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HomeMy WebLinkAboutContracts & Agreements_163-2005_CCv0001.pdf SCHEDULE A EQUIPMENT LEASE-PURCHASE AGREEMENT Schedule A 22689 Lease Number: This Equipment Schedule dated asof f� c.s is being executed by MOTOROLA, INC. ("Lessor") anc CITY OF REDLANDS, CA (Lessee"), as a supplement to, and is and Lessee. hereby attached to and made a part of that certain Equipment Lease-Purchase Agreement Number 22581 dated as of 9-7-2004 ("Lease„), between Lessor Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby accepts and leases from Lessor under and pursuant to the Lease, subject to and upon the terms and conditions set forth in the Lease and upon the terms set forth below,the following items of Equipment UANTITY DESCRIPTIpN{l1�Tanufacturer,Model and Serial Nos.) Refer to attached Equipment List. Equipment Location: CA Initial Term: 36 Months Commencement Date: 10/1/2005 First Payment Due Date: 101112006 3 Annual Payments of $19,861,96 as outlined in the attached Schedule B,plus Sales/Use Tax of$o.00, payable on the Lease Payment Dates set forth in Schedule B. EXECUTED as of the date first herein set forth. LESSEE: LESSOR: CITY OF REDLANDS, CA Motorola,Inc. By: B Title: S an Pepnplertva ,or Title: 04T fw.. Attest; Lorre ro _z�r Y }�� iTT Clerk 08/1112005 Page SCHEDULE B!City of Redlands, CA Compound Period .......: Annual Nominal Annual Rate ... : 6.040 % Effective Annual Rate .. 6.040 % Periodic Rate 6.0400 % Daily Rate ...................: 0.01655 % CASH FLOW DATA Event Start Date Amount Number .Period End Date 1 Loan 10/01/2005 53,051.99 1 10/01/200 2 Payment 6 19,861.96 3 Annual 10/01/2008 AMORTIZATION SCHEDULE - Normal Amortization Date Payment Interest Loan 1010112005 Princi al Balance 2005 Totals 0.00 0.000.00 53,051.99 1 10/01/2006 19,861.96 3,204.34 16,657.62 36,394.37 2006 Totals 19,861.96 3,204.34 16,657.62 2 10/01/2007 19,861-96 2,198.22 17,663.74 2007 Totals 19,861.96 2,198.22 17,663.74 18,730.63 3 10/0112008 19,861.96 1,131.33 18,730.63 2008 Totals 19,861.96 1,131.33 18,730.63 0.00 Grand Totals 59,585.88 6,533.89 53,051.99 INITIAL INSURANCE REQUIREMENT: $53,051.94 Except as specifically Provided in Section five of the Lease hereof,Lessee agrees to Pay to Lessor or its assignee the Lease Pa interest Portion,in the amounts and dazes specified in the above Payment schedule, g the Y�nts,incluolin LESSEE: LESSOR: CITY OF REDLANDS,CA Motorola,Inc. e� By: /112 By: Title: S an Peppier, ',i or Title: Date: Serraber F, 2005 Daze: Attest: Lome Poyzer„ y,` Clerk _yA--' Bank Qual f ied (If applicable, 1 Pp , pease execute Lease Schedule # 22689 dated r LESSEE CERTIFIES THAT IT HAS DES ACCORDANCE IGNATED THIS LEASE AS A QUALIFIED TAX-EXEMPT OBLI GATION IN WITH SECTION 265(6)(3)OF THE CODE,THAT IT HAS NOT DESIGNATED MORE THAN$,00Q,000 OI ITS OBLIGATIONS AS QUAL.IFIIEED TAX-EXEMPT OBLIGATIONS IN ACCORDANCE WITHSUCH SECTION FOR THE CURRENT CALENDAR YEAR AND THAT IT REASONABLY ANTICIPATES THAT THE TOT EXEMPT OBLIGATIONS TO BE ISSUED BY LESSEE DURING THE CURRENT CALENDAR AL AMOUNT OF TAX- A $10,000,000. YEAR WILL,NOT EXCEED Lessee: CITY OF REDLANDS, CA By: , Title Susan Peppler ru4 yor Attest: Lorry; Po zer Y , ty Clerk Form 803:iGovernmental Information Return for Small Tax-Exempt Bond issues, Leases, and Installment-Sales aNs No.1645-0720 (Rev. May 19") DePar"m a the ►Under Internal Revenue Code section 149(e) tntemal Revenue Caution: Use Form 8038-a if ft IssUe price of the issue is Sinn ni-p or . Reporting Authority 1 issuer's name Check box if Amended Return ► CITY OF REDLANDS CA *iderttltication 9 Number and street(or P.d.box H mao is not delivered g address) 212 Brookside Ave RooMsuite 4 1.town,or post dice,state,and ZIP code Redlands CA 92373 5 Report Number B Name and title of officer or kgai represerttafire the IRS may caq for more information 5 . Assistant Finance Director Tom Steele Teicpno01Il 6,ommioriegairepresenta Description ofObligatlons (Check if reporting: a single issue or on a consolidated basis' 8a Issue price of obligation(s)(see instructions) . . . . . . ) b Issue date(single issue)or calendar year(consolidated)(see instructions) ► 8a $53,051.99 9 Amount of the reported obligation(s)on line 8a: 10-1-2005 a Used to refund prior issues(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b Representing a loan from the proceeds of another tax-exempt obligation(e.g., bond bank) . . . • 9a 10 If the Issuer has designated any issue under section 265 b 3 B I III smaller issuer exception),check this box . . ► 11 if any obligation is in the form of a lease or installment sae)check this box . ' ' 12 if the issuer has elected to pay a pen ► under penaniea of airy in lieu of arbitrage rebate,check this box . . Please and helfef, wry'i t I have exarr_f this return and acro . . . . . . . . . . . ► y are true,correct, a nYi-I schedules and statements.and to the best mymy knowled� Sign Here Vic- �---Issau9/8/05 Susan Peppier, Mayor uer thorized ta represenble ► Date Type or print name and title Instructions for 8038-GC: On 8038-GC forms,the below described lines need to be filled out by the Lessee: Line No.2- Fill in the Lessee's EIN number (a.k.a. "Federal Tax I.D. Number„ have an EIN should apply for one on Form SS-4, Application for Employer Identification Number.1SThis that does ma be obtained from most IRS and Social Security Administrffices. File Farm SS-4 according to the instructions ation oy form. If the EIN has not been received by the date of filing the 8038-G, write"Applied for"in the space for the�' on that Line No.5: After the preprinted 5, enter two self-design numbers. Number reports any calendar year(e.g.,01,02,etc.). This is your internal tracking of tax-exempt issues during the calconsecutively ndar year Iy during Line No.6: State the name and the title for the legal re presentative the The legal representative is the person who will be contacted if there are an questions isthmres call for more information. G and the transaction reported. Typically this person is employed by the issuer and is the ��t to the IRS form 8038- Form 8038-G. person who signs the IRS Line No.7: State the telephone number of the person listed in line 9. CERTIFICATE OF INCUMBENCY I, Lorrie Poyzer do hereby certify that I am the duly elected or (Signature of SecretarytCkrk} appoixMd and aai eretaTyxlr Clerk of the CITY OF REDLANDS, CA , an entity duly organized and existing under the laws of the State of California that I have custody of the records of such entity, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of such entity holding offices set forth opposite of their respective names. I further certify that(i) the signatures set opposite their respective names and titles are their true and authentic signatures and(ii)such officers have the authority on behalf of such entity to enter into that certain lease Schedule A number 22689 dated A ;between CITY OF REDLANDS, CA and Motorola, Inc.. Name Title Sign ture , Susan Peppler ` Mayor .- ` (Individual who signed Lease documents should be listed Mh e and sign where a plicable} IN WITNESS WHEREOF,I have executed this certificate and affixed the seal of CITY OF REDLANDS, CA , hereto this 6th day of September 2005. By: ` . (Si of Secretary! 1 L rrie Poyz r,qty Clerk SEAL EVIDENCE OF INSURANCE Fire,extend overage,public liability and property damage insurance for all of the Equipment listed on Schedule A number 22689 dated t e3 �to that certain Equipment Lease Purchase Agreement number 22581 dated 9-7-2004 will be maintained by the CITY OF LANDS,CA as stated in the Equipment Lease Purchase Agreement. This insurance shall name NJOTOROLA,INC.or its assignee as additional insured and loss payee for the term of the Schedule A number 22689 dated—IV This insurance is provided by: Broker: Davis & Graeber Insurance Services Genesis InsuranceCo 1 Arch Gp c alty Insurance Co. Naas of insurance provider P. O. Box 40 Address of insurance provider ' Redlands CA 92373 City,State and Zip Code 909-793-2373 Phone number of insurance provider In accordance with the Equipment Lease Purchase Agreement Number 22581 ,CITY OF REDLANDS,CA following coverage are or will be in full force and effect: ,hereby certifies that Type Amount Effective Date Expiration Policy Date Number Fire and Extended Coverage Property Damage $5, 000, 000- �-- Public Liability 15, 0000 00- 7Z2 /05 YXB 3 0 0 9 4 8 A Lessee: CITY OF REDLANDS,CA By: Its: 4ssan Peppier, Mayor Date: September 1; 2005 Attest i_orr'e Poyzer ty Clerk STATEMENT OF ESSENTIAL USE/SOURCE OF FUNDS To further understand the essential governmental use intended for the equipment together with an understanding of the sources from which payments will be made, please address the followingquestions by completing this form or by sending a separate letter: 1. What is the specific use of the equipment? Law Enforcement 2. Why is the equipment essential to the operation of CITY OF REDLANDS, CA? Radios are critical for communication with field personnel and public safety. Equipment must be compatible with city's current radio system. 3. Does the equipment replace existing equipment? Yes If so, why is the replacement being made? New radios will replace front line units. Older radios will be retained as spares and parts replacement. 4. Is there a specific cost justification for the new equipment? Yes If yes, please attach outline of justification. Radios are critical for communication with field personnel and for public safety. Equipment must be compatible with city's current radio system. 5. What is the expected source of funds for the payments due under the Lease for the current fiscal year and future fiscal years? Council approved expediture using city general funds. Lessee: CITY OF REDL S, CA By: Its: Susan Peppler, Mayor Date: September 6, 2005 Attest: Lorr' Poyzer, y Clerk EQUIPMENT LEASE PURCHASE AGREEMENT DELIVERY A ACCEPTANCE CERTIFICATE AND The undersigned Lessee hereby acknowledges receipt of the Equipment described below("Equipment"}and Lessee hereby accepts the Equipment after full inspection thereof as satisfactory for all purposes of lease Schedule A to the Equipment Lease Purchase Agreement executed by Lessee and Lessor. Equipment Lease Purchase Agreement Date: 9-7-2004 Lease Schedule A Date: dam — r Equipment Lease Purchase Agreement No.: 22581 Lease Schedule A No. : 2_2689 EQUIPMENT INFORMATION QUANTITY MODEL NUMBER EQUIPMENT DESCRIPTION Equipment referenced in lease Schedule A# 22689 dated 10/1/05 . See Schedule A for a detailed Equipment List. LESSEE: CITY OF REMANDS CA By: 4nsPeppler, M y r Date: September 6, 2005 Attest: Lor�ie Poyzer Ute" ,�tyt erk Equipment List QW. Model Description 15 HI 8UCH9PW7 N ASTRO DIGITAL XTS 5000 MODEL III 15 Q241 ENH: SOFTWARE ANALOG OPERATION 15 H37 SMARTNET SYSTEM SOFTWARE PACKAGE OPTION 15 NNTN4435 SPARE BATTERY,NIMH 1800MAH 15 NTN1873 SMART CHARGER 15 NMN6193 SPEAKER MIC 15 H885 EXTENDED WARRANTY 15 Q186 ADD 1800ND&I BATTERY LESSEE FACT SHEET Please help Motorola,Inc.provide excellent billing service by providing the following information: 1. Complete Billing Address CITY OF REDLANDS,CA 212 Brookside Avenue Redlands, CA 92373 Attention: Denise Ausherman Phone: (909) 798-7611 2. Lessee County Location: San Bexiiardino 3. Federal Tax I.D.Number 95-6000766 4. Purchase Order Number to be referenced on invoice(if necessary)or other"descriptions"that may assist in determining the applicable cost center or department: 5. Equipment description that you would like to appear on your invoicing: 15 Astro X2'55000, III radios _ Appropriate Contact for Documentation/System Acceptance Follow-up: 6. Appropriate Contact& Same as above Mailing Address Phone: Fax: 7, Payment remit to address: Motorola Credit Corp. P.O.Box 71132 Chicago IL 60694-1132 Thank you OPINION OF COUNSEL With respect to that certain lease Schedule A# 22689 datedLDVS—— to Equipment Lease- Purchase Agreement #22581 dated 9 -7-2004 by and between Motorola, Inc. and the Lessee, I am of the opinion X1 A S- that: (i) the Lessee is, within the meaning of Section 103 of the Internal Revenue Code of 1986, a state or a fully constituted Political subdivision or agency of the State of the Equipment Location described in Schedule A hereto; (ii)the execution, delivery and performance by the Lessee of the Lease have been duly authorized by all necessary action on the part of the Lessee, (111) the Lease constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms; and (iv) Lessee has sufficient monies available to make all payments required to be paid under the Lease during the current fiscal year of the Lease, and such monies have been properly budgeted and appropriated for this purpose in accordance with State law. Attorney for CITY OF RE LANDS, CAA