EXHIBIT B
SHELTER SOLANO PROGRAM BUDGET
[attached]
Budget Item Monthly Rate Total Months Total Contract
Operating Cost 25,000$ 12 300,000$
BUDGET FOR SHELTER SOLANO, INC.
10 BED EMERGENCY SHELTER MOU
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EXHIBIT C
INSURANCE REQUIREMENTS
PROVIDER shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the PROVIDER, its agents, representatives, or employees. 1) MINIMUM SCOPE AND LIMITS OF INSURANCE
a) Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage. c) Workers’ Compensation insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease.
2) INSURANCE PROVISIONS
a) DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the PROVIDER shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
b) The general and automobile liability policies (and if applicable, pollution liability, garage keepers liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:
i) The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the PROVIDER; products and completed operations of the PROVIDER; premises owned, occupied or used by the PROVIDER; and automobiles owned, leased, hired or borrowed by the PROVIDER. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. ii) For any claims related to this project, the PROVIDER’s insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers.
Any insurance or self-insured maintained by the CITY, its officers, officials, employees or Packet Page 209 of 798Attachment 2 Page 85 of 88
volunteers shall be excess of the PROVIDER’s insurance and shall not contribute with it. iii) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv) The PROVIDER’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY.
vi) The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the PROVIDER’s policy limits of coverage. Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.
c) ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M.
Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY. d) VERIFICATION OF COVERAGE. PROVIDER shall furnish the CITY with original endorsements effecting coverage required by this Exhibit. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronically through the Exigis insurance system to:
[email protected]. All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, PROVIDER shall provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. e) SUB-CONTRACTORS. PROVIDER shall require all subcontractors to procure and maintain insurance policies subject to the requirements this Exhibit. Failure of PROVIDER to verify existence of sub-contractor’s insurance shall not relieve PROVIDER from any claim arising from sub- contractors work on behalf of PROVIDER.
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EXHIBIT D
SHELTER SOLANO FAIRFIELD REFERRAL FORM
[attached]
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ADMISSION CRITERIA-CHECK BOXES BELOW (must meet ALL criteria to confirm placement) Excluded: PC 290 registered sex offenders & individuals with repetitive incidents of violence in the shelter Homeless Must be 18 years old or greater
Independent in ADLs, including taking medications Must be medication compliant Independent in mobility Willing to follow SHELTER Solano rules Willing to comply with discharge requirements Behaviorally appropriate for group environment
Name: Referral Date:
Date of Birth: Referring Department:
Gender: Referral Contact Person:
HMIS #: Referral Contact Phone#:
Assigned Case Manager: Case Manager Phone#:
SHELTER Solano
310 Beck Ave.
Fairfield, CA 94533
(707) 425-3663
REFERRAL for: (Check One)
FF CDBG
FF THE WAY HOME
Intake Date: _________
Office Use Only
Scan and Email Referral to: [email protected]
Scan and Email Referral to:
[email protected]
SHELTER, Solano reserves the right to accept or deny any referral, based upon the availability of open beds at the time the referral is made.
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Agenda Item No: 16.
AGENDA REPORT
DATE:June 21, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022132 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Four (4) Year Lease Agreement with PNC Equipment, LLC Finance for Replacement of Golf Carts at Rancho Solano and Paradise Valley Golf Courses
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The golf carts at both Rancho Solano and Paradise Valley golf courses have surpassed their lifecycle. Staff is requesting City Council approval to authorize the city manager to enter into a 4year lease agreement with PNC Equipment Finance, LLC to replace 160 golf carts (80 for each course) and 4 Marshall carts (2 for each course).
DISCUSSION
In 2018, the City purchased new Yamaha branded golf cart fleets for both golf courses, all equipped with leadacid batteries. Dependent upon the actual use, this type of golf cart typically has an average useful life between five and seven years. The current golf cart fleets at Rancho Solano and Paradise Valley Golf Courses have reached the end of their useful life, primarily due to the substantial increase in golf activity during the pandemic.
During this fiscal year alone, both golf courses have incurred more than $40,000 in battery replacement costs to keep the fleets running. In addition, the current overall condition of the carts has deteriorated through normal wear and tear and falls below the City’s preferred quality standard. Therefore, replacing the existing fleet will improve operational cost efficiency and aesthetic value.
The contracted course operator, KemperSports, solicited bids from the three primary golf cart manufacturers, and EZGO provided the best value over Club Car and Yamaha branded carts. Staff and KemperSports agree moving to lithium technology is prudent as they are in effect less expensive than leadacid in the long run due to their performance reduced energy requirement and extended life expectancy. EZGO is a preferred vendor of KemperSports, and this helps to facilitate a higher service response if global parts or service issue needs vendor support. EZGO also offers a vendor rebate that allows these higherend lithium carts to be price competitive against the carts from the other vendors.
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Agenda Item No: 16.AGENDA REPORTDATE:June 21, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022132 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Four (4) Year Lease Agreement with PNC Equipment, LLCFinance for Replacement of Golf Carts at Rancho Solano and Paradise Valley GolfCoursesRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe golf carts at both Rancho Solano and Paradise Valley golf courses have surpassed theirlifecycle. Staff is requesting City Council approval to authorize the city manager to enter into a 4yearlease agreement with PNC Equipment Finance, LLC to replace 160 golf carts (80 for each course) and4 Marshall carts (2 for each course).DISCUSSIONIn 2018, the City purchased new Yamaha branded golf cart fleets for both golf courses, all equipped withleadacid batteries. Dependent upon the actual use, this type of golf cart typically has an average usefullife between five and seven years. The current golf cart fleets at Rancho Solano and Paradise ValleyGolf Courses have reached the end of their useful life, primarily due to the substantial increase in golfactivity during the pandemic.During this fiscal year alone, both golf courses have incurred more than $40,000 in battery replacementcosts to keep the fleets running. In addition, the current overall condition of the carts has deterioratedthrough normal wear and tear and falls below the City’s preferred quality standard. Therefore, replacingthe existing fleet will improve operational cost efficiency and aesthetic value.The contracted course operator, KemperSports, solicited bids from the three primary golf cartmanufacturers, and EZGO provided the best value over Club Car and Yamaha branded carts. Staffand KemperSports agree moving to lithium technology is prudent as they are in effect less expensivethan leadacid in the long run due to their performance reduced energy requirement and extended life expectancy. EZGO is a preferred vendor of KemperSports, and this helps to facilitate a higher service response if global parts or service issue needs vendor support. EZGO also offers a vendor rebate that allows these higherend lithium carts to be price competitive against the carts from the other vendors.
The following considerations were used in determining the lease option versus purchase:
Consistency with industry standard
Appropriate alignment with recognizing carts as an operating expense and not a capital expense Fixed cost with payments spread over 48 months allows better management of direct expenses and reduces large onetime outlay of funds every four 4 years and reliance on General Fund subsidy
Provides inherent overall reduction in general maintenance costs both with time and replacement parts
Due to recent delays with equipment and vehicle manufacturers, we are now bringing this item to the council for approval with the expectation of delivery within 10 months of signed agreements.
FINANCIAL IMPACT
The initial 4year lease will be substantially less than future leases as there is a onetime tradein value of $390,000 for the existing Yamaha carts.Regardless of how the City decides to replace future cart fleets, either through continued lease rollovers or moving back to a capital purchase every four to five years, a cart replacement account will be established and proactively funded utilizing anticipated fund balances over the next fourplus operating years. Again, the intent is to have the Enterprise Fund cover operating and capital expenses and mitigate the need for General Fund support.
Until the lease is initiated, the City will use current Enterprise Fund balance to offset the added expense of replacing batteries and covering increases in general maintenance of the existing fleet. The increase in revenues experienced over the last two years has allowed the Enterprise Fund balance reserves to cover the cart replacement and fund other priorities within the capital improvement plan (which are included in the 20222023 budget).
The total cost for the 48month lease equates to $287,430 or approximately $3,000 per month for each golf course. Cost will be recognized and budgeted as an ongoing annualized operating expense. Lease payments will commence upon receipt of the new carts.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
At the Golf Advisory Board Meeting on May 5, 2022, the members unanimously supported the City's recommendation to seek Council approval to lease golf carts for both golf courses.
ALTERNATIVE ACTION
1. Continue status quo of using existing cart fleet replace batteries, incur added maintenance expenses (energy cost and parts) for a minimum estimated operating expense impact of $50,000 per golf course per year. This will also depreciate the tradein value of the fleet each year beyond the proposed savings proposed in this cart fleet exchange.
2. Purchase new carts, onetime cost of approximately $630,000 + tax and delivery (this reflects the onetime tradein value and KemperSports preferred pricing for EZGO branded carts).
STAFF CONTACT
Kristina Chamberlin, Director of Parks & Recreation
(707) 4287470
[email protected]
COORDINATED WITH
City Manager's Office, Finance Department
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Agenda Item No: 16.AGENDA REPORTDATE:June 21, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022132 of the City Council of the City of Fairfield Authorizing the CityManager to Execute a Four (4) Year Lease Agreement with PNC Equipment, LLCFinance for Replacement of Golf Carts at Rancho Solano and Paradise Valley GolfCoursesRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe golf carts at both Rancho Solano and Paradise Valley golf courses have surpassed theirlifecycle. Staff is requesting City Council approval to authorize the city manager to enter into a 4yearlease agreement with PNC Equipment Finance, LLC to replace 160 golf carts (80 for each course) and4 Marshall carts (2 for each course).DISCUSSIONIn 2018, the City purchased new Yamaha branded golf cart fleets for both golf courses, all equipped withleadacid batteries. Dependent upon the actual use, this type of golf cart typically has an average usefullife between five and seven years. The current golf cart fleets at Rancho Solano and Paradise ValleyGolf Courses have reached the end of their useful life, primarily due to the substantial increase in golfactivity during the pandemic.During this fiscal year alone, both golf courses have incurred more than $40,000 in battery replacementcosts to keep the fleets running. In addition, the current overall condition of the carts has deterioratedthrough normal wear and tear and falls below the City’s preferred quality standard. Therefore, replacingthe existing fleet will improve operational cost efficiency and aesthetic value.The contracted course operator, KemperSports, solicited bids from the three primary golf cartmanufacturers, and EZGO provided the best value over Club Car and Yamaha branded carts. Staffand KemperSports agree moving to lithium technology is prudent as they are in effect less expensivethan leadacid in the long run due to their performance reduced energy requirement and extended lifeexpectancy. EZGO is a preferred vendor of KemperSports, and this helps to facilitate a higher serviceresponse if global parts or service issue needs vendor support. EZGO also offers a vendor rebate thatallows these higherend lithium carts to be price competitive against the carts from the other vendors.The following considerations were used in determining the lease option versus purchase:Consistency with industry standardAppropriate alignment with recognizing carts as an operating expense and not a capital expenseFixed cost with payments spread over 48 months allows better management of direct expensesand reduces large onetime outlay of funds every four 4 years and reliance on General FundsubsidyProvides inherent overall reduction in general maintenance costs both with time andreplacement partsDue to recent delays with equipment and vehicle manufacturers, we are now bringing this item to thecouncil for approval with the expectation of delivery within 10 months of signed agreements.FINANCIAL IMPACTThe initial 4year lease will be substantially less than future leases as there is a onetime tradein valueof $390,000 for the existing Yamaha carts.Regardless of how the City decides to replace future cartfleets, either through continued lease rollovers or moving back to a capital purchase every four to fiveyears, a cart replacement account will be established and proactively funded utilizing anticipated fundbalances over the next fourplus operating years. Again, the intent is to have the Enterprise Fund coveroperating and capital expenses and mitigate the need for General Fund support.Until the lease is initiated, the City will use current Enterprise Fund balance to offset the added expenseof replacing batteries and covering increases in general maintenance of the existing fleet. The increasein revenues experienced over the last two years has allowed the Enterprise Fund balance reserves tocover the cart replacement and fund other priorities within the capital improvement plan (which areincluded in the 20222023 budget).The total cost for the 48month lease equates to $287,430 or approximately $3,000 per month for eachgolf course. Cost will be recognized and budgeted as an ongoing annualized operating expense. Leasepayments will commence upon receipt of the new carts.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONAt the Golf Advisory Board Meeting on May 5, 2022, the members unanimously supported the City'srecommendation to seek Council approval to lease golf carts for both golf courses.ALTERNATIVE ACTION1. Continue status quo of using existing cart fleet replace batteries, incur added maintenanceexpenses (energy cost and parts) for a minimum estimated operating expense impact of $50,000per golf course per year. This will also depreciate the tradein value of the fleet each year beyondthe proposed savings proposed in this cart fleet exchange.2. Purchase new carts, onetime cost of approximately $630,000 + tax and delivery (this reflects theonetime tradein value and KemperSports preferred pricing for EZGO branded carts).STAFF CONTACTKristina Chamberlin, Director of Parks & Recreation(707) 428[email protected] COORDINATED WITH
City Manager's Office, Finance Department
ATTACHMENTS:
Description
Attachment 1: Proposed Resolution
Attachment 2: Lease Agreement 80 Golf Carts Rancho Solano Golf Course Attachment 3: Lease Agreement 2 Marshall Carts Rancho Solano Golf Course Attachment 4: Lease Agreement 80 Golf Carts Paradise Valley Golf Course Attachment 5: Lease Agreement 2 Marshall Carts Paradise Valley Golf Course REVIEWERS:
Reviewer Action Date
Chamberlin, Kristina Approved 5/23/2022 5:07 PM
Beavers, Esther Approved 6/2/2022 2:04 PM
Beavers, Esther Approved 6/2/2022 2:06 PM
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CITY OF FAIRFIELD
RESOLUTION NO. 2022 - 132
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY MANAGER TO EXECUTE A FOUR (4) YEAR LEASE AGREEMENT WITH PNC EQUIPMENT , LLC
FINANCE FOR REPLACEMENT OF GOLF CARTS AT RANCHO SOLANO AND PARADISE VALLEY
GOLF COURSES
WHEREAS, the City owns two municipal golf courses known as Paradise Valley Golf Course and Rancho Solano Golf Course (together, the “Golf Courses”); and WHEREAS, the City desires to replace the current aging fleet of 160 golf carts with 160 new carts and 4 Marshall carts (Equipment); and
WHEREAS, KemperSports Management, Inc. (Kemper), which has carried out the operation and maintenance of the Golf Courses pursuant to its Management Agreement with the City since 2002, possesses well-established expertise in golf course management and operation; and WHEREAS, Kemper has authority to negotiate and procure equipment for the Golf Courses on behalf on the City under the Management Agreement; and
WHEREAS, staff, working with Kemper, solicited quotes from three vendors of golf carts with well-established reputations for quality and dependability, and received three bids, of which E- Z-GO bid had superior product, terms and price.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The City Council hereby approves the lease of the Equipment and authorizes the city manager to enter into a lease agreement with PNC Equipment for an amount not to exceed $287,430 under the terms outlined in the lease agreements associated with this item and in a form that shall be approved by the city attorney.
Section 2. The council hereby authorizes use of Golf Course Enterprise Fund for lease payments.
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RES. NO. 2022-132
PASSED AND ADOPTED this 21st day of June, 2022, by the following vote:
AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
MAYOR
ATTEST:
_________________________
CITY CLERK
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10/15 SE Welcome Letter
March 16, 2022
CITY OF FAIRFIELD
Course Name: Rancho Solano Golf Course
1000 WEBSTER STREET
FAIRFIELD, CA 94533
RE: Lease Number 10339133-1
To Whom It May Concern:
Thank you for choosing PNC Equipment Finance, LLC as your financing source. Enclosed you will find the following documentation:
Lease Agreement: Please sign, print name, title and date. Schedule A (if applicable): Please initial at the bottom of the page. Insurance:Please note the page detailing instructions regarding the certificate of insurance required under the terms of the lease.
Simply forward a copy of the signed page to your insurance carrier,so that they may issue the appropriate certificate on a timely basis.
Certificate of Acceptance: Please date, sign and insert title. Resolution and Certificate of Incumbency:Please have all authorized signers (including the individual who signed the documents)sign in the middle section along with the Corporate Secretary or Assistant Secretary,who should complete the bottom section of the document.This person must complete the top and bottom sections of the document.If you have a corporate resolution available,please include that in the return of your documents.If this document does not apply to your business structure, please send a copy of your Operating Agreement, Partnership Agreement or Incorporating documents. Customer Information Form: Please complete and return. Notification of Tax Treatment: Please complete and return.
We appreciate this opportunity to serve you and look forward to working with you in the future.Should you have any questions before sending the documents, please feel free to contact me at [email protected].
Sincerely,
Gillian Wixted
Sales Specialist
C03
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Muni Short Form Lease Pkg FMV (Taxable $500k under)
V20211109
E04
Lease Agreement
Dated as of March 16, 2022
Lease Number: 10339133-1
Lessor: PNC Equipment Finance, LLC
655 Business Center Drive
Horsham, Pennsylvania 19044
Lessee:LESSEE FULL LEGAL NAME FEDERAL TAX ID
CITY OF FAIRFIELD 946000331
1000 WEBSTER STREET
FAIRFIELD, CA 94533
Equipment Description:
Quantity Description Serial No.
80 (80) 2023 E-Z-GO RXV Elite
Lease Term is for 48 months, with Rent payments due monthly plus applicable tax; each in the amount of $2,578.60 beginning ______________________.
Lessee shall pay Rent payments exclusively from legally available funds in U.S. currency to Lessor in the amounts and on the dates set forth herein, without notice or demand.
TERMS AND CONDITIONS
1.LEASE.Subject to the terms of this Lease,Lessee agrees to lease from Lessor the equipment (the “Equipment”)described above when Lessor accepts this Lease. Lessee agrees to be bound by all the terms of this Lease.
2.DELIVERY AND ACCEPTANCE OF EQUIPMENT.Acceptance of the Equipment occurs upon delivery.When Lessee receives the Equipment,Lessee agrees to inspect it and to verify by telephone or in writing such information as Lessor may require.Delivery and installation costs are Lessee’s responsibility.If Lessee signed a purchase contract for the Equipment,by signing this Lease Lessee assigns its rights, but none of its obligations under the purchase contract, to Lessor.
3.RENT.Lessee agrees to pay Lessor Rent (plus applicable taxes)in the amount and frequency stated above.If Lessee’s Rent payments are due in Advance,Lessee’s first Rent payment is due on the date Lessee accepts the Equipment under the Lease.Lessor will advise Lessee as to (a)the due date of each Rent payment,and (b)the address to which Lessee must send payments.Rent is due whether or not Lessee receives an invoice from Lessor.Lessee will pay Lessor any required advance rent when Lessee signs this Lease.Lessee authorizes Lessor to change the Rent by not more than 15%due to changes in the Equipment configuration,which may occur prior to Lessor’s acceptance of this Lease.Restrictive endorsements on checks Lessee sends to Lessor will not reduce Lessee’s obligations to Lessor.
NON-APPROPRIATION OF FUNDS.Lessee intends to remit all Rent and other payments to Lessor for the full Lease Term if funds are legally available.In the event Lessee is not granted an appropriation of funds at any time during the Lease Term for the Equipment subject to this Lease and operating funds are not otherwise available to Lessee to pay the Rent and other payments due and to become due under this Lease,and there is no other legal procedure or available funds by or with which payment can be made to Lessor,and the non- appropriation did not result from an act or omission by Lessee,Lessee shall have the right to return the Equipment as provided herein and terminate this Lease on the last day of the fiscal period for which appropriations were received without penalty or expense to Lessee,except as the portion of Rent for which funds shall have been appropriated and budgeted.At least 30 days prior to the end of Lessee’s fiscal year, Lessee’s chief executive officer (or legal counsel)shall certify in writing that (a)funds have not been appropriated for the upcoming fiscal period,(b)such non-appropriation did not result from any act or failure to act by Lessee,and (c)Lessee has exhausted all funds legally available for the payment of Rent.
4.UNCONDITIONAL OBLIGATION.LESSEE AGREES THAT IT IS UNCONDITIONALLY OBLIGATED TO PAY ALL RENT AND ANY
OTHER AMOUNTS DUE UNDER THIS LEASE IN ALL FISCAL YEARS IN WHICH FUNDS HAVE BEEN APPROPRIATED NO MATTER
WHAT HAPPENS,EVEN IF THE EQUIPMENT IS DAMAGED OR DESTROYED,IF IT IS DEFECTIVE OR IF LESSEE HAS TEMPORARY OR PERMANENT LOSS OF ITS USE.LESSEE IS NOT ENTITLED TO ANY REDUCTION OR SET-OFF AGAINST RENT OR OTHER AMOUNTS DUE UNDER THIS LEASE FOR ANY REASON WHATSOEVER.
5.DISCLAIMER OF WARRANTIES.THE EQUIPMENT IS BEING LEASED TO LESSEE IN “AS IS”CONDITION.LESSEE AGREES
THAT LESSOR HAS NOT MANUFACTURED THE EQUIPMENT AND THAT LESSEE HAS SELECTED THE EQUIPMENT BASED UPON LESSEE’S OWN JUDGMENT.LESSEE HAS NOT RELIED ON ANY STATEMENTS LESSOR OR ITS EMPLOYEES HAVE MADE.LESSOR HAS NOT MADE AND DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER,INCLUDING WITHOUT LIMITATION,THE EQUIPMENT’S MERCHANTABILITY,FITNESS FOR A PARTICULAR
PURPOSE,SUITABILITY,DESIGN,CONDITION,DURABILITY,OPERATION,QUALITY OF MATERIALS OR WORKMANSHIP,OR COMPLIANCE WITH SPECIFICATIONS OR APPLICABLE LAW.Lessee is aware of the name of the Equipment manufacturer.If the manufacturer has provided Lessor with a warranty,Lessor assigns its rights to such warranty to Lessee and Lessee may enforce all warranty rights directly against the manufacturer of the Equipment.Lessee agrees to settle any dispute regarding performance of the Equipment directly with the manufacturer of the Equipment.
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Muni Short Form Lease Pkg FMV (Taxable $500k under)
V20211109
6.TITLE AND SECURITY INTEREST.Unless otherwise required by the laws of the state where Lessee is located,Lessor shall have title to the Equipment during the Lease Term.
7.USE,MAINTENANCE AND REPAIR.Lessee will not move the Equipment from the Equipment Location without Lessor’s advance written consent.Lessee will give Lessor reasonable access to the Equipment Location so that Lessor can check the Equipment’s existence, condition and proper maintenance.Lessee will use the Equipment in the manner for which it was intended,as required by all applicable manuals and instructions,and keep it eligible for any manufacturer’s certification and/or standard full service maintenance contract.At Lessee’s own cost and expense,Lessee will keep the Equipment in good repair,condition and working order,ordinary wear and tear excepted.Lessee will not make any permanent alterations to the Equipment and will remove any alterations or markings from the Equipment before returning to Lessor.
8.TAXES.Unless a proper exemption certificate is provided,applicable sales and use taxes will be added to the Rent.Lessee agrees to pay Lessor,when invoiced,all taxes (including any sales,use and personal property taxes),fines,interest and penalties relating to this Lease and the Equipment (excluding taxes based on Lessor’s net income).Lessee agrees to file any required personal property tax returns and,if Lessor asks, Lessee will provide Lessor with proof of payment. Lessor does not have to contest any tax assessments.
9.INDEMNITY.Lessor is not responsible for any injuries,damages,penalties,claims or losses,including legal expenses,incurred by Lessee or any other person caused by the transportation,installation,manufacture,selection,purchase,lease,ownership,possession,modification, maintenance,condition,operation,use,return or disposition of the Equipment.To the extent permitted by law,Lessee agrees to reimburse Lessor for and defend Lessor against any claims for such losses,damages,penalties,claims,injuries,or expenses.This indemnity continues even after this Lease has expired, for acts or omissions that occurred during the Lease Term.
10.IDENTIFICATION.Lessee authorizes Lessor to insert or correct missing information on this Lease,including serial numbers and any other information describing the Equipment.
11.LOSS OR DAMAGE.Lessee is responsible for any loss of the Equipment from any cause at all,whether or not insured,from the time the Equipment is shipped to Lessee until it is returned to Lessor.If any item of Equipment is lost,stolen or damaged,Lessee will promptly notify Lessor of such event.Then,at Lessor’s option,Lessee will either (a)repair the Equipment so that it is in good condition and working order, eligible for any manufacturer’s certification,or (b)pay Lessor an amount equal to the Net Book Value (as defined herein)of the lost,stolen or damaged Equipment.If Lessee has satisfied their obligations herein,Lessor will forward to Lessee any insurance proceeds which Lessor receives for lost,damaged,or destroyed Equipment.If Lessee is in default,Lessor will apply any insurance proceeds Lessor receives to reduce Lessee’s obligations pursuant to this Lease.
12.INSURANCE.Lessee agrees to (a)keep the Equipment fully insured against loss,naming Lessor as loss payee,and (b)obtain a general public liability insurance policy covering both personal injury and property damage in amounts not less than Lessor may tell Lessee,naming Lessor as additional insured,until Lessee has met all their obligations under this Lease.Lessor is under no duty to tell Lessee if Lessee’s insurance coverage is adequate.The policies shall state that Lessor is to be notified of any proposed cancellation at least 30 days prior to the date set for cancellation.Upon Lessor’s request,Lessee agrees to provide Lessor with evidence of insurance acceptable to Lessor.If Lessee does not provide Lessor with evidence of proper insurance within ten days of Lessor’s request or Lessor receives notice of policy cancellation,Lessor may (but Lessor is not obligated to)obtain insurance on Lessor’s interest in the Equipment at Lessee’s expense.
Lessee will pay all insurance premiums and related charges.
13.DEFAULT.Lessee will be in default under this Lease if any of the following happens:(a)Lessor does not receive any Rent or other payment due under this Lease within ten days after its due date,(b)Lessee fails to perform or observe any other promise or obligation in this Lease and does not correct the default within ten days after Lessor sends Lessee written notice of default,(c)any representation, warranty or statement Lessee has made in this Lease shall prove to have been false or misleading in any material respect,(d)any insurance carrier cancels or threatens to cancel any insurance on the Equipment,(e)the Equipment or any part of it is abused,illegally used,misused,lost,destroyed,or damaged beyond repair,(f)a petition is filed by or against Lessee under any bankruptcy or insolvency laws, or (g) Lessee defaults on any other agreement between it and Lessor (or Lessor’s affiliates).
14.REMEDIES.Upon the occurrence of a default,Lessor may,in its sole discretion,do any or all of the following:(a)provide written notice to Lessee of default,(b)as liquidated damages for loss of a bargain and not as a penalty,declare due and payable,the present value of (i)any and all amounts which may be then due and payable by Lessee to Lessor under this Lease,plus (ii)all Rent payments remaining through the end of the then current fiscal year,discounted at the higher of 3%or the lowest rate allowed by law plus the Fair Market Value (as defined herein)of the Equipment (collectively,the “Net Book Value”)and (c)require Lessee to immediately return the Equipment to Lessor.
Lessor has the right to require Lessee to make the Equipment available to Lessor for repossession during reasonable business hours or Lessor may repossess the Equipment,so long as Lessor does not breach the peace in doing so,or Lessor may use legal process in compliance with applicable law pursuant to court order to have the Equipment repossessed.Lessee will not make any claims against Lessor or the Equipment for trespass,damage or any other reason.If Lessor takes possession of the Equipment Lessor may (a)sell or lease the Equipment at public or private sale or lease without notice,and/or (b)exercise such other rights as may be allowed by applicable law.Although Lessee agrees that Lessor has no obligation to sell the Equipment,if Lessor does sell the Equipment,Lessor will reduce the Net Book Value by the amounts Lessor receives.Lessee will immediately pay Lessor the remaining Net Book Value.Lessee agrees (a)to pay all of the costs Lessor incurs to enforce Lessor’s rights against Lessee,including attorney’s fees,and (b)that Lessor will retain all of Lessor’s rights against Lessee even if Lessor does not choose to enforce them at the time of Lessee’s default.
15.LESSEE’S OPTION AT END OF LEASE.Notwithstanding anything contained in the Lease to the contrary,so long as no default shall have occurred and be continuing,Lessee may,at Lessee's option,purchase the Equipment leased pursuant to this Lease on an "as is,where is" basis,without representation or warranty,express or implied,at the end of the Lease Term at a price equal to the Fair Market Value thereof, plus applicable taxes.Fair Market Value shall be the retail in-place value of the Equipment as determined solely by Lessor.This purchase option as applicable shall only be available if Lessee gives Lessor 90 days’prior written notice of Lessee's irrevocable intent to exercise such option and Lessor and Lessee shall have agreed to all terms and conditions of such purchase prior to the expiration date of the Lease Term.Until the Equipment is returned as required below,all terms of the Lease shall remain in full force and effect including the obligation to pay Rent calculated on a monthly basis.
16.RETURN OF EQUIPMENT.If (a)default occurs,(b)a non-appropriation of funds occurs as provided herein,or (c)Lessee does not exercise its purchase option at the end of the Lease Term,Lessee will immediately return the Equipment to any location(s)in the continental United States and aboard any carriers(s)Lessor may designate.The Equipment must be properly packed for shipment in accordance with the manufacturer’s recommendations or specifications,freight prepaid and insured,maintained in accordance with this Lease,and in “Average Saleable Condition.”“Average Saleable Condition”means that all of the Equipment is immediately available for use by a third party buyer,user or lessee,other than Lessee named in this Lease,without the need for any repair or refurbishment.Lessee will pay Packet Page 220 of 798Attachment 2 Page 3 of 10
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Lessor for any missing or defective parts or accessories.Lessee will continue to pay Rent calculated on a monthly basis until the Equipment is received and accepted by Lessor.
17.LESSEE’S REPRESENTATIONS AND WARRANTIES.Lessee hereby represents and warrants to Lessor that as of the date of this Lease, and throughout the Lease Term:(a)Lessee is the entity indicated in this Lease;(b)Lessee is a state or a fully constituted political subdivision or agency of the State in which Lessee is located;(c)Lessee is duly organized and existing under the constitution and laws of the state in which they are located;(d)Lessee is authorized to enter into and carry out Lessee’s obligations under this Lease,any documents relative to the acquisition of the Equipment and any other documents required to be delivered in connection with this Lease (collectively,the “Documents”);(e)the Documents have been duly authorized,executed and delivered by Lessee in accordance with all applicable laws,rules,ordinances,and regulations,the Documents are valid,legal,binding agreements,enforceable in accordance with their terms and the person(s)signing the Documents have the authority to do so,are acting with the full authorization of Lessee’s governing body,and hold the offices indicated below their signature,each of which are genuine;(f)the Equipment is essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of Lessee’s authority;(g)Lessee intends to use the Equipment for the entire Lease Term for such function and shall take all necessary action to include in Lessee’s annual budget any funds required to fulfill Lessee’s obligations for each fiscal year during the Lease Term;(h)Lessee has complied fully with all applicable law governing open meetings,public bidding and appropriations required in connection with this Lease and the acquisition of the Equipment;(i) Lessee’s obligations to remit Rent under this Lease constitutes a current expense and not a debt under applicable state law and no provision of this Lease constitutes a pledge of Lessee’s tax or general revenues,and any provision which is so constructed by a court of competent jurisdiction is void from the inception of this lease;and (j)all financial information Lessee has provided to Lessor is true and accurate and provides a good representation of Lessee’s financial condition.
18.LESSEE’S PROMISES.In addition to the other provisions of this Lease,Lessee agrees that during the term of this Lease (a)Lessee will promptly notify Lessor in writing if it moves its principal office or changes its name or legal structure,(b)Lessee will provide to Lessor such financial information as may reasonably request from time to time,and (c)Lessee will take any action Lessor reasonably requests to protect Lessor’s rights in the Equipment and to meet Lessee’s obligations under this Lease.
19.ASSIGNMENT.LESSEE WILL NOT SELL,TRANSFER,ASSIGN,PLEDGE,SUB-LEASE OR PART WITH POSSESSION OF THE EQUIPMENT OR FILE OR PERMIT A LIEN TO BE FILED AGAINST THE EQUIPMENT.Lessee will not attach any of the Equipment to any real estate.
20.ASSIGNMENT BY LESSOR.This Lease,and the rights of Lessor hereunder and in and to the Equipment,may be assigned and reassigned in whole or in part to one or more assignees by Lessor or its assigns at any time without the necessity of obtaining the consent of Lessee Upon an assignment,Lessee agrees to make all payments as designated in the assignment,notwithstanding any claim,defense, setoff or counterclaim whatsoever (whether arising from a breach of this Lease or otherwise)that Lessee may from time to time have against Lessor or Lessor's assigns.
21.COLLECTION EXPENSES,OVERDUE PAYMENT.Lessee agrees that Lessor can,but does not have to,take on Lessee’s behalf any action which Lessee fails to take as required by this Lease,and Lessor’s expenses will be in addition to that of the Rent which Lessee owes Lessor.If Lessor receives any payment from Lessee after the due date,Lessee shall pay Lessor on demand as a late charge 5%of such overdue amount, limited, however, to the maximum amount allowed by law.
22.MISCELLANEOUS.This Lease contains the entire agreement and supersedes any conflicting provision of any equipment purchase order or any other agreement.TIME IS OF THE ESSENCE IN THIS LEASE.If a court finds any provision of Lease to be unenforceable,the remaining terms of this Lease shall remain in effect.THIS LEASE IS A “FINANCE LEASE”AS DEFINED IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE.Lessee authorizes Lessor (or Lessor’s agent)to (a)obtain credit reports,(b)make such other credit inquires as Lessor may deem necessary,and (c)furnish payment history information to credit reporting agencies.To the extent permitted by law, Lessor may charge Lessee a fee of $250.00 to cover Lessor’s documentation and investigation costs.
23.NOTICES.All of Lessee’s written notices to Lessor must be sent by certified mail or recognized overnight delivery service,postage prepaid, to Lessor at Lessor’s address stated in this Lease,or by facsimile transmission to Lessor’s facsimile telephone number,with oral confirmation of receipt.All of Lessor’s notices to Lessee may be sent first class mail,postage prepaid,to Lessee’s address stated in this Lease.At any time after this Lease is signed,Lessee or Lessor may change an address or facsimile telephone number by giving notice to the other of the change.
24.ANTI-MONEY LAUNDERING/INTERNATIONAL TRADE COMPLIANCE.Lessee represents,warrants and covenants to Lessor,as of the date of this Lease,the date of each advance of proceeds under the Lease,the date of any renewal,extension or modification of this Lease, and at all times until this Lease has been terminated and all amounts thereunder have been indefeasibly paid in full,that:(a)no Covered Entity (i)is a Sanctioned Person;(ii)has any of its assets in a Sanctioned Jurisdiction or in the possession,custody or control of a Sanctioned Person;(iii)does business in or with,or derives any of its operating income from investments in or transactions with,any Sanctioned Jurisdiction or Sanctioned Person;(b)the proceeds of this Lease will not be used to fund any unlawful activity;(c)the funds used to repay the Lease are not derived from any unlawful activity;(d)each Covered Entity is in compliance with,and no Covered Entity engages in any dealings or transactions prohibited by,any laws of the United States,including but not limited to any Anti-Terrorism Laws; and (e)no Equipment is or will become Embargoed Property.Lessee covenants and agrees that (a)it shall immediately notify Lessor in writing upon the occurrence of a Reportable Compliance Event;and (b)if,at any time,any Equipment becomes Embargoed Property,in addition to all other rights and remedies available to Lessor,upon request by Lessor,Lessee shall provide substitute Equipment acceptable to Lessor that is not Embargoed Property.
As used herein:“Anti-Terrorism Laws”means any laws relating to terrorism,trade sanctions programs and embargoes,import/export licensing,money laundering,or bribery,all as amended,supplemented or replaced from time to time;“Compliance Authority”means each and all of the (a)U.S.Treasury Department/Office of Foreign Assets Control,(b)U.S.Treasury Department/Financial Crimes Enforcement Network,(c)U.S.State Department/Directorate of Defense Trade Controls,(d)U.S.Commerce Department/Bureau of Industry and Security,(e)U.S.Internal Revenue Service,(f)U.S.Justice Department,and (g)U.S.Securities and Exchange Commission;“Covered Entity”means Lessee,its affiliates and subsidiaries,all other obligors,all owners of the foregoing,and all brokers or other agents of Lessee acting in any capacity in connection with this Lease;“Embargoed Property”means any property (a)in which a Sanctioned Person holds an interest;(b)beneficially owned,directly or indirectly,by a Sanctioned Person;(c)that is due to or from a Sanctioned Person;(d)that is located in a Sanctioned Jurisdiction;or (e)that would otherwise cause any actual or possible violation by Lessor of any applicable Anti- Terrorism Law if Lessor were to obtain an encumbrance on,lien on,pledge of or security interest in such property or provide services in consideration of such property;“Reportable Compliance Event”means (1)any Covered Entity becomes a Sanctioned Person,or is indicted,arraigned,investigated or custodially detained,or receives an inquiry from regulatory or law enforcement officials,in connection Packet Page 221 of 798Attachment 2 Page 4 of 10
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with any Anti-Terrorism Law or any predicate crime to any Anti-Terrorism Law,or self-discovers facts or circumstances implicating any aspect of its operations with the actual or possible violation of any Anti-Terrorism Law;(2)any Covered Entity engages in a transaction that has caused or may cause Lessor to be in violation of any Anti-Terrorism Laws,including a Covered Entity’s use of any proceeds of the Lease to fund any operations in,finance any investments or activities in,or,make any payments to,directly or indirectly,a Sanctioned Jurisdiction or Sanctioned Person;or (3)any Equipment becomes Embargoed Property;“Sanctioned Jurisdiction”means a country subject to a sanctions program maintained by any Compliance Authority;and “Sanctioned Person”means any individual person,group, regime,entity or thing listed or otherwise recognized as a specially designated,prohibited,sanctioned or debarred person or entity,or subject to any limitations or prohibitions (including but not limited to the blocking of property or rejection of transactions),under any order or directive of any Compliance Authority or otherwise subject to,or specially designated under,any sanctions program maintained by any Compliance Authority.
25.USA PATRIOT ACT NOTICE.To help the government fight the funding of terrorism and money laundering activities,Federal law requires all financial institutions to obtain,verify and record information that identifies each lessee that opens an account.What this means:when the Lessee opens an account,Lessor will ask for the business name,business address,taxpayer identifying number and other information that will allow the Lessor to identify Lessee,such as organizational documents.For some businesses and organizations,Lessor may also need to ask for identifying information and documentation relating to certain individuals associated with the business or organization.
26.WAIVERS.LESSOR AND LESSEE EACH AGREE TO WAIVE,AND TO TAKE ALL REQUIRED STEPS TO WAIVE,ALL RIGHTS TO A JURY TRIAL.To the extent Lessee is permitted by applicable law,Lessee waives all rights and remedies conferred upon a lessee by Article 2A (Sections 508-522)of the Uniform Commercial Code.To the extent Lessee is permitted by applicable law,Lessee waives any rights they now or later may have under any statute or otherwise which requires Lessor to sell or otherwise use any Equipment to reduce Lessor’s damages,which requires Lessor to provide Lessee with notice of default,intent to accelerate amounts becoming due or acceleration of amounts becoming due,intent to sale the Equipment at a public or private sale,or which may otherwise limit or modify any of Lessor’s rights or remedies.Lessor will not be liable for specific performance of this Lease or for any losses,damages,delay or failure to deliver Equipment.
27.IMPORTANT INFORMATION ABOUT PHONE CALLS.By providing telephone number(s)to Lessor,now or at any later time,Lessee authorizes Lessor and its affiliates and designees to contact Lessee regarding Lessee account(s)with Lessor or its affiliates,whether such accounts are Lessee individual accounts or business accounts for which Lessee is a contact,at such numbers using any means,including but not limited to placing calls using an automated dialing system to cell,VoIP or other wireless phone number,or leaving prerecorded messages or sending text messages,even if charges may be incurred for the calls or text messages.Lessee consents that any phone call with Lessor may be monitored or recorded by Lessor.
IMPORTANT:READ BEFORE SIGNING.THE TERMS OF THIS LEASE SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE.TERMS OR ORAL PROMISES WHICH ARE NOT CONTAINED IN THIS WRITTEN AGREEMENT MAY NOT BE LEGALLY ENFORCED.THE TERMS OF THIS LEASE MAY ONLY BE CHANGED BY ANOTHER WRITTEN AGREEMENT BETWEEN LESSEE AND LESSOR.LESSEE AGREES TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS LEASE.LESSEE AGREES THAT THE EQUIPMENT WILL BE USED FOR BUSINESS PURPOSES ONLY AND NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES.
LESSEE CERTIFIES THAT ALL THE INFORMATION GIVEN IN THIS LEASE AND LESSEE’S APPLICATION WAS CORRECT AND COMPLETE WHEN THIS LEASE WAS SIGNED.THIS LEASE IS NOT BINDING UPON LESSOR OR EFFECTIVE UNLESS AND UNTIL LESSOR EXECUTES THIS LEASE. THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE OF THE LESSEE.
CITY OF FAIRFIELD
(“Lessee”)
X
Authorized Signature
_______________________________________
Print Name
_______________________________________
Title:
Date
1000 WEBSTER STREET
FAIRFIELD, CA 94533
PNC Equipment Finance, LLC
(“Lessor”)
X
Authorized Signature
_______________________________________
Print Name
_______________________________________
Title:
655 Business Center Drive
Horsham, PA 19044
PNC Equipment Finance, LLC
(“Lessor”)
X
Authorized Signature
_______________________________________
Print Name
_______________________________________
Title:
655 Business Center Drive
Horsham, PA 19044
Packet Page 222 of 798Attachment 2 Page 5 of 10
8/21 SE Insurance Letter (Lease)
March 16, 2022
CITY OF FAIRFIELD
Course Name: Rancho Solano Golf Course
1000 WEBSTER STREET
FAIRFIELD, CA 94533
Attn:
RE:Insurance Coverage Requirements for Equipment Financing Transaction between PNC Equipment Finance, LLC and CITY OF FAIRFIELD
Before funding your transaction,PNC Equipment Finance,LLC requires evidence of appropriate insurance coverage on the equipment described in your transaction documents.Please forward this request to your insurance company,agent or broker as soon as possible and ask for the evidence of insurance to be sent to the address below.
PNC Equipment Finance, LLC will have an insurable interest in the following equipment:
Quantity Description Serial No.
80 (80) 2023 E-Z-GO RXV Elite
As a condition to entering into the equipment financing transaction,PNC Equipment Finance,LLC requires the following at all times during the term of the transaction:
1.All of the equipment must be insured for its full insurable value on a 100% replacement cost basis.
2.PNC Equipment Finance,LLC must be named as lender loss payee under a property insurance policy insuring all risks to the equipment, including fire, theft, and other customary coverage under an "extended coverage" endorsement.
3.For leases only,PNC Equipment Finance,LLC must receive evidence that a comprehensive general liability insurance policy is in place with a minimum coverage of $1,000,000. PNC Equipment Finance, LLC must be named as an additional insured under the liability policy.
4.Each property insurance policy must contain a lender's loss payable clause,or special endorsement,in which the insurer agrees that any loss will be payable in accordance with the policy terms, notwithstanding any act or negligence of the insured.
5.Each policy must provide for 30 days’ written notice to PNCEF prior to any cancellation, non-renewal or amendment of the policy.
6.If vehicles, please include comprehensive and collision deductible on certificate.
The evidence of insurance can consist of a Certificate of Insurance form,Evidence of Insurance form,Memorandum of Insurance,binder for insurance, declarations page, or the actual policy and endorsements, in each case naming PNC Equipment Finance, LLC as follows:
PNC Equipment Finance, LLC, and its successors and assigns, as lender loss payee Attn: Insurance Department
655 Business Center Drive, Suite 250
Horsham, PA 19044
When completed, the evidence of insurance should be emailed to: [email protected] Request for Insurance
Insurance
Attachment
Packet Page 223 of 798Attachment 2 Page 6 of 10
E23
CERTIFICATE OF ACCEPTANCE
Lease Number 10339133-1
Quantity Description Serial No.
80 (80) 2023 E-Z-GO RXV Elite
Rancho Solano Golf Course
3250 Rancho Solano Parkway
Fairfield, CA 94534
Lessee, through its authorized representative, hereby certifies to Lessor that:
1.The Equipment has been delivered to the location where it will be used, which is the Equipment Location given in the Lease Agreement (“Lease”);
2.All of the Equipment has been inspected and is (a) complete, (b) properly installed, (c) functioning, and (d) in good working order;
3.Lessee accepts the Equipment for all purposes under the Lease as of _________________, 20__ (the “Acceptance Date”), which is the date on which the Equipment was delivered and installed;
4.The Equipment is of a size, design, capacity and manufacture acceptable to Lessee and suitable for Lessee’s purposes; and
5.Lessee is not in default under the Lease, no Non-Appropriation of Funds (as described in the Lease) has occurred, and all of Lessee’s statements and promises set forth in the Lease are true and correct.
Lessor is hereby authorized to insert serial numbers on the Lease.
THIS CERTIFICATE OF ACCEPTANCE IS SIGNED THIS ____ DAY OF _______________________, 20__.
CITY OF FAIRFIELD
(“Lessee”)
X
Authorized Signature
_______________________________________
Print Name
_______________________________________
Title:
Date
1000 WEBSTER STREET
FAIRFIELD, CA 94533
Packet Page 224 of 798Attachment 2 Page 7 of 10
E24
7/19 SE Muni Resolution and Cert of Incumbency
RESOLUTION AND CERTIFICATE OF INCUMBENCY
Lease Number 10339133-1
Lessee: CITY OF FAIRFIELD
WHEREAS,Lessee,a body politic and corporate duly organized and existing as a political subdivision,municipal corporation or similar public entity of the State or Commonwealth (“State”)is authorized by the laws of the State to purchase,acquire and lease certain equipment and other property for the benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto; and WHEREAS,pursuant to applicable law,the governing body of the Lessee (“Governing Body”)is authorized to acquire,dispose of and encumber real and personal property, including, without limitation, rights and interest in property, leases and easements necessary to the functions or operations of the Lessee.
WHEREAS,the Governing Body hereby finds and determines that the execution of one or more Lease Agreements or lease schedules (“Leases”)in the amount not exceeding the amount stated above for the purpose of acquiring the property (“Equipment”)to be described in the Leases is appropriate and necessary to the functions and operations of the Lessee.
WHEREAS, PNC Equipment Finance, LLC (“Lessor”) shall act as Lessor under said Leases.
NOW, THEREFORE, Be It Ordained by the Governing Body of the Lessee:
Section 1.Either one of the _______________________OR _______________________(each an “Authorized Representative”)acting on behalf of the Lessee, is hereby authorized to negotiate,enter into,execute,and deliver one or more Leases in substantially the form set forth in the document presently before the Governing Body,which document is available for public inspection at the office of the Lessee.Each Authorized Representative acting on behalf of the Lessee is hereby authorized to negotiate,enter into,execute,and deliver such other documents relating to the Lease as the Authorized Representative deems necessary and appropriate. All other related contracts and agreements necessary and incidental to the Leases are hereby authorized.
Section 2.By a written instrument signed by any Authorized Representative,said Authorized Representative may designate specifically identified officers or employees of the Lessee to execute and deliver agreements and documents relating to the Leases on behalf of the Lessee.
Section 3.The Lessee’s obligations under the Leases shall be subject to annual appropriation or renewal by the Governing Body as set forth in each Lease and the Lessee’s obligations under the Leases shall not constitute general obligations of the Lessee or indebtedness under the Constitution or laws of the State.
Section 4. This resolution shall take effect immediately upon its adoption and approval.
NAMES AND TITLES OF AUTHORIZED REPRESENTATIVES: AUTHORIZED LEASE SIGNORS ONLY _______________________________
Name
________________________________
Title
_______________________________
Name
________________________________
Title
ADOPTED AND APPROVED on this ________________, 20__.
Section 5.I,the undersigned Secretary/Clerk identified below,does hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of the above Lessee,a political subdivision duly organized and existing under the laws of the State where Lessee is located,that I have the title stated below,and that,as of the date hereof, the individuals named above are the duly elected or appointed officers of the Lessee holding the offices set forth opposite their respective names.
The undersigned Secretary/Clerk of the above-named Lessee hereby certifies and attests that the undersigned has access to the official records of the Governing Body of the Lessee,that the foregoing resolutions were duly adopted by said Governing Body of the Lessee at a meeting of said Governing Body and that such resolutions have not been amended or altered and are in full force and effect on the date stated below.
LESSEE: CITY OF FAIRFIELD
________________________________________________________ Signature of Secretary/Clerk of Lessee
Print Name:_______________________________________________ Official Title:______________________________________________ Date:________________________________________________
Packet Page 225 of 798Attachment 2 Page 8 of 10
PNC Equipment Finance, LLC
655 Business Center Drive, Suite 250 · Horsham, PA 19044 Questions? Call (800) 559-2755
1/08/2021 SE Customer Information Form
Lease # 10339133-1
Please provide the following information. By providing such information, you will enable us to ensure prompt payment of your vendor and the correct processing of your lease transaction.
Thank you.
Lessee Information
Full Business Legal Name: CITY OF FAIRFIELD Federal Tax ID Number: 946000331 Invoices should be directed to:Attention:
Address City:State:Zip:
Preferred Method of Payment: (Please check)
Monthly Invoice (Mail)
Invoices should be directed to:
Customer 1 Text
Attention:
Customer 1 Text
Address
Customer 1 Text
City:
Customer 1 Text
Monthly Invoice (Email)
Email:
Customer 1 Text
Billing Contact: Customer 1 Text
Contact Information
In order to verify receipt of equipment and review terms and conditions of the lease,please provide contact information for one or more staff that can assist in this process.
Contact 1:
Contact 1 info 1
Phone:
Contact 1 info 2
Email:
Contact 1 info 3
Contact 2:
Contact 2 info 1
Phone:
Contact 2 info 2
Email:
Contact 2 info 3
Signature
X Customer 1 Signature
Date
Customer 1 Date Signed
I hereby attest the above information is accurate.
Email:
Customer 1 Email
Customer Information
Packet Page 226 of 798Attachment 2 Page 9 of 10
PLEASE COMPLETE AND SIGN FORM
01/05/2021 SE Tax Notification
PNC Equipment Finance,LLC a Delaware limited liability company (“PNC”),is required to collect and remit sales/use tax in the taxing jurisdiction where your equipment will be located.If you select that you are exempt by marking one of the checkboxes below,you must provide a valid exemption certificate.If you do not provide this certificate prior to the booking of your transaction, you will be responsible for sales tax on all accrued payments. If tax has been remitted up front and financed into your lease payment,your account will not be marked sales tax exempt if you provide an exemption certificate after your transaction has been booked. If your tax is remitted on a monthly basis,your lease may be marked sales tax exempt for the remaining payments left to be invoiced if you provide a valid exemption certificate after your transaction has been booked. In the event we do not receive a valid sales tax exemption certificate prior to the date your lease commences,you will be charged sales/use tax.
Personal property tax returns will be filed as required by local law.In the event that any tax abatements or special exemptions are available on the equipment you will be leasing from us,please notify us as soon as possible and forward the related documentation to us. This will ensure that your leased equipment will be reported correctly.
Please indicate below if your lease is subject to tax or whether a valid exemption exists.
Sales Tax
¨ I agree that my lease is subject to sales/use tax.
¨ I am exempt from sales/use tax and I have attached a completed exemption certificate to PNC. ¨I am claiming a partial exemption from tax.I have attached a completed exemption certificate or other documented proof of this partial exemption.
¨I agree that my business is subject to sales/use tax and I have attached a completed resale certificate.This certificate indicates that I will be responsible for collection and remittance of sales/use tax based on the subsequent re-rental of the property.
If applicable to the tax rates in your state, are you outside the city limits or in an unincorporated area? ¨ Inside city limits ¨ Outside city limits ¨ Unincorporated area Property Tax
¨ I have a valid abatement or property tax exemption (documentation attached). ¨ Location:State
Taxing District
Additional comments:
_____________ ______
Lease Number 10339133-1
Lessee: CITY OF FAIRFIELD
Signature:
X Customer 1 Signature
Print Name:
Customer 1 Full Name
Title:
Customer 1 Title
Date:
Customer 1 Date Signed
Notification of Tax Treatment
Packet Page 227 of 798Attachment 2 Page 10 of 10
10/15 SE Welcome Letter
March 16, 2022
CITY OF FAIRFIELD
Course Name: Rancho Solano Golf Course
1000 WEBSTER STREET
FAIRFIELD, CA 94533
RE: Lease Number 10339133-2
To Whom It May Concern:
Thank you for choosing PNC Equipment Finance, LLC as your financing source. Enclosed you will find the following documentation:
Lease Agreement: Please sign, print name, title and date. Schedule A (if applicable): Please initial at the bottom of the page. Certificate of Acceptance: Please date, sign and insert title. Resolution and Certificate of Incumbency:Please have all authorized signers (including the individual who signed the documents)sign in the middle section along with the Corporate Secretary or Assistant Secretary,who should complete the bottom section of the document.This person must complete the top and bottom sections of the document.If you have a corporate resolution available,please include that in the return of your documents.If this document does not apply to your business structure, please send a copy of your Operating Agreement, Partnership Agreement or Incorporating documents. Insurance:Please note the page detailing instructions regarding the certificate of insurance required under the terms of the lease.
Simply forward a copy of the signed page to your insurance carrier,so that they may issue the appropriate certificate on a timely basis.
Customer Information Form: Please complete and return. Notification of Tax Treatment: Please complete and return.
We appreciate this opportunity to serve you and look forward to working with you in the future.Should you have any questions before sending the documents, please feel free to contact me at [email protected].
Sincerely,
Gillian Wixted
Sales Specialist
C03
Packet Page 228 of 798Attachment 3 Page 1 of 10
Muni Short Form Lease Pkg FMV (Taxable $500k under)
V20211109
E04
Lease Agreement
Dated as of March 16, 2022
Lease Number: 10339133-2
Lessor: PNC Equipment Finance, LLC
655 Business Center Drive
Horsham, Pennsylvania 19044
Lessee:LESSEE FULL LEGAL NAME FEDERAL TAX ID
CITY OF FAIRFIELD 946000331
1000 WEBSTER STREET
FAIRFIELD, CA 94533
Equipment Description:
Quantity Description Serial No.
2 (2) 2023 E-Z-GO RXV Elite
Lease Term is for 48 months, with Rent payments due monthly plus applicable tax; each in the amount of $184.16 beginning ___________________.
Lessee shall pay Rent payments exclusively from legally available funds in U.S.currency to Lessor in the amounts and on the dates set forth herein, without notice or demand.
TERMS AND CONDITIONS
1.LEASE.Subject to the terms of this Lease,Lessee agrees to lease from Lessor the equipment (the “Equipment”)described above when Lessor accepts this Lease. Lessee agrees to be bound by all the terms of this Lease.
2.DELIVERY AND ACCEPTANCE OF EQUIPMENT.Acceptance of the Equipment occurs upon delivery.When Lessee receives the Equipment,Lessee agrees to inspect it and to verify by telephone or in writing such information as Lessor may require.Delivery and installation costs are Lessee’s responsibility.If Lessee signed a purchase contract for the Equipment,by signing this Lease Lessee assigns its rights, but none of its obligations under the purchase contract, to Lessor.
3.RENT.Lessee agrees to pay Lessor Rent (plus applicable taxes)in the amount and frequency stated above.If Lessee’s Rent payments are due in Advance,Lessee’s first Rent payment is due on the date Lessee accepts the Equipment under the Lease.Lessor will advise Lessee as to (a)the due date of each Rent payment,and (b)the address to which Lessee must send payments.Rent is due whether or not Lessee receives an invoice from Lessor.Lessee will pay Lessor any required advance rent when Lessee signs this Lease.Lessee authorizes Lessor to change the Rent by not more than 15%due to changes in the Equipment configuration,which may occur prior to Lessor’s acceptance of this Lease.Restrictive endorsements on checks Lessee sends to Lessor will not reduce Lessee’s obligations to Lessor.
NON-APPROPRIATION OF FUNDS.Lessee intends to remit all Rent and other payments to Lessor for the full Lease Term if funds are legally available.In the event Lessee is not granted an appropriation of funds at any time during the Lease Term for the Equipment subject to this Lease and operating funds are not otherwise available to Lessee to pay the Rent and other payments due and to become due under this Lease,and there is no other legal procedure or available funds by or with which payment can be made to Lessor,and the non- appropriation did not result from an act or omission by Lessee,Lessee shall have the right to return the Equipment as provided herein and terminate this Lease on the last day of the fiscal period for which appropriations were received without penalty or expense to Lessee,except as the portion of Rent for which funds shall have been appropriated and budgeted.At least 30 days prior to the end of Lessee’s fiscal year, Lessee’s chief executive officer (or legal counsel)shall certify in writing that (a)funds have not been appropriated for the upcoming fiscal period,(b)such non-appropriation did not result from any act or failure to act by Lessee,and (c)Lessee has exhausted all funds legally available for the payment of Rent.
4.UNCONDITIONAL OBLIGATION.LESSEE AGREES THAT IT IS UNCONDITIONALLY OBLIGATED TO PAY ALL RENT AND ANY
OTHER AMOUNTS DUE UNDER THIS LEASE IN ALL FISCAL YEARS IN WHICH FUNDS HAVE BEEN APPROPRIATED NO MATTER
WHAT HAPPENS,EVEN IF THE EQUIPMENT IS DAMAGED OR DESTROYED,IF IT IS DEFECTIVE OR IF LESSEE HAS TEMPORARY OR PERMANENT LOSS OF ITS USE.LESSEE IS NOT ENTITLED TO ANY REDUCTION OR SET-OFF AGAINST RENT OR OTHER AMOUNTS DUE UNDER THIS LEASE FOR ANY REASON WHATSOEVER.
5.DISCLAIMER OF WARRANTIES.THE EQUIPMENT IS BEING LEASED TO LESSEE IN “AS IS”CONDITION.LESSEE AGREES
THAT LESSOR HAS NOT MANUFACTURED THE EQUIPMENT AND THAT LESSEE HAS SELECTED THE EQUIPMENT BASED UPON LESSEE’S OWN JUDGMENT.LESSEE HAS NOT RELIED ON ANY STATEMENTS LESSOR OR ITS EMPLOYEES HAVE MADE.LESSOR HAS NOT MADE AND DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER,INCLUDING WITHOUT LIMITATION,THE EQUIPMENT’S MERCHANTABILITY,FITNESS FOR A PARTICULAR
PURPOSE,SUITABILITY,DESIGN,CONDITION,DURABILITY,OPERATION,QUALITY OF MATERIALS OR WORKMANSHIP,OR COMPLIANCE WITH SPECIFICATIONS OR APPLICABLE LAW.Lessee is aware of the name of the Equipment manufacturer.If the manufacturer has provided Lessor with a warranty,Lessor assigns its rights to such warranty to Lessee and Lessee may enforce all warranty rights directly against the manufacturer of the Equipment.Lessee agrees to settle any dispute regarding performance of the Equipment directly with the manufacturer of the Equipment.
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6.TITLE AND SECURITY INTEREST.Unless otherwise required by the laws of the state where Lessee is located,Lessor shall have title to the Equipment during the Lease Term.
7.USE,MAINTENANCE AND REPAIR.Lessee will not move the Equipment from the Equipment Location without Lessor’s advance written consent.Lessee will give Lessor reasonable access to the Equipment Location so that Lessor can check the Equipment’s existence, condition and proper maintenance.Lessee will use the Equipment in the manner for which it was intended,as required by all applicable manuals and instructions,and keep it eligible for any manufacturer’s certification and/or standard full service maintenance contract.At Lessee’s own cost and expense,Lessee will keep the Equipment in good repair,condition and working order,ordinary wear and tear excepted.Lessee will not make any permanent alterations to the Equipment and will remove any alterations or markings from the Equipment before returning to Lessor.
8.TAXES.Unless a proper exemption certificate is provided,applicable sales and use taxes will be added to the Rent.Lessee agrees to pay Lessor,when invoiced,all taxes (including any sales,use and personal property taxes),fines,interest and penalties relating to this Lease and the Equipment (excluding taxes based on Lessor’s net income).Lessee agrees to file any required personal property tax returns and,if Lessor asks, Lessee will provide Lessor with proof of payment. Lessor does not have to contest any tax assessments.
9.INDEMNITY.Lessor is not responsible for any injuries,damages,penalties,claims or losses,including legal expenses,incurred by Lessee or any other person caused by the transportation,installation,manufacture,selection,purchase,lease,ownership,possession,modification, maintenance,condition,operation,use,return or disposition of the Equipment.To the extent permitted by law,Lessee agrees to reimburse Lessor for and defend Lessor against any claims for such losses,damages,penalties,claims,injuries,or expenses.This indemnity continues even after this Lease has expired, for acts or omissions that occurred during the Lease Term.
10.IDENTIFICATION.Lessee authorizes Lessor to insert or correct missing information on this Lease,including serial numbers and any other information describing the Equipment.
11.LOSS OR DAMAGE.Lessee is responsible for any loss of the Equipment from any cause at all,whether or not insured,from the time the Equipment is shipped to Lessee until it is returned to Lessor.If any item of Equipment is lost,stolen or damaged,Lessee will promptly notify Lessor of such event.Then,at Lessor’s option,Lessee will either (a)repair the Equipment so that it is in good condition and working order, eligible for any manufacturer’s certification,or (b)pay Lessor an amount equal to the Net Book Value (as defined herein)of the lost,stolen or damaged Equipment.If Lessee has satisfied their obligations herein,Lessor will forward to Lessee any insurance proceeds which Lessor receives for lost,damaged,or destroyed Equipment.If Lessee is in default,Lessor will apply any insurance proceeds Lessor receives to reduce Lessee’s obligations pursuant to this Lease.
12.INSURANCE.Lessee agrees to (a)keep the Equipment fully insured against loss,naming Lessor as loss payee,and (b)obtain a general public liability insurance policy covering both personal injury and property damage in amounts not less than Lessor may tell Lessee,naming Lessor as additional insured,until Lessee has met all their obligations under this Lease.Lessor is under no duty to tell Lessee if Lessee’s insurance coverage is adequate.The policies shall state that Lessor is to be notified of any proposed cancellation at least 30 days prior to the date set for cancellation.Upon Lessor’s request,Lessee agrees to provide Lessor with evidence of insurance acceptable to Lessor.If Lessee does not provide Lessor with evidence of proper insurance within ten days of Lessor’s request or Lessor receives notice of policy cancellation,Lessor may (but Lessor is not obligated to)obtain insurance on Lessor’s interest in the Equipment at Lessee’s expense.
Lessee will pay all insurance premiums and related charges.
13.DEFAULT.Lessee will be in default under this Lease if any of the following happens:(a)Lessor does not receive any Rent or other payment due under this Lease within ten days after its due date,(b)Lessee fails to perform or observe any other promise or obligation in this Lease and does not correct the default within ten days after Lessor sends Lessee written notice of default,(c)any representation, warranty or statement Lessee has made in this Lease shall prove to have been false or misleading in any material respect,(d)any insurance carrier cancels or threatens to cancel any insurance on the Equipment,(e)the Equipment or any part of it is abused,illegally used,misused,lost,destroyed,or damaged beyond repair,(f)a petition is filed by or against Lessee under any bankruptcy or insolvency laws, or (g) Lessee defaults on any other agreement between it and Lessor (or Lessor’s affiliates).
14.REMEDIES.Upon the occurrence of a default,Lessor may,in its sole discretion,do any or all of the following:(a)provide written notice to Lessee of default,(b)as liquidated damages for loss of a bargain and not as a penalty,declare due and payable,the present value of (i)any and all amounts which may be then due and payable by Lessee to Lessor under this Lease,plus (ii)all Rent payments remaining through the end of the then current fiscal year,discounted at the higher of 3%or the lowest rate allowed by law plus the Fair Market Value (as defined herein)of the Equipment (collectively,the “Net Book Value”)and (c)require Lessee to immediately return the Equipment to Lessor.
Lessor has the right to require Lessee to make the Equipment available to Lessor for repossession during reasonable business hours or Lessor may repossess the Equipment,so long as Lessor does not breach the peace in doing so,or Lessor may use legal process in compliance with applicable law pursuant to court order to have the Equipment repossessed.Lessee will not make any claims against Lessor or the Equipment for trespass,damage or any other reason.If Lessor takes possession of the Equipment Lessor may (a)sell or lease the Equipment at public or private sale or lease without notice,and/or (b)exercise such other rights as may be allowed by applicable law.Although Lessee agrees that Lessor has no obligation to sell the Equipment,if Lessor does sell the Equipment,Lessor will reduce the Net Book Value by the amounts Lessor receives.Lessee will immediately pay Lessor the remaining Net Book Value.Lessee agrees (a)to pay all of the costs Lessor incurs to enforce Lessor’s rights against Lessee,including attorney’s fees,and (b)that Lessor will retain all of Lessor’s rights against Lessee even if Lessor does not choose to enforce them at the time of Lessee’s default.
15.LESSEE’S OPTION AT END OF LEASE.Notwithstanding anything contained in the Lease to the contrary,so long as no default shall have occurred and be continuing,Lessee may,at Lessee's option,purchase the Equipment leased pursuant to this Lease on an "as is,where is" basis,without representation or warranty,express or implied,at the end of the Lease Term at a price equal to the Fair Market Value thereof, plus applicable taxes.Fair Market Value shall be the retail in-place value of the Equipment as determined solely by Lessor.This purchase option as applicable shall only be available if Lessee gives Lessor 90 days’prior written notice of Lessee's irrevocable intent to exercise such option and Lessor and Lessee shall have agreed to all terms and conditions of such purchase prior to the expiration date of the Lease Term.Until the Equipment is returned as required below,all terms of the Lease shall remain in full force and effect including the obligation to pay Rent calculated on a monthly basis.
16.RETURN OF EQUIPMENT.If (a)default occurs,(b)a non-appropriation of funds occurs as provided herein,or (c)Lessee does not exercise its purchase option at the end of the Lease Term,Lessee will immediately return the Equipment to any location(s)in the continental United States and aboard any carriers(s)Lessor may designate.The Equipment must be properly packed for shipment in accordance with the manufacturer’s recommendations or specifications,freight prepaid and insured,maintained in accordance with this Lease,and in “Average Saleable Condition.”“Average Saleable Condition”means that all of the Equipment is immediately available for use by a third party buyer,user or lessee,other than Lessee named in this Lease,without the need for any repair or refurbishment.Lessee will pay Packet Page 230 of 798Attachment 3 Page 3 of 10
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Lessor for any missing or defective parts or accessories.Lessee will continue to pay Rent calculated on a monthly basis until the Equipment is received and accepted by Lessor.
17.LESSEE’S REPRESENTATIONS AND WARRANTIES.Lessee hereby represents and warrants to Lessor that as of the date of this Lease, and throughout the Lease Term:(a)Lessee is the entity indicated in this Lease;(b)Lessee is a state or a fully constituted political subdivision or agency of the State in which Lessee is located;(c)Lessee is duly organized and existing under the constitution and laws of the state in which they are located;(d)Lessee is authorized to enter into and carry out Lessee’s obligations under this Lease,any documents relative to the acquisition of the Equipment and any other documents required to be delivered in connection with this Lease (collectively,the “Documents”);(e)the Documents have been duly authorized,executed and delivered by Lessee in accordance with all applicable laws,rules,ordinances,and regulations,the Documents are valid,legal,binding agreements,enforceable in accordance with their terms and the person(s)signing the Documents have the authority to do so,are acting with the full authorization of Lessee’s governing body,and hold the offices indicated below their signature,each of which are genuine;(f)the Equipment is essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of Lessee’s authority;(g)Lessee intends to use the Equipment for the entire Lease Term for such function and shall take all necessary action to include in Lessee’s annual budget any funds required to fulfill Lessee’s obligations for each fiscal year during the Lease Term;(h)Lessee has complied fully with all applicable law governing open meetings,public bidding and appropriations required in connection with this Lease and the acquisition of the Equipment;(i) Lessee’s obligations to remit Rent under this Lease constitutes a current expense and not a debt under applicable state law and no provision of this Lease constitutes a pledge of Lessee’s tax or general revenues,and any provision which is so constructed by a court of competent jurisdiction is void from the inception of this lease;and (j)all financial information Lessee has provided to Lessor is true and accurate and provides a good representation of Lessee’s financial condition.
18.LESSEE’S PROMISES.In addition to the other provisions of this Lease,Lessee agrees that during the term of this Lease (a)Lessee will promptly notify Lessor in writing if it moves its principal office or changes its name or legal structure,(b)Lessee will provide to Lessor such financial information as may reasonably request from time to time,and (c)Lessee will take any action Lessor reasonably requests to protect Lessor’s rights in the Equipment and to meet Lessee’s obligations under this Lease.
19.ASSIGNMENT.LESSEE WILL NOT SELL,TRANSFER,ASSIGN,PLEDGE,SUB-LEASE OR PART WITH POSSESSION OF THE EQUIPMENT OR FILE OR PERMIT A LIEN TO BE FILED AGAINST THE EQUIPMENT.Lessee will not attach any of the Equipment to any real estate.
20.ASSIGNMENT BY LESSOR.This Lease,and the rights of Lessor hereunder and in and to the Equipment,may be assigned and reassigned in whole or in part to one or more assignees by Lessor or its assigns at any time without the necessity of obtaining the consent of Lessee Upon an assignment,Lessee agrees to make all payments as designated in the assignment,notwithstanding any claim,defense, setoff or counterclaim whatsoever (whether arising from a breach of this Lease or otherwise)that Lessee may from time to time have against Lessor or Lessor's assigns.
21.COLLECTION EXPENSES,OVERDUE PAYMENT.Lessee agrees that Lessor can,but does not have to,take on Lessee’s behalf any action which Lessee fails to take as required by this Lease,and Lessor’s expenses will be in addition to that of the Rent which Lessee owes Lessor.If Lessor receives any payment from Lessee after the due date,Lessee shall pay Lessor on demand as a late charge 5%of such overdue amount, limited, however, to the maximum amount allowed by law.
22.MISCELLANEOUS.This Lease contains the entire agreement and supersedes any conflicting provision of any equipment purchase order or any other agreement.TIME IS OF THE ESSENCE IN THIS LEASE.If a court finds any provision of Lease to be unenforceable,the remaining terms of this Lease shall remain in effect.THIS LEASE IS A “FINANCE LEASE”AS DEFINED IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE.Lessee authorizes Lessor (or Lessor’s agent)to (a)obtain credit reports,(b)make such other credit inquires as Lessor may deem necessary,and (c)furnish payment history information to credit reporting agencies.To the extent permitted by law, Lessor may charge Lessee a fee of $250.00 to cover Lessor’s documentation and investigation costs.
23.NOTICES.All of Lessee’s written notices to Lessor must be sent by certified mail or recognized overnight delivery service,postage prepaid, to Lessor at Lessor’s address stated in this Lease,or by facsimile transmission to Lessor’s facsimile telephone number,with oral confirmation of receipt.All of Lessor’s notices to Lessee may be sent first class mail,postage prepaid,to Lessee’s address stated in this Lease.At any time after this Lease is signed,Lessee or Lessor may change an address or facsimile telephone number by giving notice to the other of the change.
24.ANTI-MONEY LAUNDERING/INTERNATIONAL TRADE COMPLIANCE.Lessee represents,warrants and covenants to Lessor,as of the date of this Lease,the date of each advance of proceeds under the Lease,the date of any renewal,extension or modification of this Lease, and at all times until this Lease has been terminated and all amounts thereunder have been indefeasibly paid in full,that:(a)no Covered Entity (i)is a Sanctioned Person;(ii)has any of its assets in a Sanctioned Jurisdiction or in the possession,custody or control of a Sanctioned Person;(iii)does business in or with,or derives any of its operating income from investments in or transactions with,any Sanctioned Jurisdiction or Sanctioned Person;(b)the proceeds of this Lease will not be used to fund any unlawful activity;(c)the funds used to repay the Lease are not derived from any unlawful activity;(d)each Covered Entity is in compliance with,and no Covered Entity engages in any dealings or transactions prohibited by,any laws of the United States,including but not limited to any Anti-Terrorism Laws; and (e)no Equipment is or will become Embargoed Property.Lessee covenants and agrees that (a)it shall immediately notify Lessor in writing upon the occurrence of a Reportable Compliance Event;and (b)if,at any time,any Equipment becomes Embargoed Property,in addition to all other rights and remedies available to Lessor,upon request by Lessor,Lessee shall provide substitute Equipment acceptable to Lessor that is not Embargoed Property.
As used herein:“Anti-Terrorism Laws”means any laws relating to terrorism,trade sanctions programs and embargoes,import/export licensing,money laundering,or bribery,all as amended,supplemented or replaced from time to time;“Compliance Authority”means each and all of the (a)U.S.Treasury Department/Office of Foreign Assets Control,(b)U.S.Treasury Department/Financial Crimes Enforcement Network,(c)U.S.State Department/Directorate of Defense Trade Controls,(d)U.S.Commerce Department/Bureau of Industry and Security,(e)U.S.Internal Revenue Service,(f)U.S.Justice Department,and (g)U.S.Securities and Exchange Commission;“Covered Entity”means Lessee,its affiliates and subsidiaries,all other obligors,all owners of the foregoing,and all brokers or other agents of Lessee acting in any capacity in connection with this Lease;“Embargoed Property”means any property (a)in which a Sanctioned Person holds an interest;(b)beneficially owned,directly or indirectly,by a Sanctioned Person;(c)that is due to or from a Sanctioned Person;(d)that is located in a Sanctioned Jurisdiction;or (e)that would otherwise cause any actual or possible violation by Lessor of any applicable Anti- Terrorism Law if Lessor were to obtain an encumbrance on,lien on,pledge of or security interest in such property or provide services in consideration of such property;“Reportable Compliance Event”means (1)any Covered Entity becomes a Sanctioned Person,or is indicted,arraigned,investigated or custodially detained,or receives an inquiry from regulatory or law enforcement officials,in connection Packet Page 231 of 798Attachment 3 Page 4 of 10
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with any Anti-Terrorism Law or any predicate crime to any Anti-Terrorism Law,or self-discovers facts or circumstances implicating any aspect of its operations with the actual or possible violation of any Anti-Terrorism Law;(2)any Covered Entity engages in a transaction that has caused or may cause Lessor to be in violation of any Anti-Terrorism Laws,including a Covered Entity’s use of any proceeds of the Lease to fund any operations in,finance any investments or activities in,or,make any payments to,directly or indirectly,a Sanctioned Jurisdiction or Sanctioned Person;or (3)any Equipment becomes Embargoed Property;“Sanctioned Jurisdiction”means a country subject to a sanctions program maintained by any Compliance Authority;and “Sanctioned Person”means any individual person,group, regime,entity or thing listed or otherwise recognized as a specially designated,prohibited,sanctioned or debarred person or entity,or subject to any limitations or prohibitions (including but not limited to the blocking of property or rejection of transactions),under any order or directive of any Compliance Authority or otherwise subject to,or specially designated under,any sanctions program maintained by any Compliance Authority.
25.USA PATRIOT ACT NOTICE.To help the government fight the funding of terrorism and money laundering activities,Federal law requires all financial institutions to obtain,verify and record information that identifies each lessee that opens an account.What this means:when the Lessee opens an account,Lessor will ask for the business name,business address,taxpayer identifying number and other information that will allow the Lessor to identify Lessee,such as organizational documents.For some businesses and organizations,Lessor may also need to ask for identifying information and documentation relating to certain individuals associated with the business or organization.
26.WAIVERS.LESSOR AND LESSEE EACH AGREE TO WAIVE,AND TO TAKE ALL REQUIRED STEPS TO WAIVE,ALL RIGHTS TO A JURY TRIAL.To the extent Lessee is permitted by applicable law,Lessee waives all rights and remedies conferred upon a lessee by Article 2A (Sections 508-522)of the Uniform Commercial Code.To the extent Lessee is permitted by applicable law,Lessee waives any rights they now or later may have under any statute or otherwise which requires Lessor to sell or otherwise use any Equipment to reduce Lessor’s damages,which requires Lessor to provide Lessee with notice of default,intent to accelerate amounts becoming due or acceleration of amounts becoming due,intent to sale the Equipment at a public or private sale,or which may otherwise limit or modify any of Lessor’s rights or remedies.Lessor will not be liable for specific performance of this Lease or for any losses,damages,delay or failure to deliver Equipment.
27.IMPORTANT INFORMATION ABOUT PHONE CALLS.By providing telephone number(s)to Lessor,now or at any later time,Lessee authorizes Lessor and its affiliates and designees to contact Lessee regarding Lessee account(s)with Lessor or its affiliates,whether such accounts are Lessee individual accounts or business accounts for which Lessee is a contact,at such numbers using any means,including but not limited to placing calls using an automated dialing system to cell,VoIP or other wireless phone number,or leaving prerecorded messages or sending text messages,even if charges may be incurred for the calls or text messages.Lessee consents that any phone call with Lessor may be monitored or recorded by Lessor.
IMPORTANT:READ BEFORE SIGNING.THE TERMS OF THIS LEASE SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE.TERMS OR ORAL PROMISES WHICH ARE NOT CONTAINED IN THIS WRITTEN AGREEMENT MAY NOT BE LEGALLY ENFORCED.THE TERMS OF THIS LEASE MAY ONLY BE CHANGED BY ANOTHER WRITTEN AGREEMENT BETWEEN LESSEE AND LESSOR.LESSEE AGREES TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS LEASE.LESSEE AGREES THAT THE EQUIPMENT WILL BE USED FOR BUSINESS PURPOSES ONLY AND NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES.
LESSEE CERTIFIES THAT ALL THE INFORMATION GIVEN IN THIS LEASE AND LESSEE’S APPLICATION WAS CORRECT AND COMPLETE WHEN THIS LEASE WAS SIGNED.THIS LEASE IS NOT BINDING UPON LESSOR OR EFFECTIVE UNLESS AND UNTIL LESSOR EXECUTES THIS LEASE. THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE OF THE LESSEE.
CITY OF FAIRFIELD
(“Lessee”)
X
Authorized Signature
_______________________________________
Print Name
_______________________________________
Title:
Date
1000 WEBSTER STREET
FAIRFIELD, CA 94533
PNC Equipment Finance, LLC
(“Lessor”)
X
Authorized Signature
_______________________________________
Print Name
_______________________________________
Title:
655 Business Center Drive
Horsham, PA 19044
PNC Equipment Finance, LLC
(“Lessor”)
X
Authorized Signature
_______________________________________
Print Name
_______________________________________
Title:
655 Business Center Drive
Horsham, PA 19044
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8/21 SE Insurance Letter (Lease)
March 16, 2022
CITY OF FAIRFIELD
Course Name: Rancho Solano Golf Course
1000 WEBSTER STREET
FAIRFIELD, CA 94533
Attn:
RE:Insurance Coverage Requirements for Equipment Financing Transaction between PNC Equipment Finance, LLC and CITY OF FAIRFIELD
Before funding your transaction,PNC Equipment Finance,LLC requires evidence of appropriate insurance coverage on the equipment described in your transaction documents.Please forward this request to your insurance company,agent or broker as soon as possible and ask for the evidence of insurance to be sent to the address below.
PNC Equipment Finance, LLC will have an insurable interest in the following equipment:
Quantity Description Serial No.
2 (2) 2023 E-Z-GO RXV Elite
As a condition to entering into the equipment financing transaction,PNC Equipment Finance,LLC requires the following at all times during the term of the transaction:
1.All of the equipment must be insured for its full insurable value on a 100% replacement cost basis.
2.PNC Equipment Finance,LLC must be named as lender loss payee under a property insurance policy insuring all risks to the equipment, including fire, theft, and other customary coverage under an "extended coverage" endorsement.
3.For leases only,PNC Equipment Finance,LLC must receive evidence that a comprehensive general liability insurance policy is in place with a minimum coverage of $1,000,000. PNC Equipment Finance, LLC must be named as an additional insured under the liability policy.
4.Each property insurance policy must contain a lender's loss payable clause,or special endorsement,in which the insurer agrees that any loss will be payable in accordance with the policy terms, notwithstanding any act or negligence of the insured.
5.Each policy must provide for 30 days’ written notice to PNCEF prior to any cancellation, non-renewal or amendment of the policy.
6.If vehicles, please include comprehensive and collision deductible on certificate.
The evidence of insurance can consist of a Certificate of Insurance form,Evidence of Insurance form,Memorandum of Insurance,binder for insurance, declarations page, or the actual policy and endorsements, in each case naming PNC Equipment Finance, LLC as follows:
PNC Equipment Finance, LLC, and its successors and assigns, as lender loss payee Attn: Insurance Department
655 Business Center Drive, Suite 250
Horsham, PA 19044
When completed, the evidence of insurance should be emailed to: [email protected] Request for Insurance
Insurance
Attachment
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E23
CERTIFICATE OF ACCEPTANCE
Lease Number 10339133-2
Quantity Description Serial No.
2 (2) 2023 E-Z-GO RXV Elite
Rancho Solano Golf Course
3250 Rancho Solano Parkway
Fairfield, CA 94534
Lessee, through its authorized representative, hereby certifies to Lessor that:
1.The Equipment has been delivered to the location where it will be used, which is the Equipment Location given in the Lease Agreement (“Lease”);
2.All of the Equipment has been inspected and is (a) complete, (b) properly installed, (c) functioning, and (d) in good working order;
3.Lessee accepts the Equipment for all purposes under the Lease as of _________________, 20__ (the “Acceptance Date”), which is the date on which the Equipment was delivered and installed;
4.The Equipment is of a size, design, capacity and manufacture acceptable to Lessee and suitable for Lessee’s purposes; and
5.Lessee is not in default under the Lease, no Non-Appropriation of Funds (as described in the Lease) has occurred, and all of Lessee’s statements and promises set forth in the Lease are true and correct.
Lessor is hereby authorized to insert serial numbers on the Lease.
THIS CERTIFICATE OF ACCEPTANCE IS SIGNED THIS ____ DAY OF _______________________, 20__.
CITY OF FAIRFIELD
(“Lessee”)
X
Authorized Signature
_______________________________________
Print Name
_______________________________________
Title:
Date
1000 WEBSTER STREET
FAIRFIELD, CA 94533
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E24
7/19 SE Muni Resolution and Cert of Incumbency
RESOLUTION AND CERTIFICATE OF INCUMBENCY
Lease Number 10339133-2
Lessee: CITY OF FAIRFIELD
WHEREAS,Lessee,a body politic and corporate duly organized and existing as a political subdivision,municipal corporation or similar public entity of the State or Commonwealth (“State”)is authorized by the laws of the State to purchase,acquire and lease certain equipment and other property for the benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto; and WHEREAS,pursuant to applicable law,the governing body of the Lessee (“Governing Body”)is authorized to acquire,dispose of and encumber real and personal property, including, without limitation, rights and interest in property, leases and easements necessary to the functions or operations of the Lessee.
WHEREAS,the Governing Body hereby finds and determines that the execution of one or more Lease Agreements or lease schedules (“Leases”)in the amount not exceeding the amount stated above for the purpose of acquiring the property (“Equipment”)to be described in the Leases is appropriate and necessary to the functions and operations of the Lessee.
WHEREAS, PNC Equipment Finance, LLC (“Lessor”) shall act as Lessor under said Leases.
NOW, THEREFORE, Be It Ordained by the Governing Body of the Lessee:
Section 1.Either one of the _______________________OR _______________________(each an “Authorized Representative”)acting on behalf of the Lessee, is hereby authorized to negotiate,enter into,execute,and deliver one or more Leases in substantially the form set forth in the document presently before the Governing Body,which document is available for public inspection at the office of the Lessee.Each Authorized Representative acting on behalf of the Lessee is hereby authorized to negotiate,enter into,execute,and deliver such other documents relating to the Lease as the Authorized Representative deems necessary and appropriate. All other related contracts and agreements necessary and incidental to the Leases are hereby authorized.
Section 2.By a written instrument signed by any Authorized Representative,said Authorized Representative may designate specifically identified officers or employees of the Lessee to execute and deliver agreements and documents relating to the Leases on behalf of the Lessee.
Section 3.The Lessee’s obligations under the Leases shall be subject to annual appropriation or renewal by the Governing Body as set forth in each Lease and the Lessee’s obligations under the Leases shall not constitute general obligations of the Lessee or indebtedness under the Constitution or laws of the State.
Section 4. This resolution shall take effect immediately upon its adoption and approval.
NAMES AND TITLES OF AUTHORIZED REPRESENTATIVES: AUTHORIZED LEASE SIGNORS ONLY _______________________________
Name
________________________________
Title
_______________________________
Name
________________________________
Title
ADOPTED AND APPROVED on this ________________, 20__.
Section 5.I,the undersigned Secretary/Clerk identified below,does hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of the above Lessee,a political subdivision duly organized and existing under the laws of the State where Lessee is located,that I have the title stated below,and that,as of the date hereof, the individuals named above are the duly elected or appointed officers of the Lessee holding the offices set forth opposite their respective names.
The undersigned Secretary/Clerk of the above-named Lessee hereby certifies and attests that the undersigned has access to the official records of the Governing Body of the Lessee,that the foregoing resolutions were duly adopted by said Governing Body of the Lessee at a meeting of said Governing Body and that such resolutions have not been amended or altered and are in full force and effect on the date stated below.
LESSEE: CITY OF FAIRFIELD
________________________________________________________ Signature of Secretary/Clerk of Lessee
Print Name:_______________________________________________ Official Title:______________________________________________ Date:________________________________________________
Packet Page 235 of 798Attachment 3 Page 8 of 10
PNC Equipment Finance, LLC
655 Business Center Drive, Suite 250 · Horsham, PA 19044 Questions? Call (800) 559-2755
1/08/2021 SE Customer Information Form
Lease # 10339133-2
Please provide the following information. By providing such information, you will enable us to ensure prompt payment of your vendor and the correct processing of your lease transaction.
Thank you.
Lessee Information
Full Business Legal Name: CITY OF FAIRFIELD Federal Tax ID Number: 946000331 Invoices should be directed to:Attention:
Address City:State:Zip:
Preferred Method of Payment: (Please check)
Monthly Invoice (Mail)
Invoices should be directed to:
Customer 1 Text
Attention:
Customer 1 Text
Address
Customer 1 Text
City:
Customer 1 Text
Monthly Invoice (Email)
Email:
Customer 1 Text
Billing Contact: Customer 1 Text
Contact Information
In order to verify receipt of equipment and review terms and conditions of the lease,please provide contact information for one or more staff that can assist in this process.
Contact 1:
Contact 1 info 1
Phone:
Contact 1 info 2
Email:
Contact 1 info 3
Contact 2:
Contact 2 info 1
Phone:
Contact 2 info 2
Email:
Contact 2 info 3
Signature
X Customer 1 Signature
Date
Customer 1 Date Signed
I hereby attest the above information is accurate.
Email:
Customer 1 Email
Customer Information
Packet Page 236 of 798Attachment 3 Page 9 of 10
PLEASE COMPLETE AND SIGN FORM
01/05/2021 SE Tax Notification
PNC Equipment Finance,LLC a Delaware limited liability company (“PNC”),is required to collect and remit sales/use tax in the taxing jurisdiction where your equipment will be located.If you select that you are exempt by marking one of the checkboxes below,you must provide a valid exemption certificate.If you do not provide this certificate prior to the booking of your transaction, you will be responsible for sales tax on all accrued payments. If tax has been remitted up front and financed into your lease payment,your account will not be marked sales tax exempt if you provide an exemption certificate after your transaction has been booked. If your tax is remitted on a monthly basis,your lease may be marked sales tax exempt for the remaining payments left to be invoiced if you provide a valid exemption certificate after your transaction has been booked. In the event we do not receive a valid sales tax exemption certificate prior to the date your lease commences,you will be charged sales/use tax.
Personal property tax returns will be filed as required by local law.In the event that any tax abatements or special exemptions are available on the equipment you will be leasing from us,please notify us as soon as possible and forward the related documentation to us. This will ensure that your leased equipment will be reported correctly.
Please indicate below if your lease is subject to tax or whether a valid exemption exists.
Sales Tax
¨ I agree that my lease is subject to sales/use tax.
¨ I am exempt from sales/use tax and I have attached a completed exemption certificate to PNC. ¨I am claiming a partial exemption from tax.I have attached a completed exemption certificate or other documented proof of this partial exemption.
¨I agree that my business is subject to sales/use tax and I have attached a completed resale certificate.This certificate indicates that I will be responsible for collection and remittance of sales/use tax based on the subsequent re-rental of the property.
If applicable to the tax rates in your state, are you outside the city limits or in an unincorporated area? ¨ Inside city limits ¨ Outside city limits ¨ Unincorporated area Property Tax
¨ I have a valid abatement or property tax exemption (documentation attached). ¨ Location:State
Taxing District
Additional comments:
_____________ ______
Lease Number 10339133-2
Lessee: CITY OF FAIRFIELD
Signature:
X Customer 1 Signature
Print Name:
Customer 1 Full Name
Title:
Customer 1 Title
Date:
Customer 1 Date Signed
Notification of Tax Treatment
Packet Page 237 of 798Attachment 3 Page 10 of 10
10/15 SE Welcome Letter
March 16, 2022
CITY OF FAIRFIELD
Course Name: Paradise Valley Golf Course
1000 WEBSTER STREET
FAIRFIELD, CA 94533
RE: Lease Number 10339133-3
To Whom It May Concern:
Thank you for choosing PNC Equipment Finance, LLC as your financing source. Enclosed you will find the following documentation:
Lease Agreement: Please sign, print name, title and date. Schedule A (if applicable): Please initial at the bottom of the page. Insurance:Please note the page detailing instructions regarding the certificate of insurance required under the terms of the lease.
Simply forward a copy of the signed page to your insurance carrier,so that they may issue the appropriate certificate on a timely basis.
Certificate of Acceptance: Please date, sign and insert title. Resolution and Certificate of Incumbency:Please have all authorized signers (including the individual who signed the documents)sign in the middle section along with the Corporate Secretary or Assistant Secretary,who should complete the bottom section of the document.This person must complete the top and bottom sections of the document.If you have a corporate resolution available,please include that in the return of your documents.If this document does not apply to your business structure, please send a copy of your Operating Agreement, Partnership Agreement or Incorporating documents. Customer Information Form: Please complete and return. Notification of Tax Treatment: Please complete and return. Return Rider: Please complete and return.
We appreciate this opportunity to serve you and look forward to working with you in the future.Should you have any questions before sending the documents, please feel free to contact me at [email protected].
Sincerely,
Gillian Wixted
Sales Specialist
C03
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Muni Short Form Lease Pkg FMV (Taxable $500k under)
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E04
Lease Agreement
Dated as of March 16, 2022
Lease Number: 10339133-3
Lessor: PNC Equipment Finance, LLC
655 Business Center Drive
Horsham, Pennsylvania 19044
Lessee:LESSEE FULL LEGAL NAME FEDERAL TAX ID
CITY OF FAIRFIELD 946000331
1000 WEBSTER STREET
FAIRFIELD, CA 94533
Equipment Description:
Quantity Description Serial No.
80 (80) 2023 E-Z-GO RXV Elite
Lease Term is for 48 months, with Rent payments due monthly plus applicable tax; each in the amount of $2,578.40 beginning ___________________.
Lessee shall pay Rent payments exclusively from legally available funds in U.S.currency to Lessor in the amounts and on the dates set forth herein, without notice or demand.
TERMS AND CONDITIONS
1.LEASE.Subject to the terms of this Lease,Lessee agrees to lease from Lessor the equipment (the “Equipment”)described above when Lessor accepts this Lease. Lessee agrees to be bound by all the terms of this Lease.
2.DELIVERY AND ACCEPTANCE OF EQUIPMENT.Acceptance of the Equipment occurs upon delivery.When Lessee receives the Equipment,Lessee agrees to inspect it and to verify by telephone or in writing such information as Lessor may require.Delivery and installation costs are Lessee’s responsibility.If Lessee signed a purchase contract for the Equipment,by signing this Lease Lessee assigns its rights, but none of its obligations under the purchase contract, to Lessor.
3.RENT.Lessee agrees to pay Lessor Rent (plus applicable taxes)in the amount and frequency stated above.If Lessee’s Rent payments are due in Advance,Lessee’s first Rent payment is due on the date Lessee accepts the Equipment under the Lease.Lessor will advise Lessee as to (a)the due date of each Rent payment,and (b)the address to which Lessee must send payments.Rent is due whether or not Lessee receives an invoice from Lessor.Lessee will pay Lessor any required advance rent when Lessee signs this Lease.Lessee authorizes Lessor to change the Rent by not more than 15%due to changes in the Equipment configuration,which may occur prior to Lessor’s acceptance of this Lease.Restrictive endorsements on checks Lessee sends to Lessor will not reduce Lessee’s obligations to Lessor.
NON-APPROPRIATION OF FUNDS.Lessee intends to remit all Rent and other payments to Lessor for the full Lease Term if funds are legally available.In the event Lessee is not granted an appropriation of funds at any time during the Lease Term for the Equipment subject to this Lease and operating funds are not otherwise available to Lessee to pay the Rent and other payments due and to become due under this Lease,and there is no other legal procedure or available funds by or with which payment can be made to Lessor,and the non- appropriation did not result from an act or omission by Lessee,Lessee shall have the right to return the Equipment as provided herein and terminate this Lease on the last day of the fiscal period for which appropriations were received without penalty or expense to Lessee,except as the portion of Rent for which funds shall have been appropriated and budgeted.At least 30 days prior to the end of Lessee’s fiscal year, Lessee’s chief executive officer (or legal counsel)shall certify in writing that (a)funds have not been appropriated for the upcoming fiscal period,(b)such non-appropriation did not result from any act or failure to act by Lessee,and (c)Lessee has exhausted all funds legally available for the payment of Rent.
4.UNCONDITIONAL OBLIGATION.LESSEE AGREES THAT IT IS UNCONDITIONALLY OBLIGATED TO PAY ALL RENT AND ANY
OTHER AMOUNTS DUE UNDER THIS LEASE IN ALL FISCAL YEARS IN WHICH FUNDS HAVE BEEN APPROPRIATED NO MATTER
WHAT HAPPENS,EVEN IF THE EQUIPMENT IS DAMAGED OR DESTROYED,IF IT IS DEFECTIVE OR IF LESSEE HAS TEMPORARY OR PERMANENT LOSS OF ITS USE.LESSEE IS NOT ENTITLED TO ANY REDUCTION OR SET-OFF AGAINST RENT OR OTHER AMOUNTS DUE UNDER THIS LEASE FOR ANY REASON WHATSOEVER.
5.DISCLAIMER OF WARRANTIES.THE EQUIPMENT IS BEING LEASED TO LESSEE IN “AS IS”CONDITION.LESSEE AGREES
THAT LESSOR HAS NOT MANUFACTURED THE EQUIPMENT AND THAT LESSEE HAS SELECTED THE EQUIPMENT BASED UPON LESSEE’S OWN JUDGMENT.LESSEE HAS NOT RELIED ON ANY STATEMENTS LESSOR OR ITS EMPLOYEES HAVE MADE.LESSOR HAS NOT MADE AND DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER,INCLUDING WITHOUT LIMITATION,THE EQUIPMENT’S MERCHANTABILITY,FITNESS FOR A PARTICULAR
PURPOSE,SUITABILITY,DESIGN,CONDITION,DURABILITY,OPERATION,QUALITY OF MATERIALS OR WORKMANSHIP,OR COMPLIANCE WITH SPECIFICATIONS OR APPLICABLE LAW.Lessee is aware of the name of the Equipment manufacturer.If the manufacturer has provided Lessor with a warranty,Lessor assigns its rights to such warranty to Lessee and Lessee may enforce all warranty rights directly against the manufacturer of the Equipment.Lessee agrees to settle any dispute regarding performance of the Equipment directly with the manufacturer of the Equipment.
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6.TITLE AND SECURITY INTEREST.Unless otherwise required by the laws of the state where Lessee is located,Lessor shall have title to the Equipment during the Lease Term.
7.USE,MAINTENANCE AND REPAIR.Lessee will not move the Equipment from the Equipment Location without Lessor’s advance written consent.Lessee will give Lessor reasonable access to the Equipment Location so that Lessor can check the Equipment’s existence, condition and proper maintenance.Lessee will use the Equipment in the manner for which it was intended,as required by all applicable manuals and instructions,and keep it eligible for any manufacturer’s certification and/or standard full service maintenance contract.At Lessee’s own cost and expense,Lessee will keep the Equipment in good repair,condition and working order,ordinary wear and tear excepted.Lessee will not make any permanent alterations to the Equipment and will remove any alterations or markings from the Equipment before returning to Lessor.
8.TAXES.Unless a proper exemption certificate is provided,applicable sales and use taxes will be added to the Rent.Lessee agrees to pay Lessor,when invoiced,all taxes (including any sales,use and personal property taxes),fines,interest and penalties relating to this Lease and the Equipment (excluding taxes based on Lessor’s net income).Lessee agrees to file any required personal property tax returns and,if Lessor asks, Lessee will provide Lessor with proof of payment. Lessor does not have to contest any tax assessments.
9.INDEMNITY.Lessor is not responsible for any injuries,damages,penalties,claims or losses,including legal expenses,incurred by Lessee or any other person caused by the transportation,installation,manufacture,selection,purchase,lease,ownership,possession,modification, maintenance,condition,operation,use,return or disposition of the Equipment.To the extent permitted by law,Lessee agrees to reimburse Lessor for and defend Lessor against any claims for such losses,damages,penalties,claims,injuries,or expenses.This indemnity continues even after this Lease has expired, for acts or omissions that occurred during the Lease Term.
10.IDENTIFICATION.Lessee authorizes Lessor to insert or correct missing information on this Lease,including serial numbers and any other information describing the Equipment.
11.LOSS OR DAMAGE.Lessee is responsible for any loss of the Equipment from any cause at all,whether or not insured,from the time the Equipment is shipped to Lessee until it is returned to Lessor.If any item of Equipment is lost,stolen or damaged,Lessee will promptly notify Lessor of such event.Then,at Lessor’s option,Lessee will either (a)repair the Equipment so that it is in good condition and working order, eligible for any manufacturer’s certification,or (b)pay Lessor an amount equal to the Net Book Value (as defined herein)of the lost,stolen or damaged Equipment.If Lessee has satisfied their obligations herein,Lessor will forward to Lessee any insurance proceeds which Lessor receives for lost,damaged,or destroyed Equipment.If Lessee is in default,Lessor will apply any insurance proceeds Lessor receives to reduce Lessee’s obligations pursuant to this Lease.
12.INSURANCE.Lessee agrees to (a)keep the Equipment fully insured against loss,naming Lessor as loss payee,and (b)obtain a general public liability insurance policy covering both personal injury and property damage in amounts not less than Lessor may tell Lessee,naming Lessor as additional insured,until Lessee has met all their obligations under this Lease.Lessor is under no duty to tell Lessee if Lessee’s insurance coverage is adequate.The policies shall state that Lessor is to be notified of any proposed cancellation at least 30 days prior to the date set for cancellation.Upon Lessor’s request,Lessee agrees to provide Lessor with evidence of insurance acceptable to Lessor.If Lessee does not provide Lessor with evidence of proper insurance within ten days of Lessor’s request or Lessor receives notice of policy cancellation,Lessor may (but Lessor is not obligated to)obtain insurance on Lessor’s interest in the Equipment at Lessee’s expense.
Lessee will pay all insurance premiums and related charges.
13.DEFAULT.Lessee will be in default under this Lease if any of the following happens:(a)Lessor does not receive any Rent or other payment due under this Lease within ten days after its due date,(b)Lessee fails to perform or observe any other promise or obligation in this Lease and does not correct the default within ten days after Lessor sends Lessee written notice of default,(c)any representation, warranty or statement Lessee has made in this Lease shall prove to have been false or misleading in any material respect,(d)any insurance carrier cancels or threatens to cancel any insurance on the Equipment,(e)the Equipment or any part of it is abused,illegally used,misused,lost,destroyed,or damaged beyond repair,(f)a petition is filed by or against Lessee under any bankruptcy or insolvency laws, or (g) Lessee defaults on any other agreement between it and Lessor (or Lessor’s affiliates).
14.REMEDIES.Upon the occurrence of a default,Lessor may,in its sole discretion,do any or all of the following:(a)provide written notice to Lessee of default,(b)as liquidated damages for loss of a bargain and not as a penalty,declare due and payable,the present value of (i)any and all amounts which may be then due and payable by Lessee to Lessor under this Lease,plus (ii)all Rent payments remaining through the end of the then current fiscal year,discounted at the higher of 3%or the lowest rate allowed by law plus the Fair Market Value (as defined herein)of the Equipment (collectively,the “Net Book Value”)and (c)require Lessee to immediately return the Equipment to Lessor.
Lessor has the right to require Lessee to make the Equipment available to Lessor for repossession during reasonable business hours or Lessor may repossess the Equipment,so long as Lessor does not breach the peace in doing so,or Lessor may use legal process in compliance with applicable law pursuant to court order to have the Equipment repossessed.Lessee will not make any claims against Lessor or the Equipment for trespass,damage or any other reason.If Lessor takes possession of the Equipment Lessor may (a)sell or lease the Equipment at public or private sale or lease without notice,and/or (b)exercise such other rights as may be allowed by applicable law.Although Lessee agrees that Lessor has no obligation to sell the Equipment,if Lessor does sell the Equipment,Lessor will reduce the Net Book Value by the amounts Lessor receives.Lessee will immediately pay Lessor the remaining Net Book Value.Lessee agrees (a)to pay all of the costs Lessor incurs to enforce Lessor’s rights against Lessee,including attorney’s fees,and (b)that Lessor will retain all of Lessor’s rights against Lessee even if Lessor does not choose to enforce them at the time of Lessee’s default.
15.LESSEE’S OPTION AT END OF LEASE.Notwithstanding anything contained in the Lease to the contrary,so long as no default shall have occurred and be continuing,Lessee may,at Lessee's option,purchase the Equipment leased pursuant to this Lease on an "as is,where is" basis,without representation or warranty,express or implied,at the end of the Lease Term at a price equal to the Fair Market Value thereof, plus applicable taxes.Fair Market Value shall be the retail in-place value of the Equipment as determined solely by Lessor.This purchase option as applicable shall only be available if Lessee gives Lessor 90 days’prior written notice of Lessee's irrevocable intent to exercise such option and Lessor and Lessee shall have agreed to all terms and conditions of such purchase prior to the expiration date of the Lease Term.Until the Equipment is returned as required below,all terms of the Lease shall remain in full force and effect including the obligation to pay Rent calculated on a monthly basis.
16.RETURN OF EQUIPMENT.If (a)default occurs,(b)a non-appropriation of funds occurs as provided herein,or (c)Lessee does not exercise its purchase option at the end of the Lease Term,Lessee will immediately return the Equipment to any location(s)in the continental United States and aboard any carriers(s)Lessor may designate.The Equipment must be properly packed for shipment in accordance with the manufacturer’s recommendations or specifications,freight prepaid and insured,maintained in accordance with this Lease,and in “Average Saleable Condition.”“Average Saleable Condition”means that all of the Equipment is immediately available for use by a third party buyer,user or lessee,other than Lessee named in this Lease,without the need for any repair or refurbishment.Lessee will pay Packet Page 240 of 798Attachment 4 Page 3 of 11
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Lessor for any missing or defective parts or accessories.Lessee will continue to pay Rent calculated on a monthly basis until the Equipment is received and accepted by Lessor.
17.LESSEE’S REPRESENTATIONS AND WARRANTIES.Lessee hereby represents and warrants to Lessor that as of the date of this Lease, and throughout the Lease Term:(a)Lessee is the entity indicated in this Lease;(b)Lessee is a state or a fully constituted political subdivision or agency of the State in which Lessee is located;(c)Lessee is duly organized and existing under the constitution and laws of the state in which they are located;(d)Lessee is authorized to enter into and carry out Lessee’s obligations under this Lease,any documents relative to the acquisition of the Equipment and any other documents required to be delivered in connection with this Lease (collectively,the “Documents”);(e)the Documents have been duly authorized,executed and delivered by Lessee in accordance with all applicable laws,rules,ordinances,and regulations,the Documents are valid,legal,binding agreements,enforceable in accordance with their terms and the person(s)signing the Documents have the authority to do so,are acting with the full authorization of Lessee’s governing body,and hold the offices indicated below their signature,each of which are genuine;(f)the Equipment is essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of Lessee’s authority;(g)Lessee intends to use the Equipment for the entire Lease Term for such function and shall take all necessary action to include in Lessee’s annual budget any funds required to fulfill Lessee’s obligations for each fiscal year during the Lease Term;(h)Lessee has complied fully with all applicable law governing open meetings,public bidding and appropriations required in connection with this Lease and the acquisition of the Equipment;(i) Lessee’s obligations to remit Rent under this Lease constitutes a current expense and not a debt under applicable state law and no provision of this Lease constitutes a pledge of Lessee’s tax or general revenues,and any provision which is so constructed by a court of competent jurisdiction is void from the inception of this lease;and (j)all financial information Lessee has provided to Lessor is true and accurate and provides a good representation of Lessee’s financial condition.
18.LESSEE’S PROMISES.In addition to the other provisions of this Lease,Lessee agrees that during the term of this Lease (a)Lessee will promptly notify Lessor in writing if it moves its principal office or changes its name or legal structure,(b)Lessee will provide to Lessor such financial information as may reasonably request from time to time,and (c)Lessee will take any action Lessor reasonably requests to protect Lessor’s rights in the Equipment and to meet Lessee’s obligations under this Lease.
19.ASSIGNMENT.LESSEE WILL NOT SELL,TRANSFER,ASSIGN,PLEDGE,SUB-LEASE OR PART WITH POSSESSION OF THE EQUIPMENT OR FILE OR PERMIT A LIEN TO BE FILED AGAINST THE EQUIPMENT.Lessee will not attach any of the Equipment to any real estate.
20.ASSIGNMENT BY LESSOR.This Lease,and the rights of Lessor hereunder and in and to the Equipment,may be assigned and reassigned in whole or in part to one or more assignees by Lessor or its assigns at any time without the necessity of obtaining the consent of Lessee Upon an assignment,Lessee agrees to make all payments as designated in the assignment,notwithstanding any claim,defense, setoff or counterclaim whatsoever (whether arising from a breach of this Lease or otherwise)that Lessee may from time to time have against Lessor or Lessor's assigns.
21.COLLECTION EXPENSES,OVERDUE PAYMENT.Lessee agrees that Lessor can,but does not have to,take on Lessee’s behalf any action which Lessee fails to take as required by this Lease,and Lessor’s expenses will be in addition to that of the Rent which Lessee owes Lessor.If Lessor receives any payment from Lessee after the due date,Lessee shall pay Lessor on demand as a late charge 5%of such overdue amount, limited, however, to the maximum amount allowed by law.
22.MISCELLANEOUS.This Lease contains the entire agreement and supersedes any conflicting provision of any equipment purchase order or any other agreement.TIME IS OF THE ESSENCE IN THIS LEASE.If a court finds any provision of Lease to be unenforceable,the remaining terms of this Lease shall remain in effect.THIS LEASE IS A “FINANCE LEASE”AS DEFINED IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE.Lessee authorizes Lessor (or Lessor’s agent)to (a)obtain credit reports,(b)make such other credit inquires as Lessor may deem necessary,and (c)furnish payment history information to credit reporting agencies.To the extent permitted by law, Lessor may charge Lessee a fee of $250.00 to cover Lessor’s documentation and investigation costs.
23.NOTICES.All of Lessee’s written notices to Lessor must be sent by certified mail or recognized overnight delivery service,postage prepaid, to Lessor at Lessor’s address stated in this Lease,or by facsimile transmission to Lessor’s facsimile telephone number,with oral confirmation of receipt.All of Lessor’s notices to Lessee may be sent first class mail,postage prepaid,to Lessee’s address stated in this Lease.At any time after this Lease is signed,Lessee or Lessor may change an address or facsimile telephone number by giving notice to the other of the change.
24.ANTI-MONEY LAUNDERING/INTERNATIONAL TRADE COMPLIANCE.Lessee represents,warrants and covenants to Lessor,as of the date of this Lease,the date of each advance of proceeds under the Lease,the date of any renewal,extension or modification of this Lease, and at all times until this Lease has been terminated and all amounts thereunder have been indefeasibly paid in full,that:(a)no Covered Entity (i)is a Sanctioned Person;(ii)has any of its assets in a Sanctioned Jurisdiction or in the possession,custody or control of a Sanctioned Person;(iii)does business in or with,or derives any of its operating income from investments in or transactions with,any Sanctioned Jurisdiction or Sanctioned Person;(b)the proceeds of this Lease will not be used to fund any unlawful activity;(c)the funds used to repay the Lease are not derived from any unlawful activity;(d)each Covered Entity is in compliance with,and no Covered Entity engages in any dealings or transactions prohibited by,any laws of the United States,including but not limited to any Anti-Terrorism Laws; and (e)no Equipment is or will become Embargoed Property.Lessee covenants and agrees that (a)it shall immediately notify Lessor in writing upon the occurrence of a Reportable Compliance Event;and (b)if,at any time,any Equipment becomes Embargoed Property,in addition to all other rights and remedies available to Lessor,upon request by Lessor,Lessee shall provide substitute Equipment acceptable to Lessor that is not Embargoed Property.
As used herein:“Anti-Terrorism Laws”means any laws relating to terrorism,trade sanctions programs and embargoes,import/export licensing,money laundering,or bribery,all as amended,supplemented or replaced from time to time;“Compliance Authority”means each and all of the (a)U.S.Treasury Department/Office of Foreign Assets Control,(b)U.S.Treasury Department/Financial Crimes Enforcement Network,(c)U.S.State Department/Directorate of Defense Trade Controls,(d)U.S.Commerce Department/Bureau of Industry and Security,(e)U.S.Internal Revenue Service,(f)U.S.Justice Department,and (g)U.S.Securities and Exchange Commission;“Covered Entity”means Lessee,its affiliates and subsidiaries,all other obligors,all owners of the foregoing,and all brokers or other agents of Lessee acting in any capacity in connection with this Lease;“Embargoed Property”means any property (a)in which a Sanctioned Person holds an interest;(b)beneficially owned,directly or indirectly,by a Sanctioned Person;(c)that is due to or from a Sanctioned Person;(d)that is located in a Sanctioned Jurisdiction;or (e)that would otherwise cause any actual or possible violation by Lessor of any applicable Anti- Terrorism Law if Lessor were to obtain an encumbrance on,lien on,pledge of or security interest in such property or provide services in consideration of such property;“Reportable Compliance Event”means (1)any Covered Entity becomes a Sanctioned Person,or is indicted,arraigned,investigated or custodially detained,or receives an inquiry from regulatory or law enforcement officials,in connection Packet Page 241 of 798Attachment 4 Page 4 of 11
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with any Anti-Terrorism Law or any predicate crime to any Anti-Terrorism Law,or self-discovers facts or circumstances implicating any aspect of its operations with the actual or possible violation of any Anti-Terrorism Law;(2)any Covered Entity engages in a transaction that has caused or may cause Lessor to be in violation of any Anti-Terrorism Laws,including a Covered Entity’s use of any proceeds of the Lease to fund any operations in,finance any investments or activities in,or,make any payments to,directly or indirectly,a Sanctioned Jurisdiction or Sanctioned Person;or (3)any Equipment becomes Embargoed Property;“Sanctioned Jurisdiction”means a country subject to a sanctions program maintained by any Compliance Authority;and “Sanctioned Person”means any individual person,group, regime,entity or thing listed or otherwise recognized as a specially designated,prohibited,sanctioned or debarred person or entity,or subject to any limitations or prohibitions (including but not limited to the blocking of property or rejection of transactions),under any order or directive of any Compliance Authority or otherwise subject to,or specially designated under,any sanctions program maintained by any Compliance Authority.
25.USA PATRIOT ACT NOTICE.To help the government fight the funding of terrorism and money laundering activities,Federal law requires all financial institutions to obtain,verify and record information that identifies each lessee that opens an account.What this means:when the Lessee opens an account,Lessor will ask for the business name,business address,taxpayer identifying number and other information that will allow the Lessor to identify Lessee,such as organizational documents.For some businesses and organizations,Lessor may also need to ask for identifying information and documentation relating to certain individuals associated with the business or organization.
26.WAIVERS.LESSOR AND LESSEE EACH AGREE TO WAIVE,AND TO TAKE ALL REQUIRED STEPS TO WAIVE,ALL RIGHTS TO A JURY TRIAL.To the extent Lessee is permitted by applicable law,Lessee waives all rights and remedies conferred upon a lessee by Article 2A (Sections 508-522)of the Uniform Commercial Code.To the extent Lessee is permitted by applicable law,Lessee waives any rights they now or later may have under any statute or otherwise which requires Lessor to sell or otherwise use any Equipment to reduce Lessor’s damages,which requires Lessor to provide Lessee with notice of default,intent to accelerate amounts becoming due or acceleration of amounts becoming due,intent to sale the Equipment at a public or private sale,or which may otherwise limit or modify any of Lessor’s rights or remedies.Lessor will not be liable for specific performance of this Lease or for any losses,damages,delay or failure to deliver Equipment.
27.IMPORTANT INFORMATION ABOUT PHONE CALLS.By providing telephone number(s)to Lessor,now or at any later time,Lessee authorizes Lessor and its affiliates and designees to contact Lessee regarding Lessee account(s)with Lessor or its affiliates,whether such accounts are Lessee individual accounts or business accounts for which Lessee is a contact,at such numbers using any means,including but not limited to placing calls using an automated dialing system to cell,VoIP or other wireless phone number,or leaving prerecorded messages or sending text messages,even if charges may be incurred for the calls or text messages.Lessee consents that any phone call with Lessor may be monitored or recorded by Lessor.
IMPORTANT:READ BEFORE SIGNING.THE TERMS OF THIS LEASE SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE.TERMS OR ORAL PROMISES WHICH ARE NOT CONTAINED IN THIS WRITTEN AGREEMENT MAY NOT BE LEGALLY ENFORCED.THE TERMS OF THIS LEASE MAY ONLY BE CHANGED BY ANOTHER WRITTEN AGREEMENT BETWEEN LESSEE AND LESSOR.LESSEE AGREES TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS LEASE.LESSEE AGREES THAT THE EQUIPMENT WILL BE USED FOR BUSINESS PURPOSES ONLY AND NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES.
LESSEE CERTIFIES THAT ALL THE INFORMATION GIVEN IN THIS LEASE AND LESSEE’S APPLICATION WAS CORRECT AND COMPLETE WHEN THIS LEASE WAS SIGNED.THIS LEASE IS NOT BINDING UPON LESSOR OR EFFECTIVE UNLESS AND UNTIL LESSOR EXECUTES THIS LEASE. THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE OF THE LESSEE.
CITY OF FAIRFIELD
(“Lessee”)
X
Authorized Signature
_______________________________________
Print Name
_______________________________________
Title:
Date
1000 WEBSTER STREET
FAIRFIELD, CA 94533
PNC Equipment Finance, LLC
(“Lessor”)
X
Authorized Signature
_______________________________________
Print Name
_______________________________________
Title:
655 Business Center Drive
Horsham, PA 19044
PNC Equipment Finance, LLC
(“Lessor”)
X
Authorized Signature
_______________________________________
Print Name
_______________________________________
Title:
655 Business Center Drive
Horsham, PA 19044
Packet Page 242 of 798Attachment 4 Page 5 of 11
8/21 SE Insurance Letter (Lease)
March 16, 2022
CITY OF FAIRFIELD
Course Name: Paradise Valley Golf Course
1000 WEBSTER STREET
FAIRFIELD, CA 94533
Attn:
RE:Insurance Coverage Requirements for Equipment Financing Transaction between PNC Equipment Finance, LLC and CITY OF FAIRFIELD
Before funding your transaction,PNC Equipment Finance,LLC requires evidence of appropriate insurance coverage on the equipment described in your transaction documents.Please forward this request to your insurance company,agent or broker as soon as possible and ask for the evidence of insurance to be sent to the address below.
PNC Equipment Finance, LLC will have an insurable interest in the following equipment:
Quantity Description Serial No.
80 (80) 2023 E-Z-GO RXV Elite
As a condition to entering into the equipment financing transaction,PNC Equipment Finance,LLC requires the following at all times during the term of the transaction:
1.All of the equipment must be insured for its full insurable value on a 100% replacement cost basis.
2.PNC Equipment Finance,LLC must be named as lender loss payee under a property insurance policy insuring all risks to the equipment, including fire, theft, and other customary coverage under an "extended coverage" endorsement.
3.For leases only,PNC Equipment Finance,LLC must receive evidence that a comprehensive general liability insurance policy is in place with a minimum coverage of $1,000,000. PNC Equipment Finance, LLC must be named as an additional insured under the liability policy.
4.Each property insurance policy must contain a lender's loss payable clause,or special endorsement,in which the insurer agrees that any loss will be payable in accordance with the policy terms, notwithstanding any act or negligence of the insured.
5.Each policy must provide for 30 days’ written notice to PNCEF prior to any cancellation, non-renewal or amendment of the policy.
6.If vehicles, please include comprehensive and collision deductible on certificate.
The evidence of insurance can consist of a Certificate of Insurance form,Evidence of Insurance form,Memorandum of Insurance,binder for insurance, declarations page, or the actual policy and endorsements, in each case naming PNC Equipment Finance, LLC as follows:
PNC Equipment Finance, LLC, and its successors and assigns, as lender loss payee Attn: Insurance Department
655 Business Center Drive, Suite 250
Horsham, PA 19044
When completed, the evidence of insurance should be emailed to: [email protected] Request for Insurance
Insurance
Attachment
Packet Page 243 of 798Attachment 4 Page 6 of 11
E23
CERTIFICATE OF ACCEPTANCE
Lease Number 10339133-3
Quantity Description Serial No.
80 (80) 2023 E-Z-GO RXV Elite
Paradise Valley Golf Course
3950 Paradise Valley Drive
Fairfield, CA 94533
Lessee, through its authorized representative, hereby certifies to Lessor that:
1.The Equipment has been delivered to the location where it will be used, which is the Equipment Location given in the Lease Agreement (“Lease”);
2.All of the Equipment has been inspected and is (a) complete, (b) properly installed, (c) functioning, and (d) in good working order;
3.Lessee accepts the Equipment for all purposes under the Lease as of _________________, 20__ (the “Acceptance Date”), which is the date on which the Equipment was delivered and installed;
4.The Equipment is of a size, design, capacity and manufacture acceptable to Lessee and suitable for Lessee’s purposes; and
5.Lessee is not in default under the Lease, no Non-Appropriation of Funds (as described in the Lease) has occurred, and all of Lessee’s statements and promises set forth in the Lease are true and correct.
Lessor is hereby authorized to insert serial numbers on the Lease.
THIS CERTIFICATE OF ACCEPTANCE IS SIGNED THIS ____ DAY OF _______________________, 20__.
CITY OF FAIRFIELD
(“Lessee”)
X
Authorized Signature
_______________________________________
Print Name
_______________________________________
Title:
Date
1000 WEBSTER STREET
FAIRFIELD, CA 94533
Packet Page 244 of 798Attachment 4 Page 7 of 11
E24
7/19 SE Muni Resolution and Cert of Incumbency
RESOLUTION AND CERTIFICATE OF INCUMBENCY
Lease Number 10339133-3
Lessee: CITY OF FAIRFIELD
WHEREAS,Lessee,a body politic and corporate duly organized and existing as a political subdivision,municipal corporation or similar public entity of the State or Commonwealth (“State”)is authorized by the laws of the State to purchase,acquire and lease certain equipment and other property for the benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto; and WHEREAS,pursuant to applicable law,the governing body of the Lessee (“Governing Body”)is authorized to acquire,dispose of and encumber real and personal property, including, without limitation, rights and interest in property, leases and easements necessary to the functions or operations of the Lessee.
WHEREAS,the Governing Body hereby finds and determines that the execution of one or more Lease Agreements or lease schedules (“Leases”)in the amount not exceeding the amount stated above for the purpose of acquiring the property (“Equipment”)to be described in the Leases is appropriate and necessary to the functions and operations of the Lessee.
WHEREAS, PNC Equipment Finance, LLC (“Lessor”) shall act as Lessor under said Leases.
NOW, THEREFORE, Be It Ordained by the Governing Body of the Lessee:
Section 1.Either one of the _______________________OR _______________________(each an “Authorized Representative”)acting on behalf of the Lessee, is hereby authorized to negotiate,enter into,execute,and deliver one or more Leases in substantially the form set forth in the document presently before the Governing Body,which document is available for public inspection at the office of the Lessee.Each Authorized Representative acting on behalf of the Lessee is hereby authorized to negotiate,enter into,execute,and deliver such other documents relating to the Lease as the Authorized Representative deems necessary and appropriate. All other related contracts and agreements necessary and incidental to the Leases are hereby authorized.
Section 2.By a written instrument signed by any Authorized Representative,said Authorized Representative may designate specifically identified officers or employees of the Lessee to execute and deliver agreements and documents relating to the Leases on behalf of the Lessee.
Section 3.The Lessee’s obligations under the Leases shall be subject to annual appropriation or renewal by the Governing Body as set forth in each Lease and the Lessee’s obligations under the Leases shall not constitute general obligations of the Lessee or indebtedness under the Constitution or laws of the State.
Section 4. This resolution shall take effect immediately upon its adoption and approval.
NAMES AND TITLES OF AUTHORIZED REPRESENTATIVES: AUTHORIZED LEASE SIGNORS ONLY _______________________________
Name
________________________________
Title
_______________________________
Name
________________________________
Title
ADOPTED AND APPROVED on this ________________, 20__.
Section 5.I,the undersigned Secretary/Clerk identified below,does hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of the above Lessee,a political subdivision duly organized and existing under the laws of the State where Lessee is located,that I have the title stated below,and that,as of the date hereof, the individuals named above are the duly elected or appointed officers of the Lessee holding the offices set forth opposite their respective names.
The undersigned Secretary/Clerk of the above-named Lessee hereby certifies and attests that the undersigned has access to the official records of the Governing Body of the Lessee,that the foregoing resolutions were duly adopted by said Governing Body of the Lessee at a meeting of said Governing Body and that such resolutions have not been amended or altered and are in full force and effect on the date stated below.
LESSEE: CITY OF FAIRFIELD
________________________________________________________ Signature of Secretary/Clerk of Lessee
Print Name:_______________________________________________ Official Title:______________________________________________ Date:________________________________________________
Packet Page 245 of 798Attachment 4 Page 8 of 11
PNC Equipment Finance, LLC
655 Business Center Drive, Suite 250 · Horsham, PA 19044 Questions? Call (800) 559-2755
1/08/2021 SE Customer Information Form
Lease # 10339133-3
Please provide the following information. By providing such information, you will enable us to ensure prompt payment of your vendor and the correct processing of your lease transaction.
Thank you.
Lessee Information
Full Business Legal Name: CITY OF FAIRFIELD Federal Tax ID Number: 946000331 Invoices should be directed to:Attention:
Address City:State:Zip:
Preferred Method of Payment: (Please check)
Monthly Invoice (Mail)
Invoices should be directed to:
Customer 1 Text
Attention:
Customer 1 Text
Address
Customer 1 Text
City:
Customer 1 Text
Monthly Invoice (Email)
Email:
Customer 1 Text
Billing Contact: Customer 1 Text
Contact Information
In order to verify receipt of equipment and review terms and conditions of the lease,please provide contact information for one or more staff that can assist in this process.
Contact 1:
Contact 1 info 1
Phone:
Contact 1 info 2
Email:
Contact 1 info 3
Contact 2:
Contact 2 info 1
Phone:
Contact 2 info 2
Email:
Contact 2 info 3
Signature
X Customer 1 Signature
Date
Customer 1 Date Signed
I hereby attest the above information is accurate.
Email:
Customer 1 Email
Customer Information
Packet Page 246 of 798Attachment 4 Page 9 of 11
PLEASE COMPLETE AND SIGN FORM
01/05/2021 SE Tax Notification
PNC Equipment Finance,LLC a Delaware limited liability company (“PNC”),is required to collect and remit sales/use tax in the taxing jurisdiction where your equipment will be located.If you select that you are exempt by marking one of the checkboxes below,you must provide a valid exemption certificate.If you do not provide this certificate prior to the booking of your transaction, you will be responsible for sales tax on all accrued payments. If tax has been remitted up front and financed into your lease payment,your account will not be marked sales tax exempt if you provide an exemption certificate after your transaction has been booked. If your tax is remitted on a monthly basis,your lease may be marked sales tax exempt for the remaining payments left to be invoiced if you provide a valid exemption certificate after your transaction has been booked. In the event we do not receive a valid sales tax exemption certificate prior to the date your lease commences,you will be charged sales/use tax.
Personal property tax returns will be filed as required by local law.In the event that any tax abatements or special exemptions are available on the equipment you will be leasing from us,please notify us as soon as possible and forward the related documentation to us. This will ensure that your leased equipment will be reported correctly.
Please indicate below if your lease is subject to tax or whether a valid exemption exists.
Sales Tax
¨ I agree that my lease is subject to sales/use tax.
¨ I am exempt from sales/use tax and I have attached a completed exemption certificate to PNC. ¨I am claiming a partial exemption from tax.I have attached a completed exemption certificate or other documented proof of this partial exemption.
¨I agree that my business is subject to sales/use tax and I have attached a completed resale certificate.This certificate indicates that I will be responsible for collection and remittance of sales/use tax based on the subsequent re-rental of the property.
If applicable to the tax rates in your state, are you outside the city limits or in an unincorporated area? ¨ Inside city limits ¨ Outside city limits ¨ Unincorporated area Property Tax
¨ I have a valid abatement or property tax exemption (documentation attached). ¨ Location:State
Taxing District
Additional comments:
_____________ ______
Lease Number 10339133-3
Lessee: CITY OF FAIRFIELD
Signature:
X Customer 1 Signature
Print Name:
Customer 1 Full Name
Title:
Customer 1 Title
Date:
Customer 1 Date Signed
Notification of Tax Treatment
Packet Page 247 of 798Attachment 4 Page 10 of 11
1 of 1
SE Return Rider (SME-Muni)
V20210825
Return Rider (Cars and Turf)
This Rider is executed and delivered by the undersigned Lessor and the undersigned Lessee regarding the Customer No 10339133 (“Agreement”).
Pursuant to the Agreement,Lessee may return all,but not less than all,of the Equipment at the expiration of the lease term with respect thereto,at Lessee’s expense to such location as Lessor may designate,in the condition required pursuant to the Agreement and any applicable Rider.If,in the opinion of Lessor,any item of the Equipment fails to meet the standards set forth in the Agreement,any applicable Rider,Lessee agrees to pay on demand all costs and expenses incurred in connection with repairing the Equipment and restoring it to such condition, including its assembly and delivery.
Until Lessee has fully complied with the notice and purchase requirements set forth herein,Lessee’s Rent payment obligation and all other obligations under the Agreement shall continue from month to month notwithstanding the expiration or termination of the term of the Agreement. Lessor may terminate Lessee’s right to use the Equipment upon ten days’ notice to Lessee.
In addition to the requirements of the Agreement relating to the condition of the Equipment upon return thereof by the Lessee to Lessor, the following return conditions shall apply to the Equipment:
(a)all safety equipment must be in place and meet applicable federal,state and other governmental standards;(b)all covers and guards must be in place with no sheet metal,plastic or cowling damage;(c)all parts,pieces,components and optional equipment must be present,installed and operational;(d)all accessories shall be returned in proper order;(e)all electronic controls shall operate per manufacturer’s specifications and controls which bypass normal operations shall be repaired at Lessee’s expense;(f)all electrical systems shall be able to provide electrical output as specified by the manufacturer;(g)all Equipment must have a relatively clean appearance;(h)all Equipment shall be free from excessive wear necessitating major component repair or replacement caused by lack of recommended maintenance as detailed in customer operation/maintenance manuals;(i)all Equipment shall be free from structural damage or bent frames;(j)any usage or metering devices must not have been altered in any way;and (k)all Equipment attachments,if any,must be in good operating condition;:(l)all motors shall operate smoothly without overheating and shall have good bearings and bushings;(m)all batteries shall be in good,safe operating condition with no dead cells or cracked cases and all batteries shall hold a charge and provide adequate power to operate the Equipment;(n)all Equipment shall have serviceable tires, with 50%remaining tread,retaining proper air pressure,and without repair patches;(o)all oil and grease seals must contain lubrication in the manufacturers designed reservoir;and (p)all hydraulic cylinders must not be bent,nicked, gouged or leaking.In addition,each item of Equipment regardless of type must be able to complete the following tests:(q) have all functions and controls work in normal manner;and (r)perform its designed functions in a satisfactory manner.In addition,if this Agreement involves the leasing of Turf Equipment,such Equipment must be able to complete the following tests:(s)operate normally in forward and reverse directions through all its speed ranges or gears;(t)steer normally right and left in both forward and reverse;(u)be able to stop with its service brakes in a safe distance in both forward and reverse;(v)operate without leaking any fluids;and (w)all cutting units (if applicable)must be able to lower,turn on,run, raise and shut off as they are designed to do.
In addition,for leases involving Turf Equipment the hours of use of an item of Equipment shall be determined by the hour meter attached to said item of Equipment with usage as is limited to 600 hours per year with a $10.00 per hour on each item of Equipment for each hour of excess use.
If any item of Equipment is damaged or does not meet the standards set forth above for the return condition of such Equipment or if the Lessee fails to discharge Lessee’s obligations set forth above with regard to any item of Equipment,Lessee shall pay to Lessor, immediately upon demand, the Net Book Value of such item of Equipment.
CITY OF FAIRFIELD
(“Lessee”)
X
Authorized Signature
_______________________________________
Print Name
_______________________________________
Title:
Date
1000 WEBSTER STREET
FAIRFIELD, CA 94533
PNC Equipment Finance, LLC
(“Lessor”)
X
Authorized Signature
_______________________________________
Print Name
_______________________________________
Title:
655 Business Center Drive
Horsham, PA 19044
Packet Page 248 of 798Attachment 4 Page 11 of 11
10/15 SE Welcome Letter
March 16, 2022
CITY OF FAIRFIELD
Course Name: Paradise Valley Golf Course
1000 WEBSTER STREET
FAIRFIELD, CA 94533
RE: Lease Number 10339133-4
To Whom It May Concern:
Thank you for choosing PNC Equipment Finance, LLC as your financing source. Enclosed you will find the following documentation:
Lease Agreement: Please sign, print name, title and date. Schedule A (if applicable): Please initial at the bottom of the page. Insurance:Please note the page detailing instructions regarding the certificate of insurance required under the terms of the lease.
Simply forward a copy of the signed page to your insurance carrier,so that they may issue the appropriate certificate on a timely basis.
Certificate of Acceptance: Please date, sign and insert title. Resolution and Certificate of Incumbency:Please have all authorized signers (including the individual who signed the documents)sign in the middle section along with the Corporate Secretary or Assistant Secretary,who should complete the bottom section of the document.This person must complete the top and bottom sections of the document.If you have a corporate resolution available,please include that in the return of your documents.If this document does not apply to your business structure, please send a copy of your Operating Agreement, Partnership Agreement or Incorporating documents. Customer Information Form: Please complete and return. Notification of Tax Treatment: Please complete and return.
We appreciate this opportunity to serve you and look forward to working with you in the future.Should you have any questions before sending the documents, please feel free to contact me at [email protected].
Sincerely,
Gillian Wixted
Sales Specialist
C03
Packet Page 249 of 798Attachment 5 Page 1 of 10
Muni Short Form Lease Pkg FMV (Taxable $500k under)
V20211109
E04
Lease Agreement
Dated as of March 16, 2022
Lease Number: 10339133-4
Lessor: PNC Equipment Finance, LLC
655 Business Center Drive
Horsham, Pennsylvania 19044
Lessee:LESSEE FULL LEGAL NAME FEDERAL TAX ID
CITY OF FAIRFIELD 946000331
1000 WEBSTER STREET
FAIRFIELD, CA 94533
Equipment Description:
Quantity Description Serial No.
2 (2) 2023 E-Z-GO RXV Elite
Lease Term is for 48 months, with Rent payments due monthly plus applicable tax; each in the amount of $184.16 beginning _____________________.
Lessee shall pay Rent payments exclusively from legally available funds in U.S.currency to Lessor in the amounts and on the dates set forth herein, without notice or demand.
TERMS AND CONDITIONS
1.LEASE.Subject to the terms of this Lease,Lessee agrees to lease from Lessor the equipment (the “Equipment”)described above when Lessor accepts this Lease. Lessee agrees to be bound by all the terms of this Lease.
2.DELIVERY AND ACCEPTANCE OF EQUIPMENT.Acceptance of the Equipment occurs upon delivery.When Lessee receives the Equipment,Lessee agrees to inspect it and to verify by telephone or in writing such information as Lessor may require.Delivery and installation costs are Lessee’s responsibility.If Lessee signed a purchase contract for the Equipment,by signing this Lease Lessee assigns its rights, but none of its obligations under the purchase contract, to Lessor.
3.RENT.Lessee agrees to pay Lessor Rent (plus applicable taxes)in the amount and frequency stated above.If Lessee’s Rent payments are due in Advance,Lessee’s first Rent payment is due on the date Lessee accepts the Equipment under the Lease.Lessor will advise Lessee as to (a)the due date of each Rent payment,and (b)the address to which Lessee must send payments.Rent is due whether or not Lessee receives an invoice from Lessor.Lessee will pay Lessor any required advance rent when Lessee signs this Lease.Lessee authorizes Lessor to change the Rent by not more than 15%due to changes in the Equipment configuration,which may occur prior to Lessor’s acceptance of this Lease.Restrictive endorsements on checks Lessee sends to Lessor will not reduce Lessee’s obligations to Lessor.
NON-APPROPRIATION OF FUNDS.Lessee intends to remit all Rent and other payments to Lessor for the full Lease Term if funds are legally available.In the event Lessee is not granted an appropriation of funds at any time during the Lease Term for the Equipment subject to this Lease and operating funds are not otherwise available to Lessee to pay the Rent and other payments due and to become due under this Lease,and there is no other legal procedure or available funds by or with which payment can be made to Lessor,and the non- appropriation did not result from an act or omission by Lessee,Lessee shall have the right to return the Equipment as provided herein and terminate this Lease on the last day of the fiscal period for which appropriations were received without penalty or expense to Lessee,except as the portion of Rent for which funds shall have been appropriated and budgeted.At least 30 days prior to the end of Lessee’s fiscal year, Lessee’s chief executive officer (or legal counsel)shall certify in writing that (a)funds have not been appropriated for the upcoming fiscal period,(b)such non-appropriation did not result from any act or failure to act by Lessee,and (c)Lessee has exhausted all funds legally available for the payment of Rent.
4.UNCONDITIONAL OBLIGATION.LESSEE AGREES THAT IT IS UNCONDITIONALLY OBLIGATED TO PAY ALL RENT AND ANY
OTHER AMOUNTS DUE UNDER THIS LEASE IN ALL FISCAL YEARS IN WHICH FUNDS HAVE BEEN APPROPRIATED NO MATTER
WHAT HAPPENS,EVEN IF THE EQUIPMENT IS DAMAGED OR DESTROYED,IF IT IS DEFECTIVE OR IF LESSEE HAS TEMPORARY OR PERMANENT LOSS OF ITS USE.LESSEE IS NOT ENTITLED TO ANY REDUCTION OR SET-OFF AGAINST RENT OR OTHER AMOUNTS DUE UNDER THIS LEASE FOR ANY REASON WHATSOEVER.
5.DISCLAIMER OF WARRANTIES.THE EQUIPMENT IS BEING LEASED TO LESSEE IN “AS IS”CONDITION.LESSEE AGREES
THAT LESSOR HAS NOT MANUFACTURED THE EQUIPMENT AND THAT LESSEE HAS SELECTED THE EQUIPMENT BASED UPON LESSEE’S OWN JUDGMENT.LESSEE HAS NOT RELIED ON ANY STATEMENTS LESSOR OR ITS EMPLOYEES HAVE MADE.LESSOR HAS NOT MADE AND DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER,INCLUDING WITHOUT LIMITATION,THE EQUIPMENT’S MERCHANTABILITY,FITNESS FOR A PARTICULAR
PURPOSE,SUITABILITY,DESIGN,CONDITION,DURABILITY,OPERATION,QUALITY OF MATERIALS OR WORKMANSHIP,OR COMPLIANCE WITH SPECIFICATIONS OR APPLICABLE LAW.Lessee is aware of the name of the Equipment manufacturer.If the manufacturer has provided Lessor with a warranty,Lessor assigns its rights to such warranty to Lessee and Lessee may enforce all warranty rights directly against the manufacturer of the Equipment.Lessee agrees to settle any dispute regarding performance of the Equipment directly with the manufacturer of the Equipment.
Packet Page 250 of 798Attachment 5 Page 2 of 10
Muni Short Form Lease Pkg FMV (Taxable $500k under)
V20211109
6.TITLE AND SECURITY INTEREST.Unless otherwise required by the laws of the state where Lessee is located,Lessor shall have title to the Equipment during the Lease Term.
7.USE,MAINTENANCE AND REPAIR.Lessee will not move the Equipment from the Equipment Location without Lessor’s advance written consent.Lessee will give Lessor reasonable access to the Equipment Location so that Lessor can check the Equipment’s existence, condition and proper maintenance.Lessee will use the Equipment in the manner for which it was intended,as required by all applicable manuals and instructions,and keep it eligible for any manufacturer’s certification and/or standard full service maintenance contract.At Lessee’s own cost and expense,Lessee will keep the Equipment in good repair,condition and working order,ordinary wear and tear excepted.Lessee will not make any permanent alterations to the Equipment and will remove any alterations or markings from the Equipment before returning to Lessor.
8.TAXES.Unless a proper exemption certificate is provided,applicable sales and use taxes will be added to the Rent.Lessee agrees to pay Lessor,when invoiced,all taxes (including any sales,use and personal property taxes),fines,interest and penalties relating to this Lease and the Equipment (excluding taxes based on Lessor’s net income).Lessee agrees to file any required personal property tax returns and,if Lessor asks, Lessee will provide Lessor with proof of payment. Lessor does not have to contest any tax assessments.
9.INDEMNITY.Lessor is not responsible for any injuries,damages,penalties,claims or losses,including legal expenses,incurred by Lessee or any other person caused by the transportation,installation,manufacture,selection,purchase,lease,ownership,possession,modification, maintenance,condition,operation,use,return or disposition of the Equipment.To the extent permitted by law,Lessee agrees to reimburse Lessor for and defend Lessor against any claims for such losses,damages,penalties,claims,injuries,or expenses.This indemnity continues even after this Lease has expired, for acts or omissions that occurred during the Lease Term.
10.IDENTIFICATION.Lessee authorizes Lessor to insert or correct missing information on this Lease,including serial numbers and any other information describing the Equipment.
11.LOSS OR DAMAGE.Lessee is responsible for any loss of the Equipment from any cause at all,whether or not insured,from the time the Equipment is shipped to Lessee until it is returned to Lessor.If any item of Equipment is lost,stolen or damaged,Lessee will promptly notify Lessor of such event.Then,at Lessor’s option,Lessee will either (a)repair the Equipment so that it is in good condition and working order, eligible for any manufacturer’s certification,or (b)pay Lessor an amount equal to the Net Book Value (as defined herein)of the lost,stolen or damaged Equipment.If Lessee has satisfied their obligations herein,Lessor will forward to Lessee any insurance proceeds which Lessor receives for lost,damaged,or destroyed Equipment.If Lessee is in default,Lessor will apply any insurance proceeds Lessor receives to reduce Lessee’s obligations pursuant to this Lease.
12.INSURANCE.Lessee agrees to (a)keep the Equipment fully insured against loss,naming Lessor as loss payee,and (b)obtain a general public liability insurance policy covering both personal injury and property damage in amounts not less than Lessor may tell Lessee,naming Lessor as additional insured,until Lessee has met all their obligations under this Lease.Lessor is under no duty to tell Lessee if Lessee’s insurance coverage is adequate.The policies shall state that Lessor is to be notified of any proposed cancellation at least 30 days prior to the date set for cancellation.Upon Lessor’s request,Lessee agrees to provide Lessor with evidence of insurance acceptable to Lessor.If Lessee does not provide Lessor with evidence of proper insurance within ten days of Lessor’s request or Lessor receives notice of policy cancellation,Lessor may (but Lessor is not obligated to)obtain insurance on Lessor’s interest in the Equipment at Lessee’s expense.
Lessee will pay all insurance premiums and related charges.
13.DEFAULT.Lessee will be in default under this Lease if any of the following happens:(a)Lessor does not receive any Rent or other payment due under this Lease within ten days after its due date,(b)Lessee fails to perform or observe any other promise or obligation in this Lease and does not correct the default within ten days after Lessor sends Lessee written notice of default,(c)any representation, warranty or statement Lessee has made in this Lease shall prove to have been false or misleading in any material respect,(d)any insurance carrier cancels or threatens to cancel any insurance on the Equipment,(e)the Equipment or any part of it is abused,illegally used,misused,lost,destroyed,or damaged beyond repair,(f)a petition is filed by or against Lessee under any bankruptcy or insolvency laws, or (g) Lessee defaults on any other agreement between it and Lessor (or Lessor’s affiliates).
14.REMEDIES.Upon the occurrence of a default,Lessor may,in its sole discretion,do any or all of the following:(a)provide written notice to Lessee of default,(b)as liquidated damages for loss of a bargain and not as a penalty,declare due and payable,the present value of (i)any and all amounts which may be then due and payable by Lessee to Lessor under this Lease,plus (ii)all Rent payments remaining through the end of the then current fiscal year,discounted at the higher of 3%or the lowest rate allowed by law plus the Fair Market Value (as defined herein)of the Equipment (collectively,the “Net Book Value”)and (c)require Lessee to immediately return the Equipment to Lessor.
Lessor has the right to require Lessee to make the Equipment available to Lessor for repossession during reasonable business hours or Lessor may repossess the Equipment,so long as Lessor does not breach the peace in doing so,or Lessor may use legal process in compliance with applicable law pursuant to court order to have the Equipment repossessed.Lessee will not make any claims against Lessor or the Equipment for trespass,damage or any other reason.If Lessor takes possession of the Equipment Lessor may (a)sell or lease the Equipment at public or private sale or lease without notice,and/or (b)exercise such other rights as may be allowed by applicable law.Although Lessee agrees that Lessor has no obligation to sell the Equipment,if Lessor does sell the Equipment,Lessor will reduce the Net Book Value by the amounts Lessor receives.Lessee will immediately pay Lessor the remaining Net Book Value.Lessee agrees (a)to pay all of the costs Lessor incurs to enforce Lessor’s rights against Lessee,including attorney’s fees,and (b)that Lessor will retain all of Lessor’s rights against Lessee even if Lessor does not choose to enforce them at the time of Lessee’s default.
15.LESSEE’S OPTION AT END OF LEASE.Notwithstanding anything contained in the Lease to the contrary,so long as no default shall have occurred and be continuing,Lessee may,at Lessee's option,purchase the Equipment leased pursuant to this Lease on an "as is,where is" basis,without representation or warranty,express or implied,at the end of the Lease Term at a price equal to the Fair Market Value thereof, plus applicable taxes.Fair Market Value shall be the retail in-place value of the Equipment as determined solely by Lessor.This purchase option as applicable shall only be available if Lessee gives Lessor 90 days’prior written notice of Lessee's irrevocable intent to exercise such option and Lessor and Lessee shall have agreed to all terms and conditions of such purchase prior to the expiration date of the Lease Term.Until the Equipment is returned as required below,all terms of the Lease shall remain in full force and effect including the obligation to pay Rent calculated on a monthly basis.
16.RETURN OF EQUIPMENT.If (a)default occurs,(b)a non-appropriation of funds occurs as provided herein,or (c)Lessee does not exercise its purchase option at the end of the Lease Term,Lessee will immediately return the Equipment to any location(s)in the continental United States and aboard any carriers(s)Lessor may designate.The Equipment must be properly packed for shipment in accordance with the manufacturer’s recommendations or specifications,freight prepaid and insured,maintained in accordance with this Lease,and in “Average Saleable Condition.”“Average Saleable Condition”means that all of the Equipment is immediately available for use by a third party buyer,user or lessee,other than Lessee named in this Lease,without the need for any repair or refurbishment.Lessee will pay Packet Page 251 of 798Attachment 5 Page 3 of 10
Muni Short Form Lease Pkg FMV (Taxable $500k under)
V20211109
Lessor for any missing or defective parts or accessories.Lessee will continue to pay Rent calculated on a monthly basis until the Equipment is received and accepted by Lessor.
17.LESSEE’S REPRESENTATIONS AND WARRANTIES.Lessee hereby represents and warrants to Lessor that as of the date of this Lease, and throughout the Lease Term:(a)Lessee is the entity indicated in this Lease;(b)Lessee is a state or a fully constituted political subdivision or agency of the State in which Lessee is located;(c)Lessee is duly organized and existing under the constitution and laws of the state in which they are located;(d)Lessee is authorized to enter into and carry out Lessee’s obligations under this Lease,any documents relative to the acquisition of the Equipment and any other documents required to be delivered in connection with this Lease (collectively,the “Documents”);(e)the Documents have been duly authorized,executed and delivered by Lessee in accordance with all applicable laws,rules,ordinances,and regulations,the Documents are valid,legal,binding agreements,enforceable in accordance with their terms and the person(s)signing the Documents have the authority to do so,are acting with the full authorization of Lessee’s governing body,and hold the offices indicated below their signature,each of which are genuine;(f)the Equipment is essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of Lessee’s authority;(g)Lessee intends to use the Equipment for the entire Lease Term for such function and shall take all necessary action to include in Lessee’s annual budget any funds required to fulfill Lessee’s obligations for each fiscal year during the Lease Term;(h)Lessee has complied fully with all applicable law governing open meetings,public bidding and appropriations required in connection with this Lease and the acquisition of the Equipment;(i) Lessee’s obligations to remit Rent under this Lease constitutes a current expense and not a debt under applicable state law and no provision of this Lease constitutes a pledge of Lessee’s tax or general revenues,and any provision which is so constructed by a court of competent jurisdiction is void from the inception of this lease;and (j)all financial information Lessee has provided to Lessor is true and accurate and provides a good representation of Lessee’s financial condition.
18.LESSEE’S PROMISES.In addition to the other provisions of this Lease,Lessee agrees that during the term of this Lease (a)Lessee will promptly notify Lessor in writing if it moves its principal office or changes its name or legal structure,(b)Lessee will provide to Lessor such financial information as may reasonably request from time to time,and (c)Lessee will take any action Lessor reasonably requests to protect Lessor’s rights in the Equipment and to meet Lessee’s obligations under this Lease.
19.ASSIGNMENT.LESSEE WILL NOT SELL,TRANSFER,ASSIGN,PLEDGE,SUB-LEASE OR PART WITH POSSESSION OF THE EQUIPMENT OR FILE OR PERMIT A LIEN TO BE FILED AGAINST THE EQUIPMENT.Lessee will not attach any of the Equipment to any real estate.
20.ASSIGNMENT BY LESSOR.This Lease,and the rights of Lessor hereunder and in and to the Equipment,may be assigned and reassigned in whole or in part to one or more assignees by Lessor or its assigns at any time without the necessity of obtaining the consent of Lessee Upon an assignment,Lessee agrees to make all payments as designated in the assignment,notwithstanding any claim,defense, setoff or counterclaim whatsoever (whether arising from a breach of this Lease or otherwise)that Lessee may from time to time have against Lessor or Lessor's assigns.
21.COLLECTION EXPENSES,OVERDUE PAYMENT.Lessee agrees that Lessor can,but does not have to,take on Lessee’s behalf any action which Lessee fails to take as required by this Lease,and Lessor’s expenses will be in addition to that of the Rent which Lessee owes Lessor.If Lessor receives any payment from Lessee after the due date,Lessee shall pay Lessor on demand as a late charge 5%of such overdue amount, limited, however, to the maximum amount allowed by law.
22.MISCELLANEOUS.This Lease contains the entire agreement and supersedes any conflicting provision of any equipment purchase order or any other agreement.TIME IS OF THE ESSENCE IN THIS LEASE.If a court finds any provision of Lease to be unenforceable,the remaining terms of this Lease shall remain in effect.THIS LEASE IS A “FINANCE LEASE”AS DEFINED IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE.Lessee authorizes Lessor (or Lessor’s agent)to (a)obtain credit reports,(b)make such other credit inquires as Lessor may deem necessary,and (c)furnish payment history information to credit reporting agencies.To the extent permitted by law, Lessor may charge Lessee a fee of $250.00 to cover Lessor’s documentation and investigation costs.
23.NOTICES.All of Lessee’s written notices to Lessor must be sent by certified mail or recognized overnight delivery service,postage prepaid, to Lessor at Lessor’s address stated in this Lease,or by facsimile transmission to Lessor’s facsimile telephone number,with oral confirmation of receipt.All of Lessor’s notices to Lessee may be sent first class mail,postage prepaid,to Lessee’s address stated in this Lease.At any time after this Lease is signed,Lessee or Lessor may change an address or facsimile telephone number by giving notice to the other of the change.
24.ANTI-MONEY LAUNDERING/INTERNATIONAL TRADE COMPLIANCE.Lessee represents,warrants and covenants to Lessor,as of the date of this Lease,the date of each advance of proceeds under the Lease,the date of any renewal,extension or modification of this Lease, and at all times until this Lease has been terminated and all amounts thereunder have been indefeasibly paid in full,that:(a)no Covered Entity (i)is a Sanctioned Person;(ii)has any of its assets in a Sanctioned Jurisdiction or in the possession,custody or control of a Sanctioned Person;(iii)does business in or with,or derives any of its operating income from investments in or transactions with,any Sanctioned Jurisdiction or Sanctioned Person;(b)the proceeds of this Lease will not be used to fund any unlawful activity;(c)the funds used to repay the Lease are not derived from any unlawful activity;(d)each Covered Entity is in compliance with,and no Covered Entity engages in any dealings or transactions prohibited by,any laws of the United States,including but not limited to any Anti-Terrorism Laws; and (e)no Equipment is or will become Embargoed Property.Lessee covenants and agrees that (a)it shall immediately notify Lessor in writing upon the occurrence of a Reportable Compliance Event;and (b)if,at any time,any Equipment becomes Embargoed Property,in addition to all other rights and remedies available to Lessor,upon request by Lessor,Lessee shall provide substitute Equipment acceptable to Lessor that is not Embargoed Property.
As used herein:“Anti-Terrorism Laws”means any laws relating to terrorism,trade sanctions programs and embargoes,import/export licensing,money laundering,or bribery,all as amended,supplemented or replaced from time to time;“Compliance Authority”means each and all of the (a)U.S.Treasury Department/Office of Foreign Assets Control,(b)U.S.Treasury Department/Financial Crimes Enforcement Network,(c)U.S.State Department/Directorate of Defense Trade Controls,(d)U.S.Commerce Department/Bureau of Industry and Security,(e)U.S.Internal Revenue Service,(f)U.S.Justice Department,and (g)U.S.Securities and Exchange Commission;“Covered Entity”means Lessee,its affiliates and subsidiaries,all other obligors,all owners of the foregoing,and all brokers or other agents of Lessee acting in any capacity in connection with this Lease;“Embargoed Property”means any property (a)in which a Sanctioned Person holds an interest;(b)beneficially owned,directly or indirectly,by a Sanctioned Person;(c)that is due to or from a Sanctioned Person;(d)that is located in a Sanctioned Jurisdiction;or (e)that would otherwise cause any actual or possible violation by Lessor of any applicable Anti- Terrorism Law if Lessor were to obtain an encumbrance on,lien on,pledge of or security interest in such property or provide services in consideration of such property;“Reportable Compliance Event”means (1)any Covered Entity becomes a Sanctioned Person,or is indicted,arraigned,investigated or custodially detained,or receives an inquiry from regulatory or law enforcement officials,in connection Packet Page 252 of 798Attachment 5 Page 4 of 10
Muni Short Form Lease Pkg FMV (Taxable $500k under)
V20211109
with any Anti-Terrorism Law or any predicate crime to any Anti-Terrorism Law,or self-discovers facts or circumstances implicating any aspect of its operations with the actual or possible violation of any Anti-Terrorism Law;(2)any Covered Entity engages in a transaction that has caused or may cause Lessor to be in violation of any Anti-Terrorism Laws,including a Covered Entity’s use of any proceeds of the Lease to fund any operations in,finance any investments or activities in,or,make any payments to,directly or indirectly,a Sanctioned Jurisdiction or Sanctioned Person;or (3)any Equipment becomes Embargoed Property;“Sanctioned Jurisdiction”means a country subject to a sanctions program maintained by any Compliance Authority;and “Sanctioned Person”means any individual person,group, regime,entity or thing listed or otherwise recognized as a specially designated,prohibited,sanctioned or debarred person or entity,or subject to any limitations or prohibitions (including but not limited to the blocking of property or rejection of transactions),under any order or directive of any Compliance Authority or otherwise subject to,or specially designated under,any sanctions program maintained by any Compliance Authority.
25.USA PATRIOT ACT NOTICE.To help the government fight the funding of terrorism and money laundering activities,Federal law requires all financial institutions to obtain,verify and record information that identifies each lessee that opens an account.What this means:when the Lessee opens an account,Lessor will ask for the business name,business address,taxpayer identifying number and other information that will allow the Lessor to identify Lessee,such as organizational documents.For some businesses and organizations,Lessor may also need to ask for identifying information and documentation relating to certain individuals associated with the business or organization.
26.WAIVERS.LESSOR AND LESSEE EACH AGREE TO WAIVE,AND TO TAKE ALL REQUIRED STEPS TO WAIVE,ALL RIGHTS TO A JURY TRIAL.To the extent Lessee is permitted by applicable law,Lessee waives all rights and remedies conferred upon a lessee by Article 2A (Sections 508-522)of the Uniform Commercial Code.To the extent Lessee is permitted by applicable law,Lessee waives any rights they now or later may have under any statute or otherwise which requires Lessor to sell or otherwise use any Equipment to reduce Lessor’s damages,which requires Lessor to provide Lessee with notice of default,intent to accelerate amounts becoming due or acceleration of amounts becoming due,intent to sale the Equipment at a public or private sale,or which may otherwise limit or modify any of Lessor’s rights or remedies.Lessor will not be liable for specific performance of this Lease or for any losses,damages,delay or failure to deliver Equipment.
27.IMPORTANT INFORMATION ABOUT PHONE CALLS.By providing telephone number(s)to Lessor,now or at any later time,Lessee authorizes Lessor and its affiliates and designees to contact Lessee regarding Lessee account(s)with Lessor or its affiliates,whether such accounts are Lessee individual accounts or business accounts for which Lessee is a contact,at such numbers using any means,including but not limited to placing calls using an automated dialing system to cell,VoIP or other wireless phone number,or leaving prerecorded messages or sending text messages,even if charges may be incurred for the calls or text messages.Lessee consents that any phone call with Lessor may be monitored or recorded by Lessor.
IMPORTANT:READ BEFORE SIGNING.THE TERMS OF THIS LEASE SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE.TERMS OR ORAL PROMISES WHICH ARE NOT CONTAINED IN THIS WRITTEN AGREEMENT MAY NOT BE LEGALLY ENFORCED.THE TERMS OF THIS LEASE MAY ONLY BE CHANGED BY ANOTHER WRITTEN AGREEMENT BETWEEN LESSEE AND LESSOR.LESSEE AGREES TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS LEASE.LESSEE AGREES THAT THE EQUIPMENT WILL BE USED FOR BUSINESS PURPOSES ONLY AND NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES.
LESSEE CERTIFIES THAT ALL THE INFORMATION GIVEN IN THIS LEASE AND LESSEE’S APPLICATION WAS CORRECT AND COMPLETE WHEN THIS LEASE WAS SIGNED.THIS LEASE IS NOT BINDING UPON LESSOR OR EFFECTIVE UNLESS AND UNTIL LESSOR EXECUTES THIS LEASE. THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE OF THE LESSEE.
CITY OF FAIRFIELD
(“Lessee”)
X
Authorized Signature
_______________________________________
Print Name
_______________________________________
Title:
Date
1000 WEBSTER STREET
FAIRFIELD, CA 94533
PNC Equipment Finance, LLC
(“Lessor”)
X
Authorized Signature
_______________________________________
Print Name
_______________________________________
Title:
655 Business Center Drive
Horsham, PA 19044
PNC Equipment Finance, LLC
(“Lessor”)
X
Authorized Signature
_______________________________________
Print Name
_______________________________________
Title:
655 Business Center Drive
Horsham, PA 19044
Packet Page 253 of 798Attachment 5 Page 5 of 10
8/21 SE Insurance Letter (Lease)
March 16, 2022
CITY OF FAIRFIELD
Course Name: Paradise Valley Golf Course
1000 WEBSTER STREET
FAIRFIELD, CA 94533
Attn:
RE:Insurance Coverage Requirements for Equipment Financing Transaction between PNC Equipment Finance, LLC and CITY OF FAIRFIELD
Before funding your transaction,PNC Equipment Finance,LLC requires evidence of appropriate insurance coverage on the equipment described in your transaction documents.Please forward this request to your insurance company,agent or broker as soon as possible and ask for the evidence of insurance to be sent to the address below.
PNC Equipment Finance, LLC will have an insurable interest in the following equipment:
Quantity Description Serial No.
2 (2) 2023 E-Z-GO RXV Elite
As a condition to entering into the equipment financing transaction,PNC Equipment Finance,LLC requires the following at all times during the term of the transaction:
1.All of the equipment must be insured for its full insurable value on a 100% replacement cost basis.
2.PNC Equipment Finance,LLC must be named as lender loss payee under a property insurance policy insuring all risks to the equipment, including fire, theft, and other customary coverage under an "extended coverage" endorsement.
3.For leases only,PNC Equipment Finance,LLC must receive evidence that a comprehensive general liability insurance policy is in place with a minimum coverage of $1,000,000. PNC Equipment Finance, LLC must be named as an additional insured under the liability policy.
4.Each property insurance policy must contain a lender's loss payable clause,or special endorsement,in which the insurer agrees that any loss will be payable in accordance with the policy terms, notwithstanding any act or negligence of the insured.
5.Each policy must provide for 30 days’ written notice to PNCEF prior to any cancellation, non-renewal or amendment of the policy.
6.If vehicles, please include comprehensive and collision deductible on certificate.
The evidence of insurance can consist of a Certificate of Insurance form,Evidence of Insurance form,Memorandum of Insurance,binder for insurance, declarations page, or the actual policy and endorsements, in each case naming PNC Equipment Finance, LLC as follows:
PNC Equipment Finance, LLC, and its successors and assigns, as lender loss payee Attn: Insurance Department
655 Business Center Drive, Suite 250
Horsham, PA 19044
When completed, the evidence of insurance should be emailed to: [email protected] Request for Insurance
Insurance
Attachment
Packet Page 254 of 798Attachment 5 Page 6 of 10
E23
CERTIFICATE OF ACCEPTANCE
Lease Number 10339133-4
Quantity Description Serial No.
2 (2) 2023 E-Z-GO RXV Elite
Paradise Valley Golf Course
3950 Paradise Valley Drive
Fairfield, CA 94533
Lessee, through its authorized representative, hereby certifies to Lessor that:
1.The Equipment has been delivered to the location where it will be used, which is the Equipment Location given in the Lease Agreement (“Lease”);
2.All of the Equipment has been inspected and is (a) complete, (b) properly installed, (c) functioning, and (d) in good working order;
3.Lessee accepts the Equipment for all purposes under the Lease as of _________________, 20__ (the “Acceptance Date”), which is the date on which the Equipment was delivered and installed;
4.The Equipment is of a size, design, capacity and manufacture acceptable to Lessee and suitable for Lessee’s purposes; and
5.Lessee is not in default under the Lease, no Non-Appropriation of Funds (as described in the Lease) has occurred, and all of Lessee’s statements and promises set forth in the Lease are true and correct.
Lessor is hereby authorized to insert serial numbers on the Lease.
THIS CERTIFICATE OF ACCEPTANCE IS SIGNED THIS ____ DAY OF _______________________, 20__.
CITY OF FAIRFIELD
(“Lessee”)
X
Authorized Signature
_______________________________________
Print Name
_______________________________________
Title:
Date
1000 WEBSTER STREET
FAIRFIELD, CA 94533
Packet Page 255 of 798Attachment 5 Page 7 of 10
E24
7/19 SE Muni Resolution and Cert of Incumbency
RESOLUTION AND CERTIFICATE OF INCUMBENCY
Lease Number 10339133-4
Lessee: CITY OF FAIRFIELD
WHEREAS,Lessee,a body politic and corporate duly organized and existing as a political subdivision,municipal corporation or similar public entity of the State or Commonwealth (“State”)is authorized by the laws of the State to purchase,acquire and lease certain equipment and other property for the benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto; and WHEREAS,pursuant to applicable law,the governing body of the Lessee (“Governing Body”)is authorized to acquire,dispose of and encumber real and personal property, including, without limitation, rights and interest in property, leases and easements necessary to the functions or operations of the Lessee.
WHEREAS,the Governing Body hereby finds and determines that the execution of one or more Lease Agreements or lease schedules (“Leases”)in the amount not exceeding the amount stated above for the purpose of acquiring the property (“Equipment”)to be described in the Leases is appropriate and necessary to the functions and operations of the Lessee.
WHEREAS, PNC Equipment Finance, LLC (“Lessor”) shall act as Lessor under said Leases.
NOW, THEREFORE, Be It Ordained by the Governing Body of the Lessee:
Section 1.Either one of the _______________________OR _______________________(each an “Authorized Representative”)acting on behalf of the Lessee, is hereby authorized to negotiate,enter into,execute,and deliver one or more Leases in substantially the form set forth in the document presently before the Governing Body,which document is available for public inspection at the office of the Lessee.Each Authorized Representative acting on behalf of the Lessee is hereby authorized to negotiate,enter into,execute,and deliver such other documents relating to the Lease as the Authorized Representative deems necessary and appropriate. All other related contracts and agreements necessary and incidental to the Leases are hereby authorized.
Section 2.By a written instrument signed by any Authorized Representative,said Authorized Representative may designate specifically identified officers or employees of the Lessee to execute and deliver agreements and documents relating to the Leases on behalf of the Lessee.
Section 3.The Lessee’s obligations under the Leases shall be subject to annual appropriation or renewal by the Governing Body as set forth in each Lease and the Lessee’s obligations under the Leases shall not constitute general obligations of the Lessee or indebtedness under the Constitution or laws of the State.
Section 4. This resolution shall take effect immediately upon its adoption and approval.
NAMES AND TITLES OF AUTHORIZED REPRESENTATIVES: AUTHORIZED LEASE SIGNORS ONLY _______________________________
Name
________________________________
Title
_______________________________
Name
________________________________
Title
ADOPTED AND APPROVED on this ________________, 20__.
Section 5.I,the undersigned Secretary/Clerk identified below,does hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of the above Lessee,a political subdivision duly organized and existing under the laws of the State where Lessee is located,that I have the title stated below,and that,as of the date hereof, the individuals named above are the duly elected or appointed officers of the Lessee holding the offices set forth opposite their respective names.
The undersigned Secretary/Clerk of the above-named Lessee hereby certifies and attests that the undersigned has access to the official records of the Governing Body of the Lessee,that the foregoing resolutions were duly adopted by said Governing Body of the Lessee at a meeting of said Governing Body and that such resolutions have not been amended or altered and are in full force and effect on the date stated below.
LESSEE: CITY OF FAIRFIELD
________________________________________________________ Signature of Secretary/Clerk of Lessee
Print Name:_______________________________________________ Official Title:______________________________________________ Date:________________________________________________
Packet Page 256 of 798Attachment 5 Page 8 of 10
PNC Equipment Finance, LLC
655 Business Center Drive, Suite 250 · Horsham, PA 19044 Questions? Call (800) 559-2755
1/08/2021 SE Customer Information Form
Lease # 10339133-4
Please provide the following information. By providing such information, you will enable us to ensure prompt payment of your vendor and the correct processing of your lease transaction.
Thank you.
Lessee Information
Full Business Legal Name: CITY OF FAIRFIELD Federal Tax ID Number: 946000331 Invoices should be directed to:Attention:
Address City:State:Zip:
Preferred Method of Payment: (Please check)
Monthly Invoice (Mail)
Invoices should be directed to:
Customer 1 Text
Attention:
Customer 1 Text
Address
Customer 1 Text
City:
Customer 1 Text
Monthly Invoice (Email)
Email:
Customer 1 Text
Billing Contact: Customer 1 Text
Contact Information
In order to verify receipt of equipment and review terms and conditions of the lease,please provide contact information for one or more staff that can assist in this process.
Contact 1:
Contact 1 info 1
Phone:
Contact 1 info 2
Email:
Contact 1 info 3
Contact 2:
Contact 2 info 1
Phone:
Contact 2 info 2
Email:
Contact 2 info 3
Signature
X Customer 1 Signature
Date
Customer 1 Date Signed
I hereby attest the above information is accurate.
Email:
Customer 1 Email
Customer Information
Packet Page 257 of 798Attachment 5 Page 9 of 10
PLEASE COMPLETE AND SIGN FORM
01/05/2021 SE Tax Notification
PNC Equipment Finance,LLC a Delaware limited liability company (“PNC”),is required to collect and remit sales/use tax in the taxing jurisdiction where your equipment will be located.If you select that you are exempt by marking one of the checkboxes below,you must provide a valid exemption certificate.If you do not provide this certificate prior to the booking of your transaction, you will be responsible for sales tax on all accrued payments. If tax has been remitted up front and financed into your lease payment,your account will not be marked sales tax exempt if you provide an exemption certificate after your transaction has been booked. If your tax is remitted on a monthly basis,your lease may be marked sales tax exempt for the remaining payments left to be invoiced if you provide a valid exemption certificate after your transaction has been booked. In the event we do not receive a valid sales tax exemption certificate prior to the date your lease commences,you will be charged sales/use tax.
Personal property tax returns will be filed as required by local law.In the event that any tax abatements or special exemptions are available on the equipment you will be leasing from us,please notify us as soon as possible and forward the related documentation to us. This will ensure that your leased equipment will be reported correctly.
Please indicate below if your lease is subject to tax or whether a valid exemption exists.
Sales Tax
¨ I agree that my lease is subject to sales/use tax.
¨ I am exempt from sales/use tax and I have attached a completed exemption certificate to PNC. ¨I am claiming a partial exemption from tax.I have attached a completed exemption certificate or other documented proof of this partial exemption.
¨I agree that my business is subject to sales/use tax and I have attached a completed resale certificate.This certificate indicates that I will be responsible for collection and remittance of sales/use tax based on the subsequent re-rental of the property.
If applicable to the tax rates in your state, are you outside the city limits or in an unincorporated area? ¨ Inside city limits ¨ Outside city limits ¨ Unincorporated area Property Tax
¨ I have a valid abatement or property tax exemption (documentation attached). ¨ Location:State
Taxing District
Additional comments:
_____________ ______
Lease Number 10339133-4
Lessee: CITY OF FAIRFIELD
Signature:
X Customer 1 Signature
Print Name:
Customer 1 Full Name
Title:
Customer 1 Title
Date:
Customer 1 Date Signed
Notification of Tax Treatment
Packet Page 258 of 798Attachment 5 Page 10 of 10
Agenda Item No: 17.
AGENDA REPORT
DATE:June 21, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022133 of the City Council of the City of Fairfield Approving the Second Amendment to the Services Contract for a Cyber Security Program Assessment from Presidio Networked Solutions Group LLC
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The Information Technology (IT) Department engaged Presidio Networked Solutions Group LLC (Presidio) to develop a Cyber Resilience Plan (CRP) for the City of Fairfield. The IT Department proposes additional scope to include a Criminal Justice Information Services (CJIS) cyber security compliance assessment and baseline controls assessment to identify control gaps and deficiencies.
DISCUSSION
The IT Department engaged Presidio to develop a CRP for the City of Fairfield (City) on January 31, 2022. The original agreement was to create a CRP with a fiveyear cybersecurity roadmap and strategy for the City. The City entered into a First Amendment with Presidio on May 16, 2022, to review the Waterman Water Treatment security report and include recent changes in cyber security regulations from the American Water Infrastructure ACT (AWIA) findings report. Presidio also incorporated Presidential Directive Memorandum M2209, “Moving the US Government towards Zero Trust Cybersecurity Principles,” items into our Security Program Assessment and identified gaps in the City's zerotrust implementations. The City continues to work with Presidio on these programs and has been pleased with Presidio's responsiveness and deliverables.
The IT Department proposes entering into a Second Amendment with Presidio for additional scope of work to include a Criminal Justice Information Services (CJIS) Cyber Security Compliance Assessment and Cyber Resilience Plan (CRP) to identify control gaps and deficiencies.
The CRP has four goals.
1. Develop a comprehensive needs assessment that discusses cyber resilience objectives and requirements compared to industry standards.
2. Provide an implementation plan with a holistic roadmap that addresses cyber security concerns, Packet Page 259 of 798
Agenda Item No: 17.AGENDA REPORTDATE:June 21, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022133 of the City Council of the City of Fairfield Approving the SecondAmendment to the Services Contract for a Cyber Security Program Assessment fromPresidio Networked Solutions Group LLCRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Information Technology (IT) Department engaged Presidio Networked Solutions Group LLC(Presidio) to develop a Cyber Resilience Plan (CRP) for the City of Fairfield. The IT Departmentproposes additional scope to include a Criminal Justice Information Services (CJIS) cyber securitycompliance assessment and baseline controls assessment to identify control gaps and deficiencies.DISCUSSIONThe IT Department engaged Presidio to develop a CRP for the City of Fairfield (City) on January 31,2022. The original agreement was to create a CRP with a fiveyear cybersecurity roadmap and strategyfor the City. The City entered into a First Amendment with Presidio on May 16, 2022, to review theWaterman Water Treatment security report and include recent changes in cyber security regulationsfrom the American Water Infrastructure ACT (AWIA) findings report. Presidio also incorporatedPresidential Directive Memorandum M2209, “Moving the US Government towards Zero TrustCybersecurity Principles,” items into our Security Program Assessment and identified gaps in the City'szerotrust implementations. The City continues to work with Presidio on these programs and has beenpleased with Presidio's responsiveness and deliverables.The IT Department proposes entering into a Second Amendment with Presidio for additional scope ofwork to include a Criminal Justice Information Services (CJIS) Cyber Security Compliance Assessmentand Cyber Resilience Plan (CRP) to identify control gaps and deficiencies.The CRP has four goals.
1. Develop a comprehensive needs assessment that discusses cyber resilience objectives and requirements compared to industry standards.
2. Provide an implementation plan with a holistic roadmap that addresses cyber security concerns, staff training, and provides a strategy with actions and concerns. The CRP will align with the City’s vision of reducing cyberrisk exposure, maturing cybersecurity capabilities, technologies, and systems, and efficient regulatory compliance.
3. Assess current gaps and evaluate the City’s current cyber resilience posture, capabilities, and technology environment, including services provided, cybersecurity and application portfolio, infrastructure tools, organizational readiness, funding, and service methodology.
4. Create an implementation plan that addresses the most critical cyber resilience needs over the next five years and serves as a crucial tool to measure the City's performance against industry standards.
The CRP will be a living document that will be updated every three years and allow annual reporting to be provided in closed sessions. The contract contains information and security records that would reveal vulnerabilities to, or otherwise increase the potential for an attack on, an information technology system of the City of Fairfield (Government Code 6254.19).
FINANCIAL IMPACT
The total amount requested for the second Amendment scope of work is $79,564, which includes a contingency of $6,000 for potential additional CJIS requirements. The initial Consultant Agreement value was $56,820 for the security program assessment. The First Amendment to the Agreement was $13,280 to incorporate AWIA and Presidential Directive M2209. The total overall Agreement value with Presidio, including the 2nd Amendment, would be $149,664. Sufficient funds were budgeted in the IT Computer Cybersecurity Fund for this expenditure (Fund 522, Division and Responsibility Code 99510).
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If City Council chooses not to approve the proposed Second Amendment with Presidio, it would require the IT Department to divert staff resources to identify security governance gaps and security hardening opportunities to align with the City’s overall Digital Strategic Plan, Cybersecurity roadmap, and risk management framework. The use of staff resources for this project may negatively impact IT’s ability to address other current and ongoing projects. All enterprises require security assessments. Hiring a consultant with expertise in this area and knowledge of our current Digital Strategic Plan and risk management framework is the most efficient use of City resources.
STAFF CONTACT
Savita Chaudhary, Director of IT
(707) 4287582
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:
Description
Proposed Resolution
Proposed Second Amendment
REVIEWERS:
Packet Page 260 of 798
Agenda Item No: 17.AGENDA REPORTDATE:June 21, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022133 of the City Council of the City of Fairfield Approving the SecondAmendment to the Services Contract for a Cyber Security Program Assessment fromPresidio Networked Solutions Group LLCRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Information Technology (IT) Department engaged Presidio Networked Solutions Group LLC(Presidio) to develop a Cyber Resilience Plan (CRP) for the City of Fairfield. The IT Departmentproposes additional scope to include a Criminal Justice Information Services (CJIS) cyber securitycompliance assessment and baseline controls assessment to identify control gaps and deficiencies.DISCUSSIONThe IT Department engaged Presidio to develop a CRP for the City of Fairfield (City) on January 31,2022. The original agreement was to create a CRP with a fiveyear cybersecurity roadmap and strategyfor the City. The City entered into a First Amendment with Presidio on May 16, 2022, to review theWaterman Water Treatment security report and include recent changes in cyber security regulationsfrom the American Water Infrastructure ACT (AWIA) findings report. Presidio also incorporatedPresidential Directive Memorandum M2209, “Moving the US Government towards Zero TrustCybersecurity Principles,” items into our Security Program Assessment and identified gaps in the City'szerotrust implementations. The City continues to work with Presidio on these programs and has beenpleased with Presidio's responsiveness and deliverables.The IT Department proposes entering into a Second Amendment with Presidio for additional scope ofwork to include a Criminal Justice Information Services (CJIS) Cyber Security Compliance Assessmentand Cyber Resilience Plan (CRP) to identify control gaps and deficiencies.The CRP has four goals.1. Develop a comprehensive needs assessment that discusses cyber resilience objectives andrequirements compared to industry standards.2. Provide an implementation plan with a holistic roadmap that addresses cyber security concerns,staff training, and provides a strategy with actions and concerns. The CRP will align with the City’svision of reducing cyberrisk exposure, maturing cybersecurity capabilities, technologies, andsystems, and efficient regulatory compliance.3. Assess current gaps and evaluate the City’s current cyber resilience posture, capabilities, andtechnology environment, including services provided, cybersecurity and application portfolio,infrastructure tools, organizational readiness, funding, and service methodology.4. Create an implementation plan that addresses the most critical cyber resilience needs over thenext five years and serves as a crucial tool to measure the City's performance against industrystandards.The CRP will be a living document that will be updated every three years and allow annual reporting tobe provided in closed sessions. The contract contains information and security records that wouldreveal vulnerabilities to, or otherwise increase the potential for an attack on, an information technologysystem of the City of Fairfield (Government Code 6254.19).FINANCIAL IMPACTThe total amount requested for the second Amendment scope of work is $79,564, which includes acontingency of $6,000 for potential additional CJIS requirements. The initial Consultant Agreementvalue was $56,820 for the security program assessment. The First Amendment to the Agreement was$13,280 to incorporate AWIA and Presidential Directive M2209. The total overall Agreement valuewith Presidio, including the 2nd Amendment, would be $149,664. Sufficient funds were budgeted in theIT Computer Cybersecurity Fund for this expenditure (Fund 522, Division and Responsibility Code99510).PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONIf City Council chooses not to approve the proposed Second Amendment with Presidio, it would requirethe IT Department to divert staff resources to identify security governance gaps and security hardeningopportunities to align with the City’s overall Digital Strategic Plan, Cybersecurity roadmap, and riskmanagement framework. The use of staff resources for this project may negatively impact IT’s ability toaddress other current and ongoing projects. All enterprises require security assessments. Hiring aconsultant with expertise in this area and knowledge of our current Digital Strategic Plan and riskmanagement framework is the most efficient use of City resources.STAFF CONTACTSavita Chaudhary, Director of IT(707) 428[email protected] WITHN/AATTACHMENTS:DescriptionProposed ResolutionProposed Second Amendment REVIEWERS:
Reviewer Action Date
Fleischman, Eudora Approved 6/6/2022 8:13 PM
Chaudhary, Savita Approved 6/6/2022 8:31 PM
Beavers, Esther Approved 6/7/2022 11:01 AM
Beavers, Esther Approved 6/7/2022 11:02 AM
Packet Page 261 of 798
CITY OF FAIRFIELD
RESOLUTION NO. 2022-133
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE SECOND
AMENDMENT TO THE SERVICES CONTRACT FOR A CYBER SECURITY PROGRAM ASSESSMENT
FROM PRESIDIO NETWORKED SOLUTIONS GROUP LLC
WHEREAS, the City of Fairfield engaged Presidio Networked Solutions Group LLC for a Cyber Security Program Assessment for the City of Fairfield; and
WHEREAS, the original contract dated January 31, 2022, was to develop a Cyber Resilience Plan (CRP) with a 5-year cybersecurity roadmap and strategy for the City of Fairfield ; and
WHEREAS, the first amendment dated May 16, 2022, was to include additional scope to incorporate Presidential directive Memorandum M-22-09 “Moving the US Government towards Zero Trust Cybersecurity Principles” for the City of Fairfield; and
WHEREAS, the contract contains an information security record that would reveal vulnerabilities to, or otherwise increase the potential for an attack on, an information technology system of the City of Fairfield (Government Code 6254.19); and
WHEREAS, the City’s Information Technology Department proposes to enter into a second amendment to the services contract with Presidio Networked Solutions Group LLC for an additional scope to include a Criminal Justice Information Services (CJIS) Cyber Security Compliance Assessment and baseline controls assessment to identify control gaps and deficiencies.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The City Council hereby approves the second amendment to the services contract with Presidio Networked Solutions Group LLC for a Cyber Security Program Assessment in the amount of $73,564 for a total not to exceed $149,664. from the Computer Cybersecurity Fund (522-99-510).
Section 2. The council hereby authorizes the Interim city manager or designee to take all steps necessary or useful to implement this resolution .
Packet Page 262 of 798Attachment 1 Page 1 of 2
RES. NO. 2022-133
PASSED AND ADOPTED this 21st day of June, 2022, by the following vote:
AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
MAYOR
ATTEST:
____________________________
CITY CLERK
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Packet Page 266 of 798Attachment 2 Page 3 of 3
Agenda Item No: 18.
AGENDA REPORT
DATE:June 21, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022134 of the City Council of the City of Fairfield Authorizing the City Manager to Execute and Approve the Purchase of Ten Unmanned Aerial Vehicles and Associated Equipment
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
City Ordinance 202206 of the City of Fairfield’s Municipal Code requires City Council approval for all purchases related to military equipment. The Police Department requests approval to purchase ten DJI Mavic 2 Enterprise Advanced Unmanned Aerial Vehicles (UAV) with infrared resolution: 640 x 512 (Radiometric) Thermal cameras.
DISCUSSION
The Fairfield Police Department initially purchased seven DJI Mavic Enterprise UAVs when the Technical Support Team (TST) implemented the UAV program in 2019. While the technology was superior, UAV technology and compact thermal camera capabilities have significantly improved since 2019. The original seven UAVs purchased utilized a 160 x 120 thermal camera. This technology was state of the art for its time, but it is limited in capabilities. This technology has assisted with indoor searches and outdoor searches. While it has been very successful, it is limited due to the distance the thermal camera can successfully detect heat sources. The more antiquated 160 x 120 thermal technology only allows operators to view heat sources from about 50 feet away while providing a poor image. The improved 640 x 512 thermal cameras have provided a more precise image and heat signatures from distances of 75 to 100 feet away in our testing. This thermal camera gives operators and observers a better success rate, thus improving officer safety and success.
In March 2021, the Fairfield Police Department purchased one DJI Mavic 2 Enterprise with an upgraded 640 x 512 radiometric thermal camera for evaluation and deployment. We have evaluated this UAV on multiple occasions. This UAV has observed suspects hiding firearms and firearm manufacturing parts. The UAV assists the SWAT team with aerial overwatch during operations, locating suspects attempting to avoid apprehension hiding within perimeters, as well as observing crowds during planned protests preventing the necessity for any officer contact with protestors, thus reducing escalating actions of protestors.
Packet Page 267 of 798
Agenda Item No: 18.AGENDA REPORTDATE:June 21, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022134 of the City Council of the City of Fairfield Authorizing the CityManager to Execute and Approve the Purchase of Ten Unmanned Aerial Vehicles andAssociated EquipmentRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUECity Ordinance 202206 of the City of Fairfield’s Municipal Code requires City Council approval for allpurchases related to military equipment. The Police Department requests approval to purchase ten DJIMavic 2 Enterprise Advanced Unmanned Aerial Vehicles (UAV) with infrared resolution: 640 x 512(Radiometric) Thermal cameras.DISCUSSIONThe Fairfield Police Department initially purchased seven DJI Mavic Enterprise UAVs when theTechnical Support Team (TST) implemented the UAV program in 2019. While the technology wassuperior, UAV technology and compact thermal camera capabilities have significantly improved since2019. The original seven UAVs purchased utilized a 160 x 120 thermal camera. This technology wasstate of the art for its time, but it is limited in capabilities. This technology has assisted with indoorsearches and outdoor searches. While it has been very successful, it is limited due to the distance thethermal camera can successfully detect heat sources. The more antiquated 160 x 120 thermaltechnology only allows operators to view heat sources from about 50 feet away while providing a poorimage. The improved 640 x 512 thermal cameras have provided a more precise image and heatsignatures from distances of 75 to 100 feet away in our testing. This thermal camera gives operatorsand observers a better success rate, thus improving officer safety and success. In March 2021, the Fairfield Police Department purchased one DJI Mavic 2 Enterprise with anupgraded 640 x 512 radiometric thermal camera for evaluation and deployment. We have evaluatedthis UAV on multiple occasions. This UAV has observed suspects hiding firearms and firearmmanufacturing parts. The UAV assists the SWAT team with aerial overwatch during operations, locatingsuspects attempting to avoid apprehension hiding within perimeters, as well as observing crowds during planned protests preventing the necessity for any officer contact with protestors, thus reducing escalating actions of protestors.
Several members of TST have tested the new technology; all the feedback has consistently been overwhelmingly positive, stating this is a significant improvement that expands the ability of the team to assist officers. This technology allows us to better reduce the risk of injury to suspects and officers by enabling us to locate suspects without surprise encounters between officers and suspects; thus, officers are better prepared to negotiate with suspects once located.
The California Highway Patrol, the primary Air Support unit utilized by the Police Department, has also notified the department they will reduce operating hours and their air units' availability. With technology rapidly improving, new UAV equipment offers better solutions to assist law enforcement agencies with locating fleeing suspects, finding lost children and missing persons, identifying discarded evidence, capturing video evidence, and many other uses.
Adding this additional equipment to TST will add other needed equipment due to the team's expansion and will give the team more uptodate technology to assist officers and our residents.
The Police Department obtained quotes from three reputable dealers for this purchase. ProForce Law Enforcement Equipment was the lowest quote and is a current vendor used by the Fairfield Police Department.
FINANCIAL IMPACT
The cost for the ten requested DJI Mavic 2 Enterprise UAVs is $71,751, including all applicable taxes and shipping. Funds are budgeted for this purchase from the general budget of the Police Department (Fund 011, Division and Responsibility Code 52007).
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
Deny the request or modify the request to a reduced quantity.
STAFF CONTACT
Nicholas McDowell, Police Lieutenant
(707) 4287645
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:
Description
Proposed Resolution
Quote from ProForce
Quote from DSLR Pros
Quote from RMUS Unmanned Solutions
REVIEWERS:
Reviewer Action Date
Marshall, Dan Approved 6/6/2022 8:00 PM
Packet Page 268 of 798
Agenda Item No: 18.AGENDA REPORTDATE:June 21, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022134 of the City Council of the City of Fairfield Authorizing the CityManager to Execute and Approve the Purchase of Ten Unmanned Aerial Vehicles andAssociated EquipmentRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUECity Ordinance 202206 of the City of Fairfield’s Municipal Code requires City Council approval for allpurchases related to military equipment. The Police Department requests approval to purchase ten DJIMavic 2 Enterprise Advanced Unmanned Aerial Vehicles (UAV) with infrared resolution: 640 x 512(Radiometric) Thermal cameras.DISCUSSIONThe Fairfield Police Department initially purchased seven DJI Mavic Enterprise UAVs when theTechnical Support Team (TST) implemented the UAV program in 2019. While the technology wassuperior, UAV technology and compact thermal camera capabilities have significantly improved since2019. The original seven UAVs purchased utilized a 160 x 120 thermal camera. This technology wasstate of the art for its time, but it is limited in capabilities. This technology has assisted with indoorsearches and outdoor searches. While it has been very successful, it is limited due to the distance thethermal camera can successfully detect heat sources. The more antiquated 160 x 120 thermaltechnology only allows operators to view heat sources from about 50 feet away while providing a poorimage. The improved 640 x 512 thermal cameras have provided a more precise image and heatsignatures from distances of 75 to 100 feet away in our testing. This thermal camera gives operatorsand observers a better success rate, thus improving officer safety and success. In March 2021, the Fairfield Police Department purchased one DJI Mavic 2 Enterprise with anupgraded 640 x 512 radiometric thermal camera for evaluation and deployment. We have evaluatedthis UAV on multiple occasions. This UAV has observed suspects hiding firearms and firearmmanufacturing parts. The UAV assists the SWAT team with aerial overwatch during operations, locatingsuspects attempting to avoid apprehension hiding within perimeters, as well as observing crowdsduring planned protests preventing the necessity for any officer contact with protestors, thus reducingescalating actions of protestors. Several members of TST have tested the new technology; all the feedback has consistently beenoverwhelmingly positive, stating this is a significant improvement that expands the ability of the team toassist officers. This technology allows us to better reduce the risk of injury to suspects and officers byenabling us to locate suspects without surprise encounters between officers and suspects; thus, officersare better prepared to negotiate with suspects once located. The California Highway Patrol, the primary Air Support unit utilized by the Police Department, has alsonotified the department they will reduce operating hours and their air units' availability. With technologyrapidly improving, new UAV equipment offers better solutions to assist law enforcement agencies withlocating fleeing suspects, finding lost children and missing persons, identifying discarded evidence,capturing video evidence, and many other uses. Adding this additional equipment to TST will add other needed equipment due to the team's expansionand will give the team more uptodate technology to assist officers and our residents.The Police Department obtained quotes from three reputable dealers for this purchase. ProForce LawEnforcement Equipment was the lowest quote and is a current vendor used by the Fairfield PoliceDepartment.FINANCIAL IMPACTThe cost for the ten requested DJI Mavic 2 Enterprise UAVs is $71,751, including all applicable taxesand shipping. Funds are budgeted for this purchase from the general budget of the Police Department(Fund 011, Division and Responsibility Code 52007).PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONDeny the request or modify the request to a reduced quantity.STAFF CONTACTNicholas McDowell, Police Lieutenant(707) 428[email protected] WITHN/AATTACHMENTS:DescriptionProposed ResolutionQuote from ProForceQuote from DSLR ProsQuote from RMUS Unmanned SolutionsREVIEWERS:
Reviewer Action Date
Marshall, Dan Approved 6/6/2022 8:00 PM
Cantrell, Deanna Approved 6/6/2022 8:06 PM
Beavers, Esther Approved 6/6/2022 8:24 PM
Beavers, Esther Approved 6/6/2022 8:24 PM
Packet Page 269 of 798
CITY OF FAIRFIELD
RESOLUTION NO. 2022-134
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE CITY
MANAGER TO EXECUTE AND APPROVE THE PURCHASE OF TEN UNMANNED AERIAL VEHICLES
AND ASSOCIATED EQUIPMENT
WHEREAS, the California Highway Patrol, the primary Air Support unit utilized by the Fairfield Police Department, has notified the department they will reduce operating hours and air units' availability; and
WHEREAS, with technology rapidly improving, new Unmanned Aerial Vehicles equipment offers better solutions to assist law enforcement agencies with locating fleeing suspects, finding lost children, and missing persons, identifying discarded evidence, capturing video evidence, and many other uses; and
WHEREAS, the Fairfield Police Department has expanded the Technical Support Team by adding additional staff, creating a need for additional UAV equipment.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The City Council hereby authorizes the city manager to execute and approve the purchase of ten DJI Mavic 2 Enterprise Unmanned Aerial Vehicles and associated equipment not to exceed $71, 751 from the General Fund (Fund 011, Responsibility and Division Code 52007).
PASSED AND ADOPTED this 21st day of June, 2022, by the following vote:
AYES: MEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO
NOES: MEMBERS:
ABSENT: MEMBERS:
ABSTAIN: MEMBERS:
MAYOR
ATTEST:
____________________________
CITY CLERK
Packet Page 270 of 798Attachment 1 Page 1 of 1
QUOTE#
O R D E R
SHIP DATE
Q U O T E
PAGE
SOLD SHIP
TO TO
JOB # ORD. DATE CUST.# LOC. SALESMAN SHIP VIA FRT.
QTY.UOM
ORDER ITEM NO./DESC. UNIT PRICE DISC. NET PRICE
COMMENT
TERMS
600649 1
A.S.A.P.
FAIRFIELD POLICE DEPARTMENT FAIRFIELD POLICE DEPARTMENT 1000 WEBSTER ST 1000 WEBSTER STREET
FAIRFIELD CA 94533 FAIRFIELD CA 94533
NA 05/11/22 003780 A JOHNATHAN PRINCE FX G-FOB ORIGIN
10 CP-EN00000337SB 6,175.00 EA 61,750.00 DJI MAVIC 2 ENTERPRISE ADV .00
NA SP (CP.EN.00000337.SB)
10 CP-EN0000007401 445.55 EA 4,455.50 DJI MAVIC 2 ENT FLY MORE KIT .00
(CP.EN.00000074.01)
This quote is valid for 45 days from date of issue,
pending credit approval, and is subject to manufacturer's availability and price change. Please call (800) 367-5855 if this bid is still pending on the expiration date for updated pricing.
Standard Terms are Net 30 days. If department policy does not allow for partial shipments and payments, separate
purchase orders for each item will be necessary.
Standard manufacturer's warranty applies to all department
ProForce Law Enforcement agrees to defend, indemnify and hold harmless its customers from claims for personal
injury or property damages, to the extent arising from the negligent acts or omissions of ProForce Law Enforcement or its employees, agents or independent contractors.
ORDERING INSTRUCTIONS: Please reply to your sales represen- tative in writing to process this order or send an email to
Packet Page 271 of 798Attachment 2 Page 1 of 2
QUOTE#
O R D E R
SHIP DATE
Q U O T E
PAGE
SOLD SHIP
TO TO
JOB # ORD. DATE CUST.# LOC. SALESMAN SHIP VIA FRT.
QTY.UOM
ORDER ITEM NO./DESC. UNIT PRICE DISC. NET PRICE
COMMENT
TERMS
600649 2
A.S.A.P.
FAIRFIELD POLICE DEPARTMENT FAIRFIELD POLICE DEPARTMENT 1000 WEBSTER ST 1000 WEBSTER STREET
FAIRFIELD CA 94533 FAIRFIELD CA 94533
NA 05/11/22 003780 A JOHNATHAN PRINCE FX G-FOB ORIGIN
[email protected]. For orders over $5,000, a PO or signed quote is required to process the order.
Returned items are subject to 20% restocking fee. All sales are final on non-stocked/special order items
IMPORTANT: To order from this quotation, please sign below.
Printed Name: ____________________________________________ -
Date: ___________________________ P.O.:___________________ -
Signature: _______________________________________________
SALES AMOUNT 66,205.50
FOR: KEVIN ANDERSON
BY: DANNY GONZALES 8.375% SALES TAX 5,544.72 SUB TOTAL 71,750.22
DUE NET 30 DAYS
Packet Page 272 of 798Attachment 2 Page 2 of 2
Prepared by:
Derek Wheeler
DSLRPros.com
[email protected]
Date Created: 02:46 PM May 12, 2022
Prepared for:
Kevin Anderson
Fairfield, CA Police Department
Quote ID: TPNYB-PXBXC-9PGGZ-CPTAO
Packet Page 273 of 798Attachment 3 Page 1 of 4
www.dslrpros.com | 877-299-1075
19850 Nordho Place, Chatsworth, CA 91311
This document contains sensitive and proprietary information from DSLRPros.com. Use or disclosure of the information contained herein is NOT permitted without prior written consent. $5,447.00
$393.02
Name Price QTY Subtotal Tax
DJI Mavic 2 Enterprise Advanced
Thermal/RGB Drone
*Does not include RTK module*
1x DJI Mavic 2 Enterprise Advanced
Thermal/RGB Drone
1x DJI Smart Controller
1x Intelligent Flight Battery
1x Battery Charger
1x Power Cable
3x pair of propellers
1x spare joystick (pair)
1x USB Type-C cable
1x USB adapter
1x extension slot cover
1x loudspeaker
1x high-power LED spotlight
1x signal LED
1x carrying case
1x DJI Care Enterprise Basic
$6,500.00 10 $70,447.00
DJI Mavic 2 Enterprise - Fly More
Kit
This product includes:
• 2x Mavic 2 Enterprise Batteries
(Self heating)
• 1x Car charger
• 1x Battery charging hub
• 1x Battery to power bank
adapter
• 2x (Pair) Mavic 2 propellers
S-DJI-M2E-FMK
$469.00 10 $5,083.02
Packet Page 274 of 798Attachment 3 Page 2 of 4
www.dslrpros.com | 877-299-1075
19850 Nordho Place, Chatsworth, CA 91311
This document contains sensitive and proprietary information from DSLRPros.com. Use or disclosure of the information contained herein is NOT permitted without prior written consent. $0.00
$0.00
$0.00
$0.00
Firmware Upgrade Service
- Activation of the product(s), upgrading
to the latest available firmware, and
delivered ready to fly.
V-NB-FIRM-UPG
$0.00 1 $0.00
FREE Lifetime Customer Care &
Technical Support Via Phone,
Email & Chat
$0.00 1 $0.00
Enterprise Concierge Assist
Our customer care team is here to make
sure that your a ersales experience is
as seamless as the original transaction.
We will assist our clients through the
Enterprise Care deductible process ( if
applicable ) as well as any warranty or
not warranty related issues. We're here
to help facilitate your success!
*** Normally a $500 Service ***
S-ECA-EUAS
$0.00 1 $0.00
Shipping & Handling
Ground Shipping $0.00 1 $0.00
Subtotal $75,530.02
Total $75,530.02
Packet Page 275 of 798Attachment 3 Page 3 of 4
www.dslrpros.com | 877-299-1075
19850 Nordho Place, Chatsworth, CA 91311
This document contains sensitive and proprietary information from DSLRPros.com. Use or disclosure of the information contained herein is NOT permitted without prior written consent.
Signatures
Again, we want to thank you for purchasing your equipment or services with DSLRPros.com. By signing below you agree to our terms and conditions and have read and understand the pricing provided. You also agree not to share the information & pricing provided in this document to anyone outside of your organization. https://www.dslrpros.com/terms-of-use ______________________________________________________________________________________ Signature Date
______________________________________________________________________________________ Name Title
Packet Page 276 of 798Attachment 3 Page 4 of 4
QUOTE Amended
Quotation No.:33754
Quotation Date:05/12/22
Expiration Date:06/12/22
Customer No.:C005502
Page No.:Page 1 of 2
BILL TO SHIP TO
Fairfield CA Police Deparment Fairfield Police
1000 Webster St.
Fairfield CA 94533
USA
1000 Webster St
Fairfield CA 94533-4836
USA
RMUS Team Member Chad Walker
Contact Name:Kevin Anderson
Terms:Net 30
Item No.Description Quantity Discount %Price Total
DJI-MAVIC2-ADV DJI Mavic 2 Enterprise Advanced 10.00 0.00 6,500.00 $ 65,000.00 $ Includes Mavic 2 Enterprise Advanced quadcopter, Smart
Remote controller, battery, battery charger, power cable, three (3) pairs of propellers, one pair of spare control sticks, USB-C cable, USB adapter, extended port cover, speaker
attachment, spotlight attachment, beacon attachment, hard case, manuals and one (1) year of DJI Enterprise Shield Basic.
DJI-MAVIC2-ENT-FLY
MORE
DJI Mavic 2 Enterprise Fly More Kit 10.00 0.00 469.00 $ 4,690.00 $ RMUS-4UASHELP-YR RMUS Tech Connect™ Help Center -
Unmanned Systems Technical Support
1.00 100.00 249.00 $
RMUS ensures that all technical issues are handled directly by an RMUS Customer Service Agent and/or Manufacturer
Certified Technician, which can be reached via email or phone 7 days a week. Membership packet with priority
phone number and email address will be sent after
purchase.
RMUS-config-sm RMUS System Calibration and Inspection by Manufacturer Certified Technician - Small
Aircraft
1.00 100.00 199.00 $
Includes baseline maintenance inspection and firmware
updates. RMUS manufacturer certified technicians ensure all batteries, aircraft, remotes, tablets and other accessories are in working order prior to shipment. This process will save dozens of hours of setup time for your UAS Pilots and
Crew.
RMUS-TRD-MV2ENT RMUS DJI Mavic 2 Enterprise Ready to
Deploy Video
10.00 100.00 49.00 $
Get started video for drone pilots/operators, created by RMUS certified technicans, to get quickly up and running with the DJI Mavic 2 Enterprise.
595 North 1250 West Suite 3
Centerville UT 84014
USA
801-316-3250
800-793-3548
[email protected]
[email protected]
[email protected]
[email protected]
Packet Page 277 of 798Attachment 4 Page 1 of 2
QUOTE Amended
Quotation No.:33754
Quotation Date:05/12/22
Expiration Date:06/12/22
Customer No.:C005502
Page No.:Page 2 of 2
Item No.Description Quantity Discount %Price Total
RMUS-SD_Holder RMUS micro SD Card Holder 10.00 100.00 6.00 $ Holds 10 micro SD cards.
RMUS-DJI-CERT1 DJI Enterprise Authorized Dealer Certificate 1.00 100.00 1.00 $ RMUS is an officially certified DJI Enterprise Tier One Gold Level Dealer. As an authorized dealer we can provide
repairs and handle warranty claims.
Quote Terms
Confidential - This quote contains proprietary pricing and other confidential information that can not be shared outside your organization.
All prices are valid within 30 calendar days of quote date.
Payment due prior to product shipment, unless terms have been extended.
All sales of UAV packges are final. Returns of unopened items in the original packing are subject to a 20% restocking fee.
If you have questions, please contact [email protected] or call us at 801-316-3250.
Thank you for your business.
Subtotal 69,690.00 $
Shipping 375.00 $
Tax 5,867.95 $
Order Total 75,932.95 $
595 North 1250 West Suite 3
Centerville UT 84014
USA
801-316-3250
800-793-3548
[email protected]
[email protected]
[email protected]
[email protected]
Packet Page 278 of 798Attachment 4 Page 2 of 2
Agenda Item No: 19.
AGENDA REPORT
DATE:June 21, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022135 of the City Council of the City of Fairfield Authorizing the Seventh Amendment to the 1965 Agreement between the City of Fairfield, City of Suisun City, and FairfieldSuisun Sewer District Regarding Collection System Rehabilitation and Replacement Funding
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The City is responsible for the operation and maintenance of 261 miles of sanitary sewer collection mains, 4,572 sanitary sewer manholes, and 22,876 lower lateral connections. The system is aging, and portions are in critical need of replacement. The proposed seventh amendment to the 1965 Agreement between the FairfieldSuisun Sewer District (FSSD or District), City of Fairfield, and City of Suisun City (1965 Agreement) provides Fairfield $1,830,000 per year (for five years) for rehabilitation and/or replacement (R&R) of the sanitary sewer system.
DISCUSSION
FairfieldSuisun Sewer District Background:In 1951, FSSD was formed by the state legislature as a special district to provide for the collection, treatment, and disposal of sewage in the cities of Fairfield and Suisun City. FSSD serves a 41squaremile area of Solano County, encompassing the cities of Fairfield and Suisun City, including Travis Air Force Base. The FSSD Board of Directors is comprised of the Mayors and all City Council members from both cities.
The cities of Fairfield and Suisun City entered into an agreement with FSSD in 1965 to formalize the responsibilities for the operations and maintenance of the sewer system components and the collection of the sewer charges. The agreement has been amended six times, most recently in 2005. The agreement provisions require the cities to operate and maintain sanitary sewer mains less than 12 inches in diameter and collect the sewer charges.
The agreement requires FSSD to provide funding to the cities for the collection system's operation and maintenance and billing and accounting services. The agreement establishes a rate of payment based on miles of mainline pipe the cities have responsibility for and the number of billing accounts. The rates paid to the cities are adjusted annually based on the consumer price index (CPI). The monthly sewer Packet Page 279 of 798
Agenda Item No: 19.AGENDA REPORTDATE:June 21, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022135 of the City Council of the City of Fairfield Authorizing the SeventhAmendment to the 1965 Agreement between the City of Fairfield, City of Suisun City,and FairfieldSuisun Sewer District Regarding Collection System Rehabilitation andReplacement FundingRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City is responsible for the operation and maintenance of 261 miles of sanitary sewer collectionmains, 4,572 sanitary sewer manholes, and 22,876 lower lateral connections. The system is aging, andportions are in critical need of replacement. The proposed seventh amendment to the 1965 Agreementbetween the FairfieldSuisun Sewer District (FSSD or District), City of Fairfield, and City of Suisun City(1965 Agreement) provides Fairfield $1,830,000 per year (for five years) for rehabilitation and/orreplacement (R&R) of the sanitary sewer system.DISCUSSIONFairfieldSuisun Sewer District Background:In 1951, FSSD was formed by the state legislature asa special district to provide for the collection, treatment, and disposal of sewage in the cities of Fairfieldand Suisun City. FSSD serves a 41squaremile area of Solano County, encompassing the cities ofFairfield and Suisun City, including Travis Air Force Base. The FSSD Board of Directors is comprisedof the Mayors and all City Council members from both cities.The cities of Fairfield and Suisun City entered into an agreement with FSSD in 1965 to formalize theresponsibilities for the operations and maintenance of the sewer system components and the collectionof the sewer charges. The agreement has been amended six times, most recently in 2005. Theagreement provisions require the cities to operate and maintain sanitary sewer mains less than 12inches in diameter and collect the sewer charges.The agreement requires FSSD to provide funding to the cities for the collection system's operation and maintenance and billing and accounting services. The agreement establishes a rate of payment based on miles of mainline pipe the cities have responsibility for and the number of billing accounts. The rates paid to the cities are adjusted annually based on the consumer price index (CPI). The monthly sewer rates for all system customers are set by the FSSD Board and collected through the Fairfield and Suisun City utility bills.
In 2019, the City approached the District to consider addressing the funding deficiency to establish a sanitary sewer collection system capital replacement program. For context, the City received $2,027,546 in the fiscal year 20212022 per the 1965 Agreement. The City’s staffing, materials, equipment, and contracts to perform the routine sewer maintenance throughout Fairfield and comply with all regulatory requirements total approximately $2,633,294 for the fiscal year 20212022. Costs have increased over the years due to additional regulatory compliance requirements and aging infrastructure requiring increased efforts for cleaning and repair.
Collection System Asset Management Plan:In response to the City’s request to establish a sanitary sewer collection system capital replacement program, the District contracted with Carollo Engineers to prepare a Collection System Asset Management Plan (CSAMP). District staff led the CSAMP effort with feedback from the Public Works Operations and Engineering divisions. The CSAMP consisted of three main components:
1. Identify the collection system assets and determine their anticipated end of useful life and expected replacement date based on a principle of risk management.
2. Determine collection system funding needs over the long term.
3. Develop a shortterm Capital Improvement Program (CIP) to address deficiencies in Fairfield’s sanitary sewer collection system.
The CSAMP identified that most of the sanitary sewer collection system R&R in Fairfield is concentrated in the oldest portions of the collection system, predominantly clay pipe dating back to the 1950s. These gravity mains, approximately 9 miles in total, are likely to have multiple structural defects relative to others in the system. Cracks, fractures, breaks, and offsets are prevalent in this system portion, necessitating an R&R strategy.
The funding need for Fairfield, Suisun City, and the District was determined by averaging the expected R&R costs over the next 20 years. The financial model detailed a significant increase in 2032 and beyond as infrastructure ages. The CSAMP recommends that $1,830,000 be programmed annually into Fairfield’s CIP to proactively address the sanitary sewer collection system rehabilitation needs associating with aging pipes and other system deficiencies. The CSAMP will be updated before each rate study (every 5years) to adapt as new closedcircuit television (CCTV) inspection data is collected.
The Seventh Amendment to the 1965 Agreement:The following is a summary of key elements specific to Fairfield included within the Seventh Amendment to the 1965 Agreement:
Starting July 1, 2022, and repeating every July 1 until July 1, 2026, the District will transfer $1,830,000 to a City of Fairfield Collection System R&R Reserve Fund (Reserve Fund). The District will hold the Reserve Fund.
Prior to every fiscal year, Fairfield will budget in its CIP anticipated expenditures for sanitary sewer collection system R&R for the upcoming fiscal year. This amount will be included in the District’s budget and presented to the District’s Board of Directors for approval.
The budgeted amount will be transferred from the Reserve Fund into Fairfield’s collection system enterprise fund by August 1 of each year. Overspent or underspent funds from each fiscal year will be reconciled in the next fiscal year.
At least every five years, each city (Fairfield and Suisun City) will provide the District with new collection system inspection data. The District will update the CSAMP, reassess the collection system R&R funding needs, and include these needs to establish appropriate funding.
The District will transfer ownership of a collection system vehicle and inspection equipment to the City with the intent that the Public Works Department can assume responsibility for the sanitary sewer Packet Page 280 of 798
Agenda Item No: 19.AGENDA REPORTDATE:June 21, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022135 of the City Council of the City of Fairfield Authorizing the SeventhAmendment to the 1965 Agreement between the City of Fairfield, City of Suisun City,and FairfieldSuisun Sewer District Regarding Collection System Rehabilitation andReplacement FundingRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe City is responsible for the operation and maintenance of 261 miles of sanitary sewer collectionmains, 4,572 sanitary sewer manholes, and 22,876 lower lateral connections. The system is aging, andportions are in critical need of replacement. The proposed seventh amendment to the 1965 Agreementbetween the FairfieldSuisun Sewer District (FSSD or District), City of Fairfield, and City of Suisun City(1965 Agreement) provides Fairfield $1,830,000 per year (for five years) for rehabilitation and/orreplacement (R&R) of the sanitary sewer system.DISCUSSIONFairfieldSuisun Sewer District Background:In 1951, FSSD was formed by the state legislature asa special district to provide for the collection, treatment, and disposal of sewage in the cities of Fairfieldand Suisun City. FSSD serves a 41squaremile area of Solano County, encompassing the cities ofFairfield and Suisun City, including Travis Air Force Base. The FSSD Board of Directors is comprisedof the Mayors and all City Council members from both cities.The cities of Fairfield and Suisun City entered into an agreement with FSSD in 1965 to formalize theresponsibilities for the operations and maintenance of the sewer system components and the collectionof the sewer charges. The agreement has been amended six times, most recently in 2005. Theagreement provisions require the cities to operate and maintain sanitary sewer mains less than 12inches in diameter and collect the sewer charges.The agreement requires FSSD to provide funding to the cities for the collection system's operation andmaintenance and billing and accounting services. The agreement establishes a rate of payment basedon miles of mainline pipe the cities have responsibility for and the number of billing accounts. The ratespaid to the cities are adjusted annually based on the consumer price index (CPI). The monthly sewerrates for all system customers are set by the FSSD Board and collected through the Fairfield andSuisun City utility bills.In 2019, the City approached the District to consider addressing the funding deficiency to establish asanitary sewer collection system capital replacement program. For context, the City received$2,027,546 in the fiscal year 20212022 per the 1965 Agreement. The City’s staffing, materials,equipment, and contracts to perform the routine sewer maintenance throughout Fairfield and complywith all regulatory requirements total approximately $2,633,294 for the fiscal year 20212022. Costshave increased over the years due to additional regulatory compliance requirements and aginginfrastructure requiring increased efforts for cleaning and repair.Collection System Asset Management Plan:In response to the City’s request to establish a sanitarysewer collection system capital replacement program, the District contracted with Carollo Engineers toprepare a Collection System Asset Management Plan (CSAMP). District staff led the CSAMP effortwith feedback from the Public Works Operations and Engineering divisions. The CSAMP consisted ofthree main components:1. Identify the collection system assets and determine their anticipated end of useful life andexpected replacement date based on a principle of risk management.2. Determine collection system funding needs over the long term.3. Develop a shortterm Capital Improvement Program (CIP) to address deficiencies in Fairfield’ssanitary sewer collection system.The CSAMP identified that most of the sanitary sewer collection system R&R in Fairfield isconcentrated in the oldest portions of the collection system, predominantly clay pipe dating back to the1950s. These gravity mains, approximately 9 miles in total, are likely to have multiple structural defectsrelative to others in the system. Cracks, fractures, breaks, and offsets are prevalent in this systemportion, necessitating an R&R strategy.The funding need for Fairfield, Suisun City, and the District was determined by averaging the expectedR&R costs over the next 20 years. The financial model detailed a significant increase in 2032 andbeyond as infrastructure ages. The CSAMP recommends that $1,830,000 be programmed annuallyinto Fairfield’s CIP to proactively address the sanitary sewer collection system rehabilitation needsassociating with aging pipes and other system deficiencies. The CSAMP will be updated before eachrate study (every 5years) to adapt as new closedcircuit television (CCTV) inspection data is collected.The Seventh Amendment to the 1965 Agreement:The following is a summary of key elementsspecific to Fairfield included within the Seventh Amendment to the 1965 Agreement:Starting July 1, 2022, and repeating every July 1 until July 1, 2026, the District will transfer$1,830,000 to a City of Fairfield Collection System R&R Reserve Fund (Reserve Fund). TheDistrict will hold the Reserve Fund.Prior to every fiscal year, Fairfield will budget in its CIP anticipated expenditures for sanitarysewer collection system R&R for the upcoming fiscal year. This amount will be included in theDistrict’s budget and presented to the District’s Board of Directors for approval.The budgeted amount will be transferred from the Reserve Fund into Fairfield’s collection systementerprise fund by August 1 of each year. Overspent or underspent funds from each fiscal year willbe reconciled in the next fiscal year.At least every five years, each city (Fairfield and Suisun City) will provide the District with newcollection system inspection data. The District will update the CSAMP, reassess the collectionsystem R&R funding needs, and include these needs to establish appropriate funding.
The District will transfer ownership of a collection system vehicle and inspection equipment to the City with the intent that the Public Works Department can assume responsibility for the sanitary sewer collection system inspection. Additional funding (10% of maintenance funding) will be provided to support this.
Staff is in the preliminary planning phase to identify capital projects for the next several years to match available funding. Staff will be returning to the council in the upcoming months with a new professional service contract for an engineering firm to prepare the contract documents for these sanitary sewer collection system R&R projects. Staff anticipates the first construction project to commence in the fall of 2023.
FINANCIAL IMPACT
On March 23, 2022, the District Board adopted Resolution 202205, approving an increase in sewer service charges and capacity fees. Approval of the Seventh Amendment to the 1965 Agreement allows the City to access $1,830,000 million annually for sanitary sewer collection system R&R projects.
Sewer enterprise funding will be placed in the Sewer Capital Fund (Fund 255). There is no fiscal impact on the City’s General Fund.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
On April 20, 2022, the District Board adopted Resolution 202206 approving the Seventh Amendment to the 1965 Agreement.
ALTERNATIVE ACTION
If the council has any questions, acceptance of the amendment may be delayed so that staff may provide the necessary additional information.
STAFF CONTACT
Ryan Panganiban, Assistant Public Works Director/City Engineer (707) 4287017
[email protected]
COORDINATED WITH
City Attorney's Office, Finance Department, FairfieldSuisun Sewer District, and the City of Suisun City ATTACHMENTS:
Description
Proposed Resolution
Proposed Agreement
REVIEWERS:
Reviewer Action Date
Panganiban, Ryan Approved 6/7/2022 1:21 PM
Kaushal, Paul Approved 6/7/2022 6:38 PM
Beavers, Esther Approved 6/8/2022 2:16 PM
Beavers, Esther Approved 6/8/2022 2:17 PM
Packet Page 281 of 798
CITY OF FAIRFIELD
RESOLUTION NO. 2022-135
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AUTHORIZING THE SEVENTH AMENDMENT TO THE 1965 AGREEMENT BETWEEN THE CITY OF FAIRFIELD, CITY OF SUISUN
CITY, AND FAIRFIELD-SUISUN SEWER DISTRICT REGARDING COLLECTION SYSTEM
REHABILITATION AND REPLACEMENT FUNDING
WHEREAS, on February 12, 1965, the Fairfield-Suisun Sewer District (District), City of Fairfield, and City of Suisun City entered into an agreement (1965 Agreement) to formalize the responsibilities for the operations and maintenance of the sewer system components and the collection of the sewer charges, which was amended previously on April 20, 1976; July 25, 1977; November 1, 1988; March 23, 1992; March 23, 1998; and November 22, 2004; and
WHEREAS, the District has completed a comprehensive study of sanitary sewer assets owned by the District and the City to project rehabilitation and replacement funding requirements for each party over the next one hundred years, and established a framework to frequently update the asset management plan with new data as it becomes available; and
WHEREAS, on March 23, 2022, the District Board of Directors adopted a sewer service charge that will generate revenue to support the rehabilitation and replacement of sanitary sewers for the City; and
WHEREAS, amending the 1965 Agreement is required to fund the Fairfield’s five -year sanitary sewer collection system capital replacement program starting on July 1, 2022.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The city manager is hereby authorized and directed to execute on behalf of the City of Fairfield the Seventh Amendment to the 1965 Agreement between the City of Fairfield, City of Suisun City, and Fairfield-Suisun Sewer District regarding collection system rehabilitation and replacement funding.
Section 2. The city manager is hereby authorized to do all things necessary and proper to implement the above-mentioned amended agreement.
Packet Page 282 of 798Attachment 1 Page 1 of 2
RES. NO. 2022-135
PASSED AND ADOPTED this 21st day of June, 2022, by the following vote:
AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
MAYOR
ATTEST:
____________________________
CITY CLERK
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SEVENTH AMENDMENT TO 1965 AGREEMENT
This SEVENTH AMENDMENT TO 1965 AGREEMENT (“7th Amendment”) is made and entered into this ___________ day of ___________, 2022, by and between the FAIRFIELD-SUISUN SEWER DISTRICT, a special district organized and existing under the laws of the State of California (“DISTRICT”), the CITY OF FAIRFIELD, a municipal corporation, and the CITY OF SUISUN CITY, a municipal corporation; herein individually called “CITY” or collectively called “CITIES.”
WHEREAS, on February 12, 1965, the DISTRICT and CITIES, entered into an agreement for collection of sanitary sewer charges, which was amended previously on April 20, 1976, July 25, 1977, November 1, 1988, March 23, 1992, March 23, 1998 and November 22, 2004 (collectively, as amended, the “1965 AGREEMENT”); and
WHEREAS, the DISTRICT has completed a comprehensive study of sanitary sewer assets owned by the DISTRICT and the CITIES, using current video inspection data and industry-standard asset management practices, to project rehabilitation and replacement funding requirements for each party over the next one hundred years, and established a framework to frequently update the asset management plan with new data as it becomes available; and
WHEREAS, the Board of Directors of the DISTRICT has adopted a sewer service charge that will generate revenue to support the rehabilitation and replacement of sanitary sewers for the DISTRICT and CITIES; and
WHEREAS, the CITY OF FAIRFIELD desires to assume responsibility for inspecting its collection system, which has previously been inspected by the DISTRICT, and the CITY OF SUISUN CITY desires to have the DISTRICT continue inspecting its collection system; and
WHEREAS, the DISTRICT and CITIES have jointly recognized the need to update the terms of the 1965 AGREEMENT related to funding of sewer rehabilitation and replacement.
NOW, THEREFORE, it is agreed as follows:
1. The 1965 AGREEMENT is amended to add Paragraph 7 to read as follows:
“7. As of July 1, 2022, the DISTRICT will establish two reserve funds within its Operations and Maintenance Fund: City of Fairfield Collection System Rehabilitation/Replacement (R/R) Reserve Fund; and a City of Suisun City Collection System R/R Reserve Fund. The amount of R/R funding has been calculated from the Collection System Asset Management Plan conducted by the DISTRICT with participation from the CITIES.
7.1. Beginning July 1, 2022, and repeating every July 1 until July 1, 2026, the DISTRICT will deposit funds into the Collection System R/R Reserve Fund for the following fiscal year, allocated between the parties as follows:
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7.1.1. $1,830,000 to the City of Fairfield Collection System R/R Reserve Fund, and
7.1.2. $1,770,000 to the City of Suisun City Collection System R/R Reserve Fund.
7.2. The use of reserve funds in each Collection System R/R Reserve Fund will be determined by the party named on the reserve fund, provided that they are used for rehabilitation and/or replacement of collection system assets owned by the named party. Any interest income received on funds in each Collection System R/R Reserve Fund will be attributable to that individual Collection System R/R Reserve Fund.
7.3. By August 1 of each year, the DISTRICT will provide to each CITY a report detailing the credits, debits, and current balance of its Collection System R/R Reserve Fund during the prior fiscal year.
7.4. DISTRICT and CITIES may loan funds between Collection System R/R Reserve Funds, but only if a separate, written agreement is in place between the DISTRICT and the CITY or CITIES participating in the loan, detailing repayment terms and interest charges.
7.5. By March 30 of each year, each CITY shall provide to DISTRICT:
7.5.1. The projected amount that will be spent by the end of the current fiscal year on Collection System R/R Reserve funded projects; and
7.5.2. A forecast of expenditures from the Collection System R/R Reserve Fund for the next five (5) fiscal years. These projected expenditures will be listed in the DISTRICT’s budget. By approving the budget, the DISTRICT’s Board of Directors will authorize the drawdown of the reserve fund balance. Approval of individual projects shall be the responsibility of the governing body of each party.
7.5.3. The budget for Collection System R/R projects shall include a construction cost estimate, plus a 37.5% markup (10% for engineering design, 10% for construction management, 7.5% for environmental/legal, and 10% contingency).
7.6. Beginning on August 1, 2022, and repeating every August 1 until August 1, 2026, DISTRICT will transfer the total budgeted value of all Collection System R/R projects for the next fiscal year to each CITY from its respective Collection System R/R Reserve Fund, provided a positive balance remains in that CITY’s reserve fund. CITIES shall deposit the transferred funds into each CITY’s collection system enterprise fund (as established in Paragraph 5.2) and use them exclusively to fund Collection System R/R projects budgeted for that fiscal year. At the end of each fiscal year, the amount transferred to each CITY shall be trued-up as follows:
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7.6.1. If, for each CITY, the actual spend in a fiscal year is less than what was budgeted and paid to the CITY, the additional funds paid by the DISTRICT shall be deducted from the following year’s transfer.
7.6.2. If, for each CITY, the actual spend in a fiscal year is greater than what was budgeted and paid to the CITY, the additional funds required by the CITY will be added to the following year’s transfer, provided a positive balance remains in the CITY’s Collection System R/R Reserve Fund.
7.6.3. Additional transfers to the CITIES may be made outside of the fiscal year end to accommodate emergency work or budget deviations with the approval of the DISTRICT’s Board of Directors.”
7.7. In expending Collection System R/R Reserve Fund money, CITIES shall comply with all applicable laws and regulations.
2. The 1965 AGREEMENT is amended to add Paragraph 8 to read as follows:
“8. Prior to September 30, 2026, and every five years thereafter, DISTRICT will update the Collection System Asset Management Plan funding model in coordination with the CITIES. The updated funding model will be used to recalculate Collection System R/R funding needs over the next five-year window, and to adjust sewer rates as needed to support proper maintenance, rehabilitation, replacement, and reserve fund balance.
8.1. Prior to September 30, 2025, and at least once every five years thereafter, each CITY shall provide to DISTRICT all collection system inspection data that has been collected since the prior Collection System Asset Management Plan update. This data will be used to adjust modelled assumptions about remaining useful life for each collection system asset owned by each agency.”
3. The 1965 AGREEMENT is amended to add Paragraph 9 to read as follows:
“9. Each party shall be responsible for conducting closed-circuit television (CCTV) inspections of its collection system assets such that every pipe is inspected at least once every five years. Requirements of the CCTV inspection program are as follows:
9.1. As of July 1, 2022, responsibility for CCTV inspections shall be as follows:
9.1.1. For DISTRICT sewer lines, DISTRICT shall clean the pipes and conduct inspections.
9.1.2. For CITY OF SUISUN CITY sewer lines, CITY OF SUISUN CITY shall clean the pipes and DISTRICT will conduct inspections.
9.1.3. For CITY OF FAIRFIELD sewer lines, the CITY OF FAIRFIELD will clean the pipes and conduct inspections.
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9.2. All CCTV data shall be collected, and defects coded, in a manner that complies with the National Association of Sewer Service Companies (NASSCO) Pipeline Assessment Certification Program (PACP), using a software system that is compatible with DISTRICT’s Collection System Asset Management model.
9.3. As of July 1, 2022, the DISTRICT shall transfer ownership of one CCTV inspection van (2008 Freightliner Sprinter 3500) to the CITY OF FAIRFIELD for CCTV inspection of CITY OF FAIRFIELD collection system assets. The van will include all equipment necessary for the completion of CCTV inspections. DISTRICT will provide maintenance records of the van to the CITY OF FAIRFIELD, and DISTRICT will provide training to CITY OF FAIRFIELD staff on operation of the van and CCTV inspection equipment.
9.3.1. To fund the CCTV inspection of CITY OF FAIRFIELD collection system assets, the DISTRICT will transfer an additional 10% added to the monthly operation and maintenance payments identified in Paragraph 5.1.
9.3.2. CITY OF FAIRFIELD agrees to assume ownership of the CCTV inspection van on an as-is basis with all faults, latent and patent. DISTRICT makes no warranties, express or implied, as to the nature, quality or condition of the CCTV inspection van, including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose or non-infringement, or otherwise.
DISTRICT and CITIES acknowledge that in all other respects the 1965 AGREEMENT, as amended on April 20, 1976; July 25, 1977; November 1, 1988; March 23, 1992; March 23, 1998; and November 22, 2004 is and remains in effect.
IN WITNESS the parties hereto have executed this Seventh Amendment to the 1965 AGREEMENT on the day first above written.
FAIRFIELD-SUISUN SEWER DISTRICT
______________________________________
President, Board of Directors
ATTEST:
_________________________________________
District Clerk
APPROVED AS TO FORM:
_________________________________________
District Counsel
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CITY OF FAIRFIELD
_______________________________________
Mayor
ATTEST:
___________________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________________
City Attorney
CITY OF SUISUN CITY
_______________________________________
Mayor
ATTEST:
___________________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________________
City Attorney
Packet Page 288 of 798Attachment 2 Page 5 of 5
Agenda Item No: 20.
AGENDA REPORT
DATE:June 21, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022136 of the City Council of the City of Fairfield Accepting the Heart of Fairfield CDBG Downtown Sidewalk Gap Closure Project as Complete RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The adoption of this resolution accepts the Heart of Fairfield CDBG Downtown Sidewalk Gap Closure Project as complete.
DISCUSSION
On February 1, 2022, the City adopted Resolution 202219 approving a contract with California Highway Construction Group, Inc., for the Heart of Fairfield CDBG Downtown Sidewalk Gap Closure Project (Project). The Project included the construction of approximately 3,800 square feet of new concrete sidewalks along portions of Ohio Street from Great Jones Street to Webster Street and along Madison Street from Illinois Street to Ohio Street. The City completed the Project on April 15, 2022.
The construction authorization for the Project was approved for $168,478.75. This amount included a total bid of $153,162.50 and a 10% contingency of $15,316.25. The final cost for the Project was $160,216.41, which is approximately 5% below the amount authorized for construction.
FINANCIAL IMPACT
Acceptance of the Project obligates the City to provide ongoing maintenance and repair of the improvements, which will be paid from the General Fund (Fund 011).
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the City Council has any questions, the City may delay acceptance so staff may provide the necessary additional information.
Packet Page 289 of 798
Agenda Item No: 20.AGENDA REPORTDATE:June 21, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022136 of the City Council of the City of Fairfield Accepting the Heart ofFairfield CDBG Downtown Sidewalk Gap Closure Project as CompleteRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe adoption of this resolution accepts the Heart of Fairfield CDBG Downtown Sidewalk Gap ClosureProject as complete.DISCUSSIONOn February 1, 2022, the City adopted Resolution 202219 approving a contract with CaliforniaHighway Construction Group, Inc., for the Heart of Fairfield CDBG Downtown Sidewalk Gap ClosureProject (Project). The Project included the construction of approximately 3,800 square feet of newconcrete sidewalks along portions of Ohio Street from Great Jones Street to Webster Street and alongMadison Street from Illinois Street to Ohio Street. The City completed the Project on April 15, 2022.The construction authorization for the Project was approved for $168,478.75. This amount included atotal bid of $153,162.50 and a 10% contingency of $15,316.25. The final cost for the Project was$160,216.41, which is approximately 5% below the amount authorized for construction.FINANCIAL IMPACTAcceptance of the Project obligates the City to provide ongoing maintenance and repair of theimprovements, which will be paid from the General Fund (Fund 011).PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONIf the City Council has any questions, the City may delay acceptance so staff may provide the necessary additional information.
STAFF CONTACT
Roger Dunham, Public Works Construction Manager
(707) 4287478
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:
Description
Proposed Resolution
REVIEWERS:
Reviewer Action Date
Panganiban, Ryan Approved 6/6/2022 8:10 PM
Kaushal, Paul Approved 6/6/2022 8:40 PM
Beavers, Esther Approved 6/7/2022 10:56 AM
Beavers, Esther Approved 6/7/2022 10:57 AM
Packet Page 290 of 798
CITY OF FAIRFIELD
RESOLUTION NO. 2022-136
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ACCEPTING THE HEART OF
FAIRFIELD - CDBG DOWNTOWN SIDEWALK GAP CLOSURE PROJECT AS COMPLETE
WHEREAS, the City Council approved a contract with California Highway Construction Group, Inc., for the Heart of Fairfield - CDBG Downtown Sidewalk Gap Closure Project (Project) on February 1, 2022, by Resolution No. 2022-19; and
WHEREAS, California Highway Construction Group, Inc. has completed Project in accordance with the contract approved by council.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The City of Fairfield hereby accepts the Project as complete pursuant to the agreement between the City of Fairfield and California Highway Construction Group, Inc., approved by council on February 1, 2022.
PASSED AND ADOPTED this 21st day of June, 2022, by the following vote:
AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
MAYOR
ATTEST:
____________________________
CITY CLERK
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Agenda Item No: 21.
AGENDA REPORT
DATE:June 21, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022137 of the City Council of the City of Fairfield Accepting the Subdivision Improvements for the Enclave at Red Top Unit 2 Subdivision as Complete RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The adoption of this resolution accepts the subdivision improvements for the Enclave at Red Top Unit 2 Subdivision Project as complete.
DISCUSSION
Albert D. Seeno Construction Company has completed all the required subdivision improvements for the Enclave at Red Top Unit 2 Subdivision under the subdivision improvement agreement (Agreement) approved by City Council on September 21, 2021, by Resolution No. 2021236. This second phase of the Enclave residential project provided roadway access and utility services to an additional 63 low density, singlefamily residential lots by extending existing infrastructure improvements, which were constructed with the first phase of the subdivision. The Agreement authorized the construction of all public improvements, including streets, underground utilities, and streetlights.
The staff has inspected the subdivision improvements and found them complete, following City standards and the requirements of the Agreement. The proposed resolution accepts the subdivision improvements as being complete, except for the obligation of Albert D. Seeno Construction Company to repair or reconstruct defective work for one year after final acceptance.
FINANCIAL IMPACT
Acceptance of the public improvements obligates the City to maintain the improvements, including streets, sidewalks, water, sewer, storm drainage, street lights, and appurtenant facilities. Water and sewer rates, sewer service fees, storm drainage maintenance fees, gas tax, and the General Fund will be used to offset the costs of services provided by the City. The development area was annexed to Community Facilities District (CFD) 20122 to provide funding for public safety services, open space operation, and park maintenance. The Landscape and Lighting Maintenance District (LLMD) #16 – Creekside at Cordelia provides maintenance of public lighting and landscaping within the Cordelia Packet Page 292 of 798
Agenda Item No: 21.AGENDA REPORTDATE:June 21, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022137 of the City Council of the City of Fairfield Accepting theSubdivision Improvements for the Enclave at Red Top Unit 2 Subdivision as CompleteRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe adoption of this resolution accepts the subdivision improvements for the Enclave at Red Top Unit 2Subdivision Project as complete.DISCUSSIONAlbert D. Seeno Construction Company has completed all the required subdivision improvements forthe Enclave at Red Top Unit 2 Subdivision under the subdivision improvement agreement (Agreement)approved by City Council on September 21, 2021, by Resolution No. 2021236. This second phase ofthe Enclave residential project provided roadway access and utility services to an additional 63 lowdensity, singlefamily residential lots by extending existing infrastructure improvements, which wereconstructed with the first phase of the subdivision. The Agreement authorized the construction of allpublic improvements, including streets, underground utilities, and streetlights.The staff has inspected the subdivision improvements and found them complete, following Citystandards and the requirements of the Agreement. The proposed resolution accepts the subdivisionimprovements as being complete, except for the obligation of Albert D. Seeno Construction Companyto repair or reconstruct defective work for one year after final acceptance.FINANCIAL IMPACTAcceptance of the public improvements obligates the City to maintain the improvements, includingstreets, sidewalks, water, sewer, storm drainage, street lights, and appurtenant facilities. Water andsewer rates, sewer service fees, storm drainage maintenance fees, gas tax, and the General Fund willbe used to offset the costs of services provided by the City. The development area was annexed toCommunity Facilities District (CFD) 20122 to provide funding for public safety services, open space operation, and park maintenance. The Landscape and Lighting Maintenance District (LLMD) #16 – Creekside at Cordelia provides maintenance of public lighting and landscaping within the Cordelia area. The various fronting property owners maintain all interior landscaping.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the council has any questions, the City may delay acceptance so that staff may provide the necessary additional information.
STAFF CONTACT
Roger Dunham, Public Works Construction Manager
(707) 4287478
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:
Description
Proposed Resolution
REVIEWERS:
Reviewer Action Date
Panganiban, Ryan Approved 6/6/2022 8:10 PM
Kaushal, Paul Approved 6/6/2022 8:41 PM
Beavers, Esther Approved 6/7/2022 10:57 AM
Beavers, Esther Approved 6/7/2022 10:59 AM
Packet Page 293 of 798
CITY OF FAIRFIELD
RESOLUTION NO. 2022-137
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ACCEPTING THE SUBDIVISION IMPROVEMENTS FOR THE ENCLAVE AT RED TOP UNIT 2 SUBDIVISION AS COMPLETE
WHEREAS, the City Council approved a subdivision improvement agreement with Albert D.
Seeno Construction Company for the required subdivision improvements for the Enclave at Red Top Unit 2 Subdivision on September 21, 2021, by Resolution No. 2021-236; and
WHEREAS, Albert D. Seeno Construction Company has completed all of the required improvements in accordance with the Subdivision Improvement Agreement approved by council.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The City of Fairfield hereby accepts the subdivision improvements as complete pursuant to the agreement between the City of Fairfield and Albert D. Seeno Construction Company, approved by council on September 21, 2021.
PASSED AND ADOPTED this 21st day of June, 2022, by the following vote:
AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
MAYOR
ATTEST:
____________________________
CITY CLERK
Packet Page 294 of 798Attachment 1 Page 1 of 1
Agenda Item No: 22.
AGENDA REPORT
DATE:June 21, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022138 of the City Council of the City of Fairfield Accepting the Gateway Boulevard Median Island Modification Project as Complete RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The adoption of this resolution accepts the Gateway Boulevard Median Island Modification Project as complete.
DISCUSSION
On September 7, 2021, the City adopted Resolution 2021218, approving a contract with Marina Landscape, Inc., for the Gateway Boulevard Median Island Modification Project (Project). The Project included permanently modifying the southbound leftturn pocket on Gateway Boulevard with an expanded landscape median. The City completed the Project on April 27, 2022.
The construction authorization for the Project was approved for $205,564. This amount included a total bid of $186,876 and a 10% contingency of $18,688. The final cost for the Project was $186,196, which is approximately 9% below the amount authorized for construction.
FINANCIAL IMPACT
Acceptance of the Project obligates the City to provide ongoing maintenance and repair of the improvements, which will be paid from the Landscaping and Lighting Maintenance District No. 1 – Fund (Fund 072, Division 68, Responsibility Code 001).
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If the City Council has any questions, the City may delay acceptance so that staff may provide the necessary additional information.
Packet Page 295 of 798
Agenda Item No: 22.AGENDA REPORTDATE:June 21, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022138 of the City Council of the City of Fairfield Accepting the GatewayBoulevard Median Island Modification Project as CompleteRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe adoption of this resolution accepts the Gateway Boulevard Median Island Modification Project ascomplete.DISCUSSIONOn September 7, 2021, the City adopted Resolution 2021218, approving a contract with MarinaLandscape, Inc., for the Gateway Boulevard Median Island Modification Project (Project). The Projectincluded permanently modifying the southbound leftturn pocket on Gateway Boulevard with anexpanded landscape median. The City completed the Project on April 27, 2022.The construction authorization for the Project was approved for $205,564. This amount included a totalbid of $186,876 and a 10% contingency of $18,688. The final cost for the Project was $186,196, whichis approximately 9% below the amount authorized for construction.FINANCIAL IMPACTAcceptance of the Project obligates the City to provide ongoing maintenance and repair of theimprovements, which will be paid from the Landscaping and Lighting Maintenance District No. 1 – Fund(Fund 072, Division 68, Responsibility Code 001).PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONIf the City Council has any questions, the City may delay acceptance so that staff may provide the necessary additional information.
STAFF CONTACT
Roger Dunham, Public Works Construction Manager
(707) 4287478
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:
Description
Proposed Resolution
REVIEWERS:
Reviewer Action Date
Panganiban, Ryan Approved 6/6/2022 8:10 PM
Kaushal, Paul Approved 6/6/2022 8:40 PM
Beavers, Esther Approved 6/7/2022 10:54 AM
Beavers, Esther Approved 6/7/2022 10:54 AM
Packet Page 296 of 798
CITY OF FAIRFIELD
RESOLUTION NO. 2022-138
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ACCEPTING THE GATEWAY
BOULEVARD MEDIAN ISLAND MODIFICATION PROJECT AS COMPLETE
WHEREAS, the City Council approved a contract with Marina Landscape, Inc., for the Gateway Boulevard Median Island Modification Project (Project) on September 7, 2021, by Resolution No. 2021-218; and
WHEREAS, Marina Landscape, Inc. has completed the Project in accordance with the contract approved by council.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The City of Fairfield hereby accepts the Project as complete pursuant to the agreement between the City of Fairfield and Marina Landscape, Inc., approved by council on September 7, 2021.
PASSED AND ADOPTED this 21st day of June, 2022, by the following vote:
AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
MAYOR
ATTEST:
____________________________
CITY CLERK
Packet Page 297 of 798Attachment 1 Page 1 of 1
Agenda Item No: 23.
AGENDA REPORT
DATE:June 21, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022139 of the City of Fairfield Authorizing the Levy of Special Taxes within Community Facilities District No. 1 for Fiscal Year 20222023 RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The adoption of this resolution authorizes the levy of the annual fiscal year (FY) 20222023 assessments for Community Facilities District No. 1 (CFD No. 1), which funds open space acquisition.
DISCUSSION
CFD No. 1 was formed in 1986, under the MelloRoos Community Facilities Act of 1982, to fund the acquisition of real property and/or interests in real property having an estimated useful life of five years or longer for open space purposes. The original formation resolutions require that the assessments be certified each year.
There are three development zones in CFD No. 1: Dunnell/Burton Zone (the Rolling Hills development), Rancho Solano Zone, and the Paradise Valley/Cement Ranch Zone. The annual assessment is $80 per singlefamily dwelling in each zone. This assessment is fixed and is not subject to yearly increases.
FINANCIAL IMPACT
The total proposed revenue for this district is $306,110, and the total proposed expenditures are $291,945, which will be paid from the CFD No. 1 Fairfield Open Space Fund (Fund 323, Division and Responsibility Code 99000) to the Solano Land Trust for the acquisition and preservation of open space.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If council has any questions regarding the adoption of this resolution, the City may reschedule this item until the next council meeting to allow staff to provide the necessary background information. However, Packet Page 298 of 798
Agenda Item No: 23.AGENDA REPORTDATE:June 21, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022139 of the City of Fairfield Authorizing the Levy of Special Taxes withinCommunity Facilities District No. 1 for Fiscal Year 20222023RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe adoption of this resolution authorizes the levy of the annual fiscal year (FY) 20222023assessments for Community Facilities District No. 1 (CFD No. 1), which funds open space acquisition.DISCUSSIONCFD No. 1 was formed in 1986, under the MelloRoos Community Facilities Act of 1982, to fund theacquisition of real property and/or interests in real property having an estimated useful life of five yearsor longer for open space purposes. The original formation resolutions require that the assessments becertified each year.There are three development zones in CFD No. 1: Dunnell/Burton Zone (the Rolling Hills development),Rancho Solano Zone, and the Paradise Valley/Cement Ranch Zone. The annual assessment is $80 persinglefamily dwelling in each zone. This assessment is fixed and is not subject to yearly increases.FINANCIAL IMPACTThe total proposed revenue for this district is $306,110, and the total proposed expenditures are$291,945, which will be paid from the CFD No. 1 Fairfield Open Space Fund (Fund 323, Division andResponsibility Code 99000) to the Solano Land Trust for the acquisition and preservation of openspace.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTION If council has any questions regarding the adoption of this resolution, the City may reschedule this item until the next council meeting to allow staff to provide the necessary background information. However, not approving this resolution may prevent the City from collecting assessments for the 20222023 tax year.
STAFF CONTACT
Chris Lewis, Management Analyst
(707) 4287089
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:
Description
Proposed Resolution
Exhibit A Assessments by Parcel
REVIEWERS:
Reviewer Action Date
Panganiban, Ryan Approved 6/6/2022 8:11 PM
Kaushal, Paul Approved 6/6/2022 8:41 PM
Beavers, Esther Approved 6/7/2022 11:02 AM
Beavers, Esther Approved 6/7/2022 11:04 AM
Packet Page 299 of 798
CITY OF FAIRFIELD
RESOLUTION NO. 2022-139
RESOLUTION OF THE CITY OF FAIRFIELD AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 1 FOR FISCAL YEAR 2022 -2023
WHEREAS, this City Council, by its Ordinance No. 86-19, adopted May 6, 1986, authorized the levy of special taxes within Community Facilities District No. 1 (CFD No. 1) of the City of Fairfield, all in accordance with the special tax formulas established by and co ntained in said ordinance; and
WHEREAS, said ordinance provided, in part, that the council was authorized in each year to determine the specified special tax and amount for each fiscal year, provided that such rate may not exceed the maximum set forth in said ordinance; and
WHEREAS, the amount of the specified special tax; and amount thereof for each of the lots, pieces and parcels of land within said CFD No. 1, for the Fiscal Year (FY) 2022-2023 is attached hereto as Exhibit “A” and is hereby made a part hereof.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The council hereby finds and determines that public convenience and necessity require that special taxes be levied by the district as including within Exhibit A.
Section 2. The public works director, or his designee, of this city is hereby authorized and directed to transmit a certified copy of this resolution and its exhibit to the auditor -controller of the County of Solano with a request that said special taxes be collected upon the tax roll for the FY 2022-2023 for the lots, pieces and parcels of land identified by said resolution and exhibit. Said auditor-controller may add to such taxes a suitable cost of the collection thereof upon said tax roll.
Section 3. The proceeds of the special taxes, excepting the costs of collection thereof, shall be remitted to the treasurer of this city for use as set forth in the proceedings taken with respect to CFD No. 1 by this council.
Packet Page 300 of 798Attachment 1 Page 1 of 2
RES. NO. 2022-139
PASSED AND ADOPTED this 21st day of June, 2022, by the following vote:
AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
MAYOR
ATTEST:
CITY CLERK
Packet Page 301 of 798Attachment 1 Page 2 of 2
COMMUNITY FACILITIES DISTRICT NO. 1
FISCAL YEAR 2022-23 ASSESSMENTS
PARCEL COUNT BOOK PAGE PARCEL AMOUNT
1 151 100 18 -$
2 151 100 19 -$
3 151 100 20 -$
4 151 110 5 -$
5 151 110 7 -$
6 151 110 9 -$
7 151 110 10 -$
8 151 110 11 -$
9 151 160 10 -$
10 151 160 19 -$
11 151 160 22 -$
12 151 301 1 80.00$
13 151 301 2 80.00$
14 151 301 3 80.00$
15 151 301 4 80.00$
16 151 301 5 80.00$
17 151 301 6 80.00$
18 151 301 7 80.00$
19 151 301 8 80.00$
20 151 301 9 80.00$
21 151 301 10 80.00$
22 151 301 11 80.00$
23 151 301 12 -$
24 151 301 13 80.00$
25 151 301 14 80.00$
26 151 301 15 80.00$
27 151 301 16 80.00$
28 151 301 17 80.00$
29 151 301 18 80.00$
30 151 301 19 80.00$
31 151 301 20 80.00$
32 151 301 21 80.00$
33 151 301 22 80.00$
34 151 301 23 80.00$
35 151 302 1 -$
36 151 302 2 80.00$
37 151 302 3 80.00$
38 151 302 4 80.00$
39 151 302 5 80.00$
40 151 302 6 80.00$
41 151 302 7 80.00$
42 151 302 8 80.00$
43 151 302 9 80.00$
44 151 302 10 80.00$
Exhibit A
Packet Page 302 of 798Attachment 2 Page 1 of 87
COMMUNITY FACILITIES DISTRICT NO. 1
FISCAL YEAR 2022-23 ASSESSMENTS
PARCEL COUNT BOOK PAGE PARCEL AMOUNT
45 151 302 11 80.00$
46 151 302 12 80.00$
47 151 302 13 80.00$
48 151 302 14 80.00$
49 151 302 15 80.00$
50 151 302 16 80.00$
51 151 302 17 80.00$
52 151 302 18 80.00$
53 151 302 19 80.00$
54 151 302 20 80.00$
55 151 303 1 80.00$
56 151 303 2 80.00$
57 151 303 3 80.00$
58 151 303 4 80.00$
59 151 303 5 80.00$
60 151 303 6 80.00$
61 151 303 7 80.00$
62 151 303 8 -$
63 151 311 1 -$
64 151 312 1 80.00$
65 151 312 2 80.00$
66 151 312 3 -$
67 151 313 1 80.00$
68 151 313 2 80.00$
69 151 313 3 80.00$
70 151 313 4 80.00$
71 151 313 5 80.00$
72 151 314 1 -$
73 151 314 2 80.00$
74 151 314 3 80.00$
75 151 314 4 80.00$
76 151 314 5 80.00$
77 151 314 6 80.00$
78 151 314 7 80.00$
79 151 314 8 80.00$
80 151 314 9 80.00$
81 151 314 10 80.00$
82 151 314 11 80.00$
83 151 314 12 80.00$
84 151 314 13 80.00$
85 151 314 14 80.00$
86 151 314 15 80.00$
87 151 314 16 80.00$
88 151 314 17 -$
Packet Page 303 of 798Attachment 2 Page 2 of 87
COMMUNITY FACILITIES DISTRICT NO. 1
FISCAL YEAR 2022-23 ASSESSMENTS
PARCEL COUNT BOOK PAGE PARCEL AMOUNT
89 151 314 18 80.00$
90 151 314 19 80.00$
91 151 314 20 80.00$
92 151 314 21 80.00$
93 151 314 22 80.00$
94 151 314 23 80.00$
95 151 314 24 80.00$
96 151 314 25 80.00$
97 151 314 26 80.00$
98 151 314 27 80.00$
99 151 314 28 80.00$
100 151 314 29 80.00$
101 151 314 30 80.00$
102 151 314 31 -$
103 151 314 32 80.00$
104 151 314 33 80.00$
105 151 314 34 80.00$
106 151 314 35 80.00$
107 151 314 36 80.00$
108 151 314 37 80.00$
109 151 314 38 80.00$
110 151 314 39 80.00$
111 151 314 40 80.00$
112 151 314 41 80.00$
113 151 314 42 80.00$
114 151 314 43 80.00$
115 151 314 44 80.00$
116 151 314 45 80.00$
117 151 314 46 80.00$
118 151 314 47 80.00$
119 151 314 48 80.00$
120 151 314 49 80.00$
121 151 314 50 80.00$
122 151 314 51 80.00$
123 151 314 52 80.00$
124 151 314 53 80.00$
125 151 314 54 80.00$
126 151 314 55 80.00$
127 151 321 1 -$
128 151 321 2 80.00$
129 151 321 3 80.00$
130 151 321 4 80.00$
131 151 322 1 80.00$
132 151 322 2 80.00$
Packet Page 304 of 798Attachment 2 Page 3 of 87
COMMUNITY FACILITIES DISTRICT NO. 1
FISCAL YEAR 2022-23 ASSESSMENTS
PARCEL COUNT BOOK PAGE PARCEL AMOUNT
133 151 322 3 80.00$
134 151 322 4 80.00$
135 151 322 5 80.00$
136 151 322 6 80.00$
137 151 322 7 80.00$
138 151 322 8 80.00$
139 151 323 1 -$
140 151 323 2 80.00$
141 151 323 3 80.00$
142 151 323 4 80.00$
143 151 323 5 80.00$
144 151 323 6 80.00$
145 151 323 7 80.00$
146 151 323 8 80.00$
147 151 323 9 80.00$
148 151 323 10 80.00$
149 151 324 1 80.00$
150 151 324 2 80.00$
151 151 324 3 80.00$
152 151 324 4 80.00$
153 151 324 5 80.00$
154 151 324 6 80.00$
155 151 324 7 80.00$
156 151 324 8 80.00$
157 151 324 9 80.00$
158 151 324 10 80.00$
159 151 325 1 80.00$
160 151 325 2 80.00$
161 151 325 3 80.00$
162 151 325 4 80.00$
163 151 325 5 80.00$
164 151 325 6 80.00$
165 151 325 7 80.00$
166 151 325 8 80.00$
167 151 325 9 80.00$
168 151 331 1 -$
169 151 331 2 80.00$
170 151 331 3 80.00$
171 151 331 4 80.00$
172 151 331 5 80.00$
173 151 331 6 80.00$
174 151 331 7 80.00$
175 151 331 8 80.00$
176 151 331 9 80.00$
Packet Page 305 of 798Attachment 2 Page 4 of 87
COMMUNITY FACILITIES DISTRICT NO. 1
FISCAL YEAR 2022-23 ASSESSMENTS
PARCEL COUNT BOOK PAGE PARCEL AMOUNT
177 151 331 10 80.00$
178 151 332 1 -$
179 151 332 2 80.00$
180 151 332 3 80.00$
181 151 332 4 80.00$
182 151 332 5 80.00$
183 151 332 6 80.00$
184 151 332 7 80.00$
185 151 332 8 80.00$
186 151 332 9 80.00$
187 151 332 10 80.00$
188 151 332 11 80.00$
189 151 332 12 80.00$
190 151 332 13 80.00$
191 151 332 14 80.00$
192 151 332 15 80.00$
193 151 332 16 80.00$
194 151 332 17 80.00$
195 151 332 18 80.00$
196 151 332 19 80.00$
197 151 332 20 80.00$
198 151 332 21 80.00$
199 151 332 22 80.00$
200 151 332 23 80.00$
201 151 332 24 80.00$
202 151 332 25 80.00$
203 151 332 26 80.00$
204 151 332 27 80.00$
205 151 332 28 80.00$
206 151 333 1 80.00$
207 151 333 2 80.00$
208 151 333 3 80.00$
209 151 341 1 -$
210 151 341 2 80.00$
211 151 341 3 80.00$
212 151 341 4 80.00$
213 151 341 5 80.00$
214 151 341 6 80.00$
215 151 341 7 80.00$
216 151 341 8 80.00$
217 151 341 9 80.00$
218 151 341 10 80.00$
219 151 341 11 80.00$
220 151 341 12 80.00$
Packet Page 306 of 798Attachment 2 Page 5 of 87
COMMUNITY FACILITIES DISTRICT NO. 1
FISCAL YEAR 2022-23 ASSESSMENTS
PARCEL COUNT BOOK PAGE PARCEL AMOUNT
221 151 341 13 80.00$
222 151 341 14 80.00$
223 151 341 15 80.00$
224 151 341 16 80.00$
225 151 341 17 80.00$
226 151 341 18 80.00$
227 151 341 19 80.00$
228 151 341 20 80.00$
229 151 341 21 80.00$
230 151 341 22 80.00$
231 151 341 23 80.00$
232 151 341 24 80.00$
233 151 342 1 -$
234 151 351 1 10.00$
235 151 351 2 80.00$
236 151 352 1 -$
237 151 353 1 -$
238 151 353 2 80.00$
239 151 353 3 80.00$
240 151 353 4 80.00$
241 151 353 5 80.00$
242 151 353 6 80.00$
243 151 354 1 80.00$
244 151 354 2 80.00$
245 151 354 3 80.00$
246 151 355 1 80.00$
247 151 355 2 80.00$
248 151 355 3 80.00$
249 151 355 4 80.00$
250 151 355 5 80.00$
251 151 355 6 80.00$
252 151 355 7 80.00$
253 151 355 8 80.00$
254 151 355 9 80.00$
255 151 355 10 80.00$
256 151 355 11 80.00$
257 151 355 12 80.00$
258 151 355 13 80.00$
259 151 360 2 -$
260 151 360 5 -$
261 151 370 4 -$
262 151 370 12 -$
263 151 381 1 80.00$
264 151 381 2 80.00$