HomeMy WebLinkAboutMotorola Police Department RadiosMOrCYHOLA SOLUTIONS
Motorola Solutions Credit Company, LLC
April 10, 2015
City of Pasco
P.O. Box 293
Pasco, WA 99301
Attn: Eva Lindgren
RE: Lease No: 23691
Dear Ms. Lindgren,
RECEIVED
APR 16 2015
PASCO CITY CLERK
Enclosed please find a set of originals of the Lease/Purchase Agreement No. 23691.
Should you have any questions, please call Bill Stancik, Manager Customer Finance, at 847-538-4531.
We appreciate your business and look forward to working with you.
Sincerely,
Colleen Kassner
Motorola Solutions Credit Co. LLC.
1303 E. Algonquin Rd. ILO 1-9
Schaumburg, IL 60196
c.kassner@motorolasoultions.com
847-576-6314
847-576-4768 (fax)
s�)3
Motorola Solutions Credit Co. LLC
Remit Instructions
Bank Wire Instructions:
Harris Trust and Savings Bank
111 W. Monroe St. Chicago, IL 60683
Routingfaba # 071-000-288
Account # 350-955-1
Account Name: Motorola Solutions Credit Co. LLC
Bank Phone# 312-461-3273
Regular Mail Instructions:
Motorola Solutions Credit Co. LLC
P.O. Box 71132
Chicago, IL 60694-1132
Overnight Mail Instructions:
Check Payable to Motorola Solutions Credit Co. LLC
Harris Bank
311 W. Monroe Street
Attn: Lockbox 71132, 7th Floor
Chicago, IL 60606
When remitting payment, please make check payable to Motorola Solutions Credit Co. LLC
and include invoice number or if remitting by bank wire reference account name, lease
number and send to the attention of Colleen Kassner.
Colleen Kassner
MSCC Finance
Motorola Solutions Credit Co. LLC
1303 E. Algonquin Rd. IL01-e floor
Phone: 847-576-6314
Fax: 847-576-4768
Email: c.kassner@motorolasolutions.com
LESSEE FACT SHEET
Please help Motorola Solutions, Inc. provide excellent billing service by providing the following information:
I . Complete Billing Address CITY OF PASCO
P.O. Box 293
Pasco, WA 99301
Attention: Eva Lindgren, Deputy Director of ACS
Phone: (509)544-3065
2. Lessee County Location: Franklin County
91-6001264
3. Federal Tax I.D. Number
4. Purchase Order Number to be referenced on invoice (if necessary) or other "descriptions" that may assist in
determining the applicable cost center or department:
5. Equipment description that you would like to appear on your
invoicing: PD 800MHz Radios
Appropriate Contact for Documentation / System Acceptance Follow-up:
6. Appropriate Contact & City of Pasco, Police Department
Mailing Address P.O. Box 293
Pasco, WA 99301
ATTN: Captain Jeff Harpster
Phone: (509) 545-3483
Fax. (509)545-3423
7. Payment remit to address: Motorola Credit Corp.
P.O. Box 71132
Chicago IL 60694-1132
Thank you
ELPAshort f11.01.13
EQUIPMENT LEASE -PURCHASE AGREEMENT
Lease Number: 23681
LESSEE:
LESSOR:
CITY OF PASCO
Motorola Solutions, Inc.
525 N. 3rd Ave
1303 E. Algonquin Rd.
Pasco WA 99301
Schaumburg, IL 60196
Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor, the equipment and/or software
described in any Schedule A attached hereto (°Equipment") in accordance with the following terms and conditions
of this Equipment Lease -Purchase Agreement ("Lease").
1. TERM. This Lease will become effective upon the execution hereof by Lessor. The Term of this
Lease will commence on date specified in Schedule A attached hereto and unless terminated according to terms
hereof or the purchase option, provided in Section 18, is exercised this Lease will continue until the Expiration Date
set forth in Schedule B attached hereto ("Lease Term').
2. RENT. Lessee agrees to pay to Lessor or its assignee the Lease Payments (herein so called),
including the interest portion, in the amounts specified in Schedule B. The Lease Payments will be payable without
notice or demand at the office of the Lessor (or such other place as Lessor or Its assignee may from time to time
designate in writing), and will commence on the first Lease Payment Date as set forth in Schedule B and thereafter
on each of the Lease Payment Dates set forth in Schedule B. Any payments received later than ten (10) days from
the due date will bear interest at the highest lawful rate from the due date. Except as specifically provided in
Section 5 hereof, the Lease Payments will be absolute and unconditional in all events and will not be subject to any
set-off, defense, counterclaim, or recoupment for any reason whatsoever. Lessee reasonably believes that funds
can be obtained sufficient to make all Lease Payments during the Lease Term and hereby covenants that it will do
all things lawfully within its power to obtain, maintain and properly request and pursue funds from which the Lease
Payments may be made, including making provisions for such payments to the extent necessary in each budget
submitted for the purpose of obtaining funding, using its bona fide best efforts to have such portion of the budget
approved and exhausting all available administrative reviews and appeals in the event such portion of the budget is
not approved. It is Lessee's intent to make Lease Payments for the full Lease Term If funds are legally available
therefor and In that regard Lessee represents that the Equipment will be used for one or more authorized
governmental or proprietary functions essential to its proper, efficient and economic operation.
3. DELIVERY AND ACCEPTANCE. Lessor will cause the Equipment to be delivered to Lessee at the
location specified in Schedule A ("Equipment Location'). Lessee will accept the Equipment as soon as it has been
delivered and is operational. Lessee will evidence its acceptance of the Equipment by executing and delivering to
Lessor a Delivery and Acceptance Certificate in the form provided by Lessor.
Even if Lessee has not executed and delivered to Lessor a Delivery and Acceptance Certificate, if Lessor believes
the Equipment has been delivered and is operational, Lessor may require Lessee to notify Lessor in writing (within
five (5) days of Lessee's receipt of Lessor's request) whether or not Lessee deems the Equipment (i) to have been
delivered and (ii) to be operational, and hence be accepted by Lessee. If Lessee fails to so respond in such five (5)
day period, Lessee will be deemed to have accepted the Equipment and be deemed to have acknowledged that the
Equipment was delivered and is operational as if Lessee had in fact executed and delivered to Lessor a Delivery
and Acceptance Certlficate,
4. REPRESENTATIONS AND WARRANTIES. Lessor acknowledges that the Equipment leased
hereunder is being manufactured and installed by Motorola Solutions, Inc. pursuant to contract (the "Contract")
covering the Equipment. Lessee acknowledges that on or prior to the date of acceptance of the Equipment, Lessor
intends to sell and assign Lessor's right, title and interest in and to this Agreement and the Equipment to an
assignee ("Assignee'). LESSEE FURTHER ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY SET FORTH IN
THE CONTRACT, LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY NATURE OR KIND
WHATSOEVER, AND AS BETWEEN LESSEE AND THE ASSIGNEE, THE PROPERTY SHALL BE ACCEPTED
ELPAshort_f1 1.0 1. 13
BY LESSEE "AS IS" AND "WITH ALL FAULTS". LESSEE AGREES TO SETTLE ALL CLAIMS DIRECTLY WITH
LESSOR AND WILL NOT ASSERT OR SEEK TO ENFORCE ANY SUCH CLAIMS AGAINST THE ASSIGNEE.
NEITHER LESSOR NOR THE ASSIGNEE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER AS A RESULT OF THE LEASE OF THE
EQUIPMENT, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, PROPERTY DAMAGE OR LOST
PRODUCTION WHETHER SUFFERED BY LESSEE OR ANY THIRD PARTY.
Lessor is not responsible for, and shall not be liable to Lessee for damages relating to loss of value of the
Equipment for any cause or situation (including, without limitation, governmental actions or regulations or actions of
other third parties).
5. NON -APPROPRIATION OF FUNDS. Notwithstanding anything contained in this Lease to the contrary,
in the event the funds appropriated by Lessee's governing body or otherwise available by any means whatsoever in
any fiscal period of Lessee for Lease Payments or other amounts due under this Lease are insufficient therefor, this
Lease shall terminate on the last day of the fiscal period for which appropriations were received without penalty or
expense to Lessee of any kind whatsoever, except as to the portions of Lease Payments or other amounts herein
agreed upon foe which funds shall have been appropriated and budgeted or are otherwise available. The Lessee
will immediately notify the Lessor or its Assignee of such occurrence. In the event of such termination, Lessee
agrees to peaceably surrender possession of the Equipment to Lessor or its Assignee on the date of such
termination, packed for shipment in accordance with manufacturer specifications and freight prepaid and insured to
any location in the continental United States designated by Lessor. Lessor will have all legal and equitable rights
and remedies to take possession of the Equipment.
6. LESSEE CERTIFICATION. Lessee represents, covenants and warrants that: (t) Lessee is a state or a
duly constituted political subdivision or agency of the state of the Equipment Location; (ii) the interest portion of the
Lease Payments shall be excludable from Lessor's gross income pursuant to Section 103 of the Internal Revenue
Code of 1986, as it may be amended from time to time ( the "Code"); (iii) the execution, delivery and performance
by the Lessee of this Lease have been duly authorized by all necessary action on the part of the Lessee; (tv) this
Lease constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms; (v)
Lessee will comply with the information reporting requirements of Section 149(e) of the Code, and such compliance
shall include but not be limited to the execution of information statements requested by Lessor; (vi) Lessee will not
do or cause to be done any act which will cause, or by omission of any act allow, the Lease to be an arbitrage bond
within the meaning of Section 148(a) of the Code; (vii) Lessee will not do or cause to be done any act which will
cause, or by omission of any act allow, this Lease to be a private activity bond within the meaning of Section 141(a)
of the Code; (viii) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow,
the interest portion of the Lease Payments to be or become includible in gross income for Federal income taxation
purposes under the Code; and (ix) Lessee will be the only entity to own, use and operate the Equipment during the
Lease Term.
Lessee represents, covenants and warrants that (t) it will do or cause to be done all things necessary to
preserve and keep the Lease in full force and effect, (ii) it has complied with all public bidding and Bond
Commission requirements (as defined in the Code) where necessary and by due notification presented this Lease
for approval and adoption as a valid obligation on its part, and (iii) it has sufficient appropriations or other funds
available to pay all amounts due hereunder for the current fiscal period.
If Lessee breaches the covenant contained in this Section, the interest component of Lease Payments may
become includible in gross income of the owner or owners thereof for federal income tax purposes. In such event,
notwithstanding anything to the contrary contained in Section 11 of this Agreement, Lessee agrees to pay promptly
after any such determination of taxability and on each Lease Payment date thereafter to Lessor an additional
amount determined by Lessor to compensate such owner or owners for the loss of such excludibillty (including,
without limitation, compensation relating to interest expense, penalties or additions to tax), which determination
shall be conclusive (absent manifest error). Notwithstanding anything herein to the contrary, any additional amount
payable by Lessee pursuant to this Section 6 shall be payable solely from Legally Available Funds.
It is Lessor's and Lessee's intention that this Agreement does not constitute a "true" lease for federal
income tax purposes and, therefore, it is Lessor's and Lessee's intention that Lessee be considered the owner of
the Equipment for federal income tax purposes.
ELPAshort_fl 1.01.13
7. TITLE TO EQUIPMENT; SECURITY INTEREST. Upon shipment of the Equipment to Lessee
hereunder, title to the Equipment will vest in Lessee subject to any applicable license; provided, however, that (i) in
the event of termination of this Lease by Lessee pursuant to Section 5 hereof; (ii) upon the occurrence of an Event
of Default hereunder, and as long as such Event of Default is continuing; or (iii) in the event that the purchase
option has not been exercised prior to the Expiration Date, title will immediately vest in Lessor or its Assignee, and
Lessee shall immediately discontinue use of the Equipment, remove the Equipment from Lessee's computers and
other electronic devices and deliver the Equipment to Lessor or its Assignee. In order to secure all of its obligations
hereunder, Lessee hereby (i) grants to Lessor a first and prior security interest in any and all right, title and interest
of Lessee in the Equipment and in all additions, attachments, accessions, and substitutions thereto, and on any
proceeds therefrom; (ii) agrees that this Lease may be filed as a financing statement evidencing such security
interest; and (iii) agrees to execute and deliver all financing statements, certificates of title and other instruments
necessary or appropriate to evidence such security interest.
8. USE; REPAIRS. Lessee will use the Equipment in a careful manner for the use contemplated by the
manufacturer of the Equipment and shall comply with all laws, ordinances, insurance policies, the Contract, any
licensing or other agreement, and regulations relating to, and will pay all costs, claims, damages, fees and charges
arising out of the possession, use or maintenance of the Equipment. Lessee, at its expense will keep the
Equipment in good repair and furnish and/or install all parts, mechanisms, updates, upgrades and devices required
therefor.
8. ALTERATIONS. Lessee will not make any alterations, additions or improvements to the Equipment
without Lessor's prior written consent unless such alterations, additions or improvements may be readily removed
without damage to the Equipment.
10. LOCATION; INSPECTION. The Equipment will not be removed from, [or if the Equipment consists of
rolling stock, its permanent base will not be changed from] the Equipment Location without Lessor's prior written
consent which will not be unreasonably withheld. Lessor will be entitled to enter upon the Equipment Location or
elsewhere during reasonable business hours to inspect the Equipment or observe its use and operation.
11. LIENS AND TAXES. Lessee shall keep the Equipment free and clear of all levies, liens and
encumbrances except those created under this Lease. Lessee shall pay, when due, all charges and taxes (local,
state and federal) which may now or hereafter be imposed upon the ownership, licensing, leasing, rental, sale,
purchase, possession or use of the Equipment, excluding however, all taxes on or measured by Lessor's income. If
Lessee fails to pay said charges and taxes when due, Lessor shall have the right, but shall not be obligated, to pay
said charges and taxes. If Lessor pays any charges or taxes, Lessee shall reimburse Lessor therefor within ten
days of written demand.
12. RISK OF LOSS: DAMAGE; DESTRUCTION. Lessee assumes all risk of loss or damage to the
Equipment from any cause whatsoever, and no such loss of or damage to the Equipment nor defect therein nor
unfitness or obsolescence thereof shall relieve Lessee of the obligation to make Lease Payments or to perform any
other obligation under this Lease. In the event of damage to any item of Equipment, Lessee will immediately place
the same in good repair with the proceeds of any insurance recovery applied to the cost of such repair. If Lessor
determines that any item of Equipment is lost, stolen, destroyed or damaged beyond repair, Lessee at the option of
Lessor will: either (a) replace the same with like equipment in good repair; or (b) on the next Lease Payment date,
pay Lessor the sum of : (1) all amounts then owed by Lessee to Lessor under this Lease, including the Lease
payment due on such date; and (ii) an amount equal to all remaining Lease Payments to be paid during the Lease
Term as set forth in Schedule B.
In the event that Lessee is obligated to make such payment with respect to less than all of the Equipment,
Lessor will provide Lessee with the pro rata amount of the Lease Payment and the Balance Payment (as set forth
in Schedule B) to be made by Lessee with respect to that part of the Equipment which has suffered the Event of
Loss.
13. INSURANCE. Lessee will, at its expense, maintain at all times during the Lease Term, fire and
extended coverage, public liability and property damage insurance with respect to the Equipment in such amounts,
covering such risks, and with such insurers as shall be satisfactory to Lessor, or, with Lessor's prior written consent,
Lessee may self -insure against any or all such risks. All insurance covering loss of or damage to the Equipment
ELPAshort fl 1.01. 13
shall be carried in an amount no less than the amount of the then applicable Balance Payment with respect to such
Equipment. The initial amount of insurance required is set forth in Schedule B. Each insurance policy will name
Lessee as an insured and Lessor or it's Assigns as an additional insured, and will contain a clause requiring the
insurer to give Lessor at least thirty (30) days prior written notice of any alteration in the terms of such policy or the
cancellation thereof. The proceeds of any such policies will be payable to Lessee and Lessor or it's Assigns as
their interests may appear. Upon acceptance of the Equipment and upon each insurance renewal date, Lessee will
deliver to Lessor a certificate evidencing such insurance. In the event that Lessee has been permitted to self -
insure, Lessee will furnish Lessor with a letter or certificate to such effect. In the event of any loss, damage, injury
or accident involving the Equipment, Lessee will promptly provide Lessor with written notice thereof and make
available to Lessor all information and documentation relating thereto.
14. INDEMNIFICATION. Lessee shall, to the extent permitted by law, indemnify Lessor against, and
hold Lessor harmless from, any and all claims, actions, proceedings, expenses, damages or liabilities, including
attorneys' fees and court costs, arising in connection with the Equipment, including, but not limited to, its selection,
purchase, delivery, licensing, possession, use, operation, rejection, or return and the recovery of claims under
insurance policies thereon.
15. ASSIGNMENT. Without Lessor's prior written consent, Lessee will not either (i) assign, transfer,
pledge, hypothecate, grant any security interest in or otherwise dispose of this Lease or the Equipment or any
interest in this Lease or the Equipment or; (ii) sublet or lend the Equipment or permit it to be used by anyone other
than Lessee or Lessee's employees. Lessor may assign its rights, title and interest in and to this Lease, the
Equipment and any documents executed with respect to this Lease and/or grant or assign a security interest in this
Lease and the Equipment, in whole or in part. Any such assignees shall have all of the rights of Lessor under this
Lease. Subject to the foregoing, this Lease inures to the benefit of and is binding upon the heirs, executors,
administrators, successors and assigns of the parties hereto.
Lessee covenants and agrees not to assert against the Assignee any claims or defenses by way of
abatement, setoff, counterclaim, recoupment or the like which Lessee may have against Lessor. No assignment or
reassignment of any Lessor's right, title or interest in this Lease or the Equipment shall be effective unless and until
Lessee shall have received a notice of assignment, disclosing the name and address of each such assignee;
provided, however, that lt such assignment is made to a bank or trust company as paying or escrow agent for
holders of certificates of participation in the Lease, it shall thereafter be sufficient that a copy of the agency
agreement shall have been deposited with Lessee until Lessee shall have been advised that such agency
agreement is no longer in effect. During the Lease Term Lessee shall keep a complete and accurate record of all
such assignments in form necessary to comply with Section 149(a) of the Code, and the regulations, proposed or
existing, from time to time promulgated thereunder. No further action will be required by Lessor or by Lessee to
evidence the assignment, but Lessee will acknowledge such assignments in writing if so requested.
After notice of such assignment, Lessee shall name the Assignee as additional insured and loss payee in
any insurance policies obtained or in force. Any Assignee of Lessor may reassign this Lease and its interest in the
Equipment and the Lease Payments to any other person who, thereupon, shall be deemed to be Lessor's Assignee
hereunder.
16. EVENT OF DEFAULT. The term "Event of Default", as used herein, means the occurrence of
any one or more of the following events: (i) Lessee fails to make any Lease Payment (or any other payment) as it
becomes due in accordance with the terms of the Lease, and any such failure continues for ten (10) days after the
due date thereof; (ii) Lessee fails to perform or observe any other covenant, condition, or agreement to be
performed or observed by it hereunder or the Contract and such failure Is not cured within twenty (20) days after
written notice thereof by Lessor; (iii) the discovery by Lessor that any statement, representation, or warranty made
by Lessee in this Lease or in writing ever delivered by Lessee pursuant hereto or in connection herewith is false,
misleading or erroneous in any material respect; (iv) proceedings under any bankruptcy, insolvency, reorganization
or similar legislation shall be instituted against or by Lessee, or a receiver or similar officer shall be appointed for
Lessee or any of its property, and such proceedings or appointments shall not be vacated, or fully stayed, within
twenty (20) days after the institution or occurrence thereof; or (v) an attachment, levy or execution is threatened or
levied upon or against the Equipment.
17. REMEDIES. Upon the occurrence of an Event of Default, and as long as such Event of Default
is continuing, Lessor may, at its option, exercise any one or more of the following remedies: (i) by written notice to
Lessee, declare all amounts then due under the Lease, and all remaining Lease Payments due during the Fiscal
ELPAshorkjl1.01.13
Year in effect when the default occurs to be immediately due and payable, whereupon the same shall become
immediately due and payable; (ii) by written notice to Lessee, request Lessee to (and Lessee agrees that it will), at
Lessee's expense, promptly discontinue use of the Equipment, remove the Equipment from all of Lessee's
computers and electronic devices, return the Equipment to Lessor in the manner set forth in Section 5 hereof, or
Lessor, at its option, may enter upon the premises where the Equipment is located and take immediate possession
of and remove the same; (iii) sell or lease the Equipment or sublease it for the account of Lessee, holding Lessee
liable for all Lease Payments and other amounts due prior to the effective date of such selling, leasing or
subleasing and for the difference between the purchase price, rental and other amounts paid by the purchaser,
Lessee or sublessee pursuant to such sale, lease or sublease and the amounts payable by Lessee hereunder; and
(iv) exercise any other right, remedy or privilege which may be available to it under applicable laws of the state of
the Equipment Location or any other applicable law or proceed by appropriate court action to enforce the terms of
the Lease or to recover damages for the breach of this Lease or to rescind this Lease as to any or all of the
Equipment. In addition, Lessee will remain liable for all covenants and indemnities under this Lease and for all
legal fees and other costs and expenses, including court costs, incurred by Lessor with respect to the enforcement
of any of the remedies listed above or any other remedy available to Lessor.
18. PURCHASE OPTION. Upon thirty (30) days prior written notice from Lessee to Lessor, and
provided that no Event of Default has occurred and is continuing, or no event, which with notice or lapse of time, or
both could become an Event of Default, then exists, Lessee will have the right to purchase the Equipment on the
Lease Payment dates set forth in Schedule B by paying to Lessor, on such date, the Lease Payment then due
together with the Balance Payment amount set forth opposite such date. Upon satisfaction by Lessee of such
purchase conditions, Lessor will transfer any and all of its right, title and interest in the Equipment to Lessee as is,
without warranty, express or implied, except that the Equipment is free and clear of any liens created by Lessor.
19. NOTICES. All notices to be given under this Lease shall be made in writing and mailed by certified
mail, return receipt requested, to the other party at its address set forth herein or at such address as the party may
provide in writing from time to time. Any such notice shall be deemed to have been received five days subsequent
to such mailing.
20. SECTION HEADINGS. All section headings contained herein are for the convenience of
reference only and are not intended to define or limit the scope of any provision of this Lease.
21. GOVERNING LAW. This Lease shall be construed in accordance with, and governed by the
laws of, the state of the Equipment Location.
22. DELIVERY OF RELATED DOCUMENTS. Lessee will execute or provide, as requested by Lessor,
such other documents and information as are reasonably necessary with respect to the transaction contemplated
by this Lease.
23. ENTIRE AGREEMENT; WAIVER. This Lease, together with Schedule A Equipment Lease -Purchase
Agreement, Schedule B, Evidence of Insurance, Statement of Essential Use/Source of Funds Certificate of
Incumbency, Lessee Resolution, Bank Qualified Statement, Information Return for Tax -Exempt Governmental
Obligations and the Delivery and Acceptance Certificate and other attachments hereto, and other documents or
instruments executed by Lessee and Lessor in connection herewith, constitutes the entire agreement between the
parties with respect to the Lease of the Equipment, and this Lease shall not be modified, amended, altered, or
changed except with the written consent of Lessee and Lessor. Any provision of the Lease found to be prohibited
by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the Lease.
The waiver by Lessor of any breach by Lessee of any term, covenant or condition hereof shall not operate
as a waiver of any subsequent breach thereof.
24. EXECUTION IN COUNTERPARTS.This Lease may be executed in several counterparts, each of
which shall be deemed an original and all of which shall constitute but one and the same instrument.
ELPAshort_f11.01.13
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Z` day of March, 2015.
LESSEE:
CITY OF PASCO
Printed Name: i7AJdC—4;3EGS _ _-
Title: 1. /Ty %n4N14eyC&-
LESSOR:
MOTOROLA S LUTIONS, INC.
By�� ��-
Title: Authorized Signatory
CERTIFICATE OF INCUMBENCY
I, DOM -4( & /t,2 /r - .,----,,do hereby certify that I am the duly elected or
(Printed Name of Secretary/&d)
appointed and acting Secretary or Clerk of City of Pasco, an entity duly organized and existing under the
laws of the State of Washington that I have custody of the records of such entity, and that, as of the date
hereof, the individual(s) executing this agreement is/are the duly elected or appointed officer(s) of such
entity holding the office(s) below his/her/their respective name(s). I further certify that (i) the
signature(s) set forth above his/her/their respective name(s) and title(s) is/are his/her/their true and
authentic signature(s) and (ii) such officer(s) have the authority on behalf of such entity to enter into that
certain Equipment Lease Purchase Agreement number 23691, between City of Pasco and Motorola
Solutions, Inc..
IN WITNESS WHEREOF, I have executed this certificate and affixed the seal of CITY OF PASCO ,
hereto this day of h, 015.
By: SEAL
(Signature of Secretary/Clerk)
OPINION OF COUNSEL
With respect to that certain Equipment Lease -Purchase Agreement # 23691 by and between Motorola
Solutions, Inc. (Lessor) and the Lessee, I am of the opinion that: (1) the Lessee is, within the meaning of Section
103 of the Internal Revenue Code of 1986, a state or a fully constituted political subdivision or agency of the State
of the Equipment Location described in Schedule A hereto; (ii) the execution, delivery and performance by the
Lessee of the Lease have been duly authorized by all necessary action on the part of the Lessee, (III) the Lease
constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms; and (iv)
Lessee has sufficient monies available to make all payments required to be paid under the Lease during the current
fiscal year of the Lease, and such monies have been properly budgeted and appropriated for this purpose in
accordance with State law. This opinion may be relied upon by the Lessor and any assignee of the Lessor's rights
under the Lease.
Attorney for CITY OF PASCO
ELPAshort fl 1.01.13
SCHEDULE A
EQUIPMENT LEASE -PURCHASE AGREEMENT
Schedule A 23691
Lease Number:
This Equipment Schedule is hereby attached to and made a part of that certain Equipment Lease -
Purchase Agreement Number 23691 ("Lease"), between Motorola Solutions, Inc. ("Lessor") and City of Pasco
("Lessee").
Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby accepts and leases
from Lessor under and pursuant to the Lease, subject to and upon the terms and conditions set forth in the Lease
and upon the terms set forth below, the following items of Equipment
Refer to
Equipment Location:
City of Pasco
Serial
Initial Term: 36 Months Commencement Date: 4/1/2015
First Payment Due Date: 4/1/2016
3 annual Payments of $117,090.72 as outlined in the attached Schedule B, plus Sales/Use Tax of $0.00,
payable on the Lease Payment Dates set forth in Schedule B.
Item Quantity Nomenclature
Description
1 27^
M25URS9PWIAN
APX650071800 MHZ MID POWER
2
QA01749AB
MOBILE
la 27
G442A1
ADD: 05 CONTROL HEAD
Ib 27
067BC
ADD: REMOTE MOUNT MID POWER
It 27
W223A
ADD: PALM MICROPHONE
Id 27
G24AX
ENH: 2 YEAR REPAIR SERVICE
6
75
ADVANTAGE
It 27
0444AE
ADD: APXOONTROL HEAD
CCR2.775 WLHL 290000ISOM
SOFTWARE
If 27
G174AD
ADD: ANT 3DB LOW -PROFILE 762-870
I8 27
B18CR
ADD: AUXILARY SPKR. 7.5 WATT
Ib 27
GAO 1749AB
SW KEY SUPPLEMENTAL DATA
li 27
QA02756AC
ENH: %D0 OR 3600 SINGLE SYSTEM
DIG
2 75
H98UCF9PW6AN
APX60007001000 MODEL 2.5
PORTABLE
2a 75
QA01749AII
SW KEY SUPPLEMENTAL DATA
26 75
QA02818AA
ALT:LIION IMPRES FM/CSA 2300M
(NNTN8092)
2. 75
QA01222AD
ADD: BELT CLIP 3.0" (HLN6875)
2d 75
H885BK
ENH: 2 YR SfS LITE
2e 75
QA02756AA
ADD: %00 TRUNKING OR 3600
DIGITAL TRUNKING
2f 75
H12213R
ALT: 1/4- WAVE 7/800 GPS STUBBY
(NAR6595A
3 75
WPLN7080A
CHR IMP SUC EXT US/NA/CA/LA.
4 75
PMMN4099A
AUDIO ACCESSORY -REMOTE
SPEAKER MICROPHONFUMPRES
WINDPORMNGRSKIP55
5 2
M25URS9PWIAN
APX65007/300 MHZ MID POWER
MOBILE
50 2
0442AI
ADD: 05 CONTROL HEAD
56 2
067BC
ADD: REMOTE MOUNT MID POWER
Sc 4
W22RA
ADD: PALM MICROPHONE
5d 2
024AX
EHH: 2 YEAR REPAIR SERVICE
ADVANTAGE
5e 2
061DAC
ADD: REMOTE MOUNT CBL 30 FEET
5f 2
G444AE
ADD: APX CONTROL HEAD
SOFTWARE
58 2
G174AD
ADD: ANT 3DB LAW -PROFILE 762-870
Item Quantity Nomenclature Description
Sh
4
BISCR
ADD: AUXILARY SPKR 7.5 WATT
Si
2
QA01749AB
SW KEY SUPPLEMENTAL DATA
S
2
QA02756AC
ENH: 96000R 3600 SINGLE SYSTEM
DIG
Sk
2
GA00092AC
ADD: DUAL.CONTRL HD HARDWARE
6
75
PMLN5657B
1146000
CCR2.775 WLHL 290000ISOM
EQUIPMENT LEASE PURCHASE AGREEMENT DELIVERY AND
ACCEPTANCE CERTIFICATE
The undersigned Lessee hereby acknowledges receipt of the Equipment described below ("Equipment') and Lessee
hereby accepts the Equipment after full inspection thereof as satisfactory for all purposes of lease Schedule A to the
Equipment Lease Purchase Agreement executed by Lessee and Lessor.
Equipment Lease Purchase Agreement Date: March_, 2015
Equipment Lease Purchase Agreement No.: 23691 Lease Schedule A No.: 23691
EQUIPMENT INFORMATION
23691. See Schedule A for a detailed
Equipment List.
LESSEE:
CITY OF PASCO
City of Pasco (Schedule
Compound Period: Annual
Nominal Annual Rate: 3.290%
CASH FLOW DATA
Event
Date
Amount
Number Period End Date
1 Loan
4/1/2015
$340,202.20
1
2 Payment
4/1/2016
$117,090.72
3 Annual 4/1/2018
AMORTIZATION SCHEDULE - Normal Amortization, 360 Day Year
Date Payment Interest Principal Balance
Loan 4/1/2015 $340,202.20
14/1/2016 $117,090.72 $ - $117,090.72 $223,111.48
2 4/1/2017 $117,090.72 ' $ 7,340.37 $109,750.35 $113,361.13
3 4/1/2018 $117,090.72 $ 3,729.59 $113,361.13 $
Grand Totals $351,272.16 $ 11,069.96 $340,202.20
INITIAL INSURANCE REQUIREMENT: $340,202.20
Except as specifically provided in Section rive of the Lease hereof, Lessee agrees to pay to Lessor or its assignee the Lease Payments, including the
interest portion, in the amounts and dates specified in the above payment schedule.
EVIDENCE OF INSURANCE
Fire, extended coverage, public liability and property damage insurance for all of the Equipment listed on Schedule A number 23691
to that Equipment Lease Purchase Agreement number 23691 will be maintained by the CITY OF PASCO as stated in the Equipment
Lease Purchase Agreement.
This insurance shall name MOTOROLA SOLUTIONS, INC. or its assignee as additional insured and loss payee for the term of the
Schedule A number 23691.This insurance is provided by:
Conover Insurance Services, LLC
Name of insurance provider
P. O. Box 2528
Address of insurance provider
Pasco, WA 99302
City, State and Zip Code
(509)545-3800
Phone number of insurance provider
In accordance with the Equipment Lease Purchase Agreement Number 23691, CITY OF PASCO , hereby certifies that following
coverage are or will be in full force and effect:
Type
Amount Effective Expiration Policy
Date Date Number
Fire and Extended Coverage
$360,393 3/20/15 7/2/15 RMP5084734228
Property Damage
Same - Insured on a mobile equipment endorsement.
Public Liability
The City of Pasco is a member of the Washington Cities Insurance
AuthorityWCIA , whieh+s-a self-insured
( } wool of -over -150 publieentities
in the State of Washington.
The WCIA has at least $1 million per occurrence limit of liability
coverage in its self-insured layer that may be applicable in the event
that an incident occurs that is deemed to be attributed to the negligence
of the City.
WCIA was created by interlocal agreement among the entities and
liability is self-funded by the membership. There is therefore no
insurance policy involved (or policy number). The City has been a
member of WCIA, continuously, for more than 25 years.
A�� EVIDENCE OF PROPERTY INSURANCE
DATE (MMD°"
DEDUCTIBLE
3/20/20155
THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE
ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE
ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST.
AGENCY PHONE , (509)545-3800
COMPANY
Conover Insurance
Continental Casualty Co.
1804 West Lewis Street
23453 Network Place
Pasco WA 99301
Chicago IL 60673-1234
FAX NO), (509) 547-7960 E ADDRESS -
CODE: 072834 SUB CODE:
AGENCYCUSTOMERID9.00086971
INSURED
LOAN NUMBER
POLICY NUMBER
City Of Pasco
23691
RMP5084734228
P. 0. $OX 293
EFFECTIVE DATE
EXPIRATION DATE
7/1/2014
7/1/2015
CONTINUED ICF
TERMINATED F HECXED
Pasco WA 99301
THIS REPLACES PRIOR EVIDENCE DATED:
Motorola APX6000 700/800 Model 2.5 Portable Radios & 27 Motorola APX6500 Mobile Radios
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS
SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
vwvvnnvc DrrvrtmAl IVN
COVERAGEIPERILS/FORMS
AMOUNTOFINSURANCE
DEDUCTIBLE
Mobile Equipment Endorsement; special form, actual cash value
360,393
25,000
LANW:LLA I IUM
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE
DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
Motorola Solutions, Inc.
1303 E. Algonquin Rd.
Schaumburg, IL 60196
:xjMORTGAGEE
LOSS PAYEE
LOAN#
23691
Karen Alley/KARENA
ADDITIONAL INSURED
Tho A—Rn „ams and I— aro ronlcfcrnd mark¢ of A(,.npn
reserved.
STATEMENT OF ESSENTIAL USE/SOURCE OF FUNDS
To further understand the essential governmental use intended for the equipment together with an understanding
of the sources from which payments will be made, plcase address the following pucsiions by completing this
form or by sending a separate letter:
As is relates to CITY OF PASCO LEASE No. 23691
1. What is the specific use of the equipment?
Public Safety communications
2. Why is the equipment essential to the operation of CITY OF PASCO?
It is critical that public safety responders from various jurisdictions be able to communicate with each other.
3. Does the equipment replace existing equipment? Yes
If so, why is the replacement being made?
Existing equipment is out -dated and does not meet current standards.
4. Is there a specific cost justification for the new equipment? Yes.
If yes, please attach outline of justification.
See attached justification.
5. What is the expected source of funds for the payments due under the Lease for
the current fiscal year and future fiscal years?
General Fund revenues.
Debarred Contractors List 61 'J"jVe �y(i S�&_�� page 1 of I
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System for Award Management
�IcE iai M o 6 ca(J ,4
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MOTOROLA SOLMONS, INC.
Entity Dashboard DUNS: 069373090 CAGE Code: 78205
Status: Active
Page 1 of 1
USERNAME PASSWORD
DD®
F root Username? For00t Passwortl?
Expiration Date: 05/15/2015
Entity overview Purpose of Registm[ion: All Awards
Entity Record Entity Overview
Core Data
Assertions Endry Information
Rens & Certs Name: MOrOROIA SOLUTIONS, INC
Business type: BusiresS or OrgantraW
POCS POC Nam Wry tougher,
Regista. caIStdtus:Atl1V2
g—ort
¢ 5 Activation Date: 05/15/2014
� Expiration Dallas 05/15/2015
service Contract Report
BioPreferred Report
Exclusions —__ _—_ --_--
Active Exclusions Fxdu9w6
Active Exclusion Records? No
Inactive Exclusions
Excluded Family Members
"irn,—Sf,%RL1i 11
SAM I Spume Tor Awol MwpemM 1.0 IBM vl.P.24.2015011&101
WWW1
Notem all Users: This B a Fe I Government computersystefrl. Ilse of UTIs
system constihrtes consent to monitoring at all tares.
1031 COLUMBIA GATEWAY DR R 3
COLUMBIA, MD, 21046-2583,
UNirED STATES
R—. 'I
® IJSA.g�i;a
https://www.sam.gov/portal/SAM/?navigationalstate=JBPNS rOOABXdcACJgYXZheC5... 3/20/2015
RESOLUTION NO. 3�
A RESOLUTION of the City of Pasco, Washington, ratifying the
Equipment Lease -Purchase Agreement with Motorola Solutions, Inc.; and
ratifying the document's execution.
WHEREAS, the City Council has adopted a goal of operating its emergency
communications services on an 800 MHz platform; and
WHEREAS, the City is presently participating in the organization of a bi-county
communication service which will be operating on an 800MHz platform: and
WHEREAS, the City Council has determined that a true and very real need exists for the
acquisition of equipment to facilitate communication on an 80OMHz platform and such other
personal property as described in the Equipment Lease -Purchase Agreement with Motorola
Solutions, Inc., whereby, Motorola Solutions, Inc., as Lessor, leases to the City of Pasco as
Lessee, that equipment described in "Attachment A'; and
WHEREAS, funding for acquisition for this equipment is available part from a
Homeland Security grant in the approximate amount of $30,000, and the balance ultimately
being paid upon purchase of the equipment in the approximate sum of $340,202; and
WHEREAS, the City Council authorized the City Manager to enter into a financing
arrangement with Motorola to purchase the 800MHz radios; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Pasco, does ratify entry into the
Equipment Lease -Purchase Agreement between Motorola Solutions, lnc., as Lessor, and the City
of Pasco, as Lessee, and having determined that it is in the best interest of the City of Pasco for
the acquisition of such equipment, and hereby ratifies the authorization and execution of the
Equipment Lease -Purchase Agreement.
Section 2. The City is authorized to secure and apply a Homeland Security grant in
the approximate amount of $30,000 to be applied against the purchase of the equipment, and
ultimate purchase of the equipment by councihnanic debt in the approximate amount of
$340,202 for the purchase of the 800MHz radios and other equipment as provided in the
Equipment Lease -Purchase Agreement as attached.
Section 3. The City Manager's execution and delivery of the Equipment Lease -
Purchase Agreement to Motorola Solutions, Inc., as Lessor, and other related documentation, as
necessary to the consummation of this transaction, is ratified.
PASSED by the City Council of the City of Pasco, Washington, at its regular meeting
dated this 6th day of April, 2015.
/0 /- xt�
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
r L. CMrCiYy er — Leland B. Kerr, City Attorney
Attachment A
Item Qoantity Nommelatum
Description
1 27
M25UR89PWIAN
APX650071900 MHZ MID POWER
SW KEY SUPPLEMENTAL DATA
5j 2
MOBILE
la 27
G442A1
ADD: OS CONTROL HEAD
Ib 27
G67BC
ADD: REMOTE MOUNTMID POWER
lc 27
W22BA
ADD: PALM MICROPHONE
Id 27
G24AX
ENH: 2 YEAR REPAIR SERVICE
CC 2.75 SWLBL 2900&3150MAH
ADVANTAGE
le 27
0444AE
ADD: APR CONTROL HEAD
SOFTWARE
If 27
G174AD
ADD: ANT 3DB LOW -PROFILE 762-870
10 27
BIBCR
ADD: AUXILARY SPKR 7.5 WA17
Ih 27
QA01749AD
SW KEY SUPPLEMENTAL DATA
IP 27
QA02756AC
ENH: 9600 OR 3600 SINGLE SYSTEM
DIG
2 75
H9SUCF9PW6AN
APX6000700/BOO MODE. 2.5
PORTABLE
2s 75
QA01749AB
SW KEY SUPPLEMENTAL DATA
2b 75
QA02818AA
ALT:LIION IMPRES FWCSA 2300M
(NNTN8092)
2e 75
QA01222AB
ADD: BELT CLIP 3.0"(HLN6875)
2d 75
H8953K
ENH:2 YR SfS LITE
2. 75
QA01756AA
ADD: 9600 TRUNKING OR 3600
DIGITALTRUNKING
2f 75
H122BR
ALT: IA- WAVE 7/800 GPS STUBBY
(NAR6595A
3 75
WPLN7080A
CHR IMP SVC EXT US/NA/CA&A.
4 75
PMMN4099A
AUDIO ACCESSORY -REMOTE
SPEAKER MICROPHONE,IMPRES
WINDPORTING RSM, IP55
5 2
M25URR9PWIAN
APX650071800 MHZ MID POWER
MOBILE
5. 2
G442A1
ADD: OS CONTROL HEAD
56 2
067BC
ADD: REMOTE MOUNT MID POWER
5. 4
W22BA
ADD: PALM MICROPHONE
5d 2
024AX
ENH: 2 YEAR REPAIR SERVICE
ADVANTAOE
5e 2
O610AC
ADD: REMOTE MOUNT CBL 30 FEET
if 2
G444AE
ADD: APR CONTROL HEAD
SOFTWARE
50 2
0174AD
ADD: ANT 3DB LOW -PROFILE 762.870
Item Quantity Nomeneiatarc
Description
Sh 4
B18CR
ADD: AUXILARY SPKR 7.5 WATT
51 2
QA01749AR
SW KEY SUPPLEMENTAL DATA
5j 2
QA02756AC
ENH: 9600 OR 3600 SINGLE SYSTEM
DIG
Sk 2
CA00092AC
ADD: DUAL-CONTRL HD HARDWARE
6 75
PMLN5657B
CARRY ACCESSORY.CASE,M%000
CC 2.75 SWLBL 2900&3150MAH
AGENDA REPORT
TO: City Council n ,
FROM: Dave Zabell, City Manager
SUBJECT: Purchase of Mobile and Portable 800MHz Radios
I. REFERENCE(S):
1. 800MHz Radios — Memorandum from Chief Metzger
2. 800MHz Radios — Motorola Solutions Bids
3. 800MHz Radios — Day Wireless Systems Bid
February 17, 2015
Workshop Mtg.: 2/23/15
Regular Mtg.: 3/2/15
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
2/23: Discussion
3/2: MOTION: I move to authorize the City Manager to purchase mobile and
portable 800MHz radios, in numbers sufficient to replace the current
inventory of such equipment through the state bid for an amount of
up to $379,000, utilizing the vendor's zero percent financing option.
III. FISCAL IMPACT:
Fund: General (2016)
Amount: $353,519
IV. HISTORY AND FACTS BRIEF:
A) Since 2007 the City has been working in concert with Franklin and Benton Counties
and the cities of Kennewick and Richland toward the consolidation of the two
Public Safety Answering Points (PSAPs), serving the these agencies and others in
the Tri -Cities region. Currently, law enforcement agencies in Benton County
operate on 800MHz frequency, while agencies in Franklin County operate on VHF
frequencies, the result being that police officers from the two counties are unable to
communicate effectively and efficiently with one another by radio. The lack of
interoperability between the two radio systems is constant and during interagency
incidents, represents a safety issue for the officers involved and the public.
B) Consolidation of the two PSAPs into one, operating on an 800MHz platform, is a
City Council goal. The consolidation process has yielded an interlocal agreement
for Council consideration which will establish an organization called Multi -Agency
Three Rivers Information & Communication Services or MATRICS. While the
execution of the proposed agreement has yet to occur, its consideration by the
legislative bodies of the five agencies is imminent.
C) Early on, it was determined that MATRICS will work on an 800MHz platform for
Police, which necessitates the need for Pasco to change its mobile and portable
units from VHF to 800MHz. As the agencies have worked toward consolidation of
emergency communication services, and in anticipation of the transition from VHF
to 800MHz radios, since 2007 the City has been deferring replacement of police
VHF band radios. In the interim, the inventory of mobile and portable VHF radios
serving the Police Department has continued to age and deteriorate to the point that
the entire inventory of mobiles and most of the portables are past end of life and
need to be replaced. The cost for updating the City's VHF inventory is
approximately $331,065 based on state bid prices.
3(c)
V. DISCUSSION:
A) Recent discussions and collaboration between Franklin County Sheriff Jim
Raymond and Chief Metzger have resulted in an opportunity to partner in a
temporary measure to transition to the 800MHz platform. The proposal involves
the installation of a "patch" into Franklin County dispatch center that will allow
agencies dispatched by Franklin County, including Pasco to move to the 800MHz
platform in advance of the PSAP consolidation. While this "patch" is a short term
remedy, and lacks the reliability of the ultimate one PSAP system, it will
significantly enhance safety for our officers and the public over the current system.
The total cost to replace the aging VHF equipment and upgrade to 800MHz
equipment is on the order of $379,000. As a side note, by purchasing these radios
now, will result in a savings of $41,600 as unit prices on the state bid are scheduled
to increase this month.
B) The advantages of moving forward with the use of the "patch" and purchase of the
800MHz mobile and portable units now offers the following benefits:
i. Officer Safety: Interoperability with Benton County agencies during
interagency operations will be attained. Better coverage within the City's
service area, currently an estimated 30% of our city has insufficient coverage
from the VHF system. Due to age and use, the reliability of the existing VHF
mobile and portable units are coming into question and require replacement.
ii. Cost: the unit price cost of the 800MHz radios, through the state bid, is
scheduled to increase approximately $300-$400 per radio. This will increase
the total cost for the proposed system upgrade by $41,600. Staff has reserved
sufficient units pending Council approval.
iii. Regardless of the sequence, the purchase of 800MHz mobile and portable radios
have always been a necessary step for Pasco in implementing the full 911
consolidation and purchasing them now not only avoids a cost increase, it saves
the cost of replacing VHF units (approximately $331,065) that are or are
becoming unserviceable in the interim.
C) If authorized by Council, the purchase of this equipment may require amendment to
the 2015 budget depending on the option selected. The following alternatives are
available to fund this purchase:
i. Use of Fund Balance: while sufficient funds exist, the purchase would reduce
fund balance by $353,519, thanks to $25,000 in grant funding. However,
current revenue estimates show even with this expenditure our fund balance will
remain above the current general fund balance $6,500,000 approved by Council
in the 2015 budget.
ii. Low interest loan from the LOCAL program: the LOCAL program is
administered by the State of Washington and allows the local governments to
stretch the payments over a period of time at low interest rates. For instance, a
loan term of three to five years would have an estimated interest rate of 1% to
2% annually.
iii. Vendor Financing: Motorola, the state bid supplier, has a zero (0) percent
program for one year. This would allow the City to take delivery of the
equipment with little or no capital outlay and pay the balance off in the next
fiscal year.
D) Staff recommends that Council authorize purchase of the 800MHz equipment and
implement the transition to 800MHzfor law enforcement communications utilizing
the 0% financing available from the vendor. Staff would then prepare the 2016
budget anticipating payoff of the interest free loan in early 2016.
TO: Dave Zabell, City Manager
FROM: Bob Metzger, Police lfv�
RE: 800MHz Radios
DATE: February 18, 2015
Since 2007, the police department has been working on mobile radio and dispatch issues.
Officers in Benton County are on an 800MHz frequency, while officers in Franklin County are
on the VHF frequency. This meant that officers could not communicate with each other. In
times of interagency incidents such as the ones that we had in Pasco this past year, that created
some big issues for officer and citizen safety.
Several studies have been conducted and all of them have shown that a combined radio system
with all police agencies on one frequency would be a benefit to both counties. City Council also
made this one of their council goals several years ago.
With the recent election of Jim Raymond to Franklin County Sheriff, I have been able to discuss
this issue with him at length. We both agree that moving police agencies to one frequency in
both counties is a good idea and is giving his full support to this. Unfortunately the interlocal
agreement and many other issues that have been held up for years are still not finalized, but our
need for a better radio system has only gotten more critical.
As a temporary measure, and as a way to get us on the 800 platform, Sheriff Raymond and I
have agreed to place a "patch" into Franklin County dispatch that will allow us to move over to
the 800 system, using Franklin County as our dispatch service provider. This is a short term
remedy, or band aid, that will allow time for the intricacies of the full combined dispatch to take
place. This will solve our immediate needs and will allow the second part of this, the combined
PSAP, to progress at whatever pace is required.
I am making this recommendation now for the following reasons:
1. Officer Safety — our current system continues to degrade and we have about 30% of our
city with insufficient coverage over the current VHF system.
2. Cost — on February 16, 2015 the cost of 800MHz radios through the state of Washington
Bid will go up approximately $300 - $400 per radio. This will increase our total cost for
this upgrade by $41,600.
Memorandum
February 18, 2015
TO: Dave Zabell
FROM: Chief Metzger
Page 2
3. This is a necessary first step for Pasco in implementing the fu11911 consolidation.
4. We have obtained $30,000 from Homeland Security funding to obtain 800MHz radios.
$5,000 of this will be used for the "patch" and the rest, $25,000, can be used to fund the
additional 800MHz radios that we need.
In March, 2012 we were able to obtain free of charge from Richland through SECOMM, 11
mobiles and 16 portables for a cost savings of $88,768. This was done in anticipation of us
going to the fully consolidated MATRICS system.
By purchasing these radios now we will save the $41,600 plus the $88,768 that we obtained free
of charge, plus the $25,000 from Homeland Security, for a total savings of $155,368. This
represents a total savings of 31% of a total budget if we had to purchase all new radios and if we
did this after February 16.
Attached is the total cost to complete our fleet of vehicles to the 800MHz system. This total cost
of $377,742, plus approximately $1,258 for the 800 patch in Franklin County dispatch for a total
of approximately $379,000, will be reduced by $25,000 for a total city cost of approximately
$354,000, which would be the request being made now.
Additionally we have not been replacing our VHF equipment as needed over the past seven years
in anticipation of moving to the 800 platform. As such our entire fleet of mobiles and most of
our portables are past end of life and will need to be replaced. If we decided to replace the VHF
radios we could not use the Homeland Security money for this and the free radios that we
received from SECOMM would be of no benefit to us. The cost for updating our VHF system
would be $331,065. This represents a difference of $21,677.
In summary, to upgrade our radios to the 800 platform as we have been planning to do would
only cost an additional $21,677 if we do this now. It is my recommendation that we proceed
with the 800 drop into Franklin County and purchase the 800MHz radios at the reduced cost.
Please review this information and if you have any questions or need further information please
let me know.
REGULAR MEETING
CALL TO ORDER
MINUTES
PASCO CITY COUNCIL MARCH 2, 2015
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Mike Garrison, Tom Larsen, Saul Martinez,
Matt Watkins, Robert Hoffmann and Al Yenney.
Staff present: Dave Zabell, City Manager; Lee Kerr, City Attorney; Rick White,
Community & Economic Development Director; Rick Terway, Administrative &
Community Services; Ahmad Qayoumi, Public Works Director; Bob Gear, Fire Chief and
Ken Roske, Police Captain.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
Approval of Minutes:
Minutes of the Pasco City Council Special Session dated February 13, 2015.
Minutes of the Pasco City Council Meeting dated February 17, 2015.
Minutes of the Pasco City Council Public Meeting dated February 23, 2015.
Bills and Communications:
To approve claims in the total amount of $2,136,282.51.
Purchase of Mobile and Portable 800MHz Radios:
To authorize the City Manager to purchase mobile and portable 800MHz radios in the
amount up to $370,000, utilizing the vendor's zero percent financing option.
MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison
seconded. Motion carried by unanimous Roll Call vote.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Mr. Garrison attended the Visit Tri City Board of Directors meeting and TRIDEC Board
Meeting.
Ms. Francik attended the Subgroup for the Public Facilities Group.
Mr. Yenney attended DPDA Pasco Cleanup along with high school participants.
Mayor Watkins reported while awaiting a plane at SEATAC Airport he had an opportunity
to visit with Pasco School Board Representatives.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Ordinance No. 4209, an Ordinance of the City of Pasco, Washington amending
Chapter 1.10 of the Pasco Municipal Code regarding Voting Districts.
Council and staff discussed the details of the proposed ordinance.
MOTION: Ms. Francik moved to adopt Ordinance No. 4209, revising City Council district
boundaries to comply with population limitations and, further, authorize publication by
summary only. Mr. Yenney seconded. Motion carried by the following Roll Call vote:
Yes — Watkins, Yenney, Francik, Garrison, Martinez, Hoffmann. No - Larsen
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MARCH 2, 2015
Ordinance NoA210, an Ordinance of the City of Pasco, Washington amending the
zoning classification of property located in the 9500 block of Sandifur Parkway from
C-1 (Retail Business) to CR (Regional Commercial).
Council and staff discussed the details of the proposed ordinance.
MOTION: Ms. Francik moved to adopt Ordinance No. 4210, rezoning property located in
the 9500 block of Sandifur Parkway from C-1 to CR and, further, authorize publication by
summary only. Mr. Garrison seconded. Motion carried unanimously.
Ordinance No. 4211, an Ordinance of the City of Pasco, Washington amending the
zoning classification of property located in the 8800 and 8900 block of Sandifur
Parkway from C-1 (Retail Business) to R-1 (Low Density -Residential).
Council and staff discussed the details of the proposed ordinance.
MOTION: Ms. Francik moved to adopt Ordinance No. 4211, rezoning property located in
the 8800 block of Sandifur Parkway from C-1 to R-1 and, further, authorize publication by
summary only. Mr. Garrison seconded. Motion carried 6-1. No — Larsen.
Ordinance No. 4212, an Ordinance of the City of Pasco, amending Pasco Municipal
Code Sections 3.07.190, Stormwater Utility.
Council and staff discussed the details of the proposed ordinance.
MOTION: Ms. Francik moved to adopt Ordinance No. 4212, adjusting the stormwater
utility rates effective April 1, 2015 and, further, authorize publication by summary only.
Mr. Yenney seconded. Motion carried 5 — 2. No — Hoffmann and Larsen.
Resolution No. 3621, a Resolution accepting the Planning Commission's
recommendation and approving a special permit for the location of a Police
Community Services Building at 525 N. 3rd Avenue.
Council and staff discussed the details of the proposed resolution.
MOTION: Ms. Francik moved to approve Resolution No. 3621, approving the special
permit for the location of a Police Community Services Building at 525 N. 3'd Avenue as
recommended by the Planning Commission. Mr. Martinez seconded. Motion carried
unanimously.
Resolution No. 3622, a Resolution approving a preliminary plat for Broadmoor
Terrace.
Council and staff discussed the details of the proposed resolution
MOTION: Ms. Francik moved to approve Resolution No. 3622, approving the
Preliminary Plat for Broadmoor Terrace. Mr. Garrison seconded. Motion carried 6-1. No
— Larsen.
Resolution No. 3623, a Resolution, accepting the Planning Commission's
recommendation and approving a special permit for the location of a mini -storage
facility near the corner of Argent Road and Road 44.
Council and staff discussed the details of the proposed resolution
MOTION: Ms. Francik moved to approve Resolution No. 3623, approving a special
permit for the location of a mini -storage facility near the corner of Argent Road and Road
44 as recommended by the Planning Commission. Mr. Yenney seconded. Motion carried
unanimously.
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MARCH 2, 2015
NEW BUSINESS:
Consideration of Multi -Agency Three Rivers Information & Communication Services
(MATRICS) Interlocal Agreement:
Council and staff discussed the details of the proposed agreement.
MOTION: Ms. Francik moved to approve the Interlocal Agreement for the creation of the
Multi -Agency Three Rivers Information & Communication Services (MATRICS) with the
cities of Richland and Kennewick, and Benton and Franklin Counties. Mr. Martinez
seconded. Motion carried unanimously.
Broadmoor Area Development Professional Services Agreement:
Council and staff discussed the details of the proposed agreement.
MOTION: Ms. Francik moved to approve a Professional Services Agreement with
Hansen Design in the amount of $127,700 and, further, authorize the City Manager to sign
the Professional Services Agreement. Mr. Garrison seconded. Motion carried
unanimously.
Bid Award: 2015 Water Meter Relocations, Project #M7 -WT -2R-15-02:
Council and staff discussed the details of the proposed agreement.
Laurie Castellanos, 1814 W Octave St., inquired about back flow devices.
MOTION: Ms. Francik moved to award the low bid for the 2015 Water Meter
Relocations Project to Puget Sound Utility Services, Inc., in the amount of $100,485.41
_ and, further, authorize the City Manager to execute the contract documents. Mr. Garrison
seconded. Motion carried unanimous Roll Call vote.
Bid Award: 2014-2015 Chip Seal, Project #C5 -ST -3R-14-01:
Council and staff discussed the details of the proposed agreement.
MOTION: Ms. Francik moved to award the low bid for the 2014-2015 Chip Seal Project,
to include all areas, to Central Washington Asphalt, hic., in the amount of $248,120.86 and,
further, authorize the City Manager to execute the contract documents. Mr. Martinez
seconded. Motion carried unanimous Roll Call vote.
MISCELLANEOUS DISCUSSION:
Frances Wilson, 725 W Bonneville, inquired about a statement the Mayor made earlier in
the meeting.
Jeremy Peterson, 1414 W 6th Avenue — Kennewick, read a statement regarding social
injustices.
Christine Tucker, 1212 W le Avenue — Kennewick, shared concerns about parks for
children on the eastside of Pasco.
Councilmembers reminded the public that all council meetings are broadcast online at the
City of Pasco webpage www.pasco-wa.gov.
EXECUTIVE SESSION:
Council adjourned to Executive Session at 8:13 p.m. for approximately 15 minutes to
discuss litigation or potential litigation with the City Manager and City Attorney.
Mayor Watkins called the meeting back to order at 8:26 p.m.
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MARCH 2, 2015
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:26 p.m.
APPROVED: ATTEST:
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Matt Watkins, Mayor Debra L. ark Clerk
PASSED and APPROVED this 16th day of March, 2015.