obligated to perform any of the obligaUons of MLe:. Municipality agrees to make payments required under the SChedule directly to the Assignee without abatement or reduction of any kind. Municipality will not assert against any Assignee or transferee of MLe's rights any claim, any defense, counterclaim, offset or recoupment of any kind, variety or nature which Municipality may now or hereafter have against MLe whether accruing under the Agreement or otherwise. 9.2 ADVICE or ASSIGNMENT. Upon assignment of MLe's interests to an Assignee, MLC will cause a written notice of such assignment to be sent to Municipality which shall be sufficient if it discloses the na.. of the Assignee and the address to which further payments hereunder should be made. No further action will be required by MLe or by Municipality'. consent to the Assignment. Notwithstanding the foregoing, no such assignment shall be effective against the Municipality unless the Municipality receives notification in writing of such Assignment deSignating the name and address of any such assign. In compliance with Section 103(j) of the Internal Revenue Code, tbe MuniCipality agree. to affix a copy of each notification of assignment to the Municipality's counterpart of the Agreement. X. WARRANTIES AND REPRESENTATIONS 10.1 WARRANTIES AND REPRESENTATION or MUNICIPALITY. The Municipality represents and warrants to MLe and, so long as this Agree.ent is in effect or any part of MuniCipality'S obligations to MLe: remain unfulfilled, .hall continue to warrant at all times, that: a) Municipality is a state or a duly organized and validly existing political subdivision or agency thereof and bas the power and authority to enter into the Transaction Documents to which it i. a party and to carry out the terms thereof. b) This Agreement and all other Transaction Documents and the performance of Municipality'S obligations thereunder have been duly and validly authorized and approved under all laws and regulations and procedures applicable to Municipality, the consent of all necessary persons or bodies has been obtained and all of the Transaction Documents executed by MuniCipality have been duly and validly executed and delivered by authorized representatives of MuniCipality and constitute valid, legal and binding obligations of Municipality enforceable against Municipality in .': accordance with their respective terms. XI. DISCLAIMER or WARRANTIES 11.1 The Municipality acknOWledges that the Equipment is of a capacity, and manufacture selected by the MuniCipality. manufacturer of the EqUipment. size, design and MLe is not a 11.2 MLe MAKES NO WARRANTIES OR REPRESENTATIONS or ANY lIND, EXPRESS OR IMPLIED, RELATING TO THE EQUIPMENT OR PATENTS RELATING THERETO, AND MLC BAS EXPRESSLY MADE NO WARRANTY AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR rITNESS rOR A PARTICULAR PURPOSE or ~BE EQUIPMENT. -7- O 1........'.1 A r h: U i' "'tAL 8214r .~ '. .':. . ) o. o j-t? 11.3 MLC will not be liable to the Municipality for any liability, loss or damage caused or alleged to be caused, directly or indirectly, by the Equipment or by any inadequacies thereof or deficiency or defect therein, by any incident whatsoever in connection therewith or in any way related to or arising out of this Agreement. Notwithstanding the foregoing, the Municipality will be entitled to the benefit of any available manufacturer's warranties. MLC agrees to execute and deliver such further instrument as may be necessary, in the reasonable opinion of the Municipality, to enable it to enforce such warranties and obtain the warranties and service furnished for the Equipment by the manufacturer. XII. GENERAL 12.1 WAIVER. No delay or omission by the parties in exercising any right in any of the Transaction Documents shall operate as a waiver of that or any other right and no single or partial exercise of any right shall preclUde the parties from any or further exercise of any right or remedy. 12.2 BEADINGS. All section headings contained herein are for clarification and convenience of reference only and are not intended to limit the scope of any provision of this Agreement. 12.3 SEVERABILITY. In the event any portion of this Agreement shall be finally determined by any court of competent jurisdiction to be invalid or unenforceable, such provision shall be deemed void and the remainder of this Agreement shall continue in full force and effect. 12.4 AMBIGUITY. The parties to this Agreement, and each of thea, hereby represent that the language contained herein is to be construed as jOintly proposed and jOintly accepted, and in the event of any subsequent determination of ambiguity, all parties shall be treated as equally responsible for any such ambiguity. 12.5 GOVERNING LAWS. This Agreement shall be construed in accordance with and governed by the laws of the state where Municipality's principal place of operations exists. 12.6 IMPLEMENTATION. This Agreement shall be implemented through Schedule!s). por purposes of construing a transaction as an integrated agreement and for the purposes of the provision of Article IX, the following shall be considered a single transaction and legal and binding Agreement: a) The Agreement, which provides basic terms and conditions. b) A Schedule. 12.7 AMENDMENT. Any of the Transaction Documents may only be amended in writing by obtaining the signature of the parties. No assigned Transaction Document may be modified without the prior written consent of Assignee. 12.8 EXECUTION. Each Schedule may be executed in any number of counterparts but only the counterpart that is labeled, .Original. will be deemed to be the original Schedule for purposes of perfection of a security interest therein and shall be the only counterpart which may be transferred and given to transfer the rights of MLC thereunder. This Agreement and Schedule!s) issued pursuant thereto shall not be effective until accepted las evidenced by an authorized signature) by "LC. _R_ O~'~;}\.'A , , '. o , 0-" /-y 12.9 PORMATION OP AGREEMENT. MLC shall not be bound by this A9reement until it is excecuted by sn officer of MLC. XIII. SIGNATURES IN WITNESS WHEREOP, the parties hereto have caused this A9reement to be executed as of the day and year first above written. MONICIPAL LEASING CORPORATION DBA MUNICIPAL PINANCE CORPORATION IN CALIPORNIA BY: 1.J;lL~~.~~.9. BY: NAME: wtLLtAJti ,j. /If CJ...It(l.7'( , Jt( NAME: Dean TITLE: f)tlt.~crolC DF' toN71f"kTr TITLE: Purchasinq Aqent DATE: ,T.!O ll't. DATE: .March. 5. 1986 DATE ..V.4- 'J'~ .':. -9- o ~'-.l G d'lAL 8214p . o o EXBZBZT A HODZPZCATZON NO. 1 Dated as of July 1, 1988 Agr....nt No. 1112 Modification No. 1 dated July 1, 1988 to Agreement No. 1112 dated as of February 6, 1986 and all schedules thereto (the . "Agreement") between Municipal Leasing corporation, as MLC, and the city of San Bernardino, as Municipality. 1. It is acknowledged that MLC has, prior to the date hereof, been merged into Systems Leasing Corporation, and that the name of the surviving corporation is "PacifiCorp Capital, Inc." and its State of incorporation is Virginia. It is further acknowledged and agreed that as a result of the foregoing, Pacificorp capital, Inc. has succeeded to all rights and interests of Municipal Leasing Corporation under the Agreement and any and all Purchase Qrders or subcontracts issued thereto. In connection therewith, the name "PacifiCorp Capital, Inc." is substituted for the name Municipal Leasing Corporation in the Agreement in each place where the name "Municipal Leasing Corporation" appears, and any and all Purchase Orders or subcontracts issued which may hereafter be acknowledged by MLC under the Agreement shall be issued to PacifiCorp Capital, Inc. in its own name (with the same force and effect as if Pacificorp Capital, Inc. were originally named as "MLC" under the Agreement. 2. Municipality agrees to appoint PacifiCorp Capital, Inc.'s assigns as its agent for. the purpose of -maintaining a book entry system as required by the Internal Revenue Code of 1986. 3. No more than 10% of the use of any unit of the Equipment in any month will be by persons or entities other than the Municipality or its employees on matters relating to such employment, and no more than 5% of use of any Unit of the Equipment in any month will be unrelated to use by or for the Municipality. No management contract shall be entered into with respect to any unit if the Equipment unless (a) at least half the compensation is on a periodic, fixed-fee basis; (b) no compensation is based on a share of net profits and (c) the Municipality is able to terminate the contract without penalties at the end of any three years. 4. As an inducement of PacifiCorp Capital, Inc. to enter into this Agreement, Municipality agrees to cooperate with PacifiCorp capital, Inc. in the assimilation and verification of information with regard to any matters whatsoever concerning this Agreement, and further agrees to execute such documentation as may be required for. the purpose of properly reporting this Agreement including, without limitation, IRS form 8038G or 8038GC, as required under the Internal Revenue Code of 1986 or any related rulings and regulations thereunder. ORIGINAL . o o Modification No. 1 Agre8lllent 1112 page 2 5. The Agreement, as amended hereby, shall continue in full force and effect in accordance with its terms. IN WITNESS WHEREOF, the undersigned have executed this Modification as of the date first above written. PACIFICORP CAPITAL, INC. as successor to Municipal LeIng corporation I i')' 7 By If // v,ifJ-t /' - ,f> Name (I r SA tI F 0/"');> Title /ck. c/;',,{E c;(n,U ( Title 71T ORIGINAL . o o ;).-( BXHXBXT B SCBBDULE NO. 3 Dated a. of: February 17; 1989 THIS SCHEDULE is issued pursuant 1986, between the parties to the of the Equipment listed herein. meanings ascribed to them in the To Agre_ent No.: 1112 to Agreement dated as of February 6, Agreement to authorize installation All terms used herein have the Agreement. A. Payment No. 1 shall be due on October 1, 1989 and subsequent payments shall be due semi-annually thereafter as set forth hereunder: Payment Payment Payment Xntere.t Prepayment 1fI1111her ~ Amount Portion Amount 1 01-0ct-89 63,046.44 20,001.40 479,637.55 2 01-Apr-90 63,046.44 18,326.95 433,378.43 3 01-0ct-90 63,046.44 16,587.36 385,500.23 4 01-Apr-91 63,046.44 14,780.10 335,946.30 5 01-0ct-91 63,046.44 12,902.54 284,657.98 6 01-Apr-92 63,046.44 10,951. 94 231,574.57 7 01-0ct-92 63,046.44 8,925.47 176,633.24 8 01-Apr-93 63,046.44 6,820.16 119,768.96 9 01-0ct-93 63,046.44 4,632.96 60,914.43 10 01-Apr-94 63,046.44 2,360.67 0.00. B. LATE PAYMENTS. There will be a charge of 1. 5% per month based on the amount .of any late payments. C. FISCAL YE~. The Municipality's fiscal period is from July 1 to June 30. D. PREPAYMENT AND TERMINATION AMOUNTS. The Prepayment Amount will be due in addition to and concurrently with the payment then due. E. DEFERRED INTEREST TO MATURITY. Deferred interest charges to maturity are as set forth above. G. INSURANCE: RISK OF LOSS. As against PacifiCorp Capital, Inc., Municipality shall bear all risk of loss or damage to the Equipment until the Equipment is returned to Pacificorp Capital, Inc. pursuant to Agreement Article VII or VIII. The Municipality agrees to. hold harmless and indemnify PacifiCorp Capital, Inc. from all liability for damages to the equipment or personal injury arising out of the use of the Equipment. The Municipality further agrees to secure self - . insurance for the Equipment for the duration of the Lease term and to complete Exhibit A hereto describing such self - insurance program. Page 1 of 2 ORIGINAL . . o o H. EQUIPMENT DESCRIPTION. The Equipment as defined in the Agreement includes the following: EQUIPMBllT LIST Ouantitv DescriDtion EauiDment Cost Serial Number 3 1 1 Street Sweepers Aerial Bucket Truck Centracom II Console Police Dispatch Communications $298,608.00 67,278.00 119,184.60 Subtotal Sales Tax Total Pinanced Amount $485,070.60 29,104.24 $514,174.84 THE TERMS GOVERNING THIS SCHEDULE ARE CONTAINED IN THE AGREEMENT REFERENCED ABOVE AND APPLY WITH THE SAME FORCE AND EFFECT AS IF SET FORTH FULLY HEREIN. THIS SCHEDULE IS SEPARATELY ASSIGNABLE. Pacificorp Capital, Inc. shall not be bound by this Agreement until it is executed by an officer of PacifiCorp Capital, Inc. PACIPICORP, CAPITAL, INC. CITY OP SAN BERNARDINO BY: BY: TITLE: TITLE: DATE: DATE: Page 2 of 2 ORIGINAL 4 . . & J _ . o o ;. - 1- BXHIBIT C AGREEMBIlT CBRTIFICATIOR Dated as of: February 17, 1989 Agreement Ro. 1112 COIlTRACT PARTIES PacifiCorp Capital, Inc. 1801 Robert Fulton Drive Third Floor Reston, Virginia 22901-4347 A Virginia corporation herein after referred to as "PCC" City of San Bernardino San Bernardino, California An Agency or political subdivision of the State herein after referred to to as "Municipality" In accordance with Schedule NO.3, we hereby confirm the following for the equipment described thereon: 1. USE: The primary uses and applications of the Equipment are as follows: 2. EQUIPMENT LOCATION: The Equipment is installed at the following address: 3. INSURANCE: We certify that property damage and liability insurance has been secured in accordance with the Agreement and such coverage will be maintained in force for the term of the Agreement. PacifiCorp Capital, Inc. will be designated loss payee until we are notified, in writing, to substitute a new loss payee. A copy of the policy endorsement will be provided. 4. MAINTENANCE: We certify that we have contracted for equipment maintenance service and will keep such coverage in force for the term of the Agreement. A copy of the maintenance contract will be provided. 5. ACCEPTANCE: The first item of equipment is delivered and accepted as of FOR: BY: NAMB: TITLE: I ORIG\NAL 7- 4 IL. l . o o ;;I'j BXHIBIT D Aqre_ent Bo. 1112 BO-ARBITRAGB CBRTIFICATB Pursuant to Treasury Regulations (1.103-13(a) (2), the city of.San Bernardino (herein called the "Municipality") hereby certifies, with respect to PacifiCorp, Capital, Inc. Agreement dated as of February 6, 1986, Agreement No. 1112, Schedule No. 3 (herein called the "Agreement"), as follows: 1. The Agreement is being entered into by the Municipality to provide for the lease of certain equipment (herein called the "Equipment"), by the Municipality to be used by the Municipality at its governmental offices. The Agreement provides that under the terms and upon the conditions provided therein, the Municipality, at its option, may purchase the Equipment. 2. The Agreement provides that PacifiCorp Capital,. Inc., shall lease the Equipment to the Municipality, and that the Municipality shall pay to PacifiCorp Capital, Inc. semi-annual rental payments (herein called the "Rental Payments"). As specified in the Agreement, a portion of each Rental Payment is designated as interest in accordance with the schedule attached hereto. 3. The Agreement will commence upon the date of acceptance of the Equipment and will continue until either (i) the Municipality makes all of the Rental Payments as required by the Agreement, or (ii) the Municipality exercises the purchase option as set forth in the Agreement and all interest of PacifiCorp capital, Inc. or its assigns in the Equipment terminates, or (iii) the Agreement is otherwise terminated in accordance with its terms, in which case PacifiCorp Capital, Inc. or its assigns may retain an interest in the Equipment. 4. The Municipality will not receive any proceeds or other consideration for its payment of the Rental Payments pursuant to the Agreement other than the use of the Equipment, and it is reasonably expected that the Municipality will not sell or otherwise dispose of the Equipment prior.to the termination of the Agreement. 5. It is expected that Rental Payments under the Agreement will be paid from annual appropriations of the Municipality deposited into the Operating Fund of the Municipality, that such appropriations will equal Rental Payments during each payment period, and that all amounts paid for Rental Payments will be from an appropriation made by the Municipality during the fiscal year in which such Rental Payment is made. No other fund or account, except as authorized or established pursuant to the Agreement, will be used directly or indirectly to pay Rental payments under the Agreement nor is any other fund pledged as security for the payment of Rental Payments under the Agreement. ORIGINAL ~~....2' - - '.' - L - o o ?_J Agre_ent lITo. 1112 lITo-Arbitrage Certificate page Two 6. Nothing in this certificate shall diminish any rights or benefits of the Municipality under the Agreement. 7. The Municipality agrees that it will not use or permit the use of the Equipment by any person not an "exempt person" within the meaning. of Section 103(b) (3) of the Internal Revenue Code of 1954, as amended, or by an "exempt person" (including the Municipality) in an "unrelated trade or business" within the meaning of Section 513(a) of said code, in such manner or to such extent as would result in the loss of exemption from federal income tax under section 103 of said code of the portion of Rental Payments designated as interest. 8. The Commissioner of Internal Revenue has not published notice in the Internal Revenue Bulletin that the Municipality is disqualified and may not certify obligations under Treasury Regulations (1.103- 13(a)(2), nor has the Municipality been advised that such action is contemplated. To the best of the knowledge and belief of the undersigned, there are no other facts, estimates, Or circumstances that would materially change the expectations of the Municipality as set forth herein, and said expectations are reasonable. The undersigned is an officer of the Municipality responsible for executing the Agreement and is acting for and on behalf of the Municipality in executing this certificate. Dated: CITY OP SAlIT BBRlITARDIlITO Municipality By Title ORIGINAL o o -- 7,> EXHXBXT E (To be submitted on Municipality's Letterhead) ESSENTIAL USE LETTER Date: pacifiCorp, Capital, Inc. 1801 Robert Fulton Drive Third Floor Reston, Virginia 22091-4347 RE: Agreement dated as of February 6, 1986, between PacifiCorp Capital, Inc. and the City of San Bernardino, Agreement No. 1112, Schedule No.3. Gentlemen: This letter is being written with respect to the use of the property (hereinso called) to be sold to the undersigned under the above- referenced Agreement. The property will be used by for the following purposes: (Department or Division Using Equipment) (State how and for what purposes the property will be used) The undersigned hereby represents that the use of the property is essential to its proper, efficient and economic operation. Very truly yours, CITY OF SAN BERNARDINO Municipality By: Title: o o ;;.;~ " Aqre_ent 110. 1112 Schedule 110. 3 BXH:IB:IT P IRS 8038-G Tax porm The IRS Tax Form 8038-G is to be completed as described below. There are four blocks you must complete: Section 2. Fill in your employer identification number (EIN). Section 4. Fill in the second blank. This number reflects the number of Form 8038-Gs you have submitted so far this year. Section 6. Please check the accrual date. Signature block. Remember to include an authorized signature, the date and the title of the authorized signatory. PCC will complete section 17(a) on your behalf. PCC has prepared this form and any necessary estimates in accordance with its understanding of the new IRS policy. To the extent you are relying on information provided by PCC, we certify that, to the best of our knowledge, the information is complete and correct. As timely filing of this tax form is imperative, please return it at your earliest convenience. ~..~ 'C.A;;'~~.~~.~",,"""--_~ . o o ,,-/ Contract 1112-3 0...-.""'."'.'.... ,'..,""" "".'OW' ....""" s.""". Information Return for Tax-Exempt Governmental Bond Issues . u"", Stch." l"lt' (U" "'''' 10)8 t,C ,I ,n",. 'f.e. I. ",,,,.' 1100.000' Ow.... 1~\O'I~ t...." II-II.., '.'~ 8038.G (Otu"".' 1'16' 1 ",,,""fle"" Cit of San Bernardino Cllte~ 1>0. .1 "",.n't' Rllv.n . I ...."',.. ."'fIey" .....u,... """"'.. I fill""".., tftf .,..., 250 W. Cluster St. , ,....,towf't\.t'..Ilif'....... San Bernardino, CA 92408 l t ollnut (thttk bOlln Ih.l. lin) 7 Cllttk bD.,I bonCl\ "t III orolllt' 't..nvt .nlot'PlIoon bond,. 0 . Cllttk bD. .1 bDnd, .'t in lilt lor'" 01 . lent Dr ",sl.II""nl Sift. f:l , 0 [due.llon. . . . . . . . . . . . . . . . . 10 0 Hullll.nd IIDSpi1l1 11 0 '"n,port.lion 1Z {it Pvbloc Silt" . . . . . 13 G [nvi,onrntnl (.ntludl"C stw'Ct bonds) 14 0 Hous.nC . . . . . . . " . IS 0 Uliloliu .. . . . . . . . l' 0 Olllt.. Ouell~ Is.. .n"'utl.ons). . .........."..,. CUI . De" III ..we 4 1 89 ...."'fttc. lion of Bonds A 17 F,n.1 ",lIvlll, . II [nlut iSlut, . Usn of 0,; It P'oettds ustd 10' ICt'utd .nltltsl . . . . . . . . . . 20 P'OCttO, "'ta '0' bona ,ssu.nct Co'I' (,nCluOlna "nOerwrlttl~' o'$Count) 21 P,otteds uud 10' C'tdl~ tnhlntfmfnt 22 P'ocreOs III0cattO \0 'u~or'llbIJ .rQulltO 'uerwl or feplacemfn~ '".nO .... 2) P'ott'Cb USlO to 'rturtCJ p'iO' Inuu . . . . .. . . . 2. Non.tlund. plOCttd. Of. lilt 'Slut {subtrIC11.nt. 20. 21 22. .nd 23 from I.". 18. colu",n Ie I Outrlption of Rtlundtd Bonds (tom Ittt Ihis a,lonl lor 'tlundi.. bonds 25 [ntef tht rem,lftl"l wt,chteC' II/erllt m"atu'lt, of the bonds to bt fe'unCStct 26 [nltllllt IISI dllt on wh.ell Iht ,.fundtd I>OndS w.1I bt C.lltO 27 [nt" 'hI' dlte' the refundra bOnd' .,ff InUl'd . Mllttll.ntous It 20 3 1 6 21 22 23 2. 514,174.84 . .. n I:::. . rea's 21 29 [nIt' lilt .mounll.l.n,) 01 tilt IIlIt yolumt e.p .lIoe.ltO 101M .nut . . . . . . . . . .. ~tbll"ee ,.bllt: . Chetll. be. tf the Stnlll IOYfrn",en.,1 urut t.ctphon 10 Ihf ,rbltrll' ',b,tt ,eQI,,Il'tmenIIPp11t1 . b Chttk be. I' the 6.monU\ temporary Ir'I.."tment t'"pl,on to Ihr ,fbIU'Cf Ifbatt 'fQulltment IS fJPfC"d to IPplJ c Chet" boll' ,Ou t,~CI to tlln ,nO feb.tt .rbolllge P,otlU to the U S 30 [nltt Ihe .mo"nl 01 Iht I>Ono. dt"i'.teO o,lht ,,,"t. "nOtt Stehon 26;(oX3XBXIO) 31 POOled "n.ne,nc, . Checlt. bOadl")' of the procetd' of Ihll Inut Iff to be uud to ml"" 101'" to ot"", IOwffnrnentlt unit,... 0 and tnt,r the .ft\Oul\t ... .. Check boa It th,' I"ue IS I lOin ""Of from tf'lf P'OCftds ot IhO'''I' 11..t1empt .nut ...0 and enttr the name ot the ,nutf ... 11'\" the dltt of the .nut ... n/a L LX . R/a Pluu Silft u....... UtoOt' """lon.1 ..'....., 10ft"" '....' I ",., '.."'.fII..'.... '.h,'" If'lO .ce""""'..... tC..........1WI tI.11"",,"1...f\O ,. ,'" Ill".' 1ft, .l'IO_'9CI' '''C '" '1' ,,,,,,..,,,,,,. ...".n 'I'lCIU'l"'I,tt" ~ ~- . o o , EXHIBIT G SAMPLE OPINION LETTER TO BB BXECUTBD ON COmrSBL' S LETTBRHEAD PacifiCorp, Capital, Inc. 1801 Robert Fulton Drive Third Floor Reston, Virginia 22091-4347 Gentlemen: We are counsel to the City of San Bernardino, (the "Municipality"), and, in that capacity, we have examined the Agreement, Agreement No. 1112, dated as of February 6, 1986 (the "Agreement"), and Schedule No.3 thereto, between the Municipality and PacifiCorp, Capital, Inc. ("PCC"). As a result of our examination of the Agreement and such other examinations as we deemed appropriate, we are of the opinion as follows: (a) The Municipality is a public body corporate and politic and is authorized by the Constitution and laws of State of California to carry out its obligations under the Agreement; (b) The Agreement delivered by ** agreement, enforceable has been duly authorized, executed , and constitutes a valid, legal in accordance with its terms; and and binding (c) No approval, consent or withholding of objection is required from any governmental authority with respect to the entering into or performance by the Municipality of the Agreement and the transactions contemplated thereby; (d) The entering into and performance of the Agreement will not violate any judgment, order, law or regulation applicable to the Municipality or result in any breach of, or constitute a default under, or result in the creation of any lien, charge, security interest or other encumbrance upon any assets of the Municipality or on the equipment subject to the Agreement pursuant to any instrument to which the Municipality is a party or by which it or its assets may be bound; (e) The equipment is personal property and when subject to use by the Municipality will not be or become fixtures under the law of the State of California; (f) The Municipality is a political subdivision within the mean~ng of section 103 of the Internal Revenue Code and the related regulations and rulings and that the portion of payments identified as deferred interest charges to maturity, upon receipt, will not be 1 - o o :J.---7 includable in Federal gross income under statutes, regulations, court decisions and rulings existing on the date of this opinion and consequently will be_exempt from present Federal income taxes and income tax of the state of California: and (g) There are no actions, suits or proceedings pending or to our knowledge, threatened against or affecting the Municipality in any court or before any governmental commission, board or authority which, if adversely determined, will have a material adverse effect on the ability of the Municipality to perform its obligations under the Agreement. Very truly yours, **PERSON SIGNING DOCUMENTS 2 w ~ ~ ~ . . o o ).._/v EXHIBIT R SAMPLE NOTICE OF ASSIGKNBNT LETTER Date: TO: city of San Bernardino . 300 North D Street San Bernardino, California 92418 RE: That certain Schedule No. 3 to Agreement No. 1112 dated as of February 6, 1986 (the "Agreement") between PacifiCorp Capital, Inc. ("PCC") and the City of San Bernardino as Municipality. Gentlemen: Please be advised that pursuant to the Agreement, PacifiCorp capital, Inc. PCC is assigning all of its right, title and interest in, to and under the Agreement to: SAMPLE All payments and notices in connection with the Agreement are to be sent to: SAMPLE with a copy of any notices to PCC. The terms of the Assignment specify that PCC shall continue to perform all obligations and duties required of PCC under the Agreement, and the Assignee shall not be responsible for performance of any such obligations or duties. In compliance with section l49(e) of the Internal Revenue Code, the City agrees to affix a copy of each notification of assignment to the city's counterpart of the Agreement. We request that this notice of assignment be acknowledged by signing in the space provided below and returning a copy to us. Sincerely, Phillip G. Norton President ACDfOWLEDGED AND AGREED: CITY OF SU BERNARDINO BY: IIAIlE : TITLE: DATE: o o ?- -,/ BXHIBIT I Aqre..ent No. 1112 Schedule No. 3 INVOICING IlIPOlUIATIOH PORK . Please help us provide a more efficient service to you by completing the information requested below and returning this form to us along with the Contract documentation. 1. Invoicing Address: 2. Accounts Payable Supervisor: Name Telephone . o o ;;;- - / l- BDIBIT J 1) Does the Purchaser intend to self-insure for: a) damage or destruction to the property; b) liability for inj~ry (including death) to persons? 2) What are the limits (in dollars) of the liability the Purchaser proposes to assume for claims under 1) above? 3) Does the Purchas~r maintain an umbrella insurance policy for claims in.excess of Purchaser's self-insurance limits under question 2) above? If so, a) does the umbrella policy provide all-risk property damage coverage and coverage for liability for injuries, including death, to persons? b) What are the umbrella policy's limits for such property damage and liability coverage? 4) From what source does the Purchaser obtain funds to pay its self-insured liabilities? a) Does the Purchaser maintain a self-insurance fund? If so, i) Are the monies in this fund subject to annual appropriations? ii) What total amount is maintained in the fund to cover the Purchaser's self-insurance liabilities? iii) Are amounts paid from the fund subject to limitations per each claim? iv) If the Purchaser does not maintain an umbrella policy, are claims limited only to amounts available in the fund, or may a claimant pursue other avenues of relief against the Purchaser? v) Who or what is the decision making authority for payment of claims submitted against the Purchaser? 1 - ~ - o 0 :;.., If vi) If a claimant receives an adverse decision from the entity described in 4.a)v) above, does the claimant have recourse to the courts or to another administrative agency (i.e. who/what is the authority of last resort for paying a claim against the Purchaser's self-insurance liability? b) If the Purchaser does not maintain a self-insurance fund, from what source(s) does the Purchaser obtain funds to pay claims against its self-insured liability? i) What are the limitations and amounts payable for claims against these funding sources? ii) Who/what is the entity authorizing payment from a claim against the Purchaser's self-insurance liability? iii) Who/What is the authority of last resort for paying a claim against the Purchaser's self-insurance liability. 2 - 1& 4. .. .0 ~PACIFICORP =:=CaJJital, Inc. A I1lCi/iG0I11 /'/lIilllciiJ/8nvic('S GIIIII/IiIllY "M.\,,\..t,p -,\( t'F Sf\d bC '.bH11~"~:'l' .r.,i~S\i\G\YcPi).\\ HU" ; ,1.,./111 \ ..:3 fEB - 3 1'\1 2: 29 ....... '--. rl ro c ~... . . ~ to l; .'- -. Public Finance Division February 1, 1989 L/7't1?0 Dean R. Meech Purchasing Agent City of San Bernardino 250 West Cluster Street San Bernardino, CA 92408 ---- Dear Mr. Meech: This letter is to acknowledge the acceptance of Bid F-89-21, 22, and 16 plus the Centacom II console police dispatch communication which has no bid number. with the City's acceptance of our offer, our lease/purchase rates are fixed for the transaction. The appropriate lease documents are being processed. sincerely, ~-j.~ william L. ~remiah Regional Vice President WLJ:khs Home Olliee: 8260 Greensboro Drive, Suite 225, Mclean, Virginia 22102 (703) 893-2460 Telecopy: (703) 848-2425 AnA( Rn...lt.. Dn..'" <::..l,.1.nll Rnntt. r",lifnl'...i. Q?nn? (r.l0' "7<_1<?.4 T..l...rnnv' ("'10' .47<_4411? - - .' II III m. . - ~ - /v~.. o ::',TY OF SAri BERNARDINO .IJf:CIIASING DEPARTMEPn ;~JJ JAN 19 Pll 2: 35 RECElVt:.D payments are not acceptable. CONDITIONS 1. Down payment or balloon 2. Use of reserve amount or buy down account not acceptable. 3. The City of San Bernardino will not allow private placement to public market of any lease obligation. 4. Quote accordingly. Indicate unde~'lO million tax exempt debt rate.......~' or over 10 million tax exempt debt rate G2r' This quote required by 1-19-BB (Date) PACIFICORP CAPITAL, INCORPORATED (Company) William L. Jeremiah (Contact) ~'4'_ ~. ~A_:_~ ( 19n 619/475-1524 (Phone) February IB, 19B9 (Date) 1\ -::..:~ ~ .4 - .h .b , o o Please quote each separately and all together. 1. 5 Year Lease....Effective Annual Percentage Rate S 7.78 Semi-Annual in Arrears Payment...................$ 38,811.20 Total Payout......................................$ 388,112.00 Rate Good Until................................... 2/19/89 2. 5 Year Lease....Effective Annual Percentage Rate S 7.78 -Semi-Annual in Arrears Payment...................$ 8,744.37 Total Payout.....................................$ 87,443.70 Rate Good Unti 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2/19/89 3. 5 Year Lease....Effective Annual Percentage Rate S 7.78 Semi-Annual in Arrears Payment...................$ 43,125.29 Total Payout.................................. .,...$ 431,252.90 Rate Good Until................................... 2/19/89 4. 5 Year Lease....Effective Annual Percentage Rate S 7.78 Semi-Annual in Arrears Payment...................$ 15,490.87 Total Payout.................................... .$154,908.70 Rate Good Until................................... 2/19/89 All : 5 Year Lease....Effective Annual Percentage Rate S Semi-Annual in Arrears Payment...................$ Rate Good Unt; 1................................,.. 7.78 106,171.73 1,061,717.30 2/19/89 Total Payout.....................................$ o o ~ ~ .. .. .. .. ... .. ... 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'" '" '" '" " '" '" '" '" '" .... Ii> '" 'it '" '" '" '" '" .. '" '" '" '" 0 ... <:> 0 . " '^ ... ~ - ..., - g Ii ~ 10 ~ .. ~ " I ~ .. .. I'" 1- 10 10 I... I.. I'" ... ,. Ii> ... N o 0 CITY OF San l)ernardino PURCHASING. 8TORI8 DIVISION DEAN R. MEECH PURCHAIING AGIENT Quote LP '90003 January 5, 1988 Dear Sir: Please furnish on this form a Lease Purchase Quotation per the following parti cu 1 ars . Project to Finance: 1. Three (3) each Street Sweepers Amount to finance: $316,524.48 Delivery: 90/120 Days ARO Vendor: Nixon-Egli Equipment Co. (213) 944-8061 8id: F-89-21 2. Aerial Bucket Truck Amount to finance: $71,314.68 Vendor: Morrison Industries Inc. Delivery: 180 Days ARO (714) 476-2777 Bid: F-89-22 3. Fire Pumper, 1500 GPM Triple Combination Amount to finance: $351,708.00 Delivery: 365 Days ARO Vendor: Seagrave Fire Apparatus Inc (714) B23-3194 Bid: F-89-16 4. Centracom II Console Police Dispatch Communications Amount to finance: $126,335.68 Delivery: 120/160 ARO Vendor: Motorola Communications (714) 781-7600 Bid: No Bid' Amount to finance: $865,882.84 Bid: F-B9-21, 22 & 16 Plus One With No Bid' Thank you for your quick response. Sincerely, ~P<i~ t> ~J'~ / ~) ean . eech, urchas n~ Agent 250 WEST CLUSTER STREET. SAN BERNARDINO. r.Alll=nRNIA q?4nA 7t.'~.._50.11i "111' IF I .' "'11N PI :tlC;RfSS ,1 ---1 .,~, ..___~lf o o Please quote each separately and all together. 1. 5 Year Lease....Effective Annual Percentage Rate S Semi-Annual in Arrears Payment...................$ Total Payout. . IO... . IO. . . . . . 10 . . . . . . IO. IO.. IO...... ....$ Rate Good Unti 1. . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . 2. 5 Year Lease....Effective Annual Percentage Rate S Semi-Annual in Arrears Payment...................$ Total Payout. . . IO. IO. . . . e-e . .-.. IO.... . . IO... IO. . .0. ......$ Rate Good Unti 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IO... . i I 3. 5 Year Lease....Effective Annual Percentage Rate S Semi-Annual in Arrears Payment...................$ Total Payout... IO. . . . . IO. . . . . . . IO. . . . . IO.. . . . IO.. .....$ Rate Good Unti 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . 4. 5 Year Lease....Effective Annual Percentage Rate S Semi-Annual in Arrears Payment...................$ Total Payout. . IO. IO.... . . . . IO.. . . . . . . . IO. . IO.. IO. . . . . ..$ Rate Good Unti 1. . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . .. IO. All : 5 Year Lease....Effective Annual Percentage Rate S Semi-Annual in Arrears Payment...................$ Total Payout..... . . . IO. IO.. . . . IO. . . . IO.. IO. . IO.... . . ...$ Rate Good Unti 1. . . IO... IO.. . ._. . IO. . . IO.. . IO. IO.... IO.. IO. . ,~ o o CONDITIONS 1. Down payment or balloon payments are not acceptable. 2. Use of reserve amount or buy down account not acceptable. 3. The City of San Bernardino will not allow private placement to public market of any lease obligation. 4. Quote accordingly. Indicate under 10 million tax exempt debt rate or over 10 million tax exempt debt rate o o This quote required by 1-19-88 (Date) (Company) (Contact) (Phone) (Signed) (Date) o 0 BERN ARD IN 0 300 NORTH "0" STREET, SAN BERNAROINO. CALIFORNIA 92418 EMERGENCV SERVICES DIVISION .This memo addresses Budget Item 001-461-54011. December 29, 1988 This negotiation of 12-29-88 11 a.m. between Motorola Communications and Electronics, Inc. represented by Gordon Ayres, Account Executive, and Dennis Edwards, Account Executive, and the City of San Bernardino, repre- sented by Richard .lcGreevy, Director of Emergency 'Services and Dean Meech, Purchasing Agent. Intent is to secure the CentracUIlI II console used by the Police Dept. Dispatch. This accord secures the price and installation at the cost of $126,335.68 and forestalls the price increase of 8% effective 1-89 by .wtorola Company. Further, this accord is contingent upon all elements of approval by the City of San Bernardino for the purchase of this equipment. Authority based upon Municipal Code 602, SectionI, /J4 and MC 513. ......, / ///;'4 ~j? IlcGT'ULe Cf'-J Richard MlGreevy, Direcior Emergency Services/Communications /} ~ // . // ///J A ... ,~. '/.1'.. ' . //,;r;, -L)!.? . Y tJ. /11 /'(.J7/!" 'j{ C;k/;,tt'-..." / A'ordon Ayres, Aq{o~lOt Executive Motorola Communications Dean R. Meech Purchasing Agent . . J J . .\ / /' ~ ~~'!(t~t{/D . /f:.-?; ttc/(/1;.);d Ilc,nis Edwards, Account Executive Motorola Communications /mlc . d1"U",r: rrn"'., t. "., '.'-: l""'~'l. _/ _'_ I) / /'/ ( j /CITY OF SAN OERNARDINO - C)IIEMORANDUM. To Jim Robbins From Dick 11c.Greevy Su~Kt Centracom II Update Date January 25, 1988 Approved Date Jim, Here's an update to my January 4, 1989 memo on Centracom II Police D~spatch Console: 01( 1. Motorola representative Dennis Edwards states that the City .~- can order the console now at the 1988 price of $126,335.68 and ~~ then hold delivery pending the decision by the County on the ,.~ winning vendor for the 800 MHZ system. If Motorola is not chosen for the 800 MHZ system, the City can then cancel, without penalty, the order for the Centracom II. I recommend we order now. 2. Dean Meech now has the total cost figures (equipmen~, tax, instal- lation and financing) for the Centracom II. It will be either $154,786.50 (Security Pacific at 7.7~% interest) or $154,908.70 (Pacific Corp at 7.78% interest). The current approved budget allows for six payments of $21,366 for a total of $128,196. Future budget lines for the Centracom II will therefore.have to be adjusted up to pay for financing. The first semi-annual pay- ment under the above financing will be $15,490.87. Since the financing is part of a total package (3 street sweepers, 1 aerial truck, 1 fire pumper, 1 Centracom II), the Centracom II budget will also have to pick up a small share of an initial $17,366 commitment on the total package. This share~lus the first $15,490.87 payment should be less than the ~,3~6 budgeted for 1988-89. ~ I ~cd:e~rector Emergency Services DM/mc PRIDE -I ~ESS o o ----------------------------------------~--------------------------------_._--------~--- cusrOMER I CITY OF SAN ~ERNADINO S'SiEM : CONSOLE SUMMARY SHEET ACCOUNT EXEC, GORDON L. AYRES ENGINEER I ~~R~EN WUERNER \;;/lb/BB :ITEM: MODEL NUM~ER : DESCRI~TION l---------------------~------------------------------- :1 816(14-A 1 SINGLE BAY; 4 PANEL ENCLOSURE 1 I LEFT SIDE PANEL 1 : FOOT SUPPORT I" I IA 1:750 IB KI27 Ie 1:125 VERTICAL MOUNTING RAILS 3 8124BA "HANI: 1/2 PANEL B ltIIl04-F 45 DEGREE ENCLOSURE, 51" 1 ~\ ~14(l0 MASTER CONT~OL PANEL I(I~ f .5;(1 IIEADSET JAO:" IHlt 1:7(14 EE~OND HEADSET JACI " . . II(lC 1:577 ;ELE~HONE/HEADSET INTERFACE 1100 1:572 DUAL FOOT SI<i;TCH : HIE . 1.[te'7 OPER'iOR CROSS ~UTE : I\I~ 1,154 I(I~ FOOT i PAIK CAltLE '1(16 1.10:; ~ATCH SWITCH IIOH 1:~5 ALERT TOIlE I . . IIOJ . 1:7:;:; ALERT TONE 2 tOI: 1:7H ALERT TONE :; 10l 1:20(1 SELECTIVE INTERCOM II [tJ 4:> II AUXILIARY CONTROL MODULE IIA 1::H7AB QUIK-CAll II r.v PAGING FORMAT 118 1:732 SIGNAL SN ITCH lie 1:363 MUL T I-SELECT -----------------------------, , 1 1 1(11 I 21 Bl I 7: 141 21 1 4 : 4 I 4 4 4 4 4 4 4 41 I 41 : 41 I 41 1 41 1 41 4: ------------------------, , TOTAL QUANTITY ------------------- , utJ IT $ EXTENDED ~ 10: I 21 I 81 , , 7: 1700.00 99.45 60.35 56.10 14 I 28,90 I' 21 1705.95 I 4' 451\5.00 4 4 4 4 4 4 4 4 4 4 4 I , ., 4 : r 41 1 4: 4 : , , , , 17ooo.od , , 198.9Q , , 482.8Q 392.70 404.60 I 34 11. 9Q I lB340,Oll 156,40 G75,6~ , , 156,40 G7~.6Q I 256.70 1026.8Q , , 73.95 295.8q N/C 77 .35 N/C N/C N/C N/C N/C 191. 25 N/C N/C N/C , , N/C: 309.40 N/C: N/C I I N/C I . , N/C: I , N/C 1 . , 765.0Q . . N/C I I N/C 1 I N/C I ~--------------------------------------------------------------------------------------- .... 0 -~----"---------------------~~-------------------------------------------------------... CUSTOMER CITY OF SAN ~ERNADINO SYSTEM I CO~SOLE SUMM~~Y SHEET : ENGINEER I W~RRE~ WOERnER 1~/lb/BB I I-~---------------------------------------------------I IT~MI MODEL NUM~ER : DESCRIPTION I -----.-----------------------------------------------1 I I I liD I ~337 MULTI-SELECT INSTANT TRANSMIT 1 I liE 1 1:70 TIHED U"SELECTED AUDIO HUTE (ALL HUTEI "IF rns . PRIORITY CHAN"EL HAR~ER SWITCH 12 [4~NI>038 TELEPHONE HOST. INTERFACE CA[4LE 13 I I 81401 I 1 [41405 1 .' CHA""EL CONTROL PANEL 14 TIRI CHANNEL CONTROL HODULE 14A 1:121 MAIN/STAND~Y SWITCH IS . . I H439 . . . T2R: CHANNEL CONT~OL MODULE COMPARATOR DISPLAY MODULE 1& (4141)6 24 [41448 CALL CHEC~ P~:OP~ER CONTROL MODULE ~. oJ P14;j:; 'HeME PATCh CONT~DL MODULE :7 U 6(t1-A ONE [lAY DES~ STA"D ENCLOSURE 51A 1:749 ADD RIGHT SIDE PANEL 54 IlU(l3-A ONE lAY 3 PANEL ENCLOSURE 54A 1:750 lEFT SIDE PANEL 541 1:127 ADD ONE FOOT SUPPORT 54C 1 1:125 I S8A I 1:749 I 78 I 1l11>03-F I 81 I 81248 I 182A I KI27 I I VERTICAL HOU"TING RAILS ADD RIGHT SIDE PANEL 45 DEGREE ENCLOSURE IlLANI: 1/2 PANEL FOOT SUPPORT _____________________________f , 4 4 4 I 41 I 8' II> 8 8 12 4 4 2 6 4 5 I 2 I I -'-----------------------~ TDTAL OUMBITY --------- ---------1 4 ' 4 4 4 8 16 8 8 12 4 4 2 6 4 I I, 51 I II. I 21 I II I II I UN I T $ EXTENDED $1 N/C N/C N/C 91.80 556.75. 195.50 N/C 195.50 195.50 391. 00 195.50 974.95 96.90 1170.00 . , I I N/C I I N/C I I , , N/C I I I 362.2q I 4454.0q 3128.01 . , ,N/C I . I I 1564.0q I 2346.0q I 1564.0q 1 I 782.0q I I 974.9~ I 193.8Q I I I 7020.0t , . I 99.45 99.4~ I 60.35 241.4~ I 56.10 280.51j1 , , 99.45 99.4~ I 1113.50, 2227. O(j) I 28.90 28.9ljl I 60.35 60.3' I ------------------------------------------------------------------- _~____~_____________________c:)____________________________~___________________________ CUSTOMER I CITY OF SA~ ~ERNADINO SYSTEM (O~SOLE SUMMARY SHEET ENGINEER I WARREN WOERNER 12/16/88 ITEM: MO~~L NUM~ER I DES(RIPTIO~ --------~-------------------------------------------- 84F K385 102 91422 102/\ 1:380 102[4 1:121BP ,106A. t:I~9 I : 106CI 1:101 . , 1109 : ~1426 1111 81HI I : 115 91460-C '115A: 1'9(1IA:; 115B: t;80IAF' 115C: U07AFSf' 1150: K762-1; I I 115E: KI53 IXl15: TON 6885 : I : I ~ I 117 I D8T35004 I I 117AI 07D84018FOI I 118 I DBT350010201 I 1 PRIMARY SUPERVISOR , BASE INTERFACE MODULE CARRIER OPERATED RELAV INPUT IE LEADI M~IN/STANDBV RELAV 14 WIREI DC CONTROL 12.5 MA DC KEYING COMPARATOR I~TERFACE MODULE PHONE PATCH INTERFPCE MODULE (ENTR~L ELECTRONICS 8~NK DELETES UNECESS~RY SPARE 80ARDS OMITS (OMPACT SPARE 80ARDS TWO 70. ENCLOSED CABINETS FIRST VEAR EXTENDED , PERFORMANCE AGREEMENT 50' CABLES TO PUNCH BLOCK DISPATCHER SWIVEL, TILT. PNEU MATI a. CHA I R ('.Po ..",) 1 1 : TRAINING OPERATOR WRITING I I.SURFACE I I MTNG. BRKTS FOR WRITING SURF. I WRITING SURFACE FOR SUPERVISOR CONSOLE -----------------------------: ------------------------l TOTAL DUANT 1 TV ----~--------------: 1 UN IT $ EXTENDFD $1 I. I II I 71 1 71 I 1 I 7 7 2 2, I 21 I 2' 4 I N/C 945 . 00 34.00 21 206.55 N/C I I 6615.00: I 238.00: , , , , 413.101 , , 297.50: , , N/C I I 2293.30, , I 3485.00. , I 24032.90. , I , -6340.00 -6340.0~ I II I II I 5: I 61 I 5 6 , I -848.00 , . , 2147.IQ , , . , 1031.90 1031.90 , 2: I 2: 148.75 . 0,:.70 263.5d , I 4260.00. , . I , I ., 1 514.0q I 220.00 , I 788.0Q , 1 ---------------------------------------------------------------------------------------- I I II I I 41 I II I I I I I I I 4 : I II I .1 N/C 21 11,16.65 4 871.25 I 24032.90 -848.00 I' 2147.10 710.00 514.00 55.00 788.00 . 0--------------------- : -....-.... . . . . . . . . ~ -- .CUSTOMEr! I CITy OF SAil HAIIAD I NO SUI1MARY OEl SYSTEM I COUSDl~ E~&INEER I W~RREU WOE~UER 1~/16/ee : -----------------------------------------------------t ITt"1 roOPEl NUI1~E~ 1 DESC~IFTION -----------------------------------------------------: 1 I I IlleAI 07DB4~IBFOI 1 HTNG ~~~TS FOR W~ITING SURF. I I I I I 111891 07D840lBF02 ~ "TNG. ~RKTS. FOR WRITING SURF. 1 I I I I 119 I D~T3S00030~03 I WRITING SURFACE FOR OP.2 ~ 1 I OP.3 CONSOLE I 119AI 07D84018FOI HT~G.~RKTS I. 11981 07D8~018F02 "TNG 8RKTS. I 120 I NYSE-SO "TNG. KIT FOR NYSE SO CRT , 21 21 I II I. 71 I 4 : I 121 I 4 1 121 I nH3 , , I:: [OI::!H SHAllOW PENCil DRAWER lETTER TRAY 41 I ------------------------: TOTAL OU:\IHIlY -------------------, UNIT S EXTENDED i . ., I 1 I I 21 1 I I 21 I II I II I 71 I I I 41 I I 1 121 I I 41 I 4: I . 55.00 45.00 1428.00 55.00 45.00 650.00 109.65 126.65 EOUIf'HENT TOTt.l , , . . . . . . . . ----------------------------------.------------------------------------------ . o 110.00 . I I 90.00 , 1428.od , . o 38S.0q 1 180.01) . 7800.06 I , 438.66 ,. , 506.66 I , , 119,184.60 , --------..-- 6S SALES TAX .7,151.08 TOTALS 126,335.68 BASEO UPON A 5 YEAR LEASE PAYMENT PLAN, PER YOUR REQUEST. ANO USING A CASH DOWN PAYMENT OF S33, 121.80 & four (4)EQUAL PAYMENTS OF S 33,121.eO WOULO. BE REQUIREO, BEGINNING ONE YEAR FROM THE OATE OF SHIPMENT OF THE EQUIPMENT, IF DIFFERENT FINANCING ARRANGEMENTS ARE REQUIREO, WE CAN TAILOR THEM TO MEET YOUR NEEOS. i!:.I~ ACCOUNT EXECUTIVE GOVT MARKETS, STATE & LOCAL, WEST " I RECO~~END THAT THREE (3) TO FIVE (5) DAYS OF . INSTALLATION TIME BE PURCHASED. ~.-, ;.UU~ . l;~f a:Jl<!~l.-~...._.j}1 /.~~ -.2 9-J'~) ~.t:6d-.~~__~/ . ~ ~6-J-f r<<p ,~I ~ rr I, 1.t"