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1. LESCRIETION CH LASS MET Be INSERTED IN ROLY AND CERTIFICATE attach copy of Schedule A if applicable NOTICES Cf CANCELLATION Fleetwood Leasing L L C must be notified thirty 30 days prior to cancellation of the policy Our insurance agent hag been contacted and will provide the above coverage and evidence of same will be forwarded to you immediately FULTON COUNTY NAME OF LESSEE By x Title 25 DeForest Avenue Suite 305 Summit NJ 07901 908 22 6622
2. eg acquiring a police car a fire truck or telephone equipment through a series of monthly payments This type of obligation is sometimes referred to as a municipal lease Also check this box if real property is directly acquired in exchange for an obligation to make periodic payments of interest and principal Do not check this box if the proceeds of the obligation are received in the form of cash even if the term lease is used in the title of the issue Line 12 Check this box if the issue is a construction issue and an irrevocable efection to pay a penalty in lieu of arbitrage rebate has been made on or before the date the bonds were issued The penalty is payable with a Form 8038 T for each 6 month period after the date the bonds are issued Do not make any payment of penalty in jeu of rebate with Form 6038 GC See Rey Proc 92 22 1992 1 C B 736 for rules regarding the election document Paperwork Reduction Act Notice We ask for the information on this form to carry out the internal Revenue laws of the United States You are required to give us the information We need it to ensure that you are complying with these laws You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number Books or records relating to a form or its instructions must be retained as long as their contents may become materi
3. hereby notify YOU that YOU may have rights under the contract with the Supplier and YO may contact the Supplier for a description of any rights or warranties that YOU may hav under this supply contract YOU also waive any and alt rights and remedies granted YOL under Sections 24 508 through 24 522 of the UCC 21 TAX EXEMPTION YOU will comply with all applicable provisions of the Internz Revenue Code of 1986 as amended including without limitation Sections 103 and 24 thereof and the applicable regulations thereunder to maintain the exclusion of the interes portion of ihe Lease Payments from gross income for purposes of federat income taxation 22 BANK QUALIFICATION tf YOU checked the Bank Qualification Elected box o the front page of this Lease YOU and al YOUR subordinate entities will not issue in exces of 10 000 000 of qualified tax exempt obligations Uneluding this Lease but excludir private activity bonds other than qualified 507 c 3 bonds during the calendar year i which WE fund this Lease without first obtaining an opinion of nationally recognize counsel in the area of tax exempt municipal obligations acceptable to US that th designation of this Lease as a qualified tax exempt obligation will not be adversel affected 23 CHOICE OF LAW JURY TRIAL WAIVER This Lease shall be governed an construed in accordance with the laws of the state where YOU are located To the exten permitted by law YOU agree io waive YOUR rights io a tri
4. A SCHEDULE OF EQUIPMENT Forming a part of the lease agreement between __ FULTON COUNTY Lessee and FLEETWOOD LEASING L L C Lessor Lease Number 7047 000 Lease Dated Leased equipment shall be located at Fulton County Emergency Services 130 Peachtree Street SW Suite 3147 Atlanta GA 30303 DESCRIPTION OF EQUIPMENT Describe fully giving Manufacturer Equipment Model and Serial Numbers Lessee authorizes Lessor to reflect any reconfiguration of the Equipment by altering the Description of Equipment as described herein 1 PS RAILS HW 1 Logger Sliding Rails 1 PS IN RPIO2 PS NiceLog Installation 49 168 channels 8 to M F Local Time t PS IN ASCO1 PS Installation setup and configuration of Stand Alone NiceCLS Server with a Single Driver 8 to 5 M F Local Time Software Only or COTS No Trunked Radio 5 PS IN ASCO10 PS Installation setup and configuration of Software installation per workstation inctudes all required NICE software Administrator Supervision Scenario Replay LMR etc 1 PS PM PM1 PS Remote Project Management Basic Management Fee per Site Includes Standard Project Plan Standard Stafement of Work Pre Installation Teleconference Project Kickoff Teleconference Mid way Project Management Teteconference Debriefing 1 PS TR EU01 PS NiceLog System Administration Training Maximum of 6 students Single Day Instructor led training held at client site covering features of client
5. Required For rebating arbitrage or paying a penalty in lieu of arbitrage rebate to the Federal government use Form 8038 T Arbitrage Rebate and Penalty in Lieu of Arbitrage Rebate For private activity bonds use Form 8038 Information Return for Tax Exempt Private Activity Bond Issues Rounding to Whole Dollars You may show the money items on this return as whole dollar amounts To do so drop any amount less than 40 cents and increase any amount from 50 to 99 cents to the next higher dollar Definitions Obligations This refers to a single tax exempt governmental obligation if Form 8038 GC is used for separate reporting or to multiple tax exempt governmental obligations if the form is used for consolidated reporting Tax exempt obligation This is a bond installment purchase agreement or financial lease on which the interest is exciuded from income under section 103 Tax exempt governmental obligation A tax exempt obligation that is not a private activity bond see below is a tax exempt governmental obligation This includes a bond issued Dy a qualified volunteer fire department under section 150 e Private activity bond This includes an obligation issued as part of an issue in which e More than 10 of the proceeds are to be used for any private activity business use and Cat No 641086 Form 8038 GC iRev 11 2000 Form amp 038 GC Rev 11 2000 Page 2 More than 10 of the payment of princ
6. Suite 3147 4 City town or post office state and ZIP code Atlanta GA 30303 6 Name and title of officer or legal representative whom the IRS may call for more information Part H 8a Issue price of obligationis see instructions b Issue date single issue or calendar year consolidated see instructions o 9 Amount of the reported obligation s on line 8a a Used to refund prior issue s b Representing a loan from the proceeds of another tax exempt obligation e o bond bank 410 Ifthe issuer has designated any issue under section 265 b 34B small issuer exception check this box 11 If any obligation i is in the form of a lease or installment sale check this box 12 Ifthe issuer has elected to pay a penal ee ee in lieu of arbitrage rebate check this box Information Return for Small Tax Exempt Governmental Bond Issues Leases and Installment Sales bk Under Internal Revenue Code section 749 e OMB No 1545 0726 Caution f the issue price of the issue Is 700 000 or more use Form 8038 G Check box if Amended Return P 2 Issuer s employer identification number Poonsuite a Report number 5 7 Telephone number of officer or legal representative Description of Obligations Check if reporting a single issue __ or on a consolidated basis 1 KM kl Under penalties of perjury declare that have examined this return and accompanying schedules and statements and to t
7. Term and to pay the Lease Payments hereun YOU reasonably believe that fegally available funds in an amount sufficient fo make all Lease Payments during the Full Lease Term can be obtainad YOUR responsible financial off shall do all things lawfully within his or her power to obtain ang maintain funds from which the Lease Payments may be made Including making provision for the Lease Payments to extent necessary in each proposed annual budget submitted for approval in accordance with YOUR applicable procedures and to exhaust all available reviews and appeals if that por of the budget is not approved Notwithstanding the foregoing the decision whether to budget or appropriate funds and to extend this Lease for any Renewal Term is solely within discretion of YOUR governing body 5 NONAPPROPRIATION YOU are obligated only to pay such Lease Payments under this Lease as may lawfully be made from funds budgeted and appropriated for that purp during YOUR then current budget year If YOU fall to appropriate or otherwise make available funds to pay the Lease Payments required fo be paid in the next occurring Rene Term this Lease shali be deemed terminated at the end of the then current Original Term or Renewal Term YOU agree to deliver written notice to US of such ternination at leas days prior to the end of the then current Original Term or Renewal Term but failure to give such notice shall not extend the term of this Lease beyond the then current Original Tern Renew
8. WILL NOT AFFECT YOUR OBLIGATION TO MAKE ALL REQUIRED LEASE PAYMENTS 10 ASSIGNMENT YOU AGREE NOT TO TRANSFER SELL SUBLEASE ASSIGN PLEDGE OR ENCUMBER EITHER THE EQUIPMENT OR ANY RIGHTS UNDER THIS LEASE WITHOUT SUR PRIOR WRITTEN CONSENT YOU agree that WE may seli assign or transfer this Lease and if WE co the new owner will have the same rights and benefits that WE now have and will net have to perform any of OUR obligations and the rights of the new owner will not be subject to any claims defenses or set offs that YOU may have against US YOU hereby appoint Municipal Registrar Services the Registrar as YOUR agent for the purpose of maintaining a written record of each assignment in form necessary to comply with Section 149 a of the Internat Revenue Code of 1986 as amended Ne such assignment shall be effective until the Registrar has received written notice from the assignor of the name and address of the assignee 11 LOSS OR DAMAGE YOU are responsible for the risk of loss or destruction of or damage to the Equipment No such loss or damage relieves YOU from any obligation under this Lease If any of the Equipment is damaged by fire or other casually or title to or the ternporary use of any of the Equipment is taken under the exercise of the power of eminent domain the net proceeds Net Proceeds of any insurance claim or condemnation award will be applied te the prompt replacement repair restoration modification or improvem
9. any bill of sale certificate of title or other instrament of conveyance YOU shall nevertheless execuie and deliver any such instruments as WE may request to evidence such transfer As security for YOUR obligations hereunder WE retain a security interest in the Equipment and all proceeds thereof YOU have the right to use ihe Equipment during the term of this Lease except as otherwise expressly set forth in this Lease Aithough the Equipment may become attached to reat estate it remains personal property YOU agree not to alter or modify the Equipment or permit a lien to be placed upon the Equipment or to remove the Equipment without OUR prior written consent H WE feel it is necessary YOU agree to provide US wilh waivers of interest or liens from anyone claiming any interest in the real estate on which any items of Equipment is located WE also have the right at reasonable times to inspect the Equipment 9 MAINTENANCE YOU are required at YOUR own cost and expense to keep the Equipment in good repair condition and working order except for ordinary wear and tear and YOU will supply all parts and servicing required Alf replacement parts used or installed and repairs made to the Equipment wili become OUR property YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR PROVIDING ANY REQUIRED MAINTENANCE AND OR SERVICE FOR THE EQUIPMENT YOU WILL MAKE ALL CLAIMS FOR SERVICE ANIYOR MAINTENANCE SOLELY TO THE SUPPLIER AND OR MANUFACTURER AND SUCH CLAIMS
10. in this justification and its supporting documentation which form the basis for this justification are complete and accurate S 7 f O Date DEVELOPMENT AND PUBLIC SAFETY AGENCY INTEROFFICE MEMORANDUM CE erg TO Cecil Moore Director Wa 7m Purchasing amp Gontract Compliance Department rv a HE FROM Angela J Barrett Sirector oo Emergency Communications Department Le m April 21 2010 SUBJECT NicelogI Voice Recording System Please accept this memorandum as a request to place the Nicelog I Voice Recording System with Fleetwood Leasing L L C as an award of contract without competition on the Board of Commissioner s agenda for May 19 2010 The Nicelog I Voice Recording System is a vital element of the Fulton County Emergency Communications Center The reliability is critical to achieving the vision which is customer satisfaction If you have any questions or need additional information please contact me at 404 730 7904 AJBAls ECONOMIC DEVELOPMENT DEPARTMENT EMERGENCY SERVICES DEPARTMENT e ENVIRONMENT AND COMMUNITY DEVELOPMENT DEPARTMENT e e FIRE DEPARTMENT e PARKS AND RECREATION DEPARTMENT e e POLICE DEPARTMENT e PUBLIC WORKS DEPARTMENTe April 16 2010 Fulton County Emergency Communications Department 130 Peachtree St SW Suite 3147 Atlanta Ga 30303 There are several unique features of the Nice Logging Recorder that justify makin
11. reasonably expected to be advanced within 3 years of the date of issue of the first obligation Likewise obligations other than private activity bonds issued under a single agreement that is in the form of a lease or installment sale may be treated as part of the same issue if all of the property covered by that agreement is reasonably expected to be delivered within 3 years of the date of Issue of the first obligation Arbitrage rebate Generally interest on a state or local bond is not tax exempt unless the issuer of the bond rebates to the United States arbitrage profits earned from investing proceeds of the bond in higher yielding nonpurpoese investments See section 1480 Construction issue This is an issue of tax exempt bonds that meets beth of the following conditions 1 At least 75 of the available construction proceeds of the issue are to be used for construction expenditures with respect to property to be owned by a governmental unit or a S01 ci 3 organization and 2 All of the bonds that are part of the issue are qualified 501 c 3 bonds bonds that are not private activity bonds of private activity bonds issued to finance property ta be owned by a governmental unit or a 501 c 3 organization In Heu of rebating any arbitrage that may be owed to the United States the issuer of a construction issue may make an revocable election to pay a penalty Fhe penalty is equal to 142 of the amount of construction pr
12. s recording solution Includes System Administration Supervision Moniter Query optional Reports Package 1 PS IN VAROS PS Setup of SNMP Traps and SNMP Management Consoles Castlerock 1 SHIPPING Shipping of hardware and software FOB Destination 1 SP CO MAINO5 PS SLA Gold Maintenance Coverage 24 X 7 for Remote Critical Other Priority Monday to Friday 8am to Dom Local Initial Telephone Response 1 Hour On Site Response for Priority Ons 4 hours MAINTENANCE 5 YEARS TOTAL FULTON COUNTY FLEETWOOD LEASING L L C LESSEE LESSOR BY X BY X TITLE TITLE Fleetwood Leasing LLC Gentlemen This is to advise you that INSURANCE AGEN INSURANCE COMPANY ADDRESS ciry STATE ge ig my authorized insurance agent The above agent will provide a binder or Certificate of Insurance followed by the original policy showing the coverage provided the expiration date policy number and the equipment covered We understand your insurance requirements are as follows Fleetwood Leasing L L C and its assigns as their interests LIABILITY INSURANCE ney appear MIST BE NAMED AS ADDITIONAL INSURED AS ITS INTEREST APPEAR Bodily Injury Property Damage PHYSICAL DAMAGE INSURANCE Fleetwood leasing L L C axl its assigns as their interests my per NAMED AS LOSS PAYEE Fire and extended coverage including theft vandalism malicious mischief etc This insurance is required in an amount equal to your equipment cost
13. Agenda ltem Summary Item 1 0 0559 BOC Meeting Date 05 19 2010 _ 4 Requesting Agency Commission Districts Affected Emergency Communications E 911 ALL Requested Action identify appropriate Action or Motion purpose cost timeframe etc Request approval to award contract without competition Emergency Communications E 911 Department in the amount of 46 153 59 with Fleetwood Leasing L L C Summit NJ for maintenance of the Nicelog Voice Recording System Effective upon BOC approval Requirement for Board Action Cite specific Board policy statute or code requirement in accordance with Fulton County Purchasing code Section 2 319 and BOC Policy and Procedure 800 11 Basis for Conditions Allowing Award of Contract without Competition after following the procedure as stated in P amp P 800 11 and the Purchasing Department having determined that there is only one source available for the required supply service or construction ttem this request is forwarded to the County Manager for review and approval and presentation to the Board of Commissioners for final approval Is this Item Goal Related yes describe how this action meets the specific Board Focus Area or Goal E ves II Iw First senience includes Agency recommendation Provide an executive summary of the action that gives an Summary amp Bac kg round overview of the relevant details for the Zem The Emergency Communications E 911 requests approval to award contra
14. QUIPMENT AND THAT TELEPHO VERIFICATION OF YOUR ACCEPTANCE OF THE EQUIPMENT SHALL HAVE THE SAME EFFECT AS 4 SIGNED DELIVERY AND ACCEPTANCE CERTIFICATE Terms and Conditions continued on the reverse side of this Lease Lessor Signature Date YOU agree io all of ihe Terms and Conditions conlained in both sides of this Lease and in any athachments to same fall of which are included by reference and became part of Ihis Lease YOU acknowledge lo have read and agreed Io all tha Terms and Print Name J Conditions Joseph E X Or Sullivan 3 dn Title l You acknowledge that the ieased equipment is Ci NEW O USED Member gess ID a FOR mo Signature Date Wi on i SR FLEETWOOD LEASING L L C Print Name me ieee Lease Number Title Ge 047 000 Lease Commencement Date FOR Legal Name of Lessee FULTON COUNTY SES Vendor LD Number LEASE MUST BE SIGNED BY AUTHORIZED OFFICIAL OF LESSEE E 8 THLE PERSONAL PROPERTY LOCATION INSPECTION NO MODIFICATONS OR ALTERATIONS YOU have title to the Equipment provided that tte to the Equipment will immediately and without any action by YOU vest in US and YOU shall immediately surrender possession of the Equipment to US ei upon any termination of this Lease other than termination pursuant to Section 17 or b if YOU are in default of this Lease It is the intent of the parties hereto that any transfer of title to US pursuant to this Section shall occur automatically without the necessity of
15. al Term If this Lease is terminated in accordance with this Section YOU agree af YOUR cost and expense fo peaceably deliver the Equipment to US at the Iocatior locations specified by US D WARRANTIES WE are leasing ihe Equipment te YOU AS IS and WE MAKE NO WARRANTIES EXPRESS OR IMPLIED INCLUDING WARRANTIES MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WE iransfer to YOU without recourse for the term of this Lease all warranties if any made by manufacturer YOU ALSO ACKNOWLEDGE THAT NO ONE IS AUTHORIZED TO WAIVE GR CHANGE ANY TERM PROVISION OR CONDITION GF THIS LEASE AND EXCE FOR TRE MANUFACTURER WARRANTIES MAKE ANY REPRESENTATION OR WARRANTY ABOUT THIS LEASE OR THE EQUIPMENT WE SHALL NOT BE LIABLE F SPECIAL RESULTING OR CONSEQUENTIAL DAMAGES GR LOSS OF PROFIT OCCASIONED BY ANY BREACH OF WARRANTY OR REPRESENTATION OR RESULTI FROM THE USE OR PERFORMANCE OF THE EQUIPMENT YOUR OBLIGATION TO PAY IN FULL ANY AMOUNT DUE UNDER THE LEASE WILL NOT BE AFFECTED BY A DISPUTE CLAIM COUNTERCLAIM DEFENSE OR OTHER RIGHT WHICH YOU MAY HAVE OR ASSERT AGAINST THE SUPPLIER OR THE EQUIPMENT MANUFACTURER 7T DELIVERY AND ACCEPTANCE YOU ARE RESPONSIBLE AT YOUR OWN COST TO ARRANGE FOR THE DELIVERY AND INSTALLATION OF THE EQUIPME UNLESS THOSE COSTS ARE INCLUDED IN THE COSTS OF THE EQUIPMENT TQ US IF REQUESTED YOU WILL SIGN A SEPARATE EQUIPMENT DELIVERY A ACCEPTANCE CERTIFICATE WE MAY AT OUR DISCRETION CONFIRM BY TELEPHONE THAT YOU HAVE ACCEPTED THE E
16. al by jury 24 ENTIRE AGREEMENT SEVERABILITY WAIVERS This Lease contains thi entire agreement and understanding No agreements or understandings are binding on th parties unless set forth in writing and signed by the parties Any provision of this Leas which for any reason may be held unenforceable in any jurisdiction shall as to suci jurisdiction be inefiective without invaliding the remaining provisions of this Lease THI LEASE I NOT INTENDED FOR FRANSACTIONS WITH AN EQUIPMENT COST O LESS THAN 1 000 25 FACSIMILE DOCUMENTATION YOU agree that a facsimile copy of this Leas with facsimile signatures may be treated as an original and will be admissible as evidence of this Lease Initials A Address Re State and Local Government Lease Purchase Agreement 7047 000 dated the Agreement between Fulton County Lessee and Fleetwood Leasing L L C Lessor Ladies and Gentlemen We have acted as counsel to Lessee with respect to the Agreement described above and various related matters and in this capacity have reviewed a duplicate original or certified copy thereof the Agreement The terms capitalized in this opinion but not defined herein shall have the meanings assigned to them in the Agreement Based upon the examination of these and such other documents as we have deemed relevant it is our opinion that 1 Lessee is a political subdivision of the State of Georgia the State within the meanin
17. al in the administration of any Internal Revenue law Generally tax returns and return information are confidential as required by section 6103 The time needed to complete and file this form varies depending on individual circumstances The estimated average time IS Learning about the law or the form 7 br 68 min Preparing the form Abt A min Copying assembling and sending the form to the IRS 16 min If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler we would be nappy to hear from you You can write to the Tax Forms Committee Western Area Distribution Center Rancho Cordova CA 95743 0001 Do not send the form to this address Instead see Where To File on nage 1 CERTIFICATE OF CLERK OR SECRETARY e The undersigned do certify that the following named person s has been designated and appointed to the offices s indicated below that said person s continues to hold the office at this time and that the signature s below are genuine NAME SIGNATURE TITLE The person signing the Lease e The person s designated to serve in the above entitled capacity and executed the State and Local Government Lease Purchase Agreement 7047 000 the Lease by and between Fleetwood Leasing L L C Lessor and Fulton County Lessee on behalf of Lessee and whose genuine signature appears thereon is a duly qualified and acting officer of the Lessee as
18. ate Thus an issuer may file a separate Form 8038 GC for each of a number of small issues and report the remainder of small issues issued during the calendar year on one consolidated Form 8038 GC However a separate Form 8038 C must be filed to give the IRS notice of the election to pay a penalty in lieu of arbitrage rebate When To File To file a separate return file Form 8038 GC on or before the 15th day of the second calendar month after the close of the calendar quarier in which the issue is issued To file a consolidated return file Form 8038 GC on or before February 15th of the calendar year following the year in which the issue is issued Late filing An issuer may be granted an extension of time to file Form 8038 GC under Section 3 of Rev Proc 68 10 1988 1 C B 635 if it is determined that the failure to file on time is not due to willful neglect Type or print at the top of the form This Statement Is Submitted in Accordance with Rev Prec 88 10 Attach to the Form 8038 GC a letter briefly stating why the form was not submitted to the IRS an time Also indicate whether the obligation in question is under examination by the IRS Do net submit copies of any bond documents leases or installment sale documents See Where To File below Where To File File Form 8038 GC and any attachments with the Internal Revenue Service Center Ogden UT 84201 gt Type or print name and title Other Forms That May Be
19. ct without competition for the maintenance of the Nicelog Voice Recording System The recording system is a vital element of the Fulton County Emergency Communications E 911 Center for which it records trunked radio systems that store the call audio and call data separately The voice logger is a device or program used to record information for telephones radios and other sources for storage on a computer s hard drive removable media lt a Fulton County Board of Commissioners Page 1 of 1 The Emergency Communications E 911 is responsible for the reproduction of data recording for the Open Records Act Emergency Communications currently utilizes the Dictaphone Freedom system that is approaching its end of life for voice logging The Freedom System is a product developed by Dictaphone and is at least 11 years old The Nicelog Voice Recording System is critical to the operation of the 9 1 1 center A maintenance agreement to maintain and service the Nicelog Voice Recording System will reduce the likelihood of failure H d iaciude projected cost approved budge amount and account number source of funds and any future funding 340 333 3333 1117 The Emergency Telephone System Emergency Communications 911 Office Equipment Repair amp Maintenance 46 153 59 Exhibits Attached Provide copies of originals number exhibits consecutively and label all exhibits in the upper right corner Exhibit 1 Justification and Approval for Allow
20. d this Section plus the then applicable Purchase Price to be paid to YOU YOU are also required to pay i all expenses incurred by US in connection with tt enforcement of any remedies including all expenses of repossessing storing shippin repairing and selling tha Equipment and ii reasonable attorneys fees 7 PURCHASE OPTION Provided YOU are not in default YOU shall have the optic fo purchase ali but not less than ali of the Equipment a on ihe date ihe fast Lea Payment is due assuming this Lease is renewed at ihe end of the Original Term and ear Renewal Term if this Lease is stil in effect on thai day upon paymeni in full of Leas Payments and all other amounts then due and the payment of One Dollar to US Go on th last day of tha Original Term or any Renewal Term then in effect upon at feast 60 day prior written nofice to US and payment in full to US of the Lease Payments and all oth amounts then due plus the then applicable Purchase Price set forth on the Lease Payme Schedule or c if substantial damage to or destruction or condemnation of substantially z of the Equipment has occurred on the day specified in YOUR written notice to US YOUR exercise of the purchase option upon at least 60 days prior notce to US ar payment in ful to US of the Lease Payments and all other amounts then due plus the the applicable Purchase Price sei forth on the Lease Payment Schedule 18 REPRESENTATIONS AND WARRANTIES YOU warrant and represen
21. e b Hot swappable redundant Power Supply P OnOff hook detection DTMF detection for analog telephony interface only k Beep tone insertion for analog interface Loggers k Generic OS SNMP Agent kk Der ID ior analog telephony interface only b 6729 Compression k TMF ROD for analog telephony interface only 1 PSDVD 2 89 Dual DVB Drives 2440 Hours per DVD 12 ANALOGS 8 Channels Analog interface 1 EXT SQCH Activity detection by extemal trigger squelch per 24 inputs i LOWZ2 600 Ohm impedance on analog inputs per 24 inputs 4 CA04 Open leads cable for up to 24 extensions 10m long 1 PSSR BAS BND Applications bundle for Public Safety Applications Bundle for Public Safety 3x Scenario Reptay User Licenses k 5 x LMR Seat position Licenses Last Message Replay 3x NICE Monitor User Licenses Single Supervision User License Single NICE Administrator User License User s Manual CD 8 NAP SRU Scenario Replay Application Licenses 1 CD 89 ANI ALI ANI ALI Annotator 1 CSTRCK SNMP2 Castle Rock SNMP Solution 4 NCLS89 SW SRY NiceCLS Basic Server SW Only 2 NCLS89 REC NiceCLS Server license per 50 seats 1 NCLS89 TOTAL Total recording Software license per NiceCLS Server 1 NCLS89 FIXED SEATING NiceCLS configured with Fixed Seating support 1 CD 89 CVOX Logger activity detection driver FULTON COUNTY FLEETWOOD LEASING L L C LESSEE LESSOR BY X BY X TITLE TELE PAGE 2 OF 2 Fleetwood Leasing LLC EXHIBIT
22. ent of that Equipment unless YOU have exercised YOUR option to purchase the Equipment pursuant to Section 17 Any balance of the Net Proceeds remaining after such work has been completed shalf be paid to YOU 12 INDEMNITY WE are not responsible for any losses or injuries caused by the manufacture acquisition delivery installation ownership use lease possession maintenance operation or rejection of the Equipment or defects in the Equipment To the extent permitted by law YOU agree to reimburse US for and te defend US against any claim for losses or injuries relating to the Equipment This indemnity will continue even after the termination of this Lease 13 TAXES YOU agres to pay all applicable license and registration fees sale and use taxes personal property taxes and all other faxes and charges relating to the ownership leasing rental sale purchase possession or use of the Equipment except those based on OUR net income YOU agree that if WE pay any taxes or charges YOLU will reimburse US for all such payments and will pay US interest and a late charge as calculated in Section 3 on such payments with the next Lease Payment plus a fee for OUR collecting and administering any taxes assessments or fees and remitting therm to the appropriate authorities 14 INSURANCE During the term of this Lease YOU will keep the Equipment insured against all risks of loss or damage in an amount not less than the replacement cost of ihe Equ
23. f he equipment lists needed for projects are incomplete or contested Support for older products is difficult to obtain or takes longer than expected A new project with this vendor which had stalled for an extended period of time ts now underway Our hope is that the vendor relationship will improve when we are utilizing their current product line instead of an outdated product line However at this time we only feel comfortable giving this vendor only a satisfactory overall rating ould you selectirecommend this vendor again Check box for Yes Leave Blank for No 4 14 2010 Submit Close Print View http employeecentral co fulton ga us collaborate purchasing layouts FormServer aspx XmlLocation c 4 23 20 Kai D I STATE AND LOCAL GOVERNMENT LEASE PURCHASE AGREEMEN PHONE 800 828 622 FACSIMILE 808 222 220 Si Full Legal Name Phone Number ag Fulton Count FLEE UWWOOU LEASING LLU SEN DBA Name if any Purchase Order Requisition Number tee Io Billing Address City State Zip Send Invoice to Attention of 130 Peachtree Street SW Suite 3747 Atlanta GA 0303 Model No Serial Number Description Attach Separate Schedule if Necessa DIGITAL LOGGING RECORDER AS FURTHER DESCRIBED ON EXHIBIT A SCHEDULE OF EQUIPMENT City Stale zip Atlanta GA 30303 Lease Payments 1 payment 34 438 80 followed by 4 paymenis 46 153 59 plus applicable taxes Number of Lease Payments
24. g Section 103 c of the Internat Revenue Code of 1986 as amended and is duly organized existing and operating under the Constitution and laws of the State 2 Lessee is authorized and has the power under applicable law to enter into the Agreement and to carry out its obligations thereunder and the transactions contemplated thereby 3 The Agreement has been duly authorized executed and delivered by and on behalf of Lessee and is a legal valid and binding obligation of Lessee enforceable in accordance with its terms except as enforcement thereof may be limited by bankruptcy insolvency and other similar laws affecting the enforcement of creditors rights generally and by general equitable principles 4 The authorization and execution of the Agreement and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all applicable open meeting public records public bidding and all other laws rules and regulations of the State 5 The execution of the Agreement and the appropriation of monies to pay the Rental Payments coming due thereunder do not and will not result in the violation of any constitution statutory or other limitation relating to the manner form or amount of indebtedness which may be incurred by Lessee 6 There is no limitation action suit or proceeding pending or before any court administrative agency arbitrator or governmental body that challenges the or
25. g it a sole source product These features include Nice is the only recorder on the market to ever be tested and verified for performance by Motorola for operation with their trunked radio systems without the use of de trunking LORI LOMD cards Nice is the onfy major vendor which can record trunked radio systems that store the call audio and call data separately This method verses annotating call audio with call data within the recorder database provides much higher throughput and will handle much higher call volumes Nice is the only recording vendor that can provide the following information in an icon format within a visual scenario reconstruction of multiple radio transmissions trunked interface required Emergency Transmissions Status Messaging Supergroup Multi Select visually displays the which groups belonged and which participated Busy Status denied push to talk Encrypted audio format on both the permanent and removable media for optimal security The recorder operating system is not accessible from the network This is a strong security advantage to prevent hacker virus infiltration A Packet Based recording engine to optimize performance and make retrieval of audio and cali information efficient and secure The Nice recorder will automatically re boot when power is restored Other recorders often require a manual re boot which could cause extensive down time when power is restored All calls are recorded in thei
26. ganization or existence of Lessee the authority of Lessee or its officers or its employees to enter into the Agreement the proper authorization and or execution of the Agreement or the documents contemptated thereby or the ability of Lessee otherwise to perform its obligations under the Agreement and the transactions contemplated thereby 7 The Equipment is personal property and when used by Lessee will not be or become fixtures under the laws of the State Assuming that the Equipment within the State of Georgia is located only at Lessee s facility in Fulton County Georgia then the Financing Statements should be filed with the Secretary of State of the State of Georgia at the following address Secretary of State State Capitol ATTENTION UCC Department 8 A Resolution of the Board of Directors of Lessee was duly and validly adopted by such governing body on and such resolution has not been amended modified supplemented or repealed and remains in full force and effect This opinion may be relied upon by the addressee hereof and its successors and assignees of interests in the Agreement but only with regard to matters specifically set forth herein Very truly yours rom 038 GC Rev Novernber 2000 Department of the Treasury Interna Revenue Service Part j Reporting Authorit 1 Issuer s name Fulton County 3 Number and street or P O box if mail is not delivered to street address 130 Paachtree Street SW
27. he best of my knowledge Sign Here General Instructions Section references are to the Internal Revenue Code uniess otherwise noted Purpose of Form Form 8038 GC is used by the issuers of tax exempt governmental obligations to provide the IRS with the information required by section 149 e and to monitor the requirements of sections 141 through 750 Who Must File Issuers of tax exempt governmental obligations with issue prices of less than 100 000 must file Form 8038 GC Issuers of a tax exempt governmental obligation with an issue price of 106 006 or more must file Form 8038 6 Information Return for Tax Exempt Governmental Obligations Filing 4 separate return issuers have the option to file a separate Form 8G38 GC for any tax exempt governmental obligation with an issue price of less than 100 000 An issuer of a tax exempt bond used to finance construction expenditures must file a separate Form 8038 GC for each issue to give notice to the IRS that an eiection was made to pay a penalty in lieu of arbitrage rebate see the line 12 instructions Filing a consolidated return For ail tax exempt governmental obligations with issue prices of less than 100 000 that are not reported on a separate Form 8038 GC an issuer must file a consclidated information return including all such issues issued within the calendar year gt Issuer s authorized representative and belief they are true correct and complete D
28. he original manufacturers warranty would be voided Date Public Notice posted on website Apri 30 2010 Date Public Notice closed May 5 2010 REVIEW OF OFFER S Were any offers received Y N No Number of offers received None Respondents None Date Offers submitted to User Department for review Not Applicable User Department review and recommendation Award to Fleetwood Financial A Division of IDB Leasing Inc Purchasing Agent review and recommendation Award to Fleetwood Financial A Division of IDB Leasing Ine CERTIFICATION Having conducted a good faith review of source availability regarding the materials goods and or services stipulated herein subsequent to consultation with the County Manager and the recommendation of the User Department it has been determined that there is only one source available for the required work labor or service to be done or the supplies materials or equipment to be furntshed Per the Fulton County Code of Ordinances 2 319 Conditions allowing for award of contract without competition Cecil S Moore Director certify that the facts and representations under my cognizance which are included in this justification and its supporting documentation which form the basis for this justificatign are complete and accurate Director Zachary Williams County Manager certify that the facts and representations under my cognizance which are included
29. ill be used by us only for the purpose of performing one or more of our governmental or proprietary functions consistent with the permissible scope or our authority Specifically such Equipment was selected by us to be used as follows The estimated useful life of such Equipment based upon manufacturer s representations and our projected needs is years Our source of funds for payments of the rent due under the Lease for the current fiscal year is We expect and anticipate adequate funds to be available for all future payments of rent due after the current fiscal year for the following reasons LESSEE FULTON COUNTY By X Authorized Signature Name and Title printed or typed Date PAGE 1 OF 2 Fleetwood leasing LLC EXHIBIT A SCHEDULE OF EQUIPMENT Forming a part of the lease agreement between _ FULTON COUNTY Lessee and FLEETWOOD LEASING L L C Lessor Lease Number 7047 000 Lease Dated Leased equipment shall be located at Fulton County Emergency Services 130 Peachtree Street SW Suite 3147 Atlanta GA 30303 DESCRIPTION OF EQUIPMENT Describe fully giving Manufacturer Equipment Model and Serial Numbers Lessee authorizes Lessor to reflect any reconfiguration of the Equipment by altering the Description of Equipment as described herein PSBAS 96A 96 Channel NiceLog Bundle Inciudes amp Recording platform Voice Logger Including NiceLog V8 9 SW Total of 34900 hours on lin
30. ing Award of Contract Without Competition Exhibit 2 Contractor Performance Report Exhibit 3 Agreement Angela J Barrett Director Emergency Communications Department 404 730 7904 Agency Director Approval Typed Name and Title Phone Cecil S Moore Director of Purchasing 404 612 5810 Signature j 7 Date Leg gt fre S ie Revised 03 12 09 Previous versions 4re obsolete County Managers Approval Continued ee Page 2 of 2 FULTON COUNTY WEE Yes Sole Source Agreement Renewal Solicitation Number Submitting Agency Staff Contact Emergency _ CONTRACTOR INFORMATION No Bid Notices Sent No Bids Received Subcontractor Information Contractor Type Select One Other Contract Party s T TOTAL i moe MAC Te e HE Prime Contractor Information Contractor Type Non M FBE Name Fleetwood Leasing L L C Name Address 25 DeForest Avenue Suite 305 Address City Summit State NJ Zip 07901 City State Zip Contact Name Clyde Eller Phone 704 876 6817 Contact Name Phone Start Date 06 1 2010 End Date 05 31 2011 Start Date End Date Upon Approvat 1 Upon Approval I Amount Amount 46 153 59 FINANCIAL SUMMARY MBE FBE Participation Total Contract Value Grant Information Summary a Original Approved Amount 46 153 59 Amount SCH Amount Requested _ Cash Previous Adjustme
31. ipal or interest of the issue is either a secured by an interest in property to be used for a private business use or payments for such property or b to be derived fram payments for property cr borrowed money used for a private business use kt also includes a bond the proceeds of which a are to be used to make or finance loans other than loans described in section 141 c 2 to persons other than governmental units anc b exceeds the lesser of 5 of the proceeds or 5 million Issue Generally obligations are treated as part of the same issue only if they are issued by the same issuer on the same date and as part of a single transaction or a series of related transactions However obligations issued during the same calendar year a under a foan agreement under which amounts are to be advanced periodically a draw down loan or b with a term not exceeding 2 0 days may be treated as part of the same issue if the obligations are equally and ratably secured under a single indenture or loan agreement and are issued uncer a common financing arrangement e g under the same official statement periodically updated to reflect changing factual circumstances Also for obligations issued under a draw down loan that meets the requirements of the preceding sentence obligations Issued during different calendar years may be treated as part of the same issue if all of the amounts to be advanced under the craw cdown loan are
32. ipment without deductible and without co insurance YOU will also obtain and maintain for the term of this Lease comprehensive public liability insurance covering both personal injury and property damage of at least 100 000 per person and 300 000 per occurrence or bodily injury and 50 000 for propery damage WE will be the sole named loss payee on the property insurance and named as an additional insured on the public lability insurance YOU will pay ali premiums for such insurance and must deliver proof of insurance coverage satisfactory to US If YOU do nat provide such insurance YOU agree that WE have the right but not the obligation to obtain such insurance and add an insurance fea to ihe amount due from you on which we make a profit 15 DEFAULT Subject to Section 5 YOU are in default of this Lease if any of the following occurs a YOU fail to pay any Lease Payment or other sum when due b YOU breach any warranty or other obligation under this Lease er any other agreement with US ch YOU become insolvent or unable fo pay YOUR debts when due YOU make an assignment for the benefit of creditors or YOU undergo a substantial deterioration in YOUR financial condition or d YOU file or have filed against YOU a petition for liquidation reorganization adjustment of debt or similar relief under the Federal Bankruptcy Code or any other present or future federal or state bankruptcy or insolvency law or a ustee receiver or liquidator is appoi
33. ithout intervention customers indicate satisfaction 3 Good Achieves contract requirements 90 of the time Usually responsive effective and or efficient delays have not impact on programs mission key employees are highly competent and seldom requite guidance customers are highly satisfied d Exceilent Achieves cartract requirements 700 of the tite dtimmeciately responsive highly efficient and or effective no delays key employees are expats ond require minimal directions cusfamers expectations are exceeded 1 Quality of Good Services Adhered to Work Pian Technical Requirements Met Reports Administration Prompt Personnel Assigned Comments H H he NICE technical suppor team are providing support on the curent analog Dictaphone system which is past end of life white we are preparing to upgrade io their new NICE digital recording system There are only a few support personel stil familiar with ihe ofdar system so support response is 4 good wut not excoileni Support is currentiy handled on a best effort basis 2 8 3 A 2 Timeliness of Performance Ware Milestones Met as Scheduled Dispiayed Reliability On Time Completion No Delays Efficient Use of Manpower and resources Comments e support response on the okier analog system Is usually 2 4 hours This is stower than desired Out is satisfactory since the current system is past its 0 normal life We would anticipate and expect much faster response time
34. ne 5 After the preprinted 5 enter two self designated numbers Number reports consecutively during any calendar year Weg 534 535 etc Part Il Description of Obligations Line 8a The issue price of obligations fs generally determined under Regulations section 1 148 1 b Thus when issued for cash the issue price is the price at which a substantial amount of the obligations are sold to the public To determine the issue price of an obligation issued for property see sections 12 73 and 1274 and the related regulations Line 8b For a single issue enter the date of issue generally the date on which the issuer physically exchanges the bonds that are part of the issue for the underwriter s or other purchaser s funds for a lease or installment sale enter the date interest starts to accrue For issues reported on a consolidated basis enter the calendar year during which the obligations were issued Lines 9a and 9b For line 9a enter the amount of the proceeds that will be used to pay principal interest or call premium on any other issue of bonds including proceeds that will be used to fund an escrow account for this purpose Both line 9a and 9b may apply to a particular obligation For example report on line Da and 9b obligations used to refund prior issues which represent loans fram the proceeds of another tax exempt obligation Line 11 Check this box if property other than cash is exchanged for the obligation
35. nted for YOU or a substantial part of YOUR assets 15 REMEDIES WE have the following remedies if YOU are in default of this Lease WE may declare the entire balance of the unpaid Lease Payments for the then curent Original Term or Renewal Term immediately due and payable sue for and receive all Lease Payments and any other payments then accrued or accelerated under this Lease charge YOU interest on atl mones due US at the rate of eighteen percent 18 per year from the date of default until paid but in no event more than the maximum rate permitted by law charge YOU a return check or non sufficient funds charg NSF Charge of 25 00 for a check that is returned for any reason ar require that YOU retum the Equipment to US and if YOU fai to return the Equipment ent upon the premises peaceably with or without legal process where the Equipment is locate and repossess the Equipment Such reium or repossession of the Equipment will n constitute a termination of this Lease unless WE expressly notify YOU in writing If tt Equipment is returned of repossessed by US and unless WE have terminated this Leas WE will sell or re rent the Equipment to any persons with any terms WE detennine at or or more public or private sales with or without notice to YOU and apply the net proceer after deducting the costs and expenses of such sale or re rent to YOUR obligations wi YOU remaining liable for any deficiency and with any excess over the amounts describe
36. nts Amount Match Required LJ In Kind This Request 46 153 59 Amount Yo Start Date CT Approval to Award TOTAL 46 153 39 Amount End Date CT Apply amp Accept Match Account Funding Line f Funding Line 2 Funding Line 3 Funding Line 4 340 333 3333 1111 KEVICONTRACT TERMS Start Date End Date Contract Type Payment Terms 06 01 2010 05 31 2011 Renewal Annual Pa ments o ROUTING amp APPRON ANS ter P oaaao EE MEY H OM 2 Oe E County Atomer A he EE aN Geer AT A information Technology Lebens LU Date ed Lt General Services ch Dates Risk Management Tan SS o Leier o oOo O Grants Management O Z oO U O O SA O A Os Date OOO O O i Purchasing Contract Compliance AE ebe Yate SAP Ai FinanceBudget Sie ate OYTO ke d NI 3ILATI I 4 JUSTIFICATION AND APPROVAL FOR ALLOWING AWARD OF CONTRACT WITHOUT COMPETITION Department Emergency Communications 911 Department Contact Latisha Schofieid Description of Supplies Services Maintenance Services for the Dictaphone Recording system Demonstration of Contractors Unique Qualifications This vendor is the manufacturer of this recording system and is the only vendor capable of providing maintenance services for this equipment Be pe MARKET SURVEY Results of Market Survey No other vendors can provide maintenance for this equipment If another vendor were to work on this system t
37. oceeds that do not meet certain spendin requirements See section 748 A 4 C and the instructions for Form 8038 T Specific Instructions In general a Form 8038 GC must be completed on the basis of available information and reasonable expectations as of the date the issue is issued However forms that are filed on a consolidated basis may be completed on the basis of information readily available to the issuer at the close of the calendar year to which the form relates supplemented by estimates made in good Faith Part Reporting Authority Amended return H this is an amended Form 6038 GC check the amended return box Complete Part and only these lines of Form 8038 GC that are being amended Do not amend estimated amounts previously reported once the actual amounts are determined See the Part Il instructions below Line 1 The issuer s name is the name of the entity issuing the obligations not the name of the entity receiving the benefit of the financing In the case of a lease or installment Sale the issuer is the lessee or purchaser Line 2 An issuer that does not have an employer identification number EIN should apply for one on Form 353 4 Application for Employer Identification Number This form may be obtamed at Social Security Administration offices or by calling _ 1 800 TAX FGRM If the EIN has not been received by the due date for Form 8038 GC write Applied for in the space for the EIN Li
38. peeve By checking the box below YOU hereby designate this Lease as a fee CUalifled tax exempt obligation as defined in Section 266 b 3 B of the wae internal Revenue Coda and represent that the aggregate face amount of FIVE 5 Full Lease Term in Months Payment Frequency bah ail tax exempt obligations excluding private activity bonds other than C Monthly SCD Qualified 501 cH3 bonds issued or to be issued by YOU and YOUR CI Quarterly dE subordinate entities during the calendar year in which WE fund this SIXTY 60 e Annually ges Lease is notreasonably expected to exceed 10 000 000 nnua i O Other O Bank Qualification Elected End of Lease S tion 1 SE TERMS AND CONDITIONS Please read YOUR copy of this State and Local Government Lease Purchase Agreement Lease carefully and feel free to ask US any questions YOU may have about It Wi YOU and YOUR refer to the Lessee and the words WE US and OUR refer to Fleetwood Leasing L L C its successors and assigns as the Lessor of the Equipment d LEASE WE agree to lease to YOU and YOU agree to lease from US the equipment listed above and on any attached schedule including all replacement parts rep additions and accessories Equipment on the terns and conditions of this Lease and on any attached schedule 2 TERM This Lease is effective on the date that itis accepted and signed by US ihe Commencement Date and continues the
39. r native format AGC Automatic Gain Control is added only on the replay portion of the system with an easy on and off toggle This ensures that calls are kept in their pristine format and the call integrity is intact Cordially Clyde Eller Sales Manager Nice Systems Inc WALES ATES eee YEARS feibeli frosgis gba ad ROrna Fleetwood Leasing LLC PROFESSIONAL SERVICES 2010 04 14 xml LAL c Submit Close Print View powered by DEPARTMENT OF PURCHASING amp CONTRACT COMPLIANCE CONTRACTORS PERFORMANCE REPORT PROFESSIONAL SERVICES Report Period Start Report Period End Contract Period Start Contract Period End 11 2010 E 3 31 2010 E 6 1 2009 PO Number PO Date 333 095C65753 C AP IO Department EMERGENCY SERVICES Contractor Fleetwood Leasing LLC Reset 1am Lamm AE eer 0 Unsatisfactory Achieves contract requirements less than 50 of the time not responsive effective and or efficient unacceptable dolay incompetence high degree of customer dissatisfaction T Poor Achieves contract requirements 70 of the tme Marginally responsive effective and or efficient delays require significant adjustnents to programs key employees marginally capable customers somewhat satisfied ds Satisfactory Achieves contract requirements 80 of the time generally responsive effective and or efficient delays are excusable andor results in minor programs adjustments employees are capable and satisfactorily providing service w
40. reafter for an original teem Original Termy en at the end of YOUR budget year in effect on the Commencement Date and may be continued by YOU for additional one year renewal terms Renewal Terms coinciding wilh YC budget year up to the total number of months indicated above as the Full Lease Term provided however that at the end of the Original Term and at the end of each Renewal T until the Full Lease Term has bean completed YOU shall be deemed to have continued this Lease for the next Renewal Term unless YOU shall have terminated this Lease pursuar Section 5 of Section 17 Lease Payments will be due upon Commencement Date until the balance of fhe Lease Payments and any additional Lease Payments or exper chargeable to YOU under this Lease are paid in full As set forth in the Lease Payment schedula a portion of each Lease Payment is paid as and represents payment of inter YOUR obligation to pay the Lease Payments and YOUR other Lease obligations are absolute and unconditional and are not subject to cancellation reduction setoff or counterc except as provided in Section 5 THIS LEASE 15 NON CANCELABLE EXCEPT AS PROVIDED IN SECTION 5 3 LATE CHARGES If a Lease Payment is not made on the date when due YOU will pay US a late charge at the rate of 18 per annum or the maximum amo permitted by law whichever is less from such cate 4 CONTINUATION OF LEASE TERM YOU currently intend subject to Seclion 5 to continue this Lease through the Full Lease
41. s once the new digital recording system is instatled and functional 3 Business Relations Responsiveness to Inquires Prompt Probiem Notifications a Comments 0 Overall the company dees a good job of answering the initial call for support within a couple of minutes The delay comes when waiting for the technician to call back Since the current system is not officially supported this is a good response time http employeecentral co fulton ga us collaborate purchasing layouts FormServer aspx XmlLocation c 4 23 201 Fleetwood Leasing LLC_PROFESSIONAL SERVICES 2010 04 14 xml Page 2 0 4 Customer Satisfaction Scope of Services Dellvered Met User Quality Requirements Met ail Industry Standards Within Budget Cost Estimate Proper invoicing Comments d The project to upgrade to the new digital system apparently has been in process for quite some time due to contract issue Now that D Che issue is resolved We re expecting them to expedite our project to migrate to the supported equipment When that happens then 1 our satisfaction will improve As of this moment however we have only a satisfactory rating for this vendor 3 e 5 Contractors Key Personnel Credentlals Experience Appropriate Effective Supervision Management Available as Needed Comments e company has occassionally been a challange to deal with Some verbal agreements for information or services are difficult to get in writing Some o
42. stated beneath his her signature and has been authorized to execute the Lease By X NAME amp TITLE Printed or Typed Date Original Balance Total Number of Payments Number of Payments per Year Payment Total Number Payment 34 438 80 2 46 153 59 3 46 153 59 4 46 153 59 2 46 153 59 Grand Totals 219 053 16 FULTON COUNTY x Signature Typed Name and Title 91 712 00 FIVE 5 ONE 13 Maintenance Regal Payment Payment 21 350 20 13 088 60 21 350 20 24 803 39 21 350 20 24 803 39 21 350 20 24 803 39 21 350 20 24 803 39 106 751 00 112 302 16 LEASE PAYMENT SCHEDULE Applied to Interest 0 00 862 34 6 168 24 4 304 72 2 254 86 20 590 16 Applied to Principal 13 088 60 16 941 05 18 635 15 20 498 67 22 548 53 91 712 00 Balance 78 623 40 61 682 35 43 047 20 22 548 53 0 00 ESSENTIAL USE SOURCE OF FUNDS LETTER RE State and Loca Government Lease Purchase Agreement Lease dated by and between FLEETWOOD LEASING L L C Lessor and FULTON COUNTY Lessee Ladies and Gentlemen This confirms and affirms that the Equipment described in the Lease is essential to the function of the undersigned or to the service we provide to our citizens Further we have an immediate need for and expect to make immediate use of substantially all such Equipment which need is not temporary or expected to diminish in the foreseeable future Such Equipment w
43. t follows ei YOU are a public body corporate and politic duly organized and existing undi the constitution and laws of YOUR State with full power and authority to enter into th Lease and the transactions contemplated hereby and ta perform all of YOUR obligatior hereunder D YOU have duly authorized the execution and delivery of this Lease E proper action by YOUR governing body at a meeting duly called regularly convened an attended throughout by the requisite majority of the members thereof or by othe appropriate official approval and all requirements have been met and procedures hay occurred in order te ensure the validity and enforceability of this Lease c YOU hav complied with such public bidding requirements as may be applicable to this Lease and th acquisition by YOU of the Equipment d all authorizations consents and approvals i governmental podies or agencies required in connection with the execution and delivery E YOU of this Lease or in connection with the carrying out by YOU of YOUR obligation hereunder have been obtained e this Lease constitutes the legal valid and bindin obligation of YOU enforceable in accordance with its terms except to the extent limited E applicable bankruptcy insolvency reorganization or other laws affecting creditors right generally 1 YOU have in accordance with the requirements of law fully budgeted an appropriated sufficient funds for the current budget year to make the Lease Payment scheduled
44. to come due during the current budget year and to meet YOUR other obligation under this Lease for the current budget year and those funds have not been expended fr other purposes g the Equipment is essential to YOUR functions or to the services YO provide to YOUR citizens YOU have an immediate need for the Equipment and expect t make immediate use of the Equipment YOUR need for the Equipment is not temporar and YOU do not expect the need for any item cf the Equipment to diminish in th foreseeable future including the Full Lease Term and the Equiprnent will be used by YO only for the purpose of performing one or more of YOUR governmental or propretar functions consistent with the permissible scope of YOUR authority and will not be used the trade or business of any other entity or person and h YOU have never failed t appropriate or ciherwise make available fends sufficient to pay rental or other payment coming due under any lease purchase installment sale or other similar agreement 19 UCC FILINGS AND FINANCIAL STATEMENTS YOU authorize US to fiie financing statement with respect to the Equipment If WE feel itis necessary YOU agre to submit financial statements audited if available on a quarterly basis 20 UCC ARTICLE 24 PROVISIONS YOU agree that this Lease is a Finance Leas as that term is defined in Artie 2A of the Uniform Commercial Code UCC YOI acknowledge that WE have given YOU the name of the Supplier of the Equipment Wi

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