HomeMy WebLinkAbout04-342 I in
Resolution No. 04-342
RESOLUTION
AUTHORIZING EXECUTION OF AN EQUIPMENT LEASE-PURCHASE AGREEMENT
WITH MOTOROLA, INC. FOR THE E911 CENTER AND CREATION OF AN
EMERGENCY OPERATIONS DISPATCH CENTER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that
David M. Dorgan, City Manager, be and is hereby authorized and directed to execute an Equipment
Lease-Purchase Agreement on behalf of the City of Elgin with Motorola, Inc. for upgrade and
enhancements to the E911 center and creation of an emergency operations dispatch center,a copy of
which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: December 15, 2004
Adopted: December 15, 2004
Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
MOTOROLA
November 15, 2004
Deputy Chief James Burns
CITY OF ELGIN
150 Dexter Court
Elgin,Il 60120
Dear Chief Burns:
Enclosed for your review, please find the Municipal Lease documentation in connection with the radio equipment
to be leased from Motorola. The interest rate and payment streams outlined in Equipment Lease-Purchase
Agreement#22620 are valid for contracts that are executed and returned to Motorola on or before December 23,
2004. After 12/23/04, the Lessor reserves the option to re-quote and re-price the transaction based on current
market interest rates.
Please have the documents executed where indicated and forward the documents to the following address:
Motorola Credit Corporation
Attn: Bill Stancik/5th Floor(SH5-B)
1301 E. Algonquin Rd
Schaumburg, IL 60196
Should you have any questions, please contact me at 847-538-4531.
Thank You,
MOTOROLA CREDIT CORPORATION
Bill Stancik
LESSEE FACT SHEET
Please help Motorola,Inc.provide excellent billing service by providing the following information:
1. Complete Billing Address CITY OF ELGIN
Attention:
Phone:
2. Lessee County Location:
3. Federal Tax I.D.Number
4. Purchase Order Number to be referenced on invoice(if necessary)or other"descriptions"that may assist in
determining the applicable cost center or department:
5. Equipment description that you would like to appear on your
invoicing:
Appropriate Contact for Documentation/System Acceptance Follow-up:
6. Appropriate Contact&
Mailing Address
Phone:
Fax:
7. Payment remit to address: Motorola Credit Corp.
P.O.Box 71132
Chicago IL 60694-1132
Thank you
EQUIPMENT LEASE-PURCHASE AGREEMENT
Lease Number: 22620
LESSEE: LESSOR:
CITY OF ELGIN Motorola, Inc.
150 Dexter Court 1301 E. Algonquin Rd.
Elgin,IL 60120 Schaumburg, IL 60196
Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor,the Equipment described in any
Schedule A now or hereafter attached hereto ("Equipment") in accordance with the following terms and conditions
of this Equipment Lease-Purchase Agreement ("Lease").
1. TERM. This Lease will become effective upon the execution hereof by Lessor. The Term of this
Lease will commence on date specified in Schedule A and unless terminated according to terms hereof or the
purchase option, provided in Section 18, is exercised this Lease will continue until the Expiration Date set forth in
Schedule B attached hereto ("Lease Term").
2. RENT. Lessee agrees to pay to Lessor or its assignee the Lease Payments (herein so called),
including the interest portion, in the amounts specified in Schedule B. The Lease Payments will be payable without
notice or demand at the office of the Lessor (or such other place as Lessor or its assignee may from time to time
designate in writing), and will commence on the first Lease Payment Date as set forth in Schedule B and thereafter
on each of the Lease Payment Dates set forth in Schedule B. Any payments received later than ten (10) days from
the due date will bear interest at the highest lawful rate from the due date. Except as specifically provided in
Section 5 hereof,the Lease Payments will be absolute and unconditional in all events and will not be subject to any
set-off, defense, counterclaim, or recoupment for any reason whatsoever. Lessee reasonably believes that funds
can be obtained sufficient to make all Lease Payments during the Lease Term and hereby covenants that it will do
all things lawfully within its power to obtain, maintain and properly request and pursue funds from which the Lease
Payments may be made, including making provisions for such payments to the extent necessary in each budget
submitted for the purpose of obtaining funding, using its bona fide best efforts to have such portion of the budget
approved and exhausting all available administrative reviews and appeals in the event such portion of the budget is
not approved. It is Lessee's intent to make Lease Payments for the full Lease Term if funds are legally available
therefor and in that regard Lessee represents that the Equipment will be used for one or more authorized
governmental or proprietary functions essential to its proper, efficient and economic operation.
3. DELIVERY AND ACCEPTANCE. Lessor will cause the Equipment to be delivered to Lessee at the
location specified in Schedule A ("Equipment Location"). Lessee will accept the Equipment as soon as it has been
delivered and is operational. Lessee will evidence its acceptance of the Equipment by executing and delivering to
Lessor a Delivery and Acceptance Certificate in the form provided by Lessor.
Even if Lessee has not executed and delivered to Lessor a Delivery and Acceptance Certificate, if Lessor believes
the Equipment has been delivered and is operational, Lessor may require Lessee to notify Lessor in writing (within
five (5) days of Lessee's receipt of Lessor's request) whether or not Lessee deems the Equipment (i) to have been
delivered and (ii) to be operational, and hence be accepted by Lessee. If Lessee fails to so respond in such five (5)
day period, Lessee will be deemed to have accepted the Equipment and be deemed to have acknowledged that the
Equipment was delivered and is operational as if Lessee had in fact executed and delivered to Lessor a Delivery
and Acceptance Certificate.
4. REPRESENTATIONS AND WARRANTIES. Lessor acknowledges that the Equipment leased
hereunder is being manufactured and installed by Motorola, Inc. pursuant to contract (the "Contract") covering the
Equipment. Lessee acknowledges that on or prior to the date of acceptance of the Equipment, Lessor intends to
sell and assign Lessor's right, title and interest in and to this Agreement and the Equipment to an assignee
("Assignee"). LESSEE FURTHER ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY SET FORTH IN THE
CONTRACT, LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY NATURE OR KIND
WHATSOEVER, AND AS BETWEEN LESSEE AND THE ASSIGNEE, THE PROPERTY SHALL BE ACCEPTED
BY LESSEE "AS IS" AND "WITH ALL FAULTS". LESSEE AGREES TO SETTLE ALL CLAIMS DIRECTLY WITH
LESSOR AND WILL NOT ASSERT OR SEEK TO ENFORCE ANY SUCH CLAIMS AGAINST THE ASSIGNEE.
NEITHER LESSOR NOR THE ASSIGNEE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER AS A RESULT OF THE LEASE OF THE
EQUIPMENT, INCLUDING WITHOUT UK8ITAT|ON, LOSS OF PROF[TS, PROPERTY DAMAGE OR LOST
PRODUCTION WHETHER SUFFERED BY LESSEE OR ANY THIRD PARTY.
Lessor is not responsible for, and shall not be liable to Lessee for damages relating to loss of value of the
Equipment for any cause or situation (including, without limitation, governmental actions or regulations or actions of
other third parties).
5. NON-APPROPRIATION OF FUNDS.Notwithstanding anything contained in this Lease to the conbary,
in the event the funds appropriated by Lessee's governing body or otherwise available by any means whatsoeverin
any fiscal period of Lessee for Lease Payments or other amounts due under this Lease are insufficient therefor,this
Lease shall terminate on the last day of the fiscal period for which appropriations were received without penalty or
expense to Lessee of any kind whatsoever, except as to the portions of Lease Payments or other amounts herein
agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. The Lessee
will immediately notify the Lessor or its Assignee of such occurrence. In the event of such termination, Lessee
agrees to peaceably surrender possession of the Equipment to Lessor or its Assignee on the date of such
termination, packed for shipment in accordance with manufacturer specifications and freight prepaid and insured to
any location in the continental United States designated by Lessor. Lessor will have all legal and equitable rights
and remedies to take possession of the Equipment. Notwithstanding the foregoing, Lessee agrees, to the extent
not prohibited by law, that it will not cancel this Lease under the provisions of this Section if any funds are
appropriated to it, or by it, for the ooqu|aibon, retention or operation of the Equipment for the fiscal period in which
such termination occurs or the next succeeding fiscal period thereafter.
6. LESSEE CERTIFICATION. Lessee represents, covenants and warrants that: (i) Lessee is a state or a
duly constituted political subdivision or agency of the state of the Equipment Location; (ii) the interest portion of the
Lease Payments shall be excludable from Lessor's gross income pursuant to Section 103 of the Internal Revenue
Code of 1986, as it may be amended from time to time ( the "Code"); (iii) the execution, delivery and performance
by the Lessee of this Lease have been duly authorized by all necessary action on the part of the Lessee; (iv) this
Lease constitutes a |ega|, valid and binding obligation of the Lessee enforceable in accordance with its terms; (v)
Lessee will comply with the information reporting requirements of Section 149(e) of the Code, and such compliance
shall include but not be limited to the execution of information statements requested by Lessor; (vi) Lessee will not
do or cause to be done any act which will cause, or by omission of any act allow, the Lease to be an arbitrage bond
within the meaning of Section 148(a) of the Code; (vii) Lessee will not do or cause to be done any act which will
cause, or by omission of any act allow, this Lease to be a private activity bond within the meaning of Section 141(a)
of the Code; (viii) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow,
the interest portion of the Lease Payments to be or become includiblo in gross income for Federal income taxation
purposes under the Code; and (ix) Lessee will be the only entity to own, use and operate the Equipment during the
Lease Term.
Lessee nepnaoen1o, covenants and warrants that (i) it will do or cause to be done all things necessary to
preserve and keep the Lease in full force and effect, (ii) it has complied with all public bidding and Bond
Commission requirements (as defined in the Code) where necessary and by due notification presented this Lease
for approval and adoption as a valid obligation on its part, and (iii) it has sufficient appropriations or other funds
available to pay all amounts due hereunder for the current fiscal period.
If Lessee breaches the covenant contained in this Section, the interest component of Lease Payments may
become includible in gross income of the owner or owners thereof for federal income tax purposes. In such event,
notwithstanding anything to the contrary contained in Section 11 of this Agreement, Lessee agrees to pay promptly
after any such determination of taxability and on each Lease Payment date thereafter to Lessor an additional
amount determined by Lessor to compensate such owner or owners for the loss of such exo/udibi|ity (inc|udinQ.
without |imitaUon, compensation relating to interest exponoe, penalties or additions to tax), which determination
shall be conclusive (absent manifest error). Notwithstanding anything herein to the contrary, any additional amount
payable by Lessee pursuant to this Section 6 shall be payable solely from Legally Available Funds.
It is Lessor's and Lessee's intention that this Agreement not constitute a "true" lease for federal income tax
purposes and, thmrmfona, it is Lessor's and Lessee's intention that Lessee be considered the owner of the
Equipment for federal income tax purposes.
7. TITLE TO EQUIPMENT; SECURITY INTEREST. Upon shipment of the Equipment to Lessee
hereunder, title to the Equipment will vest in Lessee; pnovidmd, however, that (i) in the event of termination of this
Lease by Lessee pursuant to Section 5 hereof; (ii) upon the occurrence of an Event of Default hereunder, and as
long as such Event of Default is continuing; or (iii) in the event that the purchase option has not been exercised
prior to the Expiration Date, title will immediately vest in Lessor or its Assignee. In order to secure all of its
.
obligations hereunder, Lessee hereby (i) grants to Lessor a first and prior security interest in any and all right, title
and interest of Lessee in the Equipment and in all additionm, attaohnnenta, aoogsaiono, and substitutions thereto,
and on any proceeds therefrom; (ii) agrees that this Lease may be filed as a financing statement evidencing such
security interest; and (iii) agrees to execute and deliver all financing o1a1ennmnto, certificates of title and other
instruments necessary or appropriate to evidence such security interest.
8. USE; REPAIRS. Lessee will use the Equipment in a careful manner for the use contemplated by the
manufacturer of the Equipment and shall comply with all laws, ordinances, insurance policies and regulations
relating to, and will pay all cootm, c|ainma, damages, fees and charges arising out of the pmyoamnion, use or
maintenance of the Equipment. Lessee, at its expense will keep the Equipment in good repair and furnish all parts,
mechanisms and devices required therefor.
9. ALTERATIONS. Lessee will not make any alterations, additions or improvements to the Equipment
without Lessor's prior written consent unless such alterations, additions or improvements may be readily removed
without damage to the Equipment.
10. LOCATION; INSPECTION. The Equipment will not be removed from, [or if the Equipment consists of
rolling stock, its permanent base will not be changed from] the Equipment Location without Lessor's prior written
consent which will not be unreasonably withheld. Lessor will be entitled to enter upon the Equipment Location or
elsewhere during reasonable business hours to inspect the Equipment or observe its use and operation.
11. LIENS AND TAXES. Lessee shall keep the Equipment free and clear of all levies, liens and
encumbrances except those created under this Lease. Lessee shall pay, when due, all charges and taxes (local,
state and federal) which may now or hereafter be imposed upon the ownership, leasing, ngnta|, sale, purchaaw,
possession or use of the Equ)pnngni, excluding hmvvgvar, all taxes on or measured by Lessors income. If Lessee
fails to pay said charges and taxes when due. Lessor shall have the right, but shall not be mb|igated, to pay said
charges and taxes. If Lessor pays any charges or taxes, Lessee shall reimburse Lessor therefor within ten days of
written demand.
12. RISK OF LOSS: DAMAGE; DESTRUCTION. Lessee assumes all risk of loss or damage to the
Equipment from any cause whatomenar, and no such loss of or damage to the Equipment nor defect therein nor
unfitness or obsolescence thereof shall relieve Lessee of the oblim1io to makeLaomePaymantmmr1oparfornnany
other obligation under this Lease. In the event of damage to any item of Equipment, Lessee will immediately place
the same in good repair with the proceeds of any insurance recovery applied to the cost of such repair. If Lessor
determines that any item of Equipment is lost, stolen, destroyed or damaged beyond repair, Lessee at the option of
Lessor will: either (a) replace the same with like equipment in good repair; or (b) on the next Lease Payment date,
pay Lessor the sum of : (i) all amounts then owed by Lessee to Lessor under this Lease, including the Lease
payment due on such date; and (ii) an amount equal to all remaining Lease Payments to be paid during the Lease
Term as set forth in Schedule B.
In the event that Lessee is obligated to make such payment with respect to less than all of the Equipment,
Lessor will provide Lessee with the pro rata amount of the Lease Payment and the Balance Payment (as set forth
in Schedule B) to be made by Lessee with respect to that part of the Equipment which has suffered the Event of
Loss.
13. INSURANCE. Lessee will, at its oxpmnae, maintain at all times during the Lease Term, self-
insurance against fire, public liability and property damage insurance with respect to the equipment in such
amounts and covering such risks as shall be reasonably satisfactory to Lessor. Lessee will furnish Lessor with a
letter or certificate indicating the existence of such self-insurance. In the event of any loss, dannaga, injury or
accident involving the Equipment, Lessee will promptly provide Lessor with written notice thereof and make
available to Lessor all information and documentation relating thereto.
14. INDEMNIFICATION. Lessee shall, to the extent permitted by law, indemnify Lessor against, and
hold Lessor harmless frono, any and all claims, actions, pnooeed)nQm, expenses, damages or |iabi|dimm, including
court nosto, arising in connection with the Equip,nent, ino{udinQ, but not limited to, its selection, punuhaoe. delivery,
possession, use, operation, rejection, orretunnundtherecov*ryofc(ainmounderinounancmpo|k:iesthereon.
15. ASSIGNMENT. Without Lessor's prior written conoent. Lessee will not either (i) assign, transfer,
p|mdgn, hypothacete, grant any security interest in or otherwise dispose of this Lease or the Equipment or any
interest in this Lease or the Equipment or; (ii) sublet or lend the Equipment or permit it to be used by anyone other
than Lessee or Lessee's employees. Lessor may assign its righ1n. title and interest in and to this Lease, the
Equipment and any documents executed with respect to this Lease and/or grant or assign a security interest in this
Lease and the Equipment, in whole or in part. Any such assinees shall have all of the rightscfLemoorunder1hia
Lease. Subject to the foregoing, this Lease inures to the benefit of and is binding upon the heirn, exooub/ro,
administrators,successors and assigns of the parties hereto.
Lessee covenants and agrees not to assert against the Assignee any claims or defenses by way of
abatement, setoff, counterclaim, recoupment or the like which Lessee may have against Lessor. No assignment or
reassignment of any Lessor's right, title or interest in this Lease or the Equipment shall be effective unless and until
Lessee shall have received a notice of ameignrnent, disclosing the name and address of each such assignee;
provided, hovvever, that if such assignment is made to a bank or trust company as paying or escrow agent for
holders of certificates of participation in the Lease, it shall thereafter be sufficient that a copy of the agency
agreement shall have been deposited with Lessee until Lessee shall have been advised that such agency
agreement is no longer in effect. During the Lease Term Lessee shall keep a complete and accurate record of all
such assignments in form necessary to comply with Section 149(a) of the Code, and the n*Qu|a1iono, proposed or
existing, from time to time promulgated thereunder. No further action will be required by Lessor or by Lessee to
evidence the assignment, but Lessee will acknowledge such assignments in writing if so requested.
After notice of such assignment, Lessee shall name the Assignee as additional insured and loss payee in
any insurance policies obtained or in force. Any Assignee of Lessor may reassign this Lease and its interest in the
Equipment and the Lease Payments to any other person who, thereupon, shall be deemed to be Lessor's Assignee
hereunder.
16. EVENT OF DEFAULT. The term "Event of Oefau|t", as used henain, means the occurrence of
any one or more of the following events: (i) Lessee fails to make any Lease Payment (or any other payment) as it
becomes due in accordance with the terms of the Lease, and any such failure continues for ten (10) days after the
due date thereof; (ii) Lessee fails to perform or observe any other covenant, condidon, or agreement to be
performed or observed by it hereunder and such failure is not cured within twenty (20) days after written notice
thereof by Lessor; (iii) the discovery by Lessor that any statement, representation, or warranty made by Lessee in
this Lease or in writing ever delivered by Lessee pursuant hereto or in connection herewith is false, misleading or
erroneous in any material respect; (iv) proceedings under any bankruptcy, insolvency, reorganization or similar
legislation shall be instituted against or by Lessee, or a receiver or similar officer shall be appointed for Lessee or
any of its property, and such proceedings or appointments shall not be vacated, or fully stayed, within twenty (20)
days after the institution or occurrence thereof; or (v) an attachment, levy or execution is threatened or levied upon
or against the Equipment.
17. REMEDIES. Upon the occurrence of an Event of Default, and as long as such Event of Default
is continuing, Lessor may, at its option, exercise any one or more of the following remedies: (i) by written notice to
Lessee, declare all amounts then due under the Leame, and all remaining Lease Payments due during the Fiscal
Year in effect when the default occurs to be immediately due and payab|e, whereupon the same shall become
immediately due and payable; (ii) by written notice to Lessee, request Lessee to (and Lessee agrees that it will), at
Lessee's expense, promptly return the Equipment to Lessor in the manner set forth in Section 5 hereof; (iii) sell or
lease the Equipment or sublease it for the account of Lessee, holding Lessee liable for all Lease Payments and
other amounts due prior to the effective date of such selling, leasing or subleasing and for the difference between
the purchase pr|oe, rental and other amounts paid by the purchaser, Lessee or sublessee pursuant to such sale,
lease or sublease and the amounts payable by Lessee hereunder; and (iv) exercise any other right, remedy or
privilege which may be available to it under applicable laws of the state of the Equipment Location or any other
applicable law or proceed by appropriate court action to enforce the terms of the Lease or to recover damages for
the breach of this Lease or to rescind this Lease as to any or all of the Equipment. In addition, Lessee will remain
liable for all covenants and indemnities under this Lease and for all legal fees and other costs and expenses,
including court costs, incurred by Lessor with respect to the enforcement of any of the remedies listed above or any
other remedy available to Lessor.
18. PURCHASE OPTION. Upon thirty (30) days prior written notice from Lessee to Lmmaor, and
provided that no Event of Default has occurred and is continuing, or no event, which with notice or lapse of time, or
both could become an Event of Default, then exists, Lessee will have the right to purchase,the Equipment on the
Lease Payment dates set forth in Schedule B by paying to Laaoor, on such date, the Lease Payment then due
together with the Balance Payment amount set forth opposite such date. Upon satisfaction by Lessee of such
purchase conditions, Lessor will transfer any and all of its right, title and interest in the Equipment to Lessee as is,
without warranty, express or implied, except that the Equipment is free and clear of any liens created by Lessor.
19. NOTICES. All notices to be given under this Lease shall be made in writing and mailed by certified
mail, return receipt requested, to the other party at its address set forth herein or at such address as the party may
provide in writing from time to time. Any such notice shall be deemed to have been received five days subsequent
to such mailing.
20. SECTION HEADINGS. All section headings contained herein are for the convenience of
reference only and are not intended to define or limit the scope of any provision of this Lease.
21. GOVERNING LAW. This Lease shall be governed by and subject to the laws of the State of
Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with
this agreement shall be in the Circuit Court of Kane County, Illinois.
22. DELIVERY OF RELATED DOCUMENTS. Lessee will execute or provide, as requested by Lessor,
such other documents and information as are reasonably necessary with respect to the transaction contemplated
by this Lease.
23. SEVERABILITY. The terms of this agreement shall be severable. In the event any of the terms or
provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of
this agreement shall remain in full force and effect.
24. ENTIRE AGREEMENT; WAIVER. This Lease, together with the Delivery and Acceptance Certificate
and other attachments hereto, and other documents or instruments executed by Lessee and Lessor in connection
herewith,constitutes the entire agreement between the parties with respect to the Lease of the Equipment, and this
Lease shall not be modified, amended, altered, or changed except with the written consent of Lessee and Lessor.
Any provision of the Lease found to be prohibited by law shall be ineffective to the extent of such prohibition without
invalidating the remainder of the Lease.
The waiver by Lessor of any breach by Lessee of any term, covenant or condition hereof shall not operate
as a waiver of any subsequent breach thereof.
25. EXECUTION IN COUNTERPARTS.This Lease may be executed in several counterparts, each of
which shall be deemed an original and all of which shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the 17-r14- day of lit c-E-003620 05" •
LESSEE: LESSOR:
CITY OF ELGIN MOTOROLA, INC. Ai
By: "2"Aai ..........
8 stelb•
____
Title: Ci Ty /n 4,47 A o -6:72 Title: k-ji-c_c.- 1,/-c•-• .- [-
OPINION OF COUNSEL
With respect to that certain Equipment Lease-Purchase Agreement dated( 7 e.- e1Sy and between
1Pr•-.
Motorola, Inc. and the Lessee, I am of the opinion that: (i) the Lessee is, within the eaning of Section 103 of the
Internal Revenue Code of 1986, a state or a fully constituted political subdivision or agency of the State of the
Equipment Location described in Schedule A hereto; (ii) the execution, delivery and performance by the Lessee of
the Lease have been duly authorized by all necessary action on the part of the Lessee, (III) the Lease constitutes a
legal, valid and binding obligation of the Lessee enforceable in accordance with its terms; and (iv) Lessee has
sufficient monies available to make all payments required to be paid under the Lease during the current fiscal year
of the Lease, and such monies have been properly budgeted and appropriated for this purpose in accordance with
State law.
Attorney for CITY OF ELGIN
SCHEDULE A
EQUIPMENT LEASE-PURCHASE AGREEMENT
Schedule A 22620
Lease Number:
This Equipment Schedule dated as of is being executed by MOTOROLA, INC. ("Lessor") and
CITY OF ELGIN (Lessee"), as a supplement to, and is hereby attached to and made a part of that certain
Equipment Lease-Purchase Agreement Number 22620 dated as of ("Lease"), between Lessor and
Lessee.
Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby accepts and leases
from Lessor under and pursuant to the Lease, subject to and upon the terms and conditions set forth in the Lease
and upon the terms set forth below, the following items of Equipment
QUANTITY DESCRIPTION (Manufacturer, Model,and Serial Nos.)
Refer to attached Equipment List.
Equipment Location:
Initial Term: 25 Months Commencement Date: 1/1/2005
First Payment Due Date: 2/1/2005
3 Annual Payments ($400,000.00 due 2/1/2005,$300,000.00 due 2/1/2006 and $504,949.84 due 2/1/2007) as
outlined in the attached Schedule B,plus Sales/Use Tax of$0.00, payable on the Lease Payment Dates set forth
in Schedule B.
EXECUTED as of the date first herein set forth.
LESSEE: LFSSOR:
City of Elgin Motorola, Inc.
By: — g244' .
•
Title: Title: (--) c 3
THE CITY OF ELGIN EQUIPMENT LIST
E-911 AND CONSOLE UPGRADE SECTION 7
ELGIN DISPATCH CONSOLE, VESTA 911 & WATSON FURNITURE
Item Oty Nomenclature Description
Control Stations for the EOC
1 5 MO1MX MCS2000 MIDSPEC MOBILE
1 a 5 812W 800MHZ 10-15W 1
1b 5 H37 ENH: SFWR SMARTNET SYSTEM
1c 5 G325 DEL: ANTENNA NOT REQUIRED
1d 5 B71 DEL: MICROPHONE STANDARD PALM
2 5 HPN4002 POWER SUPPLY 14V 10 AMP 117/240 VAC
3 5 L3276 TONE REMOTE ADAPTER
4 1 CDN6579 1/2" N MALE PLATED S FLEX
5 50 L1702 1/2" SUPERFLEX POLY JKT PER FOOT
6 1 CDN6579 1/2" N MALE PLATED S FLEX
7 1 RRX4027 ISB5OHNC2 BULKHEAD ARRESTOR 125-100
8 1 DSL4PNMRC 1/2" N MALE RING FLARE CONN
9 50 L1705 1/2" LDF HELIAX POLY JKT PER FT
10 1 DSL4PNMRC 1/2" N MALE RING FLARE CONN
11 1 TDF6321 ANTENNA 806-866MHZ OMNI 4DB CWA
12 1 CDN6579 1/2" N MALE PLATED S FLEX
13 50 L1702 1/2" SUPERFLEX POLY JKT PER FOOT
14 1 CDN6579 1/2" N MALE PLATED S FLEX
15 1 RRX4027 ISB5OHNC2 BULKHEAD ARRESTOR 125-100
16 1 DSL4PNMRC 1/2" N MALE RING FLARE CONN
17 50 L1705 1/2" LDF HELIAX POLY JKT PER FT
18 1 DSL4PNMRC 1/2" N MALE RING FLARE CONN
19 1 TDF6322 ANTENNA 820-880MHZ OMNI 4DB CWA
20 8 TDN8958 1/4" CONN MINI UHF MALE S FLEX
21 1 TDN8958 1/4" CONN MINI UHF MALE S FLEX
22 120 L1700 1/4" SUPERFLEX POLY JKT PER FOOT
23 8 TDN9714 1/4" CONN N MALE S FLEX PLTD
24 1 TDN9714 1/4" CONN N MALE S FLEX PLTD
25 3 M01 MX MCS2000 MIDSPEC MOBILE
25a 3 513W VHF 1-25W I
25b 3 H35 ENH: CONVENTIONAL SOFTWARE
25c 3 G325 DEL: ANTENNA NOT REQUIRED
25d 3 B71 DEL: MICROPHONE STANDARD PALM
26 3 HPN4002 POWER SUPPLY 14V 10 AMP 117/240 VAC
27 3 L3276 TONE REMOTE ADAPTER
28 4 TDN8958 1/4" CONN MINI UHF MALE S FLEX
29 80 L1700 1/4" SUPERFLEX POLY JKT PER FOOT
30 4 TDN9714 1/4" CONN N MALE S FLEX PLTD
31 1 CDN6579 1/2" N MALE PLATED S FLEX
32 50 L1702 1/2" SUPERFLEX POLY JKT PER FOOT
33 1 CDN6579 1/2" N MALE PLATED S FLEX
34 1 RRX4027 ISB5OHNC2 BULKHEAD ARRESTOR 125-100
35 1 DSL4PNMRC 1/2" N MALE RING FLARE CONN
MOTOROLA Section 7,Page 1
Use or disclosure of this proposal is subject to the restrictions on the title page.
THE CITY OF ELGIN EQUIPMENT LIST
E-911 AND CONSOLE UPGRADE SECTION 7
36 50 L1705 1/2" LDF HELIAX POLY JKT PER FT
37 1 DSL4PNMRC 1/2" N MALE RING FLARE CONN
38 1 DSBA10121 ANTENNA BASE STA OMDIR 144-162MHZ
39 1 CDN6579 1/2" N MALE PLATED S FLEX
40 50 L1702 1/2" SUPERFLEX POLY JKT PER FOOT
41 1 CDN6579 1/2" N MALE PLATED S FLEX
42 1 RRX4027 ISB5OHNC2 BULKHEAD ARRESTOR 125-100
43 1 DSL4PNMRC 1/2" N MALE RING FLARE CONN
44 50 L1705 1/2" LDF HELIAX POLY JKT PER FT
45 1 DSL4PNMRC 1/2" N MALE RING FLARE CONN
46 1 DSBA10121 ANTENNA BASE STA OMDIR 144-162MHZ
47 2 FLN2912AR R750PLUS HARD INSTALL CAR KIT
48 2 AAH44UCH6RS6 N R750+ 806-870MHZ 1W 12.5/25K
48a 2 Q494 AIRINC SP BATT NO CHARG 1W 800
48b 2 0541 STD PROGRAMMING
49 2 5880313B69 ADAPTOR SMA FEMALE TO BNC F
50 2 DQR750CNSLCBL RJ45F-(W/COUPLER)-6POS/2POS CABLE,
51 1 RLN4791A VENTILATED SHELF
52 1 BLN6200 AC POWER STRIP, 6 OUTLET
53 1 DSB1248AB CENTRACOM GOLD PANEL, BLANK, 10.5"
54 1 0182643X01 CEB INTERFACE
55 1 HPN4004 POWER SUPPLY UNIT 230V
56 1 TDN9715 1/4" CONN BNC MALE S FLEX PLTD
57 50 L1700 1/4" SUPERFLEX POLY JKT PER FOOT
58 1 TDN9714 1/4" CONN N MALE S FLEX PLTD
59 1 RRX4027 ISB5OHNC2 BULKHEAD ARRESTOR 125-100
60 1 DSL4PNMRC 1/2" N MALE RING FLARE CONN
61 50 L1705 1/2" LDF HELIAX POLY JKT PER FT
62 1 DSL4PNMRC 1/2" N MALE RING FLARE CONN
63 1 TDF6481 ANTENNA 800 OMNI NFE UNITY GAIN, 80
64 1 TDN9715 1/4" CONN BNC MALE S FLEX PLTD
65 50 L1700 1/4" SUPERFLEX POLY JKT PER FOOT
66 1 TDN9714 1/4" CONN N MALE S FLEX PLTD
67 1 RRX4027 ISB5OHNC2 BULKHEAD ARRESTOR 125-100
68 1 DSL4PNMRC 1/2" N MALE RING FLARE CONN
69 50 L1705 1/2" LDF HELIAX POLY JKT PER FT
70 1 DSL4PNMRC 1/2" N MALE RING FLARE CONN
71 1 TDF6481 ANTENNA 800 OMNI NFE UNITY GAIN, 80
72 13 RLN4791A VENTILATED SHELF
73 2 RLN4791A VENTILATED SHELF
74 2 TRN7343 SEVEN AND A HALF FOOT RACK
75 1 TRN7343 SEVEN AND A HALF FOOT RACK
76 2 BLN6200 AC POWER STRIP, 6 OUTLET
77 2 BLN6200 AC POWER STRIP, 6 OUTLET
CENTRACOMTM Gold Elite Console Equipment
78 1 B1811 BF CENTRACOM GOLD CENTRAL ELECTRONICS
78d 1 K259 ADD: CABLE, 25-PAIR, 15 FOOT AND PU
MOTOROLA Section 7,Page 2
Use or disclosure of this proposal is subject to the restrictions on the title page.
THE CITY OF ELGIN EQUIPMENT LIST
E-911 AND CONSOLE UPGRADE SECTION 7
78e 1 K831 ADD: CARD CAGE, AUXILIARY
79 1 B1840 CENTRACOM GOLD INTERFACE MODULE FOR
83 1 Q4002 LOCAL IDEN INTRFC TO ELITE
84 1 Q4002 LOCAL IDEN INTRFC TO ELITE
108 1 B1813 CENTRACOM GOLD SPARE MODULE, CONSOL
109 1 BLN7011 C CEB TIMER-OUT
110 1 BLN6845C BOARD AUDIO EXPANSION INTERFACE-OUT
111 1 BFN6008B FILTER AUDIO-OUT
112 1 B1840 CENTRACOM GOLD INTERFACE MODULE FOR
112a 1 K756 INT: SHIP LOOSE PACKING (FOR SPEAKE
113 1 B1841 CENTRACOM GOLD INTERFACE MODULE FOR
113a 1 K756 INT: SHIP LOOSE PACKING (FOR SPEAKE
114 1 B1850BA CENTRACOM GOLD INTERFACE MODULES FO
115 1 B1850BB CENTRACOM GOLD INTERFACE MODULES FO
116 1 B1849B CENTRACOM GOLD INTERFACE MODULES FO
116a 1 K553AA ENH: SMARTNET II
122a 27 X597AE ADD: SOFTWARE LICENSE, CONVENTIONAL
122b 5 X293 ADD: SOFTWARE LICENSE, ELITE OPERAT
122c 2 X397AA ADD: SOFTWARE LICENSE, IDEN CHANNEL
122d 5 X296 ADD: SOFTWARE LICENSE, SMARTNET CHA
123 1 B1822B CENTRACOM GOLD ELITE INTERFACE ELEC
123q 1 K704AE ADD: HEADSET JACK, #2 W/13 FOOT CAB
123r 1 K570AE ADD: HEADSET JACK, W/13 FOOT CABLE
123s 1 K572AF ADD: FOOTSWITCH
123t 1 K703 ADD: MICROPHONE, GOOSENECK, 9 INCH
123u 1 K154AJ ADD: 100 CBL 7 PAIR
160 1 B1822B CENTRACOM GOLD ELITE INTERFACE ELEC
160q 1 K704AE ADD: HEADSET JACK, #2 W/13 FOOT CAB
160r 1 K570AE ADD: HEADSET JACK,W/13 FOOT CABLE
160s 1 K572AF ADD: FOOTSWITCH
160t 1 K703 ADD: MICROPHONE, GOOSENECK, 9 INCH
160u 1 K154AJ ADD: 100 CBL 7 PAIR
197 1 B1822B CENTRACOM GOLD ELITE INTERFACE ELEC
197q 1 K704AE ADD: HEADSET JACK, #2 W/13 FOOT CAB
197r 1 K570AE ADD: HEADSET JACK,W/13 FOOT CABLE
197s 1 K572AF ADD: FOOTSW ITCH
197t 1 K703 ADD: MICROPHONE, GOOSENECK,9 INCH
197u 1 K154AJ ADD: 100 CBL 7 PAIR
234 1 B1822B CENTRACOM GOLD ELITE INTERFACE ELEC
234q 1 K704AE ADD: HEADSET JACK, #2 W/13 FOOT CAB
234r 1 K570AE ADD: HEADSET JACK,W/13 FOOT CABLE
234s 1 K572AF ADD: FOOTSW ITCH
234t 1 K703 ADD: MICROPHONE, GOOSENECK, 9 INCH
234u 1 K154AJ ADD: 100 CBL 7 PAIR
271 1 B1822B CENTRACOM GOLD ELITE INTERFACE ELEC
271q 1 K704AE ADD: HEADSET JACK, #2 W/13 FOOT CAB
271r 1 K570AE ADD: HEADSET JACK,W/13 FOOT CABLE
271s 1 K572AF ADD: FOOTSWITCH
MOTOROLA Section 7,Page 3
Use or disclosure of this proposal is subject to the restrictions on the title page.
THE CITY OF ELGIN EQUIPMENT LIST
E-911 AND CONSOLE UPGRADE SECTION 7
271t 1 K703 ADD: MICROPHONE, GOOSENECK, 9 INCH
271 u 1 K385AB EHN: SUPERVISOR CONTROL, PRIMARY LE
271v 1 K154AJ ADD: 100 CBL 7 PAIR
308 1 L3429A GOLD ELITE SERVER
309 1 DSJ4813A HP PROCURVE SWITCH 2524
310 1 DS9188 ETHERNET TIME SERVER
311 5 DSPWR100012 STANDARD IEC AC POWER CORD 12 FOOT
312 5 DSPCM250006 PS/2 KEY/MOUSE EXT MINI DIN 6FT
313 1 DS9188 ETHERNET TIME SERVER
314 1 DS86230900301 BASE UNIT, LAN/LAN - RDNT(862309-0
315 1 DS86230900401 EXPANSION SHELF-RDNT (862309-00401)
316 2 DDN7135 CARD COMBO 4/16 -862311-00101
317 4 DDN7934 CARD, 8-PORT GATM (862304-01001)
Plant 911 Vesta Pallas Equipment
318 7 DDN7141 LAN CTE, 1 SEAT- 872399-00101
319 8 DDN7188 TELEPHONE, 16-BUTTON -862306-00201
320 32 DDN7935 T24-24 BUTTON KIM (862308-00801)
321 1 DDN7555 MTU BASE UNIT 852204-00101
322 1 DDN7219 REDUNDANT PKG - MTU -852204-00201
323 5 DDN7151 ACTIVE CAMA MODULE (852210-00401)
324 1 DDN7165 COMPAQ MINI SERVER -62001-E256202
325 1 DDN6416 17 INCH COMPAQ MONITOR (63001-17280
326 1 DDN7179 HARD DRIVE 73G 10K-6400C-20012
327 1 DDN7180 HD FRAME/CARRIER 73G DR -65000-000
328 1 DDN7431 CABLE 68-PIN HD ULT WD SCSI (04000-
329 7 DDN7667 WORKSTATION INTEGRATED XP, HP(6100
330 1 DS87089007501 CPR/SYSPREP IMAGING CD (RESTORE& R
331 7 DDN6157 4-CHANNEL, PCI SOUND CARD-04000-0LX
332 34 DDN7561 MONITOR, 19IN FP BLK NEC (63002-192
334 7 DDN7183 AUDIO CONTROL UNIT (ACU) -850808-0
335 1 DDN7255 PALLAS EQUIPMENT RACK 19 INCH (0650
336 1 DDN7147 VESTA PALLAS PERIPHERAL EQUIPMENT-
337 1 DDN6389 MODEM SERVER PACKAGE-850830-01501
338 1 DDN6186 PRINTER, HP COLOR (64040-60012)
339 1 DDN7678 CABLE, PRINT PARALLEL 10FT (65000-0
340 7 DDN7937 CABLE, 10FT EXT K/M/M (65000-00016)
341 1 DDN7158 VESTA PALLAS SOFTWARE/DOCUMENT-87
342 6 DDN7159 VESTA PALLAS LICENSE -870899-03103
343 1 DDN6149 VESTA, ALI INTERFACE MODULE-870809-
344 1 DDN6150 VESTA, CAD INTERFACE MODULE-870809-
345 1 DDN7152 MTU FIRMWARE -872299-00101
346 1 DDN7177 SERVER WINDOWS 2003 +10 CAL (PK) -
347 1 DS871299-00102.6 MAGIC 2.6 SFTW/DOC CD
348 7 DS871299-01101 MAGIC DATA COLLECTION LIC
349 7 DS809800-01205 MAGIC SW SPT THRU YR 1
350 7 DDN6383 MAGIC LICENSE ONLY-871299-00201
351 1 DDN6384 HP SERVER, ENHANCED TOWER (62031-F5
MOTOROLA Section 7,Page 4
Use or disclosure of this proposal is subject to the restrictions on the title page.
THE CITY OF ELGIN EQUIPMENT LIST
E-911 AND CONSOLE UPGRADE SECTION 7
352 2 DDN6469 HARD DRUVE, 36G 10K CPQ (64001-2003
353 1 DDN7179 HARD DRIVE 73G 10K- 6400C-20012
354 1 DDN7180 HD FRAME/CARRIER 73G DR - 65000-000
355 1 DSO4000-00266 SVR EMB SQL2000
356 1 DSO4000-00267 EMBED SQL CLIENT 2000 LICENSE
357 1 DDN7177 SERVER WINDOWS 2003 +10 CAL (PK) -
358 1 DDN6400 MAGIC SERVER CONFIGURATION SERVICE-
359 1 DDN7656 RACK, EQUIP SERVER 23INCH (06500-21
360 1 DDN6178 CABLE PATCH 3FT (PANEL TO HUB)-6500
362 1 DDN7183 AUDIO CONTROL UNIT (ACU) -850808-0
363 1 DDN7188 TELEPHONE, 16-BUTTON -862306-00201
364 1 DDN7135 CARD COMBO 4/16 - 862311-00101
365 1 DDN7934 CARD, 8-PORT GATM (862304-01001)
366 1 DDN7151 ACTIVE CAMA MODULE (852210-00401)
367 1 DDN7935 T24-24 BUTTON KIM (862308-00801)
368 1 DDN7144 VESTA PALLAS CONFIGURATION -809800
369 7 DDN7145 VESTA PALLAS STAGING -809800-80400
370 1 DDN6148 VESTA SERVER CONFIGURATION-809800-7
371 7 DDN6156 VESTA WORKSTATION CONFIGURATION SER
372 1 DDN6314 MISSION CONTROL ACTIVATION FEE OR
373 1 DDN7153 SUPPORT THRU YEAR 1 MTU FIRMWARE -
374 7 DDN7160 SUPPORT THRU YEAR 1 VESTA PALLAS -
375 1 DDN7193 MISSION CONTROL 1 YEAR VESTA PALLAS
376 1 DDN7192 MISSION CONTROL 1 YEAR MTU SUPPORT
377 1 DDN7190 MISSION CONTROL 1 YEAR SERVER SUPPO
378 7 DDN7191 MISSION CONTROL 1 YEAR WORKSTATION
379 1 DDN7194 VESTA PALLAS TRAINING -4 DAYS (CL)
380 2 DDN7213 VESTA PALLAS AGENT TRAINING -6501
381 1 DS86231100701 MEDIA SERVICE CARD, FRU (862311-007
CAD Workstations-for 5 integrated positions
382 5 BOULDER CAD Workstations
383 1 BOULDER Premier CAD/CENTRACOM Gold Elite Interface
Watson Furniture
384 1 DQWATSONELGIN ELGIN 7POS WATSON
385 1 DQWATSONDELIVERY ELGIN WATSON DELIVERY
External Tape Drive for 911
386 1 DS6400C-50017 Tape Backup SDLT internal
387 1 DS65000-00083 Tape cleaning SDLT
388 1 DDN6399 TAPE SDLT CARTRIDGE (65000-00082)
MOTOROLA Section 7,Page 5
Use or disclosure of this proposal is subject to the restrictions on the title page.
12/08/2004 Page 1
City of Elgin (Schedule B)
Compound Period • Annual
Nominal Annual Rate .... : 4.190 %
Effective Annual Rate ... : 4.190 %
Periodic Rate : 4.1900 %
Daily Rate • 0.01148%
CASH FLOW DATA
Event Start Date Amount Number Period End Date
1 Loan 01/01/2005 1,149,000.00 1
2 Payment 02/01/2005 400,000.00 1
3 Payment 02/01/2006 300,000.00 1
4 Payment 02/01/2007 504,949.84 1
AMORTIZATION SCHEDULE - Normal Amortization
Date Payment Interest Principal Balance
Loan 01/01/2005 1,149,000.00
1 02/01/2005 400,000.00 4,088.87 395,911.13 753,088.87
2005 Totals 400,000.00 4,088.87 395,911.13
2 02/01/2006 300,000.00 31,554.42 268,445.58 484,643.29
2006 Totals 300,000.00 31,554.42 268,445.58
3 02/01/2007 504,949.84 20,306.55 484,643.29 0.00
2007 Totals 504,949.84 20,306.55 484,643.29
Grand Totals 1,204,949.84 55,949.84 1,149,000.00
INITIAL INSURANCE REQUIREMENT: $1,149,000.00
Except as specifically provided in Section five of the Lease hereof,Lessee agrees to pay to Lessor or its assignee the Lease Payments,including the
interest portion,in the amounts and dates specified in the above payment schedule.
LESSEE: LESSOR:
CITY OF ELGIN Motorola,Inc.
By: .c21--(1re-71,f By: _
Title: Title: U T5 : ("—
Date: le// Vel Date: (c9<(
CERTIFICATE OF INCUMBENCY
L De) L 0 ev/V A do hereby certify that I am the duly elected or
(Signature of Secretary/Clerk)
appointed and acting Secretary or Clerk of the CITY OF ELGIN , an entity duly organized and existing under
the laws of the State of Illinois that I have custody of the records of such entity, and that, as of the date hereof,
the individuals named below are the duly elected or appointed officers of such entity holding offices set forth
opposite of their respective names. I further certify that (i) the signatures set opposite their respective names
and titles are their true and authentic signatures and (ii) such officers have the authority on behalf of such entity
to enter into that certain Equipment Lease Purchase Agreement number 22620 dated , and Schedule A
number 22620 dated ,between CITY OF ELGIN and Motorola, Inc..
Name Title Signature
Vsj t* A c 1"ry //1-01/v4G6y2
(Individual who signed Lease documents should he listed here and sign where applicable)b
IN WITNESS WHE .OF,I have executed this certificate and affixed the seal of CITY OF ELGIN , hereto
this 7day of , 2004.
By: P4- 414-1"-Q
(Signature of Secretary/Clerk)
SEAL
•
December 15, 2004
Motorola, Inc.
1301 E. Algonquin Rd.
Schaumburg, IL 60196
Attn: Motorola Credit Corp/ 5th floor
RE: Self-Insurance for Schedule A No. 22620 to that certain EQUIPMENT LEASE PURCHASE
AGREEMENT Number 22620 dated , by and between The City of Elgin as
Lessee and Motorola, Inc. as Lessor.
Equipment Description: See attached equipment list to Schedule A.
Gentlemen:
In consideration of your waiver of the requirement in the above captioned Lease to furnish you with
evidence of physical damage insurance on the collateral, and as a further inducement to you to allow the
undersigned to self-insure, the undersigned agrees, as follows:
1. To be fully and financially responsible for any and all partial or total loss of the collateral;
2. To notify you in writing, immediately upon any loss of, or damage to, the collateral;
3. To furnish you with estimates of the repair costs for any and all damage caused to, or
suffered by, the collateral;
4. To repair or replace said collateral, or so much thereof as may be destroyed or damaged
from any cause whatsoever within 45 days or as soon as possible thereafter;
5. To furnish you with paid receipts evidencing the repair of any and all damage to the
collateral;
6. To provide you with any duly authorized and executed documentation that you may require
to perfect a valid first, prior and paramount lien in replacement collateral;
7. In the event that said collateral cannot be repaired or restored to a condition or value
equivalent to its condition or value before the damage, or replaced by comparable
collateral, to immediately pay off the obligation, or such portion thereof as may be
attributable to the collateral destroyed or damaged beyond repair;
8. To provide annual accountant prepared financial statements, and in the event of a material
adverse change in the undersigned's financial condition, and upon your written demand, to
furnish you with insurance from an insurance company acceptable to you in an amount not
less than the then fair market value of the collateral.
9. In the event that the undersigned fails to furnish the insurance policy required under
paragraph 8, then, in such event, you may either declare the contract in default, or, at your
option, obtain insurance coverage protecting your interest in the collateral and add the costs
thereof to the then outstanding balance.
10. In the event that the undersigned furnishes, or you obtain, the insurance, then, in such
event, all of the terms, conditions and provisions of the lease, regarding insurance coverage
shall be applicable for the remainder of the term of the lease.
The undersigned further agrees that this letter agreement shall be binding upon, and inure to the
benefit of itself and you and your respective heirs, successors, assigns, and
legal and personal representatives.
The undersigned has caused this letter agreement to be executed by its duly authorized representative.
The City of'Elgin
By:, 74-1-1-Will111dr-c
Title: //4<2---t--7-------
Date:
i t-Date: / - /AV 6'
STATEMENT OF ESSENTIAL USE/SOURCE OF FUNDS
1. What is the specific use of the equipment?
The equipment will be used in a combined police/fire communications center to
answer E9-1-1 phone calls and to transmit radio data to police and fire units.
2. Why is the equipment essential to the City of Elgin?
We are operating a 7 x 24 dispatch operation and so employing up-to-date
equipment is essential. In addition, today we do not have any redundancy in our
dispatch center and this purchase will allow us to have a redundant Emergency
Operations Center (EOC).
3. Does the equipment replace existing equipment?
Yes.
If so, why is the replacement being made?
Our radio dispatching equipment has come to the end of its lifecycle and so
replacement parts are not available any longer. Our 911 system will be nearing
the end of its lifecycle in the next year and then parts for it will only be available
on a time and materials basis. Lastly, this replacement enables us to have a
redundant system in our EOC, and this dispatch console will be compatible with
future radio system upgrades.
4. Is there a specific cost justification for the new equipment?
Yes. See attached.
5. What is the expected source of funds for the payments due under the Lease for the
current fiscal year and future fiscal years?
The first payment in 2005 will be funded by the city's ETSB funds. The
payments for the two subsequent years will come from the city's annual budget.
GE
N
SAFE COMMUNITY
November 26, 2004
TO: Mayor and Members of the City Council
FROM: David M. Dorgan, City Manager
Deputy Chief Jim Burns
SUBJECT: Upgrade and enhancements to E911 Center and creation of Emergency
Operations Dispatch Center
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of City Council with
information to consider entering into an agreement with Motorola for the upgrade of the existing
emergency communications center at the Law Enforcement Facility and creation of a redundant
emergency operations dispatch center in the basement of City Hall.
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to enter into this Municipal
Lease Agreement with Motorola for the upgrade of the E911 center and accept this agreement as
a sole source exception to the procurement ordinance.
BACKGROUND
The City of Elgin purchased and installed a new Emergency Communications Center when the
new Law Enforcement Facility was built in 1996. Since 1996, the system has operated 24/7 with
only minor interruptions. Since 1996 there have been significant enhancements to the hardware
and basic operating of the systems. Major enhancements have been introduced, but they required
upgrading hardware and software. It is important that our emergency communications ability
keep pace with the changes.
•
Enhancements to E911 Center and EOC
November 26, 2004
Page 2
In 1996, it was decided that it would be most economical to keep the space used by the original
center on the second floor of the north tower of City Hall. In a money saving move, this backup
center was designed to operate as an ancillary system to the existing center. This means that the
backup center will not operate in the event of physical damage to the existing center on the third
floor of the police department. This proposal will allow completely independent operation of the
City's radio system, even in the event the third floor center was incapacitated. Currently, the
system will fall into "fail-soft" and offer only limited functionality, until the system could be
repaired. In the last eight years we have only been forced to "fail-soft" a handful of times due to
other issues,with the police center sustaining no damage.
With the continued growth of the City of Elgin, it is clear that we must be a regional leader with
the ability to remain operational in the event of a catastrophic event. It is important that we keep
abreast of the latest technology. Our current console software will soon not be supported by
Motorola. Although we have not experienced any significant issues, the operating system is
Windows 3.11, which has not been produced or supported for many years. The Motorola
software is also reaching the end of it support cycle.
Included in this proposal, is the replacement/upgrade to the E911 switch. This hardware and
software has been managing our emergency calls for service since 1996. The switch has reached
the end of its planned life and was budgeted for replacement in the E911 budget for 2004. The
switch was not replaced in 2004, pending this review of our emergency preparedness. Currently,
our backup for our E911 call center is South Elgin PD. Although South Elgin has been
cooperative in being our backup, we have never had a major outage. The City of Elgin currently
operates nine E911 trunks. Our backup in South Elgin operates only operates four. It is clear that
South Elgin could not operate for both municipalities in the event of a real emergency, resulting
in our citizens getting a busy signal when they call 911. This is clearly not acceptable for the
City of Elgin or for the Village of South Elgin.
Lastly, this proposal significantly updates the operation consoles and software in the existing
Communications Center in the Law Enforcement facility. All of the equipment in the center has
been in constant operation for 8 years. The equipment is aging and can not take advantage of the
enhanced technology now available for telecommunicators or the enhanced dispatch capabilities
brought by the City's Computer Aided dispatch software. All of the enhancements proposed
here, would be compatible with any future upgrades to the City's City-wide radio system.
Since this proposal is an upgrade to the existing Motorola System, only Motorola can perform
this work. An exception to the City's procurement ordinance must be authorized.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
11.
Enhancements to E911 Center and EOC
November 26,2004
Page 3
FINANCIAL IMPACT
This project is planned in the existing proposed budget for 2005. The City of Elgin has been
working with Motorola to spread the cost of the system over three years; with an incentive
discount of$100,000, should this contact be signed by December 23, 2004. The E911 Board has
authorized/recommended the use of$400,000 in E911 Fund- Fund 220, for the payment due in
February of 2005. Regular budget funds will need to be appropriated for the payment of
$300,000 in 2006 and$449,000 in 2007.
LEGAL IMPACT
None.
ALTERNATIVES
1. The City Council may choose to not enter into this agreement and continue to operate
with the status quo.
2. The City Council may choose to wait until the final adoption of the budget and forgo the
$100,000 incentive discount.
Respectfully submitted for Council consideration.
• jjb
f I
St*
'111.1"1161\
STATEMENT OF ESSENTIAL USE/SOURCE OF FUNDS
To further understand the essential governmental use intended for the equipment together with an understanding
of the sources from which payments will be made, please address the following questions by completing this
form or by sending a separate letter:
1. What is the specific use of the equipment?
2. Why is the equipment essential to the operation of CITY OF ELGIN?
3. Does the equipment replace existing equipment?
If so, why is the replacement being made?
4. Is there a specific cost justification for the new equipment?
If yes, please attach outline of justification.
5. What is the expected source of funds for the payments due under the Lease for
the current fiscal year and future fiscal years?
Lessee: CITY OF ELGIN
By: _
Its:
Date: 7/ e-/e7
EQUIPMENT LEASE PURCHASE AGREEMENT DELIVERY AND
ACCEPTANCE CERTIFICATE
The undersigned Lessee hereby acknowledges receipt of the Equipment described below ("Equipment") and Lessee
hereby accepts the Equipment after full inspection thereof as satisfactory for all purposes of lease Schedule A to the
Equipment Lease Purchase Agreement executed by Lessee and Lessor.
Equipment Lease Purchase Agreement Date:
Lease Schedule A Date:
Equipment Lease Purchase Agreement No.: 22620 Lease Schedule A No. : 22620
EQUIPMENT INFORMATION
QUANTITY MODEL NUMBER EQUIPMENT DESCRIPTION
Equipment referenced in lease Schedule A#
22620 dated . See Schedule A
for a detailed Equipment List.
LESSEE:
CITY OF ELGIN
By.
Date: 7/O
LESSEE RESOLUTION
At a duly called meeting of the Governing Body of the Lessee (as defined in the Lease Agreement) held on
D / , 2004 the following resolution was introduced and adopted.
BE IT RESOLVED by the Governing Board of Lessee as follows:
1. Determination of Need. The Governing Body of Lessee has determined that a true and very real need
exists for the acquisition of the Equipment or other personal property described in the Lease Schedule
dated as of , 2004, between CITY OF ELGIN (Lessee) and Motorola, Inc. (Lessor).
2. Approval and Authorization. The Governing body of Lessee has determined that the Lease
Agreement, substantially in the form presented to this meeting, is in the best interests of the Lessee for
the acquisition of such Equipment or other personal property, and the Governing Board hereby approves
the entering into of the Lease Agreement by the Lessee and hereby designates and authorizes the
following person(s) to execute and deliver the Lease Agreement on Lessee's behalf with such changes
thereto as such person deems appropriate, and any related documents, including any escrow agreement,
necessary to the consummation of the transactions contemplated by the Lease Agreement.
Authorized Individual(s):
Printed or typed name(s)and title(s)of Individual(s)authorized to execute the Lease Agreement.
3. Adoption of Resolution. The signatures below from the designated individuals for the Governing Body
of the Lessee evidence the adoption by the Governing Body of this Resolution.
Signature: / - Attested By: -61-v-if /41-0-a.4
Name and Title : , 42 /4-1 Name and Title: j.)OL(0/11471+ /./kv_EC.
y LEkt
Form 8038-G Information Return for Tax-Exempt Governmental Obligations
(Rev. November 2000) Under Internal Revenue Code Section 149(e) OMB No. 1545-0720
0 See separate instructions
Oepatitnera et the Treasury Caution: Use Form 8038-GC if the issue price is under$100,000
Internal Revenue service
Part I Reporting Authority If Amended Return.Check here fl
23s00".empl90,10000166c-altion
CITY OF ELGIN
INSIMUMWASSMOMVVISUitiklagNIONCEMENSalg IMMO 4-RegCM'N71.3(7--
150 Dexter Court 3-
NIDENNIMMUMNIONEMEM 6
El*in IL 60120 1/1/05
8 CUSIP number
Equipment Lease-Purchase Agreement#22620 N/A
9.mirpe-Andittleptpfriser prima)remseptirtive wbom the IRS MaY call tremolo Ireoteratioe 10:ReePteerefentrber of etrwret,Pr IkVatiMeeentative
Chief James Bums
Part II wriessminifigesymesimilmitgiNSIMMON See Instructions and attach schedule
iiII Education 11
12 El Health and hospital 12
13 [J Transportation 13
14 El Public safety 14 $1,149,000
15 Environment(including sewage bonds) 15
16 [] Housing 16
17 El Utilities 17
18 Other. Describe(see instructions) l 18
19 If obligations are TANs or RANs,check box D if obligations are BANs,check box 0 El
,•.,• El
Part III Descri tion of Obligations Complete for the entire issue for which this form is being filed)
(c)Stated redemption 4
price at maturity
21 2/1/2007 $1,149,000 N/A 25 months 4.19%
ff2j Uses of Proceeds of Bonds Issue(including underwriters'discount) N/A
22 Proceeds used for accrued interest 22 0.00
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23 Issue Price of entire issue(Enter amount from line 21,column(b)
$1,149,000.
24 Proceeds used for bond issuance costs(including underwriters'discount) 24 0.00
25 Proceeds used for credit enhancement 25 0.00
26 Proceeds allocated to reasonably require reserve or replacement fund 26 0.00
27 Proceeds used to currently refund prior issues 27 0.00
28 Proceeds used to advance refund prior issues 28 0.00
29 Total(add lines 24 through 28) 29 0.00
30 Nonrefunding proceeds of the issue(subtract line 29 from line 23 and enter amount here) 30
=al Description of Refunded Bonds (Complete this part only for refunding bonds.) N/A
31 Enter the remaining weighted average maturity of the bonds to be currently refunded years
32 Enter the remaining weighted average maturity of the bonds to be advanced refunded years
33 Enter the last date on which the refunded bonds will be called
34 Enter the dates(s)the refunded bonds were issued
Part VI Miscellaneous N/A
35 Enter the amount of the state volume cap allocated to the issue under section 141 (b)(5) 35
36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract(see instructions) 36a
b Enter the final maturity date of the guaranteed investment contract
37 Pooled financings:a Proceeds of this issue that are to be used to make loans to other governmental units 37a
b If this issue is a loan made from the proceeds of another tax-exempt issue,check box [Jandenter the name of the
issuer and the date of the issue }
NIWY:Ifillitifthik .!..17.,:dfitf r1411 ..1;f- r,' ri
39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate,check box 0 El
40 If the issuer has identified a hedge,check box n
Under penalties of perjury,I declare that I have examined this return and accompanying schedules and statements,and to the best of my knowledge and
belief,they are true,correct and complete.
Please
Sign
e" 6 e/
Here
A- it/ /Z / i."9/e10//9 /74Oa/e6'
0.7 / v
_ Signature at Issuer's authorized representati Date Type or print name and title I
For Paperwork Reduction Act Notice,see page 2 of the Instructions. Cat. No.63773S Form 8038-G(Rev. 11-2000
Instructions for 8038-G:
On 8038-G forms, the below described lines need to be filled out by the Lessee:
1. Line No.2: Fill in the Lessee's EIN number. (An issuer that does not have an EIN should apply for one on
Form SS-4, Application for Employer Identification Number. This form may be obtained from most IRS and Social
Security Administration offices. File Form SS-4 according to the instructions on that form. If the EIN has not been
received by the date of filing the 8038-G, write"Applied for"in the space for the EIN).
2. Line No.4: After the preprinted 3, enter two self-designated numbers. Number reports consecutively during
any calendar year(e.g., 334, 335,etc.).
3. Line No.9: State the name and the title for the legal representative the IRS may call for more information.
The legal representative is the person who will be contacted if there are any questions with respect to the IRS form
8038-G and the transaction reported. Typically this person is employed by the issuer and is the same person who
signs the IRS Form 8038-G.
4. Line No. 10: State the telephone number of the person listed in line 9.
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(.>.‘ Agenda Item No.
4 „ City of Elgin
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December 10, 2004 I
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TO: Mayor and Members of the City Council ts.,..F F_ CC,IVIIVII-11\11-1-Y-
FROM: David M. Dorgan, City Manager yCkkdd
Deputy Chief Jim Burns
SUBJECT: Upgrade and Enhancements to E911 Center and Creation of Emergency
Operations Dispatch Center
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of City Council with
information to consider entering into an agreement with Motorola for the upgrade of the existing
emergency communications center at the Law Enforcement Facility and creation of a redundant
emergency operations dispatch center in the basement of City Hall.
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to enter into this Municipal
Lease Agreement with Motorola for the upgrade of the E911 center and accept this agreement as
a sole source exception to the procurement ordinance.
BACKGROUND
The City of Elgin purchased and installed a new Emergency Communications Center when the
new Law Enforcement Facility was built in 1996. Major enhancements have been introduced
over the years, but they required upgrading hardware and software. It is important that our
emergency communications ability keep pace with the changes. The current backup center was
designed to operate as an ancillary system to the existing center. This means that the backup
center will not operate in the event of physical damage to the existing center on the third floor of
the police department. This proposal will allow completely independent operation of the City's
radio system, even in the event the third floor center was incapacitated. With the continued
growth of the City of Elgin we must have the ability to remain operational in the event of a
catastrophic event.
It is also important that we keep abreast of the latest technology. Our current console software
will soon not be supported by Motorola. The operating system is Windows 3.11, which has not
r
Enhancements to E911 Center and EOC
December 10, 2004
Page 2
been produced or supported for many years. The Motorola software is also reaching the end of it
support cycle.
Included in this proposal, is the replacement/upgrade to the E911 switch. The switch has reached
the end of its planned life and was budgeted for replacement in the E911 budget for 2004. The
switch was not replaced in 2004, pending this review of our emergency preparedness Our'
backup for the E911 call center is currently South Elgin PD. The City of Elgin operates nine
E911 trunks. Our backup in South Elgin operates only operates four. It is clear that South Elgin
could not operate for both municipalities in the event of a real emergency, resulting in our
citizens getting a busy signal when they call 911. This is not acceptable for the City of Elgin or
for the Village of South Elgin. This proposal would replace the existing switch in the Law
Enforcement Facility and use the current switch as a backup in the City Hall Center. Allowing us
to serve as our own backup.
Lastly, this proposal significantly updates the operation consoles and software in the existing
Communications Center in the Law Enforcement facility. All of the equipment in the center has
been in constant operation for 8 years. The equipment is aging and can not take advantage of the
enhanced technology now available for telecommunicators or the enhanced dispatch capabilities
brought by the City's Computer Aided dispatch software. All of the enhancements proposed
here, would be compatible with any future upgrades to the City's City-wide radio system.
Since this proposal is an upgrade to the existing Motorola System, only Motorola can perform
this work. A sole source procurement is therefore required.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
The project cost totals $1,213,810. Motorola has agreed to accept payment for the system over
three years with an incentive discount of$100,000, should this contact be signed by December
23, 2004. The 2005 Proposed Budget allocated $990,000 for the project, with $590,000
available in the Riverboat Fund and $400,000 from the E911 Fund. In order to provide for the
additional $223,810, an adjustment in the 2007 Riverboat Fund Financial Plan is necessary. At
this time, it is recommended that the Police Take-Home Vehicles ($200,000) and Contingencies
($23,810) be reduced in 2007 to provide the necessary funding. However, as part of the 2006
budget process, the funding of the police take-home vehicle program will again be reviewed.
Account number 220-0000-791.84-01, Contingencies, will be charged.
("Ilk
Enhancements to E911 Center and EOC
December 10, 2004
Page 3
wvLEGAL IMPACT
None.
ALTERNATIVES
1. The City Council may choose to not enter into this agreement and continue to operate
with the status quo.
2. The City Council may choose to wait until the final adoption of the budget and forgo the
$100,000 incentive discount.
Respectfully submitted for Council consideration.
Jjb
Attachments
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