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HomeMy WebLinkAbout1997-11-18; City Council; 14447; FIRST AMENDMENTS TO AGREEMENTS WITH MOTOROLA, INC. TO PROVIDE PHASE II, PART 1, 800 MHZ RADIO EQUIPMENT AND APPROPRIATING FUNDS FOR THE EQUIPMENT PURCHASE AND PAYMENT OF MAINTENANCE CHARGESI System Annual costs costs Capital Debt Service Previously Approved by Council Backbone Costs 1,590,132 174,260 Dispatch Center/Microwave 764,986 79,265 Total Obligated 2,355,118 253,525 Current Request Equipment Phase II : Part 1 Equipment Public Safety 861,119 87,878 Water 179,759 18,344 Total Requested Equipment 1,040,878 106,222 Annual Backbone Maint. 71,500 Costs (1 998 estimate) Sub Total Prior Approval and 3,395,996 431,247 Current Request Future System Improvements Phase 11: Part 2 Equipment General Services 329,142 35,501 Annual Backbone 24,900 Maintenance Phase Ill DatalAVL 1,274,098 137,423 Total All Costs at Build-Out 4,999,236 629,071 Source of Funds (Note ' Funded Enterp By Existing Func CSA Funds APProPr Note 2 Reque! 149,864 68,168 218,032 87,878 0 87,878 58,750 364,660 35,501 24,900 118,184 543,245 YEAR Current 1998 1998 1999 2000 CSA FUND SERVICE FUND SHARE BALANCE 253,525 35,494 906,173 431,247 66,588 5413 4 491,648 66,588 1 16,454 ANNUAL DEBT ENTERPRISE 629,071 85,827 -426,790 629,071 85,827 -543,244 1. *. i 11 0 0 MEMORANDUM Office of the Fire Chief Date: August 7, 1997 To: Ray Patchett, City Manager From: Fire Chief Subject: 800 Mhz REGIONAL COMMUNICATION SYSTEM (RCS) Financial Management Director FUNDING ISSUES Backaround In 1994, determined to find a better solution to poor wireless communications, publi safety and public service agencies in San Diego County and Imperial Count completed a three year collaborative effort to form the Regional Communication System (RCS). The RCS vision of over 50 agencies sharing fiscal and radi frequency resources to provide and administer cost effective, wireless communicatio solutions will soon be a reality. Now under construction, the RCS will enable publi safety personnel in this two County area to communicate seamlessly acros jurisdictional boundaries on a unit-to-unit level, regardless of their affiliation. The RC will be satisfying a wide range of wireless voice and data needs for a variety of pub1 safety and public service agencies near the California - Mexican border. San Diego and Imperial County jurisdictions are leading an emerging nationwic trend toward shared public safety radio networks. Participants sharing administratic of the RCS include state, county and local jurisdictions and agencies. Combinir resources has resulted in a robust system supporting over 12,000 radios, controllir more than 150 frequencies, and utilizing 50 microwave repeater sites. The 10,OC square mile coverage proves that through sharing, the whole can be greater than tt sum of its parts. The system is under construction and will be an operational reality 1: mid-1 998. Over the next three years, the County and several other participating agencies ai planning to install a new radio communications system for all public safety and sorr community services operations. The purpose for the system is to develop region communications capabilities to cope with potential disasters and major events, improve inter-agency and intra-agency communications and to provide the needc technology for all participants to meet their communications needs in the future. This Regional Communications System (RCS) is made up of several interrelatc project components, which are designed to achieve the goal of replacing the existir system in the most efficient manner for the RCS members and the residents of S: Diego County. This system includes a variety of capabilities including voice and dat the ability to communicate between agencies, computer aided dispatch upgrade Automatic Vehicle Locator (AVL), and mobile data terminals. 0 0 ,. L, i ‘ The system is expected to cost a total of $83.4 million, with the county providing th majority of the funding. Each agency’s share is based on its proportional deman placed on the system. Carlsbad’s share is roughly $5 million. $1.6 million represent the City’s share of the basic backbone system and microwave towers, and $3.4 miiiio is the direct cost to Carlsbad for its share of the public safety dispatch center upgradc mobile and portable equipment, and additional data backbone/microwave costs tied t the AVL system. In addition, Carlsbad will share in the annual maintenance of th backbone system. This maintenance cost is expected to be $1 01,000 per year. The City of Carlsbad intended to fund its share of the costs from revenue received fro1 the County Services Area (CSA) assessment against property within the City. Th assessment averaged about $23 per single family dwelling. 800 Mhz Implementation Schedule The current development schedule calls for the backbone system to be completed t: August 1997 with the system activation occurring during the first half of 1998. Tt- end-user voice system is expected to be functional by mid 1998, with the sheri converting to the 800 Mhz system by the end of 1998. The Emergenc Communications system upgrades will be completed by early 1998. The AVL SySter is slated for completion by the mid-I 998. The $764,086 upgrade to the Carlsbad Dispatch Center was completed on June 1- 1997. The upgraded dispatch center will be able to continue operating the old radi system until the mobile units are converted to the 800 Mhz system. Carlsbad’s mobil and portable radios are planned to be received in 1998. Council previously approvc entering into a lease purchase agreement for this equipment. Proposition 2 1 8 On November 5, 1996, the voters approved Proposition 218. This proposition, titk “Voter Approval for Local Government Taxes, Limitations on Fees, Assessments ar Charges”, establishes new rules for the creation of property related taxes and charge It’s significant provisions include: Requires voter approval for tax levies Requires approval by a majority of property owners for all assessments Requires majority property owner approval or two-thirds electorate approval f( property related fees and charges 0 Authorizes the use of the initiative process to repeal or reduce local taxes, fee charges, and assessments The court system has not had an opportunity to hear arguments related to ar Proposition 21 8 issues nor has the legislature adopted any implementing guideline which might assist cities or counties in sorting out the complex issues. There pending legislation which would clarify some of the language of Prop 218, howevf the most controversial provisions have not yet been addressed. This means that citit and counties are required to comply with Proposition 218 to the best of their abilitit until clarification can be provided by the legislature and courts. 2 0 0 .. t‘ <* .. The passage of Proposition 218 brought the validity of the CSA charge into questior and the matter was reviewed by City Attorneys and County Counsel. Following thi review, a decision was made by the County not to levy a charge against property unt it is approved by the voters. The earliest that the County could place this matter on l ballot is for the June 1998 election. This means that no assessments will be collectel for the 1997-98 fiscal year. Also, the RCS Board of Directors and the County still need to decide whether or not t take the issue to the voters at all. In either case, the ability to fund the RCS from CS, funds will remain in doubt until after the June 1998 election. This uncertainty poses a threat to the General Fund. If the CSA is not confirmed by th voters and Carlsbad proceeds with the installation of the 800 Mhz radio system, it i likely that the General fund will bear most of the burden of paying the costs of th system. Carlsbad’s share of the total system cost is $5 million. The CSA has balance of approximately $1,000,000 collected over the past two years. Thus, Carlsbad’s City Council chooses to go forward with the system and the assessment i not ratified by the voters, the remaining burden for payment of the system’s cost of $ million may need to be paid by the General fund and a portion from the Watc department fund reserves (Approximately $376,317 plus $1 4,400 a year for backbon maintenance cost). Fiscal Imr>act The total cost of the system is estimated at $5 million. This amount is to be finance through a lease purchase agreement with Motorola and the County over a 15 ye: period. Annual debt service payments will total approximately $600,000 per year onc the entire system is purchased. Under the original plans, the annual revenue from th CSA was to fund the lease payments for user equipment to Motorola and th payments to the County for the voice and data backbone costs. When the system WE paid off, the CSA assessment would end. In addition, the City will be expected to fur its share of the annual maintenance cost of the backbone system, estimated to b about $1 01,000 per year upon system completion. The City has already committed itself to the purchase and installation of ti- Dispatch/Microwave portion of the project and to its share of the backbone syster These two items total $2,354,100. Using the lease purchase agreement already i place, the annual debt service totals approximately $250,000. The City currently has access to approximately $1,000,000 in existing CSA fund This is the total amount of CSA 135, Zone-A money collected in the Carlsbad area t the County over the two year period prior to the passage of prop. 218. If these fun( are used to pay the lease payments on only the portions for which we are alreac committed, they would be sufficient to cover approximately fours years worth of de service payments. 3 a e I1 1. 1' * If the CSA is not confirmed by the voters, then the City Council will need to make Somt key decisions. The following are some possible options which the Council may want tc consider in the future. Possible Options 1. Proceed with the installation of the system and fund all harc revenue sources, if available: Under this plan, the City would commit to the completion of the 800 Mhz radic system. Any remaining funds in the CSA account would be used first to pay fo equipment as it is needed. When CSA funds are no longer available, the Cit would fund its remaining share of the costs from General fund balance wit1 some portion coming from the water and sanitation funds. costs from existing CSA funds, General Fund balances and Othe Annual Costs System (See Note 1) costs Previously Obligated Costs Backbone Costs 1,590,132 171,511 Dispatch Center/Microwave 764,986 79,265 Total Obligated 2,355,118 250,776 Remaining Equipment Costs: User Equipment: Public Safety 857,603 Water 162,943 General Services 376,049 Data/AVL 1,274,098 Total Remaining Equipment 2,670,693 Total All Equipment Costs 5,025,811 Annual Maintenance Costs Total Annual Costs 351.776 for Backbone System 101,000 Source of Funds: Existing CSA Fund Balance Water District Funds (See Note 2) Note 1 - The annual costs include lease purchase payments on equipment already installed under an existing agreement with Motorola Note 2 - The Water District will be responsible for funding a share of the total costs for the system based on the proportional share of the system used by District radios (Zone A - estimated balance) 1,000,000 86,323 Using the option above, the General fund would pay the total equipment cost c $2,670,693, and fund the debt service of the backbone, dispatch center an( annual backbone maintenance from the CSA reserves for approximately three 4 m 0 I1 C' years. At the end of three years, the balance of the financed portion would b paid off using General fund and Water fund reserves (The Water District woul pay approximately $86,323 per year for annual debt service for the backbon and dispatch center, their equipment, and their share of the data backbon backbone maintenance). The RCS members are exploring other funding sources but none have yet bee identified. Staff expects the General fund balance to total about $IC to $1 million by the end of 1996-97. If completing this project on schedule is a high priority, staff recommends thi Council adopt this option as a fall back position. If the CSA is not ratified by tt- voters, or if interest rates rise substantially, the Council may want to revisit th option. This funding plan will put a minimum demand on the day-to-dE General fund revenues, and will obligate the General fund balance i purchases are made. 2. Proceed with the installation of the system, fund all hard cos1 through lease purchase agreements, and pay annual leas purchase costs from General fund balance (and other fun balances, as appropriate): This option is similar to the one above, with one exception. instead of payir cash for the system as it is installed, the City would continue to draw on its lea: purchase agreement with Motorola as the system is installed. This agreeme will allow the City to finance the equipment over its useful life (up to 15 years The annual lease purchase payments could be made from day-to-day Gener fund revenues or from General fund balances. As with the previous option, small portion may be paid from the water and sanitation funds as well. System Costs Debt Service Backbone Costs 1,590,132 17151 1 Dispatch CenterlMicrowave 764,986 79,265 250,776 Total Base System Costs 2,355,i 1 a User Equipment: Public Safety 857,603 92,501 General Services 376,049 40,560 DatdAVL 1.274.098 I 37.423 Total User Equipment Costs 2,670,693 288,059 Water 162,943 17,575 Total System Costs 5,025,ai 1 53am Annual Backbone Maintenance Costs 101,000 Total Annual Debt Service and Maint Costs 639,as Less - Existing Source of Funds: CSA 135,Zone-A Balance 1,000,000 107,859 Net Unfunded Equipment Costs 4,025,811 531,976 5 m 0 ,. 5. 1’ (I If balances are used, there would be less conflict between the 800 Mhz syster and other operating programs. Staff is able to recommend the use of balance for this expenditure because of its limited life. Staff does not recommend thi the Council use the general fund balance to fund ongoing expenses. There is an alternate plan to phase in the various departments over a three ye2 time span - the first year completing public safety and the Water department an second and third year general services with Data and AVL implemented early I 1999. As illustrated below, in the year 2000, the CSA funds will be gone an the General fund will then be used. Purchase Annual Costs Price 1997 1998 1999 2000 Base System Costs Backbone Costs 1,590,132 171,511 171,511 171,511 Dispatch Center/Microwave 764,986 79,265 79,265 79,265 79,265 Total Base System Costs 2,355,118 79,265 250,776 250,776 250,776 Public Safety 857,603 92,501 92,501 92,501 Water 162,943 17,575 17,575 17,575 General Services 376,049 40,560 DatdAVL 1,274,098 137,423 137,423 User Equipment: Total User Equipment Cost 2,670,693 - 110,076 247,499 288,059 Total System Cost 5,025,811 79,265 360,852 498,275 538,835 Annual Backbone Maintenance $76,200 $76,200 $1 01.000 Total Annual Debt Service and 79,265 437,052 574,475 639,835 Maint Costs Sources of Funds Water District ( See Note) 11,097 67,084 86,323 86,323 CSA 13 -Zone A 68,168 369,968 488,152 73,712 General Fund or other Sources - 479,800 Total Source of Funds Beginning Balance 1997 1998 1999 2000 Fund Balance - CSA 135 - Zone A 1,000,000 931,832 561,864 73,712 Note: The Water District’s proportionate annual debt service share of the backbo and dispatch center is $35,109; User equipment is $17,575; Data/AVL is $19,2? and, backbone maintenance is $14,400, for an annual total of $86,323. The interest rate on the lease purchase agreement is set at 95% of the 15 ye US Treasury Bill (currently yielding about 7%). If rates remained unchangl over the life of the lease, based on the present value of the expected cash flov it would be slightly more costly to finance the purchase than to pay cash as t equipment is installed. However, the Council would have a larger General fu balance available for emergencies over the term of the lease if this financi option is chosen. 6 0 0 ,. ‘. c. Staff recommends that Council adopt one of these two options if Completion C the system is a high priority, and the Council wishes to maintain as much fisc: flexibility as possible. These options have the advantage of stretching out th cash flow demands over the useful life of the equipment. 3. Put the 800 Mhz system installation on hold until a source c funds can be identified: It was the Council’s original intent to fund the 800 Mhz radio system fro! revenue generated by the CSA. If those funds become unavailable, the Counc may wish to reconsider its commitment to the project. purchase of the remaining pieces. Of course, without the radios and equipmer to use the new system, the City would not be able to take advantage of th benefits of the 800 Mhz frequency while at the same time making annual det service payments of $250,776 per year for the next fifteen years. Although the City committed to the first phases of the project, it does not have to complete th Obligated Costs Debt Service Backbone Costs $1,590,132 $1 71,511 Dispatch CenteVMicrowave $764,986 $79,265 $2,355,118 $250,776 An additional factor to consider in this option is that the Federl Communications Commission (FCC) is considering changing to frequenc technology which will make our current radios obsolete and unlicensable. I fact, the National Telecommunications and Information Administration (NTIF has mandated that federal systems make the changes by 2005. The FCC pla is to move all users to 12.5 Khz (Kilohertz) channel spacing. Our radic currently use 25 Khz spacing. In narrowing the band width by half, the FC doubles the number of frequencies they can license and thereby increasing th number they can sell. These different band widths are incompatible with 01 current radio systems and user equipment, thereby dictating that most of 01 equipment must be replaced. Council should consider this alternative if competing priorities for funding at substantial, and Council is concerned about dedicating considerable resourcc to this project without having fully evaluated other projects. Summarv Council does not need to make any decisions on this issue at this time. The upgrade to Carlsbad’s dispatch center are complete and the installation of the backbon system is underway and scheduled for completion by the end of August 1998. Th City has a commitment to complete and fund their portion of system and funds ar available to make the lease payments for the next several years. Staff is continuing 1 meet with the County and the other participating agencies to explore alternatib methods for funding the system and to determine the best way to proceed. Council w continue to be updated on the status of these efforts as work proceeds. 7 d, '. 0 0 The members of the RCS and the County will need to make a decision within the ner few months as to whether they are going to place the CSA on the ballot in June 199E Once that is determined, Council will need to consider the available options anc decide whether to proceed with the system implementation and, if so, how it will b( funded. DENNIS J. VAN DER MAATEN JAMES ELLIOTT 8 *. '1 * 1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 0 9 RESOLUTION NO. 97-694 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, 'APPROVING FIRST AMENDMENT AGREEMENTS BETWEEN THE CITY OF CARLSBAD AND MOTOROLA, INC. FOR THE PHASE 11, PART 1 RADIO EQUIPMENT AND PAYMENT OF NlATNTENANCE CHARGES AND APPROPRIATING FUNDS THEREFOR WHEREAS, the City of Carlsbad is a participating agency in the Regional Communications System and has consented to and does participate in County Service Area No. 135 for the payment of costs involved in the construction and installation of the backbone system, as well as a participant for Zone A to provide financing for construction and acquisition of Carlsbad's local complimentary equipment to enable it to participate in the Regional Public Safety 80( MHz Radio System: and WHEREAS, on November 12, 1996, the City Council of the City of Carlsbad adopted Resolution No. 96-383 approving both the Communications System Agreement and the Lease-Purchase Agreement between the City and Motorola, Inc. for Phase I equipment: and WHEREAS, all proposed Phase 11, Part 1 equipment purchases will be reviewed and approved by the Regional Communications System Board of Directors or designee pursuant to the Regional Communications System Agreement approved by the City of Carlsbad City Council on March 21, 1995; and WHEREAS, City of Carlsbad continues to require the services of Motorola to provide the necessary equipment and communications system services for acquisition and/or installation of Carlsbads 1' 'I 1 2 3 4 !5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 6 equipment complimentary to the 800 MHz Regional Communications System: and WHEREAS, it is necessary and desirable to amend said agreements to provide said Phase 11, Part 1 services and equipment: and WHEREAS, each participating agency must purchase radio equipment which is compatible with said system, and pay its contractural fair share for the maintenance of said system: and WHEREAS, the purchase of this equipment and payment of maintenance charges will require the appropriation of additional fund from the sewer enterprise fund in the amount of $33,989. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, that the City of Carlsbad: 1. Approves the First Amendment to the Communications System Agreement, dated November 18, 1997, on file in the Office of the City Clerk, incorporated by this reference, to acquire Phase 11, Part 1 equipment. 2. Approves the First Amendment to the Lease Purchase Agreement, dated November 18 , 1997, on file in the Office of the City Clerk, incorporated by this reference, to fund the Phase 11, Part 1 equipment acquired through the Communications System Agreement, in the annual amount of $106,221.95, over a fifteen-year period (the actual amount will depend upon the fifteen year Treasury Bill rate at the time of approval), subject to annual appropriations therefor. 3. Appropriates funds in the amounts of $33,989 from the sanitation enterprise fund balance to the general fund. '. 1 2 3 4 5 6 7 8 9 10 I' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a e 4. That the Mayor is authorized and directed to execute both Agreements on behalf of the City. PASSED, APPROVED AND ADOFED at a regular meeting of the Carlsbad City Council held on the 18th day of November 1997, by the following vote to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSENT: None ATTEST: a41 / h& RAUkk%&&k~ Clerk (SEAL) VbVlI I L I I - WUI\ I an# w Date To _. LALA & From ~~~~ T]No Reply Necessary 0 Reply Wanted \ %. * &LaQ+iP.# $@ - %- &* 1 .. *-+ ?,+o-m %/II_-c-L-e ’ -L+ -A :Trn=- 02JL-J-k 9 &A +* /c a e AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF CARLSBAD AND MOTOROLA FOR THE COMMUNICATIONS SYSTEM This Amendment is entered into and effective as of the - 18th day November , 1997 amending the Agreement dated November 12, 1996 by ai between the City of Carlsbad, a municipal corporation, hereafter referred to as ‘‘Cit) and Motorola, Inc., hereafter referred to as “Contractor”, for the 800 Mt Communications System. RECITALS WHEREAS, the initial Agreement dated November 15, 1996 identified scope of work related to the purchase of equipment and installation thereof with rega to the dispatch center and microwave system; and WHEREAS, the parties to this aforementioned Agreement desire to alt the scope of work as follows: to provide for the purchase of Phase II, Part 1, rad equipment; and WHEREAS, it is now both desirable and necessary to amend sa Agreement to provide for such equipment, NOW, THEREFORE, in consideration of these recitals and the mutu covenants contained therein, City and Contractor hereby agree as follows: 1. “Section 1. Motorola’s Obligations’’ of said Agreement, is ‘amend( by the addition of a new subparagraph E to read as follows: “E. Motorola shall furnish and/or install the radio equipment of tt type specified at the site specified and for the amount specified in the equipment Ii 1 0 0 .* I. attached to schedule A-1, dated November 18, 1997, attached to the companic Lease- Purchase Agreement, as amended.” 2. “Section 5. Payment Schedule” of said Agreement, is amend by amending subparagraph B thereof to read as follows: ‘rB. Purchaser shall commence making lease payments Motorola for equipment and related services upon invoice following delivery. T, parties anticipate such payments to be for three phases in the following approxima amounts upon the following approximate dates: PHASE DATE AMOUNT I February 1 , 1997 $ 764,085.90 IVPart 1 November 18, 1997 $1,091,628 II/Part 2 October 1, 1998 $ 329,142 111 February 1 , 1999 $1,274,098” 3. All other provisions of the aforementioned Agreement not modifi by this Amendment No. 1 remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contraci shall include coverage for the amended scope of work. ACKNOWLEDGED AND ACCEPTED: CONTRACTOR by: f- c , \ \ \ Lct 15 ’> DATED: 2 0 e ' ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Countyof 5-a~ On dm& 26, (hi-7 before me, w K &bh++do+wq /% 6k. personally appeared - @personally known to me - 6R - C; hAME. TITLE OF OFFICER - E G , "JANE DOE. NOfARY PUBLIC" DATE - NAME(S) OF SIGNER(S) subscribed to the within instrument and a knowledged to me tha@&dthey executc the same in @h&#+et 'r authorizt capacity(+, and that by mtw4t-k signature(+ on the instrument the person+ or the entity upon behalf of which tl personrncted, executed the instrumer WITNESS my hand and official seal. I U SIGNATURE OF NOTARY Though the data below IS not required by law, it may prove valuable to persons relying on the document and could pre fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEN -{ beAiJ4- ~d&/sb& b4&9775/4 TITLE OR TYP OF DOCUMEN m(S) bLmdy4w qf2k 3 ATTORNEY-IN-FACT NUMBER OF PAGES /I+ 8-97 DATE OF DOCUMENT JbL J: !& SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EMITY(IE.3) SIGNER(S) OTHER THAN NAMED ABOVE 91993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 7184 Canoga Park, CA 0 0 .. '. ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NAME@) OF SIGNER(S) personally appeared - subscribed to the within instrument and a knowledged to me thaWshe&q executc the same in @het$tkw ' authorizt capacityw, and that by@he&t+w signature(+ on the instrument the persone or the entity upon behalf of which tt person++ acted, executed the instrumer WITNESS my hand and official seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and could pre fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMEN CAPACITY CLAIMED BY SIGNER 3 NUMBER OF PAGES //-/8/97 DATE OF DOCUMENT Lw ohm SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIPI(IES) SIGNER(S) OT~ER THAN NAMED ABOVE Q1993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P 0 Box 7184 Cancga Park, CA m a .. 8. . ‘L AMENDMENT NO. 1 TO LEASE-PURCHASE AGREEMENT This Amendment is entered into and effective as of the - da of November , 1997 amending the Agreement dated November 15, 1996 by an between the City of Carlsbad, a municipal corporation, hereafter referred to as “City and Motorola, Inc., hereafter referred to as “Contractor”, for Lease-Purchases of 80 MHz radio equipment. 18th RECITALS WHEREAS, the initial Agreement dated November 15, 1996 identifie1 potential multiple equipment lists to which the main terms and conditions of the Lease Purchase Agreement would be applicable, referred to as “any Schedule A now c hereafter attached hereto”; and WHEREAS, the parties to the aforementioned Agreement desire to ad an additional equipment list, Schedule A-1 in order to provide for the lease-purchasc funding for Phase II, Part 1 800 MHz radio equipment. NOW, THEREFORE, in consideration of these recitals and the mutu; covenants contained herein, City and Contractor hereby agree as follows: 1. The original Lease-Purchase Agreement is amended by th addition of a new equipment list entitled Exhibit A-1, containing the number, typr location and cost of radio equipment to be furnished and/or installed by Motorola o the dates therein shown, on file in the office of the City Clerk. 2. Said Agreement is further amended by the addition of a additional Schedule B-1, setting forth payment numbers, dates and amounts wit regard to payments for the equipment set forth on Schedule A-1, also on file in th 1 , e a .e ,. ‘1 office of the City Clerk. In the event City elects to use the credit facility provided for b! paragraph 2 of the main Agreement for payment of equipment listed on equipment \k Schedule A-1, such payments shall be made in accordance with Schedule B-1, ii addition to other payments otherwise due under said Agreement. 3, All other provisions of the aforementioned Agreement nc amended by this Amendment No. 1 shall remain in full force and effect. ACKNOWLEDGED AND ACCEPTED: CONTRACTOR & by: ,/AJ- r/) w/ - DATED: t(\k&L?T ATTEST DATED: Q\uLh \ APPROVED AS TO FORM. RONALD R. BALL, City Attorney “ctl-.ltlv DATE - by: UkL 0. RICHARD RUDOLW City Attorn (Proper notarial acknowledgment of execution by Contractor must be attached.) 2 << f . m e ' CALlFORNlA ALL-PURPOSE ACKNOWLEDGMENT On d@e& Lb! f%Y7 before me, h =K- &66erf. doh p ob Ire kAME. TITLE OF OFFICER - dG , "JANE WE, NdrARY PUBLIC" NAMQS) OF SIGNER(S) Rpersonally known to me - [ to be the person@+ whose name(@@& subscribed to the within instrument and a knowledged to me tha@kh&my executc the same in mheHw&r authorize capacity(w, and that by @&tht signaturew on the instrument the persow or the entity upon behalf of which tt person(+ acted, executed the instrumer WITNESS my hand and official seal. SIGNATURE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could pre fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTBON OF ATTACHED DOCUMEH 0 CORPORATE OFFICER 3 m(S) ATTORNEY-IN-FACT NUMBER OF PAGES / I-?' 6-7 7 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EMITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 61 993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 71 84 Canoga Park, CA 1 v e . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of SL 3 ww On rid& 26 I 1447 before me, w Kc &be+, do++wq P ubirc kAME. TITLE OF OFFICER - E 6, *JANE WE. NOTARY PUBLIC" DATE personally appeared - s-cei/h J. pdh @personally known to me - BR z L NAME(S) OF SIGNER(S) knowledged to me that@h&bey execute the same in OhenL-eCreiF authorizc capacity(i@, and that by @h&% signature(&+ on the instrument the person6 or the entity upon behalf of which tt person(+ acted, executed the instrumer WITNESS my hand and official seal. SI~NATURE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could pre fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEN w#JfD- -(S) 0 GENERAL AlTORNEY-IN-FACT I/Vd=- $77 DATE OF DOCUMENT kwfy a/sm SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OT~ER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 7184 Canoga Park. CA , a 0 (President or vice-president and secretary or assistant secretary must sign fo corporations. If only one officer signs, the corporation must attach a resolution certifiec by the secretary or assistant secretary under corporate seal empowering that officer tc bind the corporation.) 3 a e ATTEST DATED: \( \LG \5\ ALETHA RAU ~~RovED_ASOR APPROVED AS TO FORM RONALD R. BALL, City Attorney RIC ARD F*Ry **: L" OROLA by:&k u b. RICHARD RUDOLF@ City Attorney (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign ' corporations. If only one officer signs, the corporation must attach a resolution certifi by the secretary or assistant secretary under corporate seal empowering that officer bind the corporation.) 3 QUANTITY DESCRIPTION (Manufacturer, Model, and Serial Nos.) Refer to attached Equipment List. Equipment Location: 1 0 m .. ', CITY OF CARLSBAD 9/30/97 Schedule "A u! MOBILES, PORTABLES, AND CONTROL STATIONS RCS CONTRACT PRICING Item qtY ModeUOption Description RCS Unit Price RCS Total Price ASTRO DIGITAL RADIOS Mobile Radios For Fire Dept RCS CONTRACT#43095 4 22 T99DX ASTRO DIG SPECTRA MOBILE SERIES 1,937.00 42,614.00 4a 22 133W ASTRO SPECTRA A9 35W 900MHt REMOTE 541 .OO 11.902.00 4b 22 G51 ENH: ENHANCED SMARTNET OPERATION 447.00 9,834.00 4c 22 G114 ENH: DIGITAL ID DISPLAY 43.00 946.00 4 d 22 G806 ENH: APCO 25 COMMON AIR INTERFACE 34.00 748.00 PACKAGED UNIT PRICE 3,00200 ANNUAL MAINTENANCE AGREEMENT 22 YEAR 2 MAINTENANCE FOR ANY ABOVE SELECT RADIO 60.00 1,320.00 22 YEAR 3 MAINTENANCE FOR ANY ABOVE SELECT RADIO 60.00 1,320.00 Portable Radios Fire Dept 34 25 HOSUCHSPW-N ASTRO DIGITAL XTS3000 MODEL 111 PORT 1,931 .OO 48,275.00 500.00 12,500.00 34 a 25 (2806 ASTRO DIGITAL CAI OPERATION 34 b 25 H38 ENHANCEDSMARTZONEOPERATION 695.00 17,375.00 34c 25 H14 ADD: ID DISPLAY 75.00 1,875.00 34d 25 H799 ADD SYSTEM TEST RESULT 0.00 0.00 34 e 25 H885 2 YEAR SERVICE PLAN 36.00 900.00 PACKAGED UNIT PRICE 3a7.00 Options a Accessories 39 12 NMN6193 REMOTE SPEAKER MIC 70.00 840.00 40 14 "8294 BATERY, ULTRA HI CAPACITY NICAD FM 132.00 1,848.00 41 7 "1168 CHARGER DESKTOP SINGLE UNIT 95.00 665.00 45 1 TDN9430 BAITERY MAINTENANCE SYSTEM 757.00 757.00 46 6 TDN9435 BATERY ADAPTER 31 .OO 186.00 47 8 "8382 CARRY CASE, BELT LOOP LEATHER 38.00 304.00 48 23 TDN9816 VEHICULAR EATERY CHARGER XTS3000 21 8.00 5,014.00 144 2 HOl KDH9PM-N ST1000 PROGRAMMABLE VHF PORTABLE $877 $1,754 146 2 H226 ULTRA HIGH BATTERY $23 $46 1 47 2 H437 RAPID CHARGER COMPACT $49 $98 148 2 H129 VHF ANTENNA $0 $0 1 49 2 1.1319 SWIVEL LEATHER CASE WlBELT LOOP 2.5. $32 $64 150 2 H885 EXPRESS 2 YR WARRANTY HTUT UNITS $31 $62 151 2 Q37 PROGRAMMING KEY ST 1000 $75 $1 50 Mobile Control Stations Fire 56 6 T99DX ASTRO DIGITAL SPECTRA MOBILE SERIES 1,937.00 11,622.W 56a 6 132W 35W 800 806-870 W7 337.00 2,022.0c -56b 6 G51 ENH: ENHANCED SMARTZONE OPERATION 447.00 2.682.0c 56 c 6 G114 ENH: DIGITAL ID DISPLAY 43.00 258.0C 56 d 6 W665 ADD: CONTROL STATION OPERATION 338.00 2,028.0C 566 6 6806 ENH: APCO 25 COMMON AIR INTERFACE 34.00 204.0c PACKAGED UNIT PRICE 3,136.W 6 YEAR 2 MAINTENANCE FOR ANY ABOVE SELECT RADIO 60.00 360.0( 6 YEAR 3 MAINTENANCE FOR ANY ABOVE SELECT RADIO 60.00 360.0( Revised FINLPB 9/30/97 l m e .. t MOBILES, PORTABLES, AND CONTROL STATIONS RCS CONTRACT PRICING Item qty ModeUOption DescnptIon RCS Unit Pnce RCS Total Price For use with Mobile & Desktop Stations RCS CONTRACT#43095 ANTENNA SYSTEMS 72 120 L1702 1/2' SUPERFLEX, POLY JKT, PER FOOT 3.78 453.60 73 12 TDN8809 1/2"CONN, N PLUG S-FLEX (PLTD) 46.58 558.96 74 12 5880367821 MinWHF M TO NF 16.75 201 .oo 75 300 L1705 112" LDF HELIAX, PaLv JKT, PER FOOT 2.61 783.00 76 0 L1705 1/2" LDF HELIAX, POLY JKT, PER FOOT 2.61 0.00 n 12 TDN8814 1/2"CONNECTOR, N PLUG (PLATED) 40.50 486.00 78 12 TDN8815 1/2"CONNECTOR, N JACK (PLATED) 40.50 486.00 79 12 RRX4038A COAX PROTECTOR 76.15 913.80 80 12 TDN6673 1/2"CABLE GROUND CLAMP KIT 23.85 286.20 81 12 TDN6670 CABLE TIES, NYLON 37.35 448.20 82 6 TDF6441 YAGI ANTENNA 88.20 529.20 ASTRO DIGITAL RADIOS Mobile Radios For Poike oept 1 24 T99DX ASTRO DIGITAL SPECTRA MOBILE SERIES 1,937.00 46,488.00 1 a 24 129W zw 800 806-wo w3 540.00 12,960.00 1 b 24 W496 WH: REMOTE MOUNT WITH 17 FT CABLE 2!23.00 5,352.60 1 c 24 G51 ENH: ENHANCED SMARhOME OPERATlON 447.00 10,728.00 1 d 24 G114 ENH: DIGITAL ID DISPLAY 43.00 1,032.00 1 e 24 G806 ENH: APCO 25 COMMON AIR INTERFACE 34.00 81 6.00 PACKAGED UNrC PRICE 39224.00 4 39 T99DX ASTRO DIG SPECTRA MOBILE SERIES 1,937.00 75,543.00 4a 39 133W ASTRO SPECTRA W9 35W 800MHZ REMOTE 541 .00 21,099.00 4b 39 G51 ENH: ENHANCED SMARTNET OPERATION 447.00 17,433.00 4c 39 G114 ENH: DIGITAL ID DISPLAY 43.00 1,677.00 4d 39 G806 ENH: APCO 25 COMMON AIR INTERFACE 34.00 1,326.00 PACKAGED UNIT PRICE 3,00200 5 4 M99DX ASTRO SPECTRA MOTORCYCLE 2,370.00 9,480.oc 5a 4 181W 15 WATT 800 806-870 W7 CONTRL HEAD 337.00 1,348.0C 5b 4 G51 ENH: ENHANCED SMARTZONE OPERATION 447.00 1,788.0C 5c 4 G114 ENH: DIGITAL ID DISPLAY 43.00 172.00 5d 4 W15 ADD: BLACK WEATHER RSM ENCLOSURE 0.00 0.00 5e 4 G806 ENH: APCO 25 COMMON AIR INTERFACE 34.00 136.00 PACKAGEb UNIT PRICE 3,231.00 ANNUAL kIAIMENANCE AGREEMENT 67 YEAR 2 MAINTENANCE FOR ANY ABOVE SELECT RADIO 60.00 4,020.00 67 YEAR 3 MAINTENANCE FOR ANY ABOVE SELECT RADIO 60.00 4,020.00 Portable Radios Police Dept 34 108 HOSUCHSPW-N ASTRO DIGITAL XTS3000 MODEL 111 PORT 1,931 .OO 208,548.00 695.00 75,060.0C 34b 108 H38 ENHANCED SMARTZONE OPERATION 34c 108 H14 ADD: ID DISPLAY 75.00 8,100.M: 34 d 108 H799 ADD SYSTEM TEST RESULT 0.00 0.0c 34 e 108 H885 2 YEAR SERVICE PLAN 36.00 3,888.0C 34 a 108 Q806 ASTRO DIGITAL CAI OPERATION 500.00 ~,ooo.ao PACKAGED UNIT PRICE 337.00 RWSed FlNLPBl 9/30/97 0 a .. '. a' MOBILES, PORTABLES, AND CONTROL STATIONS RCS CONTRACT PRICING RCS COMRACT#43095 Item qty ModeUOption Descnption RCS Unit .Price RCS Total Pnce 39 20 NMN6193 REMOTE SPEAKER MIC 70.00 1,400.00 40 12 MN8294 BATTERY, ULTRA HI CAPACITY NlCAD FM 132.00 1,584.00 41 108 "1168 CHARGER DESKTOP SINGLE UNIT 95.00 10,260.00 4s 1 TON9430 BAllERY MAINTENANGE SYSTEM 757.00 757.00 46 6 TDN9435 BATTERY ADAPTER 31 .OO 186.00 47 1 NTN8382 CARRY CASE, BELT LOOP LEATHER 38.00 38.00 48 21 TDN9816 VEHICULAR BAlTERY CHARGER XTS3000 21 8.00 4,578.00 10 NAF5042 STUBBY QUARTRE WAVE ANTENNA 23.00 230.00 Options & Acu?ssorfes Mobile Control Stations Police Oept 56 7 T99DX ASTRO DIGITAL SPECTRA MOBILE SERIES 1,937.00 13,559.00 337.00 2,359.00 56 c 7 G114 ENH: DIGITAL ID DISPLAY 43.00 301 -00 56 d 7 W665 ADD: CONTROL STATlON OPERATION 338.00 2,366.00 56 e 7 G806 ENH: APCO 25 COMMON AIR INTERFACE 34.00 238.00 56 a 7 132W 35W 800 806-870 W7 ENH: ENHANCED SMARTZONE OPERATION 447.00 3.1 29.00 56 b 7 G51 PACKAGED UNIT PRICE 3,136.00 7 YEAR 2 MAINTENANCE FOR ANY ABOVE SELECT RADIO 60.00 420.00 7 YEAR 3 MAINTENANCE FOR ANY ABOVE SELECT RADIO 60.00 420.00 ANTENNA SYSTEMS For use with Mobile 6 Desktop Stations 72 140 Ll702 1/2" SUPERFLEX, POLY JKT, PER FOOT 3.78 529.20 73 14 TDN8809 lR"CONN, N PLUG S-FLEX (PLTD) 46.58 652.1 2 74 14 5880367821 MinWHF M TO NF 16.75 234.50 75 450 L1705 1/2" LDF HEUAX, POLY JKT, PER FOOT 2.61 1,174.50 76 0 L1705 1/2' LDF HEUAX, POLY JKT, PER FOOT 2.61 0.00 77 14 ~~~aai4 lFCONNECTOR, N PLUG (PLATED) 40.50 567.00 78 14 TbNUBi.5 1R"CONNECTOR. N JACK (PLATED) 40.56 567.00 79 14 RRX4038A COAX PROTECTOR 76.15 1,066.1 0 80 14 TDN6673 1ECABLE GROUND CtAMP KIT 23.85 333.90 81 14 TDN6670 CABLE TIES, NYLON 37.35 522.90 82 7 TDF6441 YAGI ANTENNA 88.20 61 7.40 DIGITAL RADIO EQUIPMENT FOR CITY WATER DEPT ASTRO DIGITAL RADIOS Mobile Radios For Wafer eepartment 4 39 T99DX ASTRO DIG SPECTRA MOBILE SERIES 1,937.00 75,543.00 4a 39 133W ASTRO SPECTRA A9 35W 800MHZ REMOTE 541 .oo 21,099.00 4 b 39 G51 ENH: ENHANCED SMARTNET OPERATION 447.00 17,433.00 4c 39 G114 ENH: DIGITAL ID DISPLAY 43.00 1.677.00 4d 39 G806 ENH: APCO 25 COMMON AIR INTERFACE 34.00 1,326.00 PACKAGED UNIT PRICE 3,00200 39 YEAR 2 MAINTENANCE FOR ANY ABOVE SELECT RADIO 60.00 2,340.00 39 YEAR 3 MAINTENANCE FOR ANY ABOVE SELECT RADIO 60.00 2,340.00 Revised FINLPBK gam7 e e .* i," I- MOBILES, PORTABLES, AND CONTROL STATIONS RCS CONTRACT PRICING Item m ModeVOpbon Description RCS Unit Price RCS Total Price 34 8 HOSUCHSPW-N ASTRO DIGITAL XTS3000 MODEL Ill PORT 1,931 .OO 15,448.00 34a 8 Q806 ASTRO DIGITAL CAI OPERATION 500.00 4,000.00 34b 8 H38 ENHANCED SMARTZONE OPERATION 695.00 5,560.00 %C 8 H14 0 ADD: ID DISPLAV 75.00 600.00 34d 8 H799 ADD SYSTEM TEST RESULT 0.00 0.00 34e 8 H885 2 YEAR SERVICE PLAN 36.00 288.00 Rcs WN7RACr#43095 Portable Radios Water Department PACKAGED UNIT PRICE 3237.00 40 8 NTN8294 BATTERY, ULTRA HI CAPACITY NlCAO FM 132.00 1.056.00 45 1 TDN9430 BATERY MAINTENANCE SYSTEM 757.00 757.00 1 24 6 TDN9435 BAlTERY ADAPTER 31 .oO 186.00 131 1 NTN1177 CHARGER,ll OV MULTl RAPID 591 .00 591 .OO SPECTRA DlGiTAL Mobile Control Stations Water 56 4 T99DX ASTRO DIGITAL SPECTRA MOBILE SERIES 1,937.00 7,748.00 56 a 4 132W 35W 800 806-870 W7 337.00 1,348.00 56 b 4 G51 ENH: ENHANCED SMARTZONE OPERATION 447.00 1,788.00 56d 4 W665 ADD: CONTROL STATION OPERATION 338.00 1,352.00 56C 4 G114 ENH: DIGITAL ID DISPLAY 43.00 172.00 56e 4 G806 ENH: APCO 25 COMMON AIR INTERFACE 34.00 136.00 PACKAGED UNIT PRICE 3,136.00 4 YEAR 2 MAINTENANCE FOR ANY ABOVE SELECT RADIO 60.00 240.00 4 YEAR 3 MAINTENANCE FOR ANY ABOVE SELECT RADIO 60.00 240.00 ANTENNA SYSTEMS 157 80 L1702 l/Z SUPERFLEX, POLY JKT, PER FOOT 3.70 302.40 158 8 TDN8809 1/2"CO", N PLUG SFLEX (PLTD) 46.58 372.64 159 8 5880367021 Mini/UHF M TO NF 16.75 134.00 160 250 L1705 1F LDF HEM, POLY JKT, PER FOOT 2.61 652.50 161 0 L1705 l/T LDF HELlAX, POLY JKT, PER FOOT 261 0.00 162 8 TDN8814 1/2"CO"ECTOR, N PLUG (PLATED) 40.50 324.00 163 8 TDN8815 1/2"CONNECTOR, N JACK (PLATED) 40.50 324.00 164 8 RRX4038A COAX PROTECTOR 76.15 609.20 166 8 TDN6670 CABLE TIES, NYLON 37.35 298.80 168 4 TDF6441 YAGI ANTENNA 88.20 352.80 165 8 TDN6673 IECABLE GROUND CLAMP KIT 23.85 i9o.ao CITY OFCARLSBAD EQUIPMENT $966,012 TAX -47866 CITY OF CARLSBAD EQUIP TOTAL $I ,040,878 lNSTALlATl0NlREMOVALS $50,750 TOTAL $1,091,628 Revised FlNLPBt 9/30/97 a 0 ,. .~ ,'I * - 11lfZl997 Page 1 . -. -. -------- -- Carlsbad , City of (Schedule B)lt) Compound Period ........ : Annual Nominal Annual Rate .... : 5.790 % Effective Annual Rate ... : 5.790 % Periodic Rate .................. : 5.7900 % Daily Rate ........................ : 0.01 586 % CASH FLOW DATA Event Start Date Amount Number Period End Date 1 Loan 12101/199? 1,091,628.00 1 2 Payment 02/01 /I 998 105,823.07 15 Annual 02/01 I201 2 AMORTIZATION SCHEDULE - Normal Amarkation Balance Loan 12/01 I1 997 1,091,628.00 1997 Tot8ls 0.00 0.00 0.00 --_ . Date - .... --....--__ . I. --- Payment Interest Principal 1 02lO1/1998 105,823.07 10,736,24 95,086.83 996,541.17 1998 Totals 405,823.07 10,736.24 95,086.83 2 02101/1999 105,823.07 57,699.73 48,123.34 948.41 7.83 1999 Totals 105,823.07 57,699.73 48,123.34 3 0210112000 105,823.07 54,913.39 50,909.68 897,508.15 2000 Totals 105,823.07 54,913.39 50,909.68 2001 Totals 105.823.07 51.965.72 53.057.35 2002 Totals 105,823.U7 40,047.38 56,975.69 4 02Kl1n001 105,823.07 51,965.72 53,857.35 843,650.80 5 0210112002 105,823.07 48,847.38 56,975.69 786,675.1 1 6 02tOll2003 105,823.07 45348.49 60,274.58 726,400.53 2003 Totals 105,823.07 45,548.49 60,274.50 7 02/01/2004 105,023.07 42.058.59 63,764.48 662,6%. 05' 2004 Totals i os,an.07 42,058.59 03.704.48 8 O2/01R005 105,823.07 38,366.63 67,456.44 595,179.61 2005 Totals 1 05,823.07 38,36663 67,456.44 9 OUo1/2006 105,823.07 34,460.90 71,362.17 523,817.44 2006 Totals 105,623.07 34'460.90 71,362.17 10 02/01/2007 105,823.07 30,329.03 75,494.04 448,323.40 2007 Totals 105,823.07 30,329.03 75,494.04 1111211997 Page 2 a e .- .'. 4: -. -- -- Carlsbad , &-of (Schedule @) - ~ ---- Balance - Principal _- ... -*-.- _- Date Payment - interest ?? 02K)112008 105,823.07 25,957.92 79,865.1 5 368,458.25 ma8 ~otals 105,823.07 25,957.92 79.865 15 12 02/01/2009 105,823 07 21,333 73 84,480.34 283,968 91 2009 Totals 105,823.07 21,333.73 84,489 34 13 02/01/2010 105,823.07 16,441.80 89,381 27 194,587.64 201 0 Totals 105,823.07 16,447.80 09,381.27 14 02/01/2011 105,823 07 1 1,266.62 94,556.45 100,031 19 2011 Totals 105,823.07 17,266 62 94,556.45 15 02/01/2012 105,823 07 5,791 08 100,031.19 0.00 2012 Totals 105,823.07 5,791 -88 100,031.19 Grand Totals 1,587,346.05 495.71 8 05 q ,091,628.00 WITTAL INSURANCE REQUIREMENT. $1,091,628 00 Except as specifically provided III scr'lton fivc of the Lease hereof, ~cssce agrtcs to pay U, LcsEor or ~ts ;~ssrgn:ncc thc La Paymcnts, including rhc merest poruorl, ;n thc amounts and dates specified in the above pay!" schcdulc. LESSOR. Motorola, Inc. Title. V CLAUDE A. LEWIS, v- Mayor Oyd& Title. t I) @ jq ,*? - 4: CERTIFICATE OF INCUMBENCY I, Aletha L. Rautenkranz do hereby certify that I am the duly elected or appointed and acting Secretary or Clerk of the Carlsbad 9 an entity duly organized and existing under the laws of the State of California that I have custody of the records of such entity, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of such entity holding offices set forth opposite of their respective names. I hrther 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 20691 dated I I 1 \&'/97 , and Schedule A number 20691-A7 dated I! ! L%'/(47, between City of Carlsbad and Motorola, Inc. (SecntarylCounty Clerk) Name Title Claude A. Lewis Mayor < IN WITNESS WHEREOF, I have executed this c rtificate d affixed the seal of A ct&&& ,heretothis 4#' dayof3d- , 1997. By: LU-, (Signature of SecmR/Clerk) SEAL