HomeMy WebLinkAboutR-1992-D6075 Computer / PrimeRESOLUTION NO. D-6075
A RESOLUTION authorizing purchase of certain Prime series
computers and associated peripheral equipment and
software without calling for bids and declaring
certain existing Prime series computers to be
surplus.
WHEREAS, the City of Yakima desires to finance through an
Equipment Lease agreement:
1. An existing lease balance with Primetec Leasing, a
Leasetec Company, of $522,154;
2. New computer equipment described as Series 6650 and
5540 computers for $963,059; and,
3. An Uninterruptible Power Supply for $104,000
for a total amount of $1,589,213 for which Primetec Leasing
and Prime Computer, Inc. have indicated their willingness to
contract no later than March 31, 1992; and
WHEREAS, the City of Yakima desires to enter into a six
year lease/purchase option agreement for the aforementioned
system at the proposed price, by which the City makes install-
ment payments to Primetec Leasing, Inc., a Leasetec Company;
and
WHEREAS, the resulting Primos Operating System represents
a combination of Prime computer hardware and software that
best matches the City's current needs, a refinement process
that has been ongoing since 1981, the continuation of which
avoids time delays that would be a critical detriment to the
City administration's functioning, as well as increased costs
involved in a conversion to a different system; and
WHEREAS, the City Council finds and declares Prime Com-
puter, Inc. is the sole source of the required hardware making
the bid process unnecessary; and
WHEREAS, the City's current Prime Series 9955, 9755, and
4050 computers, attached peripheral equipment, and system
software is not needed for the desired above -outlined system
and is thus surplus and is to be used as partial consideration
for the contemplated lease purchase, now, therefore,
- 1 --
(res/prime.sc)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized and
directed to execute the following documents in the possession
of the City's Finance Director:
1. System Lease Schedules A for Series 6650 and 5540
computers;
v. Equipment Lease (Master Terms and Conditions) docu-
ments, also known as Master Lease Purchase Agree-
ment, and associated addenda relating to essential
use confirmation, records agent designation, and
operations/status assurance, as to the above -desig-
nated series;
3. Rider documents related to amortization, fixed
purchase price option, and non -appropriation termi-
nation, as to the above -designated series;
4. UCC -1 Financing Statements related to the above -
designated series; •
5. Any documents providing for return of surplus Prime
Series 9955, 9755, and 4050 computers, including
attached peripheral equipment, and system software,
as part of the acquisition of the above -outlined
Primos Operating System;
6. Information Return for tax-exempt governmental
obligation, Internal Revenue Service Form No. 8038-
G; and
7. Any other adjunct document which, in the opinion of
the City Attorney, is necessary to carry out the
purpose of this resolution.
ADOPTED BY THE CITY COUNCIL this 27-4-4. day of L4a.4,
1992.
cf >eLd7.•
Mayor
ATTEST:
City Clerk
(res/prime.sc)
AN ORDINANCE
ORDINANCE NO.
amending the 1992 budget for the City of Yakima; and making
an appropriation of $213,059 in the General Fund for
expenditure during 1992 for a Computer Purchase Lease.
WHEREAS, the amount of $213,059 must be appropriated within the General
Fund in order to provide funding for a Computer Purchase Lease, and
WHEREAS, at the time of the adoption of the 1992 budget it could not
reasonably have been foreseen that the appropriation provided for by this ordinance
would be required; and the City Council finds that an emergency exists of the type
contemplated by RCW 35.33.091 and that it is in the best interests of the City to make
the appropriation herein provided, now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The amount of $213,059 is hereby appropriated from the
Unappropriated Fund Balance in the General Fund to account number
000.052.631.0000.594.18-660 as a 1992 appropriation.
Section 2. This ordinance is one making an appropriation and shall take
effect immediately upon its passage, approval and publication as provided by law and
by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this day of
April, 1992.
ATTEST:
CITY CLERK
First Reading:
Publication Date:
Effective Date:
LEGAUbd
Ordinances
A09
MAYOR
CITY OF YAKIMA
CITY HALL, YAKIMA, WASHINGTON 98901
City of Yakima
Information Systems
Memorandum
Date: March 17, 1992
DEPT. OF FINANCE & BUDGET
Customer Service 575-6080
Finance 575-6070
Information Systems 575-6098
To: The Honorable Mayor & Members of the City Co
Dick Zais, City Manager
From: John Hanson, Director of Finance & Budget
Rick Pettyjohn, Information Systems Manager
Subject Acquisition of General City & Public Safety Co4puters
Purpose: The purpose of this Memorandum is to:
1) Update the City Council about the computer acquisition process (Pages
1&2);
2) Describe the final computer configuration (Pages 2, 3 & 4);
3) Request a supplemental Lease Capital Appropriation to reflect the
capital amount of the final computer configuration (Page 4);
4) Explain the annual cost savings produced by reduced lease payment
and equipment maintenance costs (Pages 4 & 5);
5) Request the City Council to declare Prime Computer Inc. as the Sole
Source for the computer equipment and software (Page 6); and
6) Request the City Council to authorize an Equipment Lease with
Primetec Leasing, Inc. to acquire the computer equipment (Page 6 & 7).
Computer Acquisition Update:
During the City Council Meeting of September 19, 1991, Information Systems
presented an Information Systems Five -Year Strategic Plan Update. The
Strategic Plan Update recommended acquisition of new General City and
Public Safety central computer systems. In the Introductory Memo we
recommended that the City acquire two of the recently introduced Prime 5000
Series of computers. We estimated the capital cost of the two new computers
at $750,000. We also estimated the total, annual, incremental Hardware
Maintenance and Lease Cost increase at $100,000. The City Council accepted
the Strategic Plan and the computer acquisition recommendations.
Page 1
Accordingly, as a 1992 Budget Policy Issue, we requested an appropriation of
$750,000 in the Information Systems Capital Lease account and a $100,000
appropriation increase in the Lease Payments accounts of the 1992
Preliminary Budget. A Lease I• venue offset the Lease Capital appropriation.
Police High -Crime funds and Fire EMS funds provided the funding for the
$100,000 Lease Payments. The City Council approved these appropriations and
revenue sources during the 1992 Final Budget adoption in December 1991.
However, we noted in both the September report and the budget document
that the final Lease Capital amount may change.
The Information Systems staff has developed a Prime Computer hardware
and software configuration that we believe takes best advantage of the
available technology and the balance between capital expenditures and
maintenance costs.. The resulting computer systems will greatly increase both
the performance and the flexibility of the City's computer systems well
beyond the current computer configuration.
While the capitalized amount has increased, actual, annual, lease and
maintenance costs have decreased significantly. The City will realize the
majority of these savings within the first two years. For example, in 1992 the
City will save over $100,000 in the combined Information Systems lease and
maintenance accounts. Because these savings occur within the first couple
years, they enhance the present value our acquisition proposal even further.
In consideration of the prior City Council computer acquisition approval, the
increased computer performance the City will realize, and the projected
budgetary savings resulting from the final computer configuration, we
strongly recommend that the City Council accept this report, approve the
related legislation, and direct the City Manager to execute the agreements
necessary to complete the computer purchase.
Computer Configuration Description
Prime CPU Performance - The final computer configuration will replace the
City's Prime 4050, 9755, and 9955 CPUs with two Prime 5540 CPUs. The City's
three current CPUs have a combined power rating of 11.6 Million Instructions
Per Second (MIPS). Each Prime 5540 has a MIPS rating of 38.76 for a combined
77.52 MIPS total. Therefore, the City will realize a nearly seven -fold increase
in totalcomputer processing power.
This power increase should result in approximately a four -fold increase in
work through -put and perceived performance improvements. The
performance increase will eliminate the long delays and slow computer
response times currently experienced by City computer users. It will also
provide more capacity for further automation resulting in a more effective
and efficient workforce.
Page 2
Public Safety CPU Upgrade - In the September report we had anticipated
purchasing a Prime 5540 for General City use and a 5520 for the Public Safety
System. However, after further analyzing the load on the current Public
Safety System and factoring in the expected growth in Public Safety use, we re-
configured the final system to include two Prime 5540s. This has increased
the total capital amount by approximately $107,000. The $107,000 represents
approximately a 30% capital increase for a 100% computer power increase. If
the City exercised the 5540 option in the future, we believe the upgrade cost
would grow to 70% or greater.
Computer Peripherals Replacement - The recommended computer
configuration will also replace nearly all of the City's existing disk storage,
tape backup, and the central data communications equipment. While we had
originally planned only to increase the current disk, tape, and
communications peripherals, four factors contribute to the benefit of nearly
complete replacement.
First, capacity in all three areas will increase dramatically. Disk space will
increase from our present capacity of 8.7 billion characters (gigabytes) to 13.0
gigabytes. Unattended tape backup capacity will increase from 4 gigabytes to 10
gigabytes. Communications ports will increase from 328 to 384.
Second, the flexibility and reliability of the systems will increase. The new
disk and tape systems are inherently more reliable resulting in a longer
mean -time between failures. Furthermore, because the tape and disk systems
have redundant power supplies, the computer operators may replace the
drives "on -the -fly." These features will eliminate almost all computer down
time resulting from disk failures -- normally the most unreliable segments of
computer systems. The new communications systems will provide easier
and broader access to the central computers by all City computer users.
Third, the new systems will move the City towards industry -wide "Open -
System" standards in hardware, communications software, and
communications wiring schemes. This will lead to more competitive and
wider choices of hardware when expanding the systems in the future.
Fourth, replacing the systems will cost the City less in lease and maintenance
costs than staying with the older technology hardware. For example, monthly
maintenance per megabyte on the existing 496 disk drives equals 25.6 cents
per megabyte. Monthly maintenance per megabyte on the new disk drives
will cost the City only 3.5 cents — a decrease of 7.3 times. While the new
hardware will increase the capital amount of the acquisition by approximately
$85,000, savings in maintenance costs will reduce total annual expenditures
by $16,000 net of the capital payments.
Page 3
The rest of the hardware and software system configuration remains the same
as the City's current systems except for the addition of a "C" Compiler. This
compiler will enable Information Systems to write system level utilities in an
"Open -System" standard. This will result in more efficient utilities and will
enable us to convert more easily to Open -Systems in the future. The "C'"
Compiler increased the capital amount by approximately $21,000.
While the CPU performance and peripheral capacity increases may seem
large, it represents approximately' the same increases the City realized when
we updated the Prime 550 CPU to the Prime 9950 and 2550 CPUs in 1985. If
computer usage continues to grow at the same rate as the last seven years, the
Prime 5000 Series technology, should last for another five to seven years.
However, as in the past, the City may require some incremental power
increases and additional peripheral equipment during that time.
Supplemental Capital Lease Appropriation Request
The City Council approved a $750,000 Lease Capital avpropriatioi�
to _,aca uire new, central Prime computer systems. As stated above, wg
recomrnend three changes that increase the capital cost of the new systems_.
The Public Safety, CPU wade adds $107,000; the disk, tape and.
communications trade adds $85,000; and the "C" Compiler adds $21.000_.
These chases require an additional $213,059 appropriation resulting in a
$963,059 total.
This additional Capital Lease Appropriation does not effect the 1992 City's
General Fund balance. The appropriation satisfies a State Auditor's
accounting requirement to state the full capital cost of leased equipment in
the year the lease begins. A Coital Lease Revenue fully offsets the
appropriation resulting in no change to the actual General Fund
expenditures. Accordingly, we have prepared an Appropriation Request for
$213,059 and submitted it with this report.
Lease & Maintenance Budget Savings
While the Capital. Lease accounts have increased above the adopted budget,
Information Systems' actual costs, as reflected in the lease payment and
equipment maintenance expenditure accounts, have decreased significantly.
We have decreased these costs by rolling existing leases into the new lease
and by dramatically reducing equipment maintenance costs.
The new lease will include the • rior Prime e• ui . ment lease balance of
$427,568 the CalComp Plotter lease balance of $58,448, the GIS Workstation
lease balance of $36,138, the recently installed Uninterruptable Power Supply
lease of $104,000, and the new Prime computer lease of $963,059. The lease
balances and new leases total $1,589,213. The new annual lease principal and
Page 4
interest payments equal $366,619. Because of the equipment delivery
schedule, the 1992 lease payment will equal $302,907. The five-year average
annual payment equals $353,876. This averages $24,509 over the projected
$329,368 budget.
The City will realize cost savings in equipment maintenance for two reasons.
First, reliability of the new equipment has greatly increased resulting in less
required maintenance and, therefore, less expensive maintenance contracts.
Second, Prime will provide to the City one year free maintenance on all new
hardware. As a result, the Prime equipment maintenance budget will
decrease from $106,844 to $29,470 for a $77,374 saving. In 1993 maintenance
will increase to $47,988 for a $58,856 saving. In the subsequent years, the
maintenance will increase to $70,196 for a $36,648 saving. The five-year
average annual saving equals $49,235 compared to the 1992 budget projected
forward.
These expenditures remain consistent with the Strategic Plan Update
Introductory Memo and the 1992 Budget Wrap-Up/Policy Issues. In both the
Strategic Plan and the 1992 Budget we indicated that the Capital Lease amount
may require adjustment but the actual expenditures in the Lease Payments
and Maintenance accounts would remain below an annual incremental
increase of $100,000 as budgeted in the 1992 Information Systems budget. The
City will realize an average annual saving of $24,726 from the estimated
$100,000 budget increase for lease payment and equipment maintenance costs.
Because the Strategic Plan lease and capital cost projections include some
equipment in addition to the central computers, we have difficulty directly
comparing the Strategic Plan projections to this report. However, our
estimated $353,876 average annual cost falls well below the $632,913 Strategic
Plan projection.
Equipment Delivery Schedule
Prime's originally announced development schedule called for delivery of
the 5520s in March 1992, and the 5540s in June 1992. Due to continuing
software engineering of the Primos Operating System, Prime now projects
5520 delivery in mid-June and 5540 delivery at the end of August or
beginning of September. Because of the delay, we have negotiated delivery of
interim CPUs from Prime. Prime will deliver two Prime 6550 CPUs for a cost
of $50,000 each — well below market value. Prime has reduced the cost of the
5540s an equivalent amount. In addition, Prime will provide free
maintenance of the 6550s until they deliver the 5540s. When Prime does
deliver the 5540s, the year of free maintenance begins on the new CPUs.
We believe this proposal protects the City's interest and provides adequate
performance until delivery of the 5540s. Prime rates the 6550 and the 5520
CPUs at approximately the same level of performance. In effect, the City will
Page 5
receive the use of two very powerful computers free of charge. Even if Prime
further delays the 5540 delivery, the City will save approximately $3,000 per
month in maintenance.
Prime Computer Sole Source Dedaration
The City has used Prime computers since 1981. During the last eleven years
Information Systems has both purchased and developed a large number of
application systems that depend upon the Primos Operating System. We
could convert much of our software to use other companies' computers.
However, as reported in the Strategic Plan Introductory Memo, the time delay
and costs of such a conversion far outweigh any advantages.
Prime has developed the Primos Operating System specifically for
commercial data processing and has created a mature, easy-to-use, operating
system. As such, it has many advantages over the current Open System
UNIX standard. Therefore, because of the conversion costs .and the
advantages of the Primos Operating System, we believe that remaining with.
Prime computers will best serve the City's interests.
Prime Computer, Inc. manufactures all the equipment and software in the
recommended computer configuration. Value Added Re -marketers (VARs)
provide the only other source. The VARs must sell software with the
computer equipment. Since this purchase does not include software, we
recommend that the City Council declare Prime Computer, Inc. as the Sole
Source for the computer equipment.
Information Systems does intend to convert or rewrite most of the City's
application software over the next few years to allow for easier conversion to
an Open System standard. This will open up a much larger and more
competitive source for future system upgrades.
Conclusion & Recommendations
Use of the City's computer resources has increased dramatically since 1985
when we installed the Prime 9955. Even though the City has added to the
9955 computer system over the years, the increasing demand for computer
resources has out paced its technology. The City Council has recognized this
fact through it acceptance of the Strategic Plan Update and adoption of the
1992 Information Systems Budget.
With the Prime Computer acquisition proposal presented in this report, we
believe Information Systems has put together a computer hardware
configuration that takes advantage of some of the best, most current,
computer technology available and still protects the City's investment in
computer software. The proposed system will also begin a movement toward
Page 6
an Open -System technology that will provide a more flexible and competitive
path for future computer upgrades and acquisitions.
More importantly, we have dramatically increased the power and flexibility of
the City's central computer resources while staying well below the projected
financial resource requirements. While the capital lease costs have increased
by $213,059, the City's actual expenditures for lease payments and
maintenance costs will decrease approximately $25,000, or 25%, below the
projected average annual cost increase over the next five years. The City will
realize over $100,000 of that savings in the first year.
Therefore, we recommend that the City Council
1) accept this report;
2) pass Resolution authorizing the City Manager to execute the
Equipment Lease and dedaring Prime Computer, Inc. as Sole Source;
3) read Appropriation Ordinance by title only 3/24/92; and
4) adopt Appropriation Ordinance 4/14/92.
Page 7
Prime
Prime Computer, Inc..
Prime Par*
Natick Massachusetts 01760
PURCHASE, UCENSE AND SERVICE
QUOTATION AND ORDER
PART I
CUSTOMER:
CITY OF YAKIMA
CONTACT Rick Pettyjohn
PHONE (509) 575-6098
PRIME USE ONLY
PAGE 1 OF — PAGES
M/A NO.
QUOTATION NO. 06346-043-92A
P.O. NO.
SYSTEM NO.
INSTALLATION ADDRESS:
129 N. SECOND ST.
YAKIMA, WASHINGTON 98901
This order, consisting of this page and the accompanying Product Schedule(s), is placed pursuant to (check appropriate boxies]):
E:
11
Purchase and License Agreement* No.
AND/OR
Master Service Agreernent No.
*Older agreements may be entitled "Purchase, License and Service Agreement:'
Any Quotation set forth herein shall remain in effect until the expiration date indicated below unless withdrawn or modified in writing by
PRIME prior to acceptance by PRIME of an order made hereunder.
Date Of Quotation _ 3/10/92
Requested Ship Date . 4/15/92,
Quotation Expiration Date 3/28/92
Miles From the
Designated Service Center
if this Quotation and (Order is for Service only, check appropriate box ® New System Service Change
Customer declines transit insurance
(Customer's Wtialul
CUSTOMER
CITY OF YAKIMA
BY
TITLE
DATE
1150-02A.8l90
PRIME COMPUTER, INC.
BY
TITLE
DATE
Forms Management t5-03
Prime
Prime Computer, Inc.
Prime Park
Natick Massachusetts 01760
PURCHASE, LICENSE AND SERVICE
QUOTATION AND ORDER
PART U: PRODUCT SCHEDULE
CUSTOMER CITY OF YAKIMA
PRIME USE ONLY
PAGE .i_ OF 3 PAGES
QUOTATION NO 06346-043-92A
SYSTEM NO
Qty.
Model Number
Description
Purchase Price
and/or
License Fee
Cod
Service charge
Supportupd
e
1
R-UG6550-50
6550 CPU with 32MB memory
$ 50,000
H
0
PRF
1
UG5540-03
UPGRADE: 5540 Model 3
446,000
H
1,450
PRF
1
CR9755-TL
Credit for return on 9755 CPU
- 21,000
N
N/A
PRF
1
CRMMW2-8MB
Credit: 8MB type 2 memory brd
- 5,000
N
N/A
NON
1
75500-6PK
5 Device Module High
availability device module
for SCSI -2 disk and tape devices
on 5XXX and 6XXX Series systems
6,200
H
30
PRF
4
4732PK1
Disk: 1.34GB 5.25 in SCSI drive
mounted on removable sled for
use in 75500-6PK device module
31,800
H
120
PRF
-
7210G
SCSI -2 Controller for disk and/
or tape devices for 2850, 2950,
4000 and 6000 Series
6,820
R
60
PRF
4
KIT6996-002
Kit: SCSI bus cable kit from
system bulkhead to 75500-6pk.
440
R
N/A
NON
One kit for each SCSI bus
6
CRO6P-D
Credit: Fixed media disk
- 6,000
N
N/A
NON
2
CRO6P-C
Credit: Disk/tape controller
- 1,000
N
N/A
NON
1
4601PK1
5.G.B. Helical tape drive
6,950
H
32
PRF
1
CRO6P-T
Credit: Tape drive for up-
grading to 4598 tape drive
- 1,000
N
N/A
NON
3
LTS350-64
64 Port LTS350 w/Thick Eth and
24,750
H
123
PRF
1 Parallel Port
1
CRLTS300
Credit for LTS300
- 1,000
N
N/A
NON
gent terms: Notwithstanding anything to the contrary in CUSTOMER's pine and license agreement with PRIME, (a) shipment of the Products above will be made "freight collect"
41Ishipping and handling charges to be paid by CUSTOMER directly to the common carrier and (b) payment in fill of the purchase price and license fees (other than monthly fees) for
. toducts above is due thirty (30) days from the date of Shipment, i.e.. the transfer, f.o.b. origin, of such Products by PRIME either to a common carrier or to CUSTOMER.
CUSTOMER INITIALS` CITY OF YAKIMA
8150-028-880
Forms Management 15-03
Prime
Pume a.r,ys:ne ; Inc
Pnine Park
Natick Massachusetts 01760
PURCHASE, LICENSE AND SERVICE
QUOTATION AND ORDER
PART II: PRODUCT SCHEDULE
CUSTOMER CITY OF YAKIMA
PRIME USE ONLY
PAGE __3__OF 3 PAGES
QUOTATION NO, 06346-043-92A
SYSTEM NO.
Qty.
Model Number
Description
Purchase Price
and/or
License Fee
Code
Service Charge
Swoart
PP
36
CBL35O-001
4ft. TELCO (50PIN) to DB -25
shielded PVC terminal fanout
cable
$ 6,480
N
$ 0
PRF
2
KIT2294M
Kit: To mount URC in 53XX system
1,050
H
N/A
PRF
Kit contains bulkhead adapter
board and bulkhead cables
•
1
8505-P6S
Prime INFORMATION for 50 Series
18,025
S
110
PSS
Support Category = A
1
CR8505-P4
Credit: Prime INFORMATION for
- 2,500
N
N/A
NON
50 Series •
1
8503 -P6 -T
PRIMOS Telephone Support for
N/A
N
N/A
PSS
Tier 6
1
9310US-P6
PRIMEWORD Word Processing
20,085
s
N/A
PSS
Support Category = A
1
CR9310US-P4
Credit: PRIMEWORD Word Processing
- 8,500
.N
N/A
NON
I
8090-P6
TCP/IP
9,270
S
65
PSS
Support Category = A
I
8515-P
FORTRAN 66 compiler
N/C
S
N/A
NON
1
8525-P
BASIC Interpreter: Offered as
is with no support
N/C
S
N/A
NON
1
KIT4590
Cable Kit for the 4590,
800/1600/6250 BPI, 50 IPS
206
N
N/A
PRF
GCR tape controller
I
IKIT5602
KIT to reconnect 5602 MDLC
155
N
N/A
PRF
1
KIT5622
KIT to reconnect 5622 MDLC
155
N
N/A
PRF
SUBTOTAL
$582,386
$1,990
DISCOUNT
88,072
-
TOTALS
$494,314
$1,990
Payment terms: Notwithstanding anything to the contrary in CUSTOMER'S purchase and license agreement
with PRIME, (a) shipment of the Products above wit be made "freight collect"
with all shipping and handling charges to be paid by CUSTOMER directly to the canon carrier and (b) payment in fun of the purchase
price and license fees (other than monthly
fe. -' `-r
the Products above is due thirty (30) days
from the date of Shipment, i.e., the transfer, f.o.b. origin, of such Products by PRIME either to
a common carrier or to CUSTOMER.
CUSTOMER INITIALS:
CITY OF YAKIMA
8150-028-8/90
s Management ib-
PRIMETEC
Primetec Leasing, Inc.
A Leasetec Company
1 New York Avenue
Framingham, MA 01701
EQUIPMENT LEASE
(Master Terms and Conditions)
Lessor: Primetec Leasing, Inc. (hereinafter called "Lessor")
Address: 1 New York Avenue, Framingham, MA 01701
Lessee. City of Yakima, Washington
TO BE COMPLETED BY
PRIMETEC ONLY
Lease #
Date
Address. 129 North Second Street, Yakima, WA 98901
(hereinafter called "Lessee")
Lessor and Lessee acknowledge and agree to the following:
1. LEASE: (a) Lessor hereby leases to Lessee and Lessee leases from Lessor the personal property described on the Equipment Schedules,
together with all replacements, parts, cables, repairs, additions and accessories incorporated therein or affixed thereto (collectively
hereinafter called the "Equipment").
(b) "Equipment Schedule" means any Schedule A in the form attached hereto (or as otherwise mutually agreed) with all the blanks
completed, signed by Lessor and Lessee and incorporating, by reference, the terms and provisions of this Equipment Lease ("Master
Lease"). Each Equipment Schedule shall constitute a separate and independent lease (a "Lease"); the original of such Lease shall
consist of the manually -signed Equipment Schedule and a reprographic copy of the Master Lease. (Other capitalized terms used herein
shall mean and refer to the definitions set forth below or the corresponding items on the applicable Equipment Schedule.)
2. TERM: The Lease shall commence with respect to Equipment described on the Equipment Schedule upon the Lease Commence-
ment Date and shall continue for the Term, calculated from the first day of the month following the Lease Commencement Date. Unless
otherwise stated on the Equipment Schedule, "Lease Commencement Date" means the date upon which Equipment is delivered and
determined by Lessor or its designees to be ready for use at Lessee's location; and Lessee agrees to execute a Delivery and Acceptance
Certificate (in the form of Schedule B hereto) as of such date.
3. LEASE PAYMENTS: Lessee agrees to pay Lessor rent for the Equipment ("Lease Payments") as set forth in the applicable Equip-
ment Schedule, together with payment for any partial month at the commencement of the Lease. If the Lease Commencement Date
does not fall on the first day of a month, the payment for the partial month at the commencement of the Lease shall be a pro rata portion
of the Lease Payment, calculated on a 30 -day basis. (If Rental Payments are payable quarterly under the Equipment Schedule, the
references herein to "month" shall mean "quarter"; and the pro rata calculation under the preceding sentence shall be on a 90 -day
basis.) Each Lease shall be a net lease, and Lessee's obligation to pay all rent and other sums thereunder shall be absolute and uncon-
ditional, and shall not be subject to any abatement, reductions, set-off, defense, counterclaims, interruption, deferment or recoupment,
for any reason whatsoever. A charge on any Lease Payments or other sums due hereunder which are past due shall accrue at the
rate of 18% per annum, or if such rate exceeds the maximum rate allowed by law, then at such maximum rate, and shall be payable
on demand. The Lease may only be terminated as expressly provided herein.
4. WARRANTIES: Lessee acknowledges that it has made the selection of each item of Equipment and any software ("Software") sup-
plied with the Equipment, based upon its own judgement and expressly disclaims any reliance upon statements made by Lessor. If
the Equipment is new, Lessee has approved the terms of the purchase by Lessor from the Equipment supplier. LESSOR MAKES NO
EXPRESS OR IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE WITH
RESPECT 10 THE EQUIPMENT AND SOFTWARE AND HEREBY DISCLAIMS THE SAME. Lessor shall have no liability for any damages,
whether direct or consequential, incurred by Lessee as a result of any defect or malfunction of the Equipment or Software. Lessor hereby
assigns to Lessee, for and during the Term, any warranty on the Equipment provided by the supplier.
5. INSURANCE: Upon the commencement hereof and until return of the Equipment, the Lessee shall obtain and maintain at its own
expense, (a) insurance against the Toss of or damage to the Equipment including, without limitation, Toss by fire or other casualty, and,
(b) public liability and property damage insurance. All such insurance shall be in such amounts, in such form and with such insurers
as shall be satisfactory to Lessor; provided, however, that the amount of insurance against loss or damage to the Equipment shall not
be less than the greater of the full replacement value of the Equipment or the Lease Payments then remaining unpaid hereunder. Each
insurance policy will name Lessee as an insured and Lessor as an additional insured and Toss payee, and shall contain a clause requir-
ing the insurer to give Lessor at least thirty (30) days prior written notice of any alteration in the terms of such policy or of the cancellation
thereof. Lessee shall furnish to Lessor a certificate of insurance or other evidence showing that such insurance coverage is in effect.
Lesses agrees to give Lessor prompt notice of any insurance claims made or to be made with respect to the insurance described herein.
6. TAXES: In addition to the Lease Payments as provided for herein, Lessee shall pay and (on a net after-tax basis) indemnify and
defend Lessor against all fees, assessments and sales, use, property, excise and other taxes now or hereafter imposed by any govern-
mental body or agency upon this Lease, any Equipment, Software, Lease Payments or other charges hereunder. Applicable sales and
use taxes will be added to the Lease Payments unless Lessee provides evidence of direct payment authority or an exemption certificate
valid in the state in which the Equipment is installed. Other applicable taxes may be separately billed to Lessee by Lessor and shall
be due within thirty (30) days of the invoice date.
REV. 05/91
7. EVENTS OF DEFAULT: An event of default shall occur hereunder if Lessee: (a) fails to pay any Lease Payment or other payment
required hereunder when due and such failure continues for a period of ten (10) days after written notice from Lessor; or (b) defaults
in the performance of any obligation or in the payment of any sum due Lessor under any other agreement, arrangement or understan-
ding and such failure continues for a period of ten (10) days after written notice from Lessor; or (c) fails to perform or observe any other
covenant, condition or agreement to be performed or observed by Lessee hereunder or breaches any representation or provision con-
tained herein or in any other document furnished Lessor in connection herewith and such failure or breach continues unremedied for
a period of ten (10) days after written notice from Lessor; or (d) without Lessor's consent attempts to assign this Lease or remove, sell,
transfer, encumber, part with possession, or sublet any item of Equipment; or (e) is not paying its debts as such debts become due,
becomes insolvent, files or has filed against it a petition under any chapter of the U.S. Bankruptcy Code, 11 U.S.C. Sec. 1.10 et. seq.
(or any similar petition under any insolvency law of any jurisdiction), proposes any dissolution, liquidation, composition, financial reorganiza-
tion or recapitalization with creditors, makes an assignment or trust mortgage for the benefit of creditors, or if a receiver, trustee, custo-
dian or similar agent is appointed or takes possession with respect to any property or business of Lessee.
8. REMEDIES: Upon the occurrence of any event of default and at any time thereafter, Lessor shall have the right to exercise any one
or more of the following remedies:
(a) Lessor may terminate this Lease and any other Leases between Lessor and Lessee;
(b) Lessor may declare all sums due and to become due for the full term of the Leases so terminated immediately due and payable;
(c) Lessor may require that Lessee return all Equipment and Software in the same condition as when delivered, ordinary wear and
tear excepted, at Lessee's risk and expense, to such location within the continental United States as Lessor designates;
(d) if this Lease specifies a Stipulated Loss Value for the Equipment, with or without terminating this Lease, Lessor may recover such
Stipulated Loss Value as of the Lease Payment date immediately preceeding the occurrence of the event of default;
(e) if no Stipulated Loss Value is specified in this Lease, with or without terminating this Lease, Lessor may recover damages, not as
a penalty, but herein liquidated for all purposes in an amount equal to (i) any accrued and unpaid Lease Payments to the date on which
Lessor obtains possession of the Equipment (or such earlier date as judgement is entered in favor or Lessor) (the "Determination Date"),
plus interest as specified herein for past due amounts, (ii) the present value of all future Lease Payments reserved in the Lease dis-
counted to the Determination Date at a rate equal to the then -current discount rate of the Federal Reserve Bank of San Francisco plus
one percent (1%), and (iii) the Equipment's fair market value at the expiration of the Term as estimated by Lessor;
(f) Lessor may recover any amounts due under any indemnity then determinable, plus interest as specified herein for past due amounts;
(g) Lessor may sell any or all of the Equipment at public or private sale, with or without notice to Lessee or advertisement, or otherwise
dispose of, hold, use, operate, lease to others or keep idle such Equipment, all free and clear of any rights of Lessee and without any
duty to account to Lessee for such action or inaction or for any proceeds with respect thereto; and may apply the net proceeds therefrom
(after deducting all costs associated with such sale) to the obligations of Lessee hereunder and any other obligations of Lessee to Lessor,
with any excess proceeds being retained by Lessor;
(h) Lessor may exercise any other right or remedy which may be available to it under the Uniform Commercial Code or other applicable
taw including the right to recover damages for the breach hereof.
to addition, Lessee shall be liable for, and reimburse Lessor for, all reasonable and necessary legal fees and all commercially reasonable
costs and expenses incurred by Lessor as a result of the foregoing defaults, or the exercise of Lessor's remedies, including placing
any Equipment in the condition required by Paragraph 10 hereof. No remedy referred to in this Paragraph 8 is intended to be exclusive,
but each shall be cumulative and in addition to any other rernedy referred to above or otherwise available to Lessor at law or in equity.
No express or implied waiver by Lessor of any default shall constitute a waiver of any other or further default by Lessee or a waiver
of any of Lessor's rights. The Lessee's separate licenses for Software may provide for termination of such licenses upon termination
of this Lease; Lessee is referred to such licenses for applicable provisions.
9. ASSIGNMENT BY LESSOR: LESSEE ACKNOWLEDGES THAT LESSOR MAY SELL, ASSIGN, GRANT A SECURITY INTEREST
IN, OR OTHERWISE TRANSFER ALL OR ANY PART OF ITS RIGHTS, TITLE AND INTEREST IN THIS LEASE AND THE EQUIPMENT
WITHOUT NOTICE TO OR CONSENT OF LESSEE. Upon Lessor's written notice to Lessee that this Lease, or the right to the Lease
Payments hereunder, have been assigned, Lessee shall, if requested, pay directly to Lessor's assignee without abatement, deduction
or set-off all amounts which become due hereunder. Lessee waives and agrees it will not assert against Lessor's assignee any counterclaim
or set-off in any action for rent under the Lease. Upon the assignment of this Lease, Lessor's assignee shall have and be entitled to
exercise any and all rights and remedies (but none of the obligations) of Lessor hereunder, and all references herein to Lessor shall
include Lessor's assignee. Lessee acknowledges that any assignment or transfer by Lessor does not materially change Lessee's duties
or obligations under this Lease nor materially increase the burdens or risks imposed on Lessee.
10. DELIVERY AND RETURN OF EQUIPMENT: Lessee shall pay all shipping charges for delivery of the Equipment to Lessee's installa-
tion site. In the absence of specific instruction, Lessor or the Equipment supplier will select the carrier, but shall not hereby assume
any liability in connection with the shipment, nor shall the carrier be construed to be the agent of Lessor. Upon the expiration or earlier
termination of the Lease, Lessee, at its own risk and expense, absent Equipment purchase, shall promptly return the Equipment to Lessor
in the same condition as when delivered, ordinary wear and tear excepted, to such location within the continental United States as
Lessor designates with transportation costs to be prepaid by Lessee; and in addition, Lessee will, on request from Lessor, obtain from
the Equipment manufacturer (or other maintenance service supplier previously approved by Lessor) a certificate stating that the Equip-
ment qualifies for continued maintenance service at the standard rates and terms then in effect.
11. USE; MAINTENANCE; EXTENSIONS; ALTERATIONS: (a) Lessee, at its expense, shall make all necessary site preparations and
cause the Equipment to be operated in accordance with any applicable manufacturer's manuals or instructions. Notwithstanding an,
transfer or assignment by Lessor and provided Lessee is not in default hereunder, Lessee shall have the right to quietly possess ani
use the Equipment as provided herein without interference by Lessor, its assigns or any other third party claiming through or under
Lessor; provided, however, if a Vendor under the terms of its Vendor Agreement (as such terms are defined in Section 18) gives notice
of its intent to remove Equipment or Software (due to patent, copyright or other infringement concerns), then this Lease shall terminate
as to such Equipment or Software upon its removal, and neither Lessor nor Lessee shall have any further obligation with respect to
the lease of such items (except with respect to Lease Payments or other claims which accrued prior to such termination).
Lessee shall effect and bear the expense of all necessary repair, maintenance, operation and replacements required to be made
maintain the Equipment in good condition, reasonable wear and tear excepted, and to comply with all domestic and international
laws to which the use and operation of the Equipment may be or become subject. Such obligations shall extend to repair or replacement
of any partial loss or damage to items of Equipment, regardless of the cause of such loss or damage. Lessee shall obtain and keep
in effect, at all times during the Term (and any renewal or extension thereof), maintenance service contracts covering the Equipment
with suppliers of maintenance services approved by Lessor, such approval not to be unreasonably withheld. All replacement Equipment
and parts furnished in connection with such maintenance or repair shall immediately become the property of Lessor and part of the
Equipment for all purposes hereof. All such maintenance, repair and replacement services shall be immediately paid for and discharged
by Lessee with the result that no lien under any applicable laws will attach to the Equipment as a result of the performance of such
services or the provision of any such material.
(c) At the expiration of the Term, upon notice given by Lessee at least ninety (90) days prior thereto, (i) this Lease shall be extended
or renewed under the terms and conditions set forth herein for a period and rental amount to be agreed, or (ii) if no such agreement
is reached or such notice specifies retum of the Equipment, then Lessee shall retum the Equipment in the manner and condition prescribed
in Paragraph 10. In the absence of any notice as permitted by the preceding sentence, the Lease shall be automatically extended on
a month-to-month basis, until terminated (upon notice by either party given at least ninety (90) days prior to the end of the month on
which the termination is to be effective) or until extended or renewed by agreement of the parties. Unless otherwise agreed, Lessee
shall continue to pay rent (equal to the last monthly Lease Payment) for each month following the Term, until the Equipment is returned
pursuant to Paragraph 10.
(d) Lessee shall not make any alterations, additions, modifications or attachments to the Equipment without the prior written consent
of Lessor.
12. LOSS OR DAMAGE: If any items of Equipment shall become lost, stolen, destroyed or damaged beyond repair for any reason,
or in the event of condemnation, confiscation, seizure or requisition of title to or use of such items, Lessee shall promptly pay to Lessor
the applicable Stipulated Loss Value (if any) for this Lease; and in the absence of such Stipulated Loss Value, Lessee shall pay the
aggregate unpaid Unit Rental Payments for the full, remaining Term for such items of Equipment plus the Equipment's fair market value
at the expiration of the Term, as estimated by Lessor, less the net amount of the recovery, if any, received by Lessor from insurance
or otherwise for such Toss or damage. Upon payment by Lessee as aforesaid, Lessor will transfer to Lessee, without recourse or warran-
ty, all of Lessor's right, title and interest, if any, in such items of Equipment.
13. TITLE, LOCATION AND INSPECTION: Lessor and Lessee agree that the Equipment is and shall remain Lessor's personal property
fen though it may become attached or affixed to realty, and title thereto shall remain in the Lessor exclusively. Lessor may require
gates or markings to be affixed to or placed on the Equipment to indicate Lessor's ownership. LESSEE SHALL NOT SELL, ASSIGN,
SUBLET, GRANT A SECURITY INTEREST IN, PLEDGE, HYPOTHECATE OR OTHERWISE ENCUMBER OR SUFFER A LIEN UPON
OR AGAINST THIS LEASE OR THE EQUIPMENT LEASED HEREUNDER AND ANY SUCH ATTEMPT, WITHOUT LESSOR'S PRIOR
WRITTEN CONSENT, SHALL BE NULL AND VOID. Lessee shall not remove any Equipment from its installation site without Lessor's
prior written consent. Lessor shall have the right to inspect the Equipment and observe its use upon reasonable notice of its intention
to so inspect.
14. FURTHER ASSURANCES: If requested by Lessor, Lessee shall promptly secure, execute and/or deliver to Lessor such further
documents (including but not limited to financing statements) and take such further action as Lessor shall deem necessary or desirable
to carry out the intent and purpose of this Lease and to protect Lessor's interest in the Equipment. Lessee herein grants Lessor the
right to file financing statements under the Uniform Commercial Code, as amended, with regard to Equipment leased hereunder, and
where allowed by law, authorizes Lessor to make such filings without Lessee's signature. Lessee agrees to provide Lessor with updated
financial statements upon request.
15. LESSEE'S REPRESENTATIONS, WARRANTIES AND WAIVERS: (a) Upon execution of the Master Lease and each Equipment
Schedule, Lessee warrants and represents the following: (i) Lessee has full power and authority and all necessary licenses and permits
to carry on its business as presently conducted, to own or hold under lease its properties and to enter into this Master Lease and each
Equipment Schedule and to perform its obligations thereunder; (ii) the execution and delivery by Lessee of this Master Lease and each
Equipment Schedule and the performance by Lessee of its obligations thereunder have been duly authorized and approved and do
not and will not contravene the provisions of or constitute a default (either with or without notice or laspe of time, or both) under any
indenture, mortgage, contract or other instrument to which Lesses is a party or result in a lien upon the Equipment or any of Lessee's
assets; (iii) this Master Lease and each Equipment Schedule, when executed by Lessee, constitute legal, valid and binding agreements
of Lessee enforceable against Lessee in accordance with their terms; (iv) there are no actions, suits or proceedings pending or threaten-
ed against Lessee or any property of Lessee which, if adversely determined, would materially adversely affect the business, financial
condition, assets, or operations of Lessee; and (v) Lessee has not taken and will not take any action or maintain any position inconsistent
with treating each Lease as creating a valid leasehold interest in the related Equipment.
(b) To the extent permitted by applicable law, Lessee hereby waives any and all rights and remedies to: (i) cancel this Lease; (ii) repudiate
this Lease; (iii) revoke acceptance of the Equipment; (iv) reject the Equipment; (v) recover damages from Lessor for any breaches of
warranty or for any other reason; (vi) claim a security interest in the Equipment in Lessee's possession or control for any reason; (vii)
deduct from Lease Payments all or any part of any claimed damages resulting from Lessor's breach of obligations, if any, under this
ease; (viii) accept partial delivery of the Equipment; (ix) "cover" by making any purchase or lease of or contract to purchase or lease
uipment in substitution for Equipment designated in the Lease; (x) recover any direct, general, special, incidental, indirect or conse-
quential damages, for any reason whatsoever; and (xi) obtain specific performance, replevin, detinue, sequestration, claim and delivery
or the like for any Equipment identified to this Lease. To the extent permitted by applicable law, Lessee also hereby waives any rights
now or hereafter conferred by statute or otherwise which may require Lessor to sell, lease or otherwise use any Equipment in mitigation
of Lessor's damages or which may otherwise limit or modify any of Lessor's rights or remedies.
4
16. INDEMNIFICATION: Lessee hereby assumes liability for, and shall pay when due, and shall indemnify and defend Lessor against,
any and all liabilities, losses, damages, claims and expenses (including reasonable attorney fees) in any way relating to or arising out
of this Master Lease, any Equipment Schedule or any items of Equipment, including without limitation the manufacture, purchase, ownership,
shipment, transportation, delivery, installation, leasing, possession, use, operation, storage and return of such Equipment. Lessee shall
give Lessor prompt notice of any occurrence, event or condition in connection with which Lessor may be entitled to indemnification
hereunder. Lessee hereby expressly assumes liability for and agrees to indemnify and defend and hold Lessor harmless from and against
any breach by Lessee of any representation, warranty or covenant made by Lessee herein and in connection therewith to pay and reim-
burse Lessor for the payment of any and all expenses, including reasonable attorneys fees incurred by Lessor in connection with or
as the result of any breach. The provisions of this Paragraph 16 are in addition to, and not in limitation of, the other provisions of this
Lease. The indemnities contained herein shall survive the expiration of the Term of the Lease.
17. MISCELLANEOUS: Any provision of this Lease which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective
to the extent of such prohibition or unenforceability without invalidating the remaing provisions thereof unless such ineffectiveness im-
pairs the basic intent of the Lease in the opinion of Lessor. This Lease supersedes all prior agreements and understandings relating
to the Equipment and constitutes the entire agreement between the parties with respect thereto. No modifications or amendments of
this Lease shall be binding unless made in writing and duly executed by Lessor and Lessee. Any notices or demands permitted or
required to be given herein shall be deemed given when deposited in the United States mail, first class postage prepaid, to the ad-
dresses herein set forth, or to such other address as the parties may hereafter substitute by written notice given in the manner prescrib-
ed in this paragraph.,Time is of the essence with respect to the Lease. The captions set forth therein are for convenience only and
shall not define or limit any terms hereof. This Lease shall in all respects be governed by and construed in accordance with the laws
of the Commonwealth of Massachusetts. Nothing contained herein is to be construed as approval of Lessee's credit by Lessor. This
Equipment Lease is not valid until both credit approval has been granted by Lessor and this Equipment Lease has been duly executed
by Lessor.
18. VENDOR LICENSE, WARRANTY AND INDEMNITY; SOFTWARE: (a) Attached hereto as Exhibit A is a Vendor License, Warranty
and Indemnity (the "Vendor Agreement"). When signed by Lessee and Prime Computer, Inc. ("Vendor"), the Vendor Agreement is
a separate and independent contract from this Lease; and Lessee's compliance with the terms of this Lease is not subject to or condi-
tioned upon any occurrence, event or performance under the Vendor Agreement. Vendor has no rights, duties, obligations or liabilities
under this Lease, and Lessee has no claims against Vendor hereunder. Similarly, Lessor has no rights, duties, obligations or liabilities
under the Vendor Agreement; and Lessee has no claims against Lessor thereunder. The provisions of this Section 18 also apply to
any other license, warranty and indemnity agreements which are executed by Lessee with a supplier of Equipment or Software and
attached hereto as an Exhibit.
(b) All Software (whether described in the Equipment Schedule or not) is subject to separate licenses contained in the Vendor Agree-
ment or otherwise; and Lessee's only obligation for the Software under the Lease is to pay to Lessor any amounts set forth on the
Equipment Schedule with respect to the Software.
In Witness Whereof, the Lessor and Lessee have hereunto set their respective hands as of the date first set forth above.
LESSEE
City of Yakima, Washington
Name
(Auth. Signature)
(Print or Type)
Title
CO -LESSEE
By
(Auth. Signature)
Name
(Print or Type)
Title
REV. 05/91
LESSOR
Primetec Leasing, Inc.
By
Name
Title
Fed. ID. No. 84 714 6320
(Auth. Signature)
(Print or Type)
BI -67726
Addendum to ("the Agreement")
Primetec Leasing, Inc.
as seller or lessor. ("Primetec")
and _ci tyt Y_ajrn ____ as buyer or lessee ("Buyer/Lessee")
In discharge of its obligation to maintain a register of
assignments of this Agreement, Buyer/Lessee hereby appoints
Primetec its agent, for purposes of maintaining complete and
accurate records of the name and address of all assignees or
subsequent assignees of all or any of Primetec's right, title
and interest herein. Primetec or its assignee shall maintain
such records in accordance with Section 149 (a) of the
Internal Revenue Code of 1986, as amended from time to time
and regulations from time to time promulgated thereunder. No
assignment or reassignment of any of Primetec's right, title or
interest in the above -referenced Agreement shall be effective
unless and untilPrimetecor its assignee disclosing the name
and address of each such assignee. No further action will be
required byPrimetec or Buyer/Lessee to evidence the assignment,
but eitherPrimetecor Buyer/Lessee will acknowledge such
assignment in writing if so requested by the other party.
Buyer/Lessee: Seller/Lessor:
Ci ty_Qf Ys3�S]JIItL._J�ashixu�i:nli
Title:
Primetec Leasing, Inc.
By:
Title:
Date: Date:
PTRIMETEC;
PAGE 1 of 3 PAGES
Primetec Leasing, inc.
A Lwetec CompMr
1 New Bork Avenue
Framingham, MA 01701
SCHEDULE A - SYSTEM
EQUIPMENT SCHEDULE NO. 10 EQUIPMENT LEASE NO. ____
GATED 119 , BETWEEN THE UNDERSIGNED PARTIES.
Lessor Primetec Leasing, kic. (herein called "Lllasor")
Address: 1 New York Avenue, Ftw nphm , MA 1)1701
Leasee: -Of iakima . WathinTillP (Wein called "Leasee")
sueireua Address: 179 N Se and Street
Yakima WA 98901
1. EQUIPMENT: The I6quipnent to which this &Mari alt Schedule relates is shown beim and on any oonmartion sheets attached MltI.
9:. TERM: The term d the Lease with mooed to Equipment specified herein shall be bra period of SEILESty- rn (72ionth$
commencing upon the Leese Commencement Cate for such Equipment.
L LEASE PAYMENTS: The Lease Payments duo shall be payable in equal installments
of S1(19�70� L__ per 'The flit )aset7wkx 1.x xxxv v.iterX11xv'ULXYVII ease Payments
(and payment for any partial month at the commencement of the lease) an due upon a escution of die Equipment Schedule. The valance
of the Lease Payments shat) be paid on the teal day of each consecutive more thereafter until ail payments have been made.
4. EQUIPMENT LOCATION: (if different from Lewes's Business Address shown above)
Street. City-
County.
iyCounty
Stale.
IS. TERMS AND CONDITIONS: The barns and conditions of the above-rsbrmuaed Equipment Lease are inoorporalsd Main. In addition,
the following attachments apply ID this Equipment Schedule onty. Cnamonrompnt of thie Srherluln eha11 aninririe
with the termination of Lease 04007-00. 4007-01 and 4007-02. This Schedule shall cow=
on 4/1/92.
QUANTITY TYPE NO.
01
01
02
04
05
02
03
01
01
01
01
01
03
36
01
09
01
02
PAGE 1 of
UG65/66
75500-5x8
7210M-4
KIT6996-002
CRO6P-D
CRD6P-D
CRO6P-C
4601PK1
CRO P -T
KIT4590M
KIT2294M
LTS350-64
JCBL350-001
84565 -US
CRLTS300
LTS-8MM-50
KIT2294M
3 PAGES
EQUIPMENT CONFIGURATION
DESCRIPTION
-Prime 65/6650 Computer System with 64MB memory.
-Six-Pack SCSI Disk System.
-SCSI II Host Adapters.
-SCSI Bus Cable Kit.
-Credit for returned 817MB disk drives.
-Credit for returned 496MB disk drives.
-Credit for returned disk controllers.
-5 Giga Byte Tape Drive.
-Credit for returned 2 GB tape drive.
-SCSI Tape controller.
-Tri density tape drive installation kit.
-URC installation kit.
•.64 port LTS350.
-Telco to DB25 fan out cable.
•.LMT300 Multiport Transceiver.
-Credit for LTS300.
••LT5325/350 Terminal Server Software.
-LAN Host Controller installation kit.
LESSEE
City of Yaka ima. Washinoton
CD -
Oat a+prnur.)
Tide
CO.LESSEE
By
Name
Title
(PRIME11 C.LESI
O'r+ti w TM)
(aueh. measure)
t►r eu sr
LESSOR
Prknetec Leming, be..
BY
ton+ Segment)
Name
VIM er 7p )
The
LESSOR'S EXECUTED COPY
8167749
PAGE 2 of 3 PAGES
QUANTITY TYPE NO.
01 8548-P6
01 CR8548-P4
01 8556-P6S
01 CR8556-P4
01 8543-P6S
01 CR8543-P4
01 8544 -SM
01 8505-P6S
01 CR8505-P4
01 8090-P6
01 8549=P6
01 8515-P
01 8510-P6S
01 CR8510-P4
01 8525-P
01 UG65/66
01 75500-6PK
04 4732PK1
02 7210G aMM
04 KIT6996-002
02 CR06P-D
04 CR06P-D
02 CR06P-C
01 4601PK1
01 CR06P-T
01 @AOir1 t.
03 LTS350-64
36 CBL350-001
02 KIT2294M
01 8505-P6S
01 CR8505-P4
01 9310US-P6
01 CR9310US-P4
01 8090-P6
01 8515-P
01 8525-P
01 4050-37C
01 84520G
01 8440-P2S
05 84541 -US
01 84565 -US
01 8505-P2S
01 8490-P2
08 CBL10671-002
01 CBL10671-008
03 84520FP
02 45955
01 4864G
02 iwfid2-Sr8
02 57355
10 CLAC304
01 5242F
01 CLAC808
08 CLAC204
04 CLAC204FP
PAGE 2 of 3Pages
EQUIPMENT CONFIGURATION
QESCRtPTION
-FORMS.
-Credit for FORMS.
-MIDASPLUS.
- Credit for MIDASPLUS.
-COBOL 85 Compiler and Run Time Libraries.
-Credit for COBOL 85.
- COBOL 74 to 85 Converter.
-Prime INFORMATION.
-Credit for Prime INFORMATION.
-TCP/IP License.
- C Compiler.
-FORTRAN 66 Compiler.
-FORTRAN 77 Compiler.
-Credit for FORTRAN 77.
-BASIC Interpreter.
-Prime 65/6650 Computer System with 64MB memory.
-Six pack SCSI Disk System.
-1.34GB SCSI disks.
- SCSI II Host Adaptors.
-SCSI Bus Cable kit.
- Credit for returned 817MB disk drives.
-Credit for returned 496MB disk drives.
-Credit for Intelligent disk controllers.
- 5 Giga Byte tape drive.
-Credit for returned 2 GB tape drive.
-Credit for SCSI Tape Controller.
- 64 port LTS350.
-Telco to DB25 Fan -out cable.
-LAN Host Controller Installation Kit.
- Prime INFORtMATION.
-Credit for Prime INFORMATION.
-PRIMEWORD.
-Credit for PRIMEWORD.
-TCP/IP License.
-FORTRAN 66 Compiler.
-BASIC Interpreter.
-Prime 4050 Computer System with 16MB, 817M8 disk and console.
-LHC300.
-PRIMENET.
-LTS300.
-LMT300.
-Prime INFORMATION.
-NTS.
-5 meter Teflon drop cable.
-6 meter Teflon LTS200 Cascade.
-LHC300.
-Left side Helical Scan Tape Subsystem.
- Two 817MB disk drives with controller.
-8MB memory.
-ICS3 Communications subsystem.
-ICS3 Communications line adapter card.
-ICS2 Communications controller.
-Capacity Extender.
-ICS2 Communications line adapter card.
-ICS2 Communications line adapter card.
LESSEE
City of Yakima, Washington
gawk aE waiew)
Name
Pas r Ve•)
TMs
CO -LESSEE
By
troan. Signature)
Nam
mh•aarrw)
TMia
LESSOR
Primo c Leming, lne.
SY
WM. arra..)
Nano
pear - Now
TNN
PAGE 3 of 3 PAGES EOUIPMENT CONFIGURATION
QUANTITY TYPE NO. DESCRIPTION
01 8505 -PF -Prime INFORMATION.
01 4735S -Left 496MB FMD.
01 4738S -Right 496MB FMD.
01 45905 -Tri density GCR tape subsystem.
O1 MMW2-8MB -8MB memory.
02 57355 -ICS3 Communications controller.
14 CLAC304 -ICS3 Communications line adapter card.
01 PST100 -System console.
01 8505 -PAS -Prime INFORMATION.
02 4735S -Left 496MB FMD.
02 4738S -Right 496MB FMD.
02 3126F -300 LPM Dot Matrix Printer.
01 58444XP-CalComp Microstatic Plotter with 50MB of disk memory.
01 SUN -SPARCstation IPX workstation with 16" color monitor, GX
graphics, 16MB memory, 207!7B SCSI Internal Hard Drive, and
1.44MB Internal floppy disk drive.
01 SUN -16MB memory expansion module.
01 SUN -1.3 GB SCSI external disk drive.
01 X669 -2.3 GB Sam tape drive.
02 -Adapter cable.
04 SUN -OS manuals with binders.
01 SUN -OS Right to Use License.
01 ESRI -ARC/INFO Single User License.
01 ESRI -TIN Single User License.
01 ESRI -COLO Single User License.
01 ESRI -Network Single User License.
01 -UPS/SPS System from Knobel's License.
04 KIT84520M -Kit to mount LHC300.
06 KIT7210M -Kit for Prime SCSI -2.
END OF EQUIPMENT CONFIGURATION
PAGE 3 of 3 PAGES
1UEE LEISOR
City of Yakima, Washington
C
WA. agrrture)
PPmr I.e L. MNp,
BY
(MIK IIlignalime)
Nano_ Nash -- Prim Irral
Prird et 1,0*
-
1Raa
CO -LESSEE
By
Warns
Ties
(.'i* =prWurn)
(Print or "4914
IPRIMFTFC1 Fq1 1 CCCr1O°C Fv rirTC11 int -ow
PLEASE TYPE FORM —W AN ERROR t$ MADE, CORRECT ALL COPIES
This UCC -1 FINANCING STATEMENT is presented for filing pursuant to the WASHINGTON UNIFORM COMMERCIAL CODE, chapter 62A.9 RCW, to perfect a security in-
terest in the below named collateral.
Filing fee .... $7.00 Filing with attachment fee . $14.00
1. DEBTOR(S1 Moe instruction /2/ Debtor 1
8 PERSONAL last, first, middle name and address) SSN.
BUSINESS Owl business name and addmss) FEIN.
;ity of Yakima, Washi ngtoDebtor
nssN
2
129 N. Second Street FEIN
Yakima, WA 98901
TRADE NAME, DBA, AKA.
2. FOR OFFICE USE ONLY—DO NOT WRITE IN THIS BOX
3. SECURED PARTYBES) (name and address)
EPrimetec Leasing, Inc.
One New York Ave.
Framingham, MA 01701
L 1
4. ASSIGNEE(S) of SECURED PARTY(IES) if applicable
(name and address)
5. CHECK ONLY IF APPLICABLE: (For definitions of TRANSMITTING UTILITY AND PRODUCTS OF COLLATERAL. sae instruction sheet.)
0 Debtor is a Transmitting Utility laProducts of Collateral are also covered
6. NUMBER OF ADDITIONAL SHEETS PRESENTED.
7. THIS FINANCING STATEMENT covers the following collateral: (Attach additional 8Si" x 11" sheet(s) if needed.)
This is a security interest filing relating to a tax-exemp lease for Prime Computer Systems
(2 65/6650's, one SPARC, and 1 4050) located at 129 N. Second Street, Yakima, W A 98901.
Included but not limited to all replacements, parts, repairs, additions and attachments
incorporated therein or affixed thereto now or hereafter acquired.
8. RETURN ACKNOWLEDGMENT COPY TO: (name and address)
Primetec Leasing, Inc.
1 New York Ave., MS 9-34
Framingham, MA 01701
L J
9. FILE WITH:
UNIFORM COMMERCIAL CODE
DEPARTMENT OF LICENSING
P.O. sox sseo
OLYMPIA. WA 68804-6007
MAKE CHECKS PAYABLE TO THE
DEPARTMENT OF UCENSING
10. FOR OFFICE USE ONLY IMAGES TO
BE FILMED
11. 11 collateral is described below, this statement may be signed by the Secured Party instead of the Debtor. Pease check the appropriate box, complete the adjacent lines
and box 13, if collateral is:
a. 0 already subject to a security interest in another jurisdiction when it was brought into this state
or when the debtor's location was changed to this state. (complete adjacent lines 1 and 2)
IN 0 proceeds of the original collateral described above in which a security interest was
perfected. (complete adjacent lines 1 and 2)
c. listed on a filing which has lapsed. (compiere adjacent lines 1 and 2)
d. acquired after a change of name, identity. or corporate structure of the debtor(s).
(complete adjacent lines 1, 2 and 3)
1.
2.
3.
FORMER NAME OF DEBTORS)
ORIGINAL FILING NUMBER
FILING OFFICE WHERE FILED
12. DEBTOR NAME(S) AND SIGNATURE(S):
City of Yakima, Washington
TYPE NAMES) OF DEBTORIS) AS IT APPEARS IN BOX 1.
v
SIGNATUREIS) OF DEBTORIS)
SIGNATURE IS) OF DEBTOR ISI
COPY 1 • FILING OFFICE
13. SECURED PARTY NAME(S) AND SIGNATURE(S) ARE REQUIRED IF BOX 11 HAS
BEEN COMPLETED.
Primetec Leasing, Inc
TYPE NAMEISI OF SECURED PARTYIIESI AS IT APPEARS IN BOX 3 OR 4.
SIGNATURES) OF SECURED P4RTYIIES)
SIGNATURE() OF SECURED PARTYIIESI
FORM APPROVED FOR USE IN THE STATE OF WASHINGTON (R/10/89)
WASHINGTON UCC -1
Addendum to ("the Agreement")
between :PRIMETEC LEASING, Inc.
as seller or lessor ("Primetec")
and City of Yakima as buyer or lessee ("Buyer/Lessee")
Essential Use Confirmation
This confirms and affirms that the Equipment described in the
Master Lease Purchase Agreement dated
(the "Agreement") is.Lessential to the LuAption 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 is
not temporary or expected to diminish in the foreseeable
future. Such Equipment will be used by us only for .the
purpose of performing one or more of our governmental or
proprietary functions consistent with the permissible scope of
our authority. Specifically, such Equipment was selected by
us to be used as follows:
Gener, l gc ni.iil, yeAlta_prac£ssi.ng., lthrary functions., pal.ire_and ire
-...de3arlment...schedulltagr_racands.keeiltag,
The estimated useful life of such Equipment based upon
manufacturer's representations and our -projected need is
. Our source of funds
for payments of the rent due under the Agreement for the
current fiscal year is _-Ileneral-Fund. 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:
The services_erovi ded thrQ hne.JL4i'_Uf the_.s,ystem_ar_PsspR a]._to_
the continued succgu fJ gaerliiian..af_tb.e...it,
Ci ty_ of Yakima„ itinatQa
Title:
Date:
Fenn 8038-0
(Rev. October 1989)
Department of the Treasury
Internal Revenue Service
Information Return for Tax•Exempt Governmental Obligations
a,Under Section 149(s)
►Set separate Instructions
(Use Form 8038 -GC if the issue price is under $100.000)
OMB No.1545-0720
Eget 5-31-92
Part 1 Reporting Authority Check box if Amended Return ► 0
1 issuer's name
City of Yakima, Washington
2 issuer's employer identification number
3 Number and street4
129 N. Second Street
Repoli number
G19 -
5 City or town, state. and ZIP code
Yakima, WA 98901
6 Oats of issue
7 Name of Issue
•
•
6 CUSIP Number
Part II
ype of Issue (check box(es) that applies and enter the issue Price)
9 Check box if obligations are tax or other revenue anticipation bonds ► 0
Check box if obligations are in the form of a lease or installment sale ►
0 Education
10
11
12 0 Hearth and hospital
13 0 Transportation
14 0 Public safety
15 0 Environment (including sewage bonds)
16 0 Housing
17 0 Utilities
18 0 Other. Describe (see Instructions) b•
City administration
blue price
8
947 &x63-.00
Description of Obligations
(a) (b)
Maturity date Interest rate
(H
Issue price
(d)
Stated redemption
price at maturity
(a)
Worded
avers: tutu'
(8
Yield , .
(n
Net interest
cost
19 Final maturity 96
20 Entire issue . M//////f/////%/ ////! /////// ,
Uses of Original Proceeds of Bond Issues (including underwriters' discount)
Part 1V
21
22 Issue price of entire issue (enter line 20c)
23 Proceeds used for bond issuance costs (including underwriters' discount) .
24 Proceeds used for credit enhancement
25 Proceeds allocated to reasonably required reserve or replacement fund .
26 Proceeds used to refund prior issues
27 Total (add lines 23, 24, 25, and 26)
28
years
96
4
Proceeds used for accrued interest
23
24
25
26
Nonrefunding proceeds of the issue (subtract line 27 from line 22 and enter amount here)
21
22
27
28
Part V
Description of Refunded Bonds (complete this part only for refunding bonds)
29 Enter the remaining weighted average maturity of the bonds to be refunded ►
30 Enter the last date on which the refunded bonds will be called ►
31 Enter the date(s) the refunded bonds were issued S.
IEZM Miscellaneous
32 Enter the amount of the state volume cap allocated to the issue O.
33 Enter the amount of the bonds designated by the issuer under section 265000j(B)(i)(Il) (small
issuer exception) ►
34 Pooled financings:
a Enter the amount of the proceeds of this issue that are to be used to make bans to other governmental units ►
b Check box if this issue is a loan made from the proceeds of another tax-exempt issue ► 0 and enter the name of the
issuer ► and the date of the issue ►
Under pension of periury. I decors matt bare examined to return and accompanying schedules and atstsmentt, and to the best of my knowle las and belief.
they are true. cant, and complete.
years
Please
Sign
Here
,nature of officer Date Type orprint name and tide
For Paperwork Reduction Act Notice. see page 1 of the Instructions.
Form 8038-G (Rev 10-119)
*o.a. *securest Matta' Office, tHe-244-1Stre10%
PRIMETEC
EQUIPMENT LEASE NO
Primetec Leasing, Inc.
A Leasetec Company
1 New York Avenue
Framingham, MA 01701
SCHEDULE B
DELIVERY AND ACCEPTANCE CERTIFICATE
EQUIPMENT SCHEDULE NO.
DATED , 19 ,
Lessor: Primetec Leasing, Inc.
Address: 1 New York Avenue, Framingham, MA 01701
Lessee: City of Yakima, Washington
129 North Spcnnd Street
Yakima , WA_98901
Equipment Location: SAIF
The undersigned hereby certifies that all Equipment/Software described in the above -referenced Equipment Schedule has been fully
delivered and is installed and ready for use on , 19 (the "Lease Commencement Date")
and that the Equipment/Software has been inspected by Lessee and is unconditionally accepted as satisfactory under the terms of
the Lease.
The undersigned agrees that its obligation to pay Lease Payments in accordance with the Equipment Schedule commences on the
Lease Commencement Date, and hereby authorizes Lessor to pay any and all invoices due for purchase of said Equipment/Software.
First Payment to Commence 4/1/92.
LESSEE
City of Yakima, Washington
Name
(Auth. Signature)
(Print or Type)
Title
BI -67752
Addendum to (the Agreement")
between Primetec Leasing, Inc.
as seller or lessor (1*cri„.t.e)
and City_Qtj j ____ as buyer or lessee ("Buyer/Lessee")
I , the,, of
('the "Lessee"), am duly
charged with the authority for executing that certain Master
Lease Purchase Agreement dated as of
by and betewen Lessee and gpimetec.4.944i491_ -,
(the"Lessor") (the "Lease") and do hereby certify as follows
1. This Certificate with respect to qualified tax-exempt
obligations (the 'Certificate') is executed for the
purpose of establishing that the Lease has been
designated by Lessee as a qualified tax-exempt
obligation of Lessee for purposes of
Section 265 (b) (3) (B) (ii) of the Internal Revenue
Code of 1966, as amended.
2. Lessee is a political subdivision of the State of
Yast in.gtaa and was in existence on
October 23, 1985.
3. The Lease is being issued by Lessee in calendar year
1991.
4. No portion of the gross proceeds of the Lease will be
used to make or finance loans to persons other than
governmental units or be used in any trade or
business carried on by any person other than a
governmental unit.
5. The Lease is issed to provide financing as a
qualified project bond within the meaning of the Code
6. Including the Lease herein so designated, Lessee has
not designated sore than $10,000,000 of obligations
issued during calendar year as qualifed
tax-exempt obligations.
7. Lessee reasonably anticipates that the total amount
of qualified tax-exempt obligations to be issued by
lessee during calendar year will not exceed
$10,000,000.
8. This certificate is based on facts and circumstances
in existence on this date.
City of)Fakima, Washington
Signatures
Name:
Title:
PRIMETEC;
Primetec Leasing, Inc.
A Leasetec Company
1 New York Avenue
Framingham, MA 01701
NON -APPROPRIATION TERMINATION RIDER
This Non -Appropriation Termination Rider ("Rider") is incorporated in and made a part of the Equipment Lease (Master Terms and
Conditions) No. dated __ , 19 , between Primetec Leasing, Inc.,
("Lessor")and City of Yakima, Washin ton ("Lessee").
Except as expressly provided herein,the terms and conditions of the Lease shall remain in full force and effect. In the event of conflict
between the provisions of the Lease and this Rider, the Rider will prevail.
Lessor and Lessee clo hereby acknowledge and agree that each Lease of Equipment is for a firm Term as set forth in any Equipment
Schedule now or hereafter executed between Lessee and Lessor. However, by virtue of this Rider and notwithstanding anything con-
tained in this Lease to the contrary Lessee may, by written notice given at least thirty (30) days prior to the last day of any fiscal year,
terminate a Lease, without penalty or liability, at the end of such fiscal year if all the following have occurred:
(a) Funds are not appropriated during such current fiscal year for the following fiscal year during the Term of this Lease for the acquisition
of services and functions which are, in whole or material part, the same or substitute services and functions for the !performance of
which the Equipment was leased; and
(b) Such nonappropriation of funds did not result from any act of failure to act of Lessee; and
(c) Lessee has exhausted all funds legally available for alt payments due under this Lease; and
(d) There is no other legal procedure by which payment can be made to Lessor.
M the event of such early termination by Lessee, Lessor shall remain entitled to all Lease Payments and other sums due and owit
for any previous fiscal year(s) and for the current fiscal year during which notice is given and for the return of the Equipment as provided
in Paragraph 10 of the Equipment Lease.
Capitalized terms used herein shall, unless otherwise expressly indicated, have the meanings set forth in the Equipment Lease.
LESSEE
City of Yakima, Washington
Name
Title
(Auth. Signature)
(Print or Type)
CO -LESSEE
By
Name
Title
(Auth. Signature)
(Print or Type)
LESSOR
Primetec Leasing, Inc.
By
Name
Title
(Auth. Signature)
(Print or Type)
BI -67750
PRIMETEC
Primetec Leasing, Inc.
A Leasetec Company
1 New York Avenue
Framingham, MA 01701
FIXED PRICE PURCHASE OPTION RIDER
This Fixed price Purchase Option Rider ("Rider") is incorporated in and made a part of Equipment Schedule No
to Equipment Lease No. , dated , 19 , between Primetec Leasing, Inc.,
("Lessor") and City of Yakima, Washington
("Lessee").
Except as expressly provided herein, the terms and conditions of the Lease shall remain in full force and effect. in the event of conflict
between the provisions of the Lease and this Rider, the Rider will prevail.
1. Lessor hereby grants to the Lessee, a nonassignable irrevocable option to purchase all, but not less than all, of the Equipment listed
in the aforementioned Equipment Schedule free and clear of all liens or encumbrances arising from any act on the part of the Lessor
for the sum of $ 1.00 at the end of the Lease term, provided that the Lessee shall notify the Lessor in writing at least
ninety (90) days prior to the expiration of the Lease of its intention to exercise said option and upon further condition that the Lessee
is not then in default under any of the terms, covenants, or conditions of said Lease or any other obligations or indebtedness to the Lessor.
2. The option does not include licenses for any software. Such licenses must be separately obtained from the software licensor; provid-
ed, however, such licenses for operating system software included on the above -referenced Equipment Schedule shall be provided at
no additional charge.
L Lessee acknowledges that the above purchase price excludes any and all state and local taxes, and Lessee agrees that it shall be
responsible for the payment of any and all state and local taxes due and owing or thereafter levied or assessed on the Equipment,
its lease or purchase.
4. The purchase of Equipment under the option is on an AS -IS, WHERE -IS BASIS, WITHOUT WARRANTY, EXPRESS OR IMPLIED,
OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PAR-
TICULAR PURPOSE.
5. This purchase option price shall be paid not later than (i) the last day of the Term, or (ii) 30 days after Lessor's invoice therefor, whichever
occurs last.
LESSEE LESSOR
Primetec Leasing, Inc.
City of Yakim .,._Wat..iagton By
(Auth. Signature)
(Auth. Signature)
Name
(Print or Type)
Title
CO -LESSEE
Name
(Print or Type)
Title
By
(Auth. Signature)
Name
(Print or Type)
Title Bl -68373
Primetec Leasing, Inc.
1 New York Ave.
Framingham, MA 01701
A CSTIZATION RIDER
This Amortization Rider ("Rider") is incorporated in and made a part
of Schedule A., No. to the Lease agreement between Primetec
Leasing, Inc. ("LESSOR") and City of Yakima, Washington ("LESSEE")
accepted by Seller as of , 1992.
Except as provided herein, the terms and conditions of the Lease
agreement shall remain in full force and effect. In the event of conflict
between the provisions of the Lease Agreement and this Rider, the Lease
will prevail.
By virtue of this Rider and notwithstanding anything in the Lease
Agreement to the contrary, Lessor and Lessee do hereby acknowledge and
agree that the Schedule below correctly reflects the amortization of the
payments due under this Schedule A:
Pnrts Monthly Remaining
Paid Payment Interest Principal Balance
SEE ATTACHED SCHEDULE
LESSEE: LESSOR: Prinetec Leasing, Inc.
City of Yakima, Washington
CR) By:
Title: Title:
Date:
Date:
FROM PRIME COMP BELLuuE (FRI)83.28.'92 16184
$947,633.00
Cate
1
1993
1994
.1995
1996
1997
2 April
3*April
4 April
5 :April
6 April
Totals
1,
1,
1,
1,
1,
1,
CITY OF YAKIMA
Pave nt Amount
20.2, 793.00
202,793.00
202,793.00
202,793.00
202,793.00
202,793.00
$1,216,758.00
Interest
.00
83,783.44
70,396.64
55,504.01
38,936.18
20,504.73
269,125.00
Pr nc
93.
119,009.56
132,396.36
147,288.99
163,856.82
182,288.27
947,633.00
NO.29 PAGE r
f
1
Page 1
Stipulated
Loses Value'
Balance i
$854,237.89
702,699.16
542,068.1.
371,799.20
191,314.15
0.00
PRIMETEC
Primetec Lear` 1, Inc.
A Leasetec C .)any
1 New York Av�'nue
Framingham, MA 01701
EQUIPMENT LEASE
(Master Terms and Conditions)
Lessor: Primetec Leasing, Inc. (hereinafter called "Lessor")
Address: 1 New York Avenue, Framingham, MA 01701
Lessee: City of Yakima, Washington
Address. 129 North Second Street, Yakima, WA 98901
Lessor and Lessee acknowledge and agree to the following:
TO COMPLETED BY
PR UEC ONLY
Lease #
4309
MARCH 27,1992
Date
(hereinafter called "Lessee")
1. LEASE: (a) Lessor hereby leases to Lessee and Lessee leases from Lessor the personal property described on the Equipment Schedules,
together with all replacements, parts, cables, repairs, additions and accessories incorporated therein or affixed thereto (collectively
hereinafter called the "Equipment")
(b) "Equipment Schedule" means any Schedule A in the form attached hereto (or as otherwise mutually agreed) with all the blanks
completed, signed by Lessor and Lessee and incorporating, by reference, the terms and provisions of this Equipment Lease ("Master
Lease") Each Equipment Schedule shall constitute a separate and independent lease (a "Lease"), the original of such Lease shall
consist of the manually -signed Equipment Schedule and a reprographic copy of the Master Lease. (Other capitalized terms used herein
shall mean and refer to the definitions set forth below or the corresponding items on the applicable Equipment Schedule.)
2. TERM: The Lease shall commence with respect to Equipment described on the Equipment Schedule upon the Lease Commence-
ment Date and shall continue for the Term, calculated from the first day of the month following the Lease Commencement Date. Unless
otherwise stated on the Equipment Schedule, "Lease Commencement Date" means the date upon which Equipment is delivered and
determined by Lessor or its designees to be ready for use at Lessee's location; and Lessee agrees to execute a Delivery and Acceptance
Certificate (in the form of Schedule B hereto) as of such date.
3. LEASE PAYMENTS: Lessee agrees to pay Lessor rent for the Equipment ("Lease Payments") as set forth in the applicable Equip-
ment Schedule, together with payment for any partial month at the commencement of the Lease. If the Lease Commencement Date
does not fall on the first day of a month, the payment for the partial month at the commencement of the Lease shall be a pro rata portion
of the Lease Payment, calculated on a 30 -day basis. (If Rental Payments are payable quarterly under the Equipment Schedule, the
references herein to "month" shall mean "quarter"; and the pro rata calculation under the preceding sentence shall be on a 90 -day
basis.) Each Lease shall be a net lease, and Lessee's obligation to pay all rent and other sums thereunder shall be absolute and uncon-
ditional, and shall not be subject to any abatement, reductions, set-off, defense, counterclaims, interruption, deferment or recoupment,
for any reason whatsoever. A charge on any Lease Payments or other sums due hereunder which are past due shall accrue at the
rate of 18% per annum, or if such rate exceeds the maximum rate allowed by law, then at such maximum rate, and shall be payable
on demand. The Lease may only be terminated as expressly provided herein.
4. WARRANTIES: Lessee acknowledges that it has made the selection of each item of Equipment and any software ("Software") sup-
plied with the Equipment, based upon its own judgement and expressly disclaims any reliance upon statements made by Lessor. If
the Equipment is new, Lessee has approved the terms of the purchase by Lessor from the Equipment supplier. LESSOR MAKES NO
EXPRESS OR IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE WITH
RESPECT TO THE EQUIPMENT AND SOFTWARE AND HEREBY DISCLAIMS THE SAME. Lessor shall have no liability for any damages,
whether direct or consequential, incurred by Lessee as a result of any defect or malfunction of the Equipment or Software. Lessor hereby
assigns to Lessee, for and during the Term, any warranty on the Equipment provided by the supplier.
5. INSURANCE: Upon the commencement hereof and until return of the Equipment, the Lessee shall obtain and maintain at its own
expense, (a) insurance against the loss of or damage to the Equipment including, without limitation, loss by fire or other casualty, and,
(b) public liability and property damage insurance. All such insurance shall be in such amounts, in such form and with such insurers
as shall be satisfactory to Lessor; provided, however, that the amount of insurance against loss or damage to the Equipment shall not
be less than the greater of the full replacement value of the Equipment or the Lease Payments then remaining unpaid hereunder. Each
insurance policy will name Lessee as an insured and Lessor as an additional insured and loss payee, and shall contain a clause requir-
ing the insurer to give Lessor at least thirty (30) days prior written notice of any alteration in the terms of such policy or of the cancellation
thereof. Lessee shall furnish to Lessor a certificate of insurance or other evidence showing that such insurance coverage is in effect.
Lesses agrees to give Lessor prompt notice of any insurance claims made or to be made with respect to the insurance described herein.
6. TAXES: In addition to the Lease Payments as provided for herein, Lessee shall pay and (on a net after-tax basis) indemnify and
defend Lessor against all fees, assessments and sales, use, property, excise and other taxes now or hereafter imposed by any govern-
mental body or agency upon this Lease, any Equipment, Software, Lease Payments or other charges hereunder. Applicable sales and
use taxes will be added to the Lease Payments unless Lessee provides evidence of direct payment authority or an exemption certificate
valid in the state in which the Equipment is installed. Other applicable taxes may be separately billed to Lessee by Lessor and shall
be due within thirty (30) days of the invoice date.
REV. 05/91
7. EVENTS OF DEFAULT: An event or -default shall occur hereunder if Lessee (a) faii to pay any Lease Payment or other payment
required hereunder when due and such failure continues for a period of ten (10) days after written notice from Lessor; or (b) defaults
in the performance of any obligation or in the payment of any sum due Lessor under any other agreement, arrangement or understan-
ding and such failure continues for a period of ten (10) days after written notice from Lessor; or (c) fails to perform or observe any other
covenant, condition or agreement to be performed or observed by Lessee hereunder or breaches any representation or provision con-
tained herein or in any other document furnished Lessor in connection herewith and such failure or breach continues unremedied for
a period of ten (10) days after written notice from Lessor; or (d) without Lessor's consent attempts to assign this Lease or remove, sell,
transfer, encumber, part with possession, or sublet any item of Equipment; or (e) is not paying its debts as such debts become due,
becomes insolvent, files or has filed against it a petition under any chapter of the U.S. Bankruptcy Code, 11 U.S.C. Sec. 1 10 et. seq
(or any similar petition under any insolvency law of any jurisdiction), proposes any dissolution, liquidation, composition, financial reorganiza-
tion or recapitalization with creditors, makes an assignment or trust mortgage for the benefit of creditors, or if a receiver, trustee, custo-
dian or similar agent is appointed or takes possession with respect to any property or business of Lessee.
8. REMEDIES: Upon the occurrence of any event of default and at any time thereafter, Lessor shall have the right to exercise any one
or more of the following remedies.
(a) Lessor may terminate this Lease and any other Leases between Lessor and Lessee,
(b) Lessor may declare all sums due and to become due for the full term of the Leases so terminated immediately due and payable,
(c) Lessor may require that Lessee return all Equipment and Software in the same condition as when delivered, ordinary wear and
tear excepted, at Lessee's risk and expense, to such location within the continental United States as Lessor designates,
(d) if this Lease specifies a Stipulated Loss Value for the Equipment, with or without terminating this Lease, Lessor may recover such
Stipulated Loss Value as of the Lease Payment date immediately preceeding the occurrence of the event of default;
(e) if no Stipulated Loss Value is specified in this Lease, with or without terminating this Lease, Lessor may recover damages, not as
a penalty, but herein liquidated for all purposes in an amount equal to (i) any accrued and unpaid Lease Payments to the date on which
Lessor obtains possession of the Equipment (or such earlier date as judgement is entered in favor or Lessor) (the "Determination Date"),
plus interest as specified herein for past due amounts, (ii) the present value of all future Lease Payments reserved in the Lease dis-
counted to the Determination Date at a rate equal to the then -current discount rate of the Federal Reserve Bank of San Francisco plus
one percent (1%), and (iii) the Equipment's fair market value at the expiration of the Term as estimated by Lessor;
(f) Lessor may recover any amounts due under any indemnity then determinable, plus interest as specified herein for past due amounts,
(g) Lessor may sell any or all of the Equipment at public or private sale, with or without notice to Lessee or advertisement, or otherwise
dispose of, hold, use, operate, lease to others or keep idle such Equipment, all free and clear of any rights of Lessee and without any
duty to account to Lessee for such action or inaction or for any proceeds with respect thereto, and may apply the net proceeds therefrom
(after deducting all costs associated with such sale) to the obligations of Lessee hereunder and any other obligations of Lessee to Lessor,
with any excess proceeds being retained by Lessor;
(h) Lessor may exercise any other right or remedy which may be available to it under the Uniform Commercial Code or other applicable
law including the right to recover damages for the breach hereof
In addition, Lessee shall be liable for, and reimburse Lessor for, all reasonable and necessary legal fees and all commercially reasonable
costs and expenses incurred by Lessor as a result of the foregoing defaults, or the exercise of Lessor's remedies, including placing
any Equipment in the condition required by Paragraph 10 hereof No remedy referred to in this Paragraph 8 is intended to be exclusive,
but each shall be cumulative and in addition to any other remedy referred to above or otherwise available to Lessor at law or in equity
No express or implied waiver by Lessor of any default shall constitute a waiver of any other or further default by Lessee or a waiver
of any of Lessor's rights. The Lessee's separate licenses for Software may provide for termination of such licenses upon termination
of this Lease, Lessee is referred to such licenses for applicable provisions.
9. ASSIGNMENT BY LESSOR: LESSEE ACKNOWLEDGES THAT LESSOR MAY SELL, ASSIGN, GRANT A SECURITY INTEREST
IN, OR OTHERWISE TRANSFER ALL OR ANY PART OF ITS RIGHTS, TITLE AND INTEREST IN THIS LEASE AND THE EQUIPMENT
WITHOUT NOTICE TO OR CONSENT OF LESSEE. Upon Lessor's written notice to Lessee that this Lease, or the right to the Lease
Payments hereunder, have been assigned, Lessee shall, if requested, pay directly to Lessor's assignee without abatement, deduction
or set-off all amounts which become due hereunder. Lessee waives and agrees it will not assert against Lessor's assignee any counterclaim
or set-off in any action for rent under the Lease. Upon the assignment of this Lease, Lessor's assignee shall have and be entitled to
exercise any and all rights and remedies (but none of the obligations) of Lessor hereunder, and all references herein to Lessor shall
include Lessor's assignee. Lessee acknowledges that any assignment or transfer by Lessor does not materially change Lessee's duties
or obligations under this Lease nor materially increase the burdens or risks imposed on Lessee.
10. DELIVERY AND RETURN OF EQUIPMENT: Lessee shall pay all shipping charges for delivery of the Equipment to Lessee's installa-
tion site. In the absence of specific instruction, Lessor or the Equipment supplier will select the carrier, but shall not hereby assume
any liability in connection with the shipment, nor shall the carrier be construed to be the agent of Lessor. Upon the expiration or earlier
termination of the Lease, Lessee, at its own risk and expense, absent Equipment purchase, shall promptly return the Equipment to Lessor
in the same condition as when delivered, ordinary wear and tear excepted, to such location within the continental United States as
Lessor designates with transportation costs to be prepaid by Lessee, and in addition, Lessee will, on request from Lessor, obtain from
the Equipment manufacturer (or other maintenance service supplier previously approved by Lessor) a certificate stating that the Equip-
ment qualifies for continued maintenance service at the standard rates and terms then in effect.
11. USE; MAINTENANCE; EXTENSIONS; ALTERATIONS: (a) Lessee, at its expense, shall make all necessary site preparations and
cause the Equipment to be operated in accordance with any applicable manufacturer's manuals or instructions. Notwithstanding any
transfer or assignment by Lessor and provided Lessee is not in default hereunder, Lessee shall have the right to quietly possess and
use the Equipment as provided herein without interference by Lessor, its assigns or any other third party claiming through or under
Lessor; provided, however, if a Vendor under the terms of its Vendor Agreement (as such terms are defined in Section 18) gives notice
of its intent to remove Equipment or Software kuue to patent, copyright or other infringement concerns), then this Lease shall terminate
as to such Equipment or Software upon its removal, and neither Lessor nor Lessee shall have any further obligation with respect to
the lease cif such items (except with respect to Lease Payments or other claims which accrued prior to such termination).
(b),Lessee shall effect and bear the expense of all necessary repair, maintenance, operation and replacements required to be made
to maintain the Equipment in good condition, reasonable wear and tear excepted, and to comply with all domestic and international
laws to which the use and operation of the Equipment may be or become subject Such obligations shall extend to repair or replacement
of any partial loss or damage to items of Equipment, regardless of the cause of such loss or damage. Lessee shall obtain and keep
in effect, at all times during the Term (and any renewal or extension thereof), maintenance service contracts covering the Equipment
with suppliers of maintenance services approved by Lessor, such approval not to be unreasonably withheld. All replacement Equipment
and parts furnished in connection with such maintenance or repair shall immediately become the property of Lessor and part of the
Equipment for all purposes hereof. All such maintenance, repair and replacement services shall be immediately paid for and discharged
by Lessee with the result that no lien under any applicable laws will attach to the Equipment as a result of the performance of such
services or the provision of any such material.
(c) At the expiration of the Term, upon notice given by Lessee at least ninety (90) days prior thereto, (i) this Lease shall be extended
or renewed under the terms and conditions set forth herein for a period and rental amount to be agreed, or (ii) if no such agreement
is reached or such notice specifies return of the Equipment, then Lessee shall return the Equipment in the manner and condition prescribed
in Paragraph 10. In the absence of any notice as permitted by the preceding sentence, the Lease shall be automatically extended on
a month-to-month basis, until terminated (upon notice by either party given at least ninety (90) days prior to the end of the month on
which the termination is to be effective) or until extended or renewed by agreement of the parties. Unless otherwise agreed, Lessee
shall continue to pay rent (equal to the last monthly Lease Payment) for each month following the Term, until the Equipment is returned
pursuant to Paragraph 10.
(d) Lessee shall not make any alterations, additions, modifications or attachments to the Equipment without the prior written consent
of Lessor
12. LOSS OR DAMAGE: If any items of Equipment shall become lost, stolen, destroyed or damaged beyond repair for any reason,
or in the event of condemnation, confiscation, seizure or requisition of title to or use of such items, Lessee shall promptly pay to Lessor
the applicable Stipulated Loss Value (if any) for this Lease, and in the absence of such Stipulated Loss Value, Lessee shall pay the
aggregate unpaid Unit Rental Payments for the full, remaining Term for such items of Equipment plus the Equipment's fair market value
at the expiration of the Term, as estimated by Lessor, less the net amount of the recovery, if any, received by Lessor from insurance
or otherwise for such loss or damage. Upon payment by Lessee as aforesaid, Lessor will transfer to Lessee, without recourse or warran-
ty, all of Lessor's right, title and interest, if any, in such items of Equipment.
13. TITLE, LOCATION AND INSPECTION: Lessor and Lessee agree that the Equipment is and shall remain Lessor's personal property
even though it may become attached or affixed to realty, and title thereto shall remain in the Lessor exclusively Lessor may require
plates or markings to be affixed to or placed on the Equipment to indicate Lessor's ownership. LESSEE SHALL NOT SELL, ASSIGN,
SUBLET, GRANT A SECURITY INTEREST IN, PLEDGE, HYPOTHECATE OR OTHERWISE ENCUMBER OR SUFFER A LIEN UPON
OR AGAINST THIS LEASE OR THE EQUIPMENT LEASED HEREUNDER AND ANY SUCH ATTEMPT, WITHOUT LESSOR'S PRIOR
WRITTEN CONSENT, SHALL BE NULL AND VOID. Lessee shall not remove any Equipment from its installation site without Lessor's
prior written consent. Lessor shall have the right to inspect the Equipment and observe its use upon reasonable notice of its intention
to so inspect.
14. FURTHER ASSURANCES: If requested by Lessor, Lessee shall promptly secure, execute and/or deliver to Lessor such further
documents (including but not limited to financing statements) and take such further action as Lessor shall deem necessary or desirable
to carry out the intent and purpose of this Lease and to protect Lessor's interest in the Equipment. Lessee herein grants Lessor the
right to file financing statements under the Uniform Commercial Code, as amended, with regard to Equipment leased hereunder, and
where allowed by law, authorizes Lessor to make such filings without Lessee's signature. Lessee agrees to provide Lessor with updated
financial statements upon request.
15. LESSEE'S REPRESENTATIONS, WARRANTIES AND WAIVERS: (a) Upon execution of the Master Lease and each Equipment
Schedule, Lessee warrants and represents the following: (i) Lessee has full power and authority and all necessary licenses -and permits
to carry on its business as presently conducted, to own or hold under lease its properties and to enter into this Master Lease and each
Equipment Schedule and to perform its obligations thereunder; (ii) the execution and delivery by Lessee of this Master Lease and each
Equipment Schedule and the performance by Lessee of its obligations thereunder have been duly authorized and approved and do
not and will not contravene the provisions of or constitute a default (either with or without notice or laspe of time, or both) under any
indenture, mortgage, contract or other instrument to which Lesses is a party or result in a lien upon the Equipment or any of Lessee's
assets; (iii) this Master Lease and each Equipment Schedule, when executed by Lessee, constitute legal, valid and binding agreements
of Lessee enforceable against Lessee in accordance with their terms; (iv) there are no actions, suits or proceedings pending or threaten-
ed against Lessee or any property of Lessee which, if adversely determined, would materially adversely affect the business, financial
condition, assets, or operations of Lessee, and (v) Lessee has not taken and will not take any action or maintain any position inconsistent
with treating each Lease as creating a valid leasehold interest in the related Equipment.
(b) To the extent permitted by applicable law, Lessee hereby waives any and all rights and remedies to: (i) cancel this Lease, (ii) repudiate
this Lease; (iii) revoke acceptance of the Equipment; (iv) reject the Equipment; (v) recover damages from Lessor for any breaches of
warranty or for any other reason; (Ji) claim a security interest in the Equipment in Lessee's possession or control for any reason; (vii)
deduct from Lease Payments all or any part of any claimed damages resulting from Lessor's breach of obligations, if any, under this
Lease, (viii) accept partial delivery of the Equipment; (ix) "cover" by making any purchase or lease of or contract to purchase or lease
equipment in substitution for Equipment designated in the Lease, (x) recover any direct, general, special, incidental, indirect or conse-
quential damages, for any reason whatsoever; and (xi) obtain specific performance, replevin, detinue, sequestration, claim and delivery
or the like for any Equipment identified to this Lease. To the extent permitted by applicable law, Lessee also hereby waives any rights
now or hereafter conferred by statute or otherwise which may require Lessor to sell, lease or otherwise use any Equipment in mitigation
of Lessor's damages or which may otherwise limit or modify any of Lessor's rights or remedies.
16. INDEMNIFICATION: Lessee hereby assumes liability for, and shall pay when due, and shall indemnify and defend Lessor against,
any and all liabilities, losses, damages, claims and expenses (including reasonable attorney fees) in any way relating to or arising out
of this Master Lease, any Equipment Schedule or any items of Equipment, including without limitation the manufacture, purchase; ownership,
shipment, transportation, delivery, installation, leasing, possession, use, operation, storage and return of such Equipment. Lessee shall
give Lessor prompt notice of any occurrence, event or condition in connection with which Lessor may be entitled to indemnification
hereunder. Lessee hereby expressly assumes liability for and agrees to indemnify and defend and hold Lessor harmless from and against
any breach by Lessee of any representation, warranty or covenant made by Lessee herein and in connection therewith to pay and reim-
burse Lessor for the payment of any and all expenses, including reasonable attorneys fees incurred by Lessor in connection with or
as the result of any breach. The provisions of this Paragraph 16 are in addition to, and not in limitation of, the other provisions of this
Lease. The indemnities contained herein shall survive the expiration of the Term of the Lease.
17. MISCELLANEOUS: Any provision of this Lease which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective
to the extent of such prohibition or unenforceability without invalidating the remaing provisions thereof unless such ineffectiveness im-
pairs the basic intent of the Lease iri the opinion of Lessor. This Lease supersedes all prior agreements and understandings relating
to the Equipment and constitutes the entire agreement between the parties with respect thereto. No modifications or amendments of
this Lease shall be binding unless made in writing and duly executed by Lessor and Lessee. Any notices or demands permitted or
required to be given herein shall be deemed given when deposited in the United States mail, first class postage prepaid, to the ad-
dresses herein set forth, or to such other address as the parties may hereafter substitute by written notice given in the manner prescrib-
ed in this paragraph. Time is of the essence with respect: to the Lease. The captions set forth therein are for convenience only and
shall not define or limit any terms hereof. This Lease shall in all respects be governed by and construed in accordance with the laws
of the Commonwealth of Massachusetts. Nothing contained herein is to be construed as approval of Lessee's credit by Lessor. This
Equipment Lease is riot valid until both credit approval has been granted by Lessor and this Equipment Lease has been duly executed
by Lessor.
18. VENDOR LICENSE, WARRANTY AND INDEMNITY; SOFTWARE: (a) Attached hereto as Exhibit A is a Vendor License, Warranty
and Indemnity (the "Vendor Agreement") When signed by Lessee and Prime Computer, Inc. ("Vendor"), the Vendor Agreement is
a separate and independent contract from this Lease, and Lessee's compliance with the terms of this Lease is not subject to or condi-
tioned upon any occurrence, event or performance under the Vendor Agreement. Vendor has no rights, duties, obligations or liabilities
under this Lease, and Lessee has no claims against Vendor hereunder. Similarly, Lessor has no rights, duties, obligations or liabilities
under the Vendor Agreement; and Lessee has no claims against Lessor thereunder. The provisions of this Section 18 also apply to
any other license, warranty and indemnity agreements which are executed by Lessee with a supplier of Equipment or Software and
attached hereto as an Exhibit.
(b) All Software (whether described iin the Equipment Schedule or not) is subject to separate licenses contained in the Vendor Agree-
ment or otherwise; and Lessee's only obligation for the Software under the Lease is to pay to Lessor any amounts set forth on the
Equipment Schedule with respect to the Software.
In Witness Whereof, the Lessor and Lessee have hereunto set their respective hands as of the date first set forth above.
LESSEE
(ity_a`Yakima, Washington
Title Z.
h_.;v r` f"Sl
CO -LESSEE
By
(Auth. Signature)
Name
(Print or Type)
Title
REV 05/91
LESSOR
Primetec in Ing
By y . ,A...ee..,.cam
e,...:(Auth. Sign
�{ure
Name < �rit de;i, %" /76,4T
(Print or Type)
t
Title t/r.�
Fed. ID. No. 84 6320
1
B1-67726
PRIMETEC
Primetec Leasing, Inc.
A Leasetec Company
1 New York Avenue
Framingham, MA 01701
SCHEDULE A - SYSTEM
EQUIPMENT SCHEDULE NO. - - TO EQUIPMENT LEASE NO.
DATED " , 19 , BETWEEN THE UNDERSIGNED PARTIES.
Lessor: Primetec Leasing, Inc. (herein called "Lessor")
Address: 1 New York Avenue, Framingham, MA 01701
Lessee:
(herein called "Lessee")
Business Address
1. EQUIPMENT: The Equipment to which this Equipment Schedule relates is shown below and on any continuation sheets attached hereto.
2. TERM: The term of the Lease with respect to Equipment specified herein shall be for a period of ' months
commencing upon the Lease Commencement Date for such Equipment.
3. LEASE PAYMENTS: The Lease Payments due hereunder shall be payable in .• . n ' ° equal installments
of $ per month. The first Arid last : ` . ..:r x Lease Payments
(and payment for any partial month at the commencement of the Lease) are due upon execution of this Equipment Schedule. The balance
of the Lease Payments shall be paid on the first day of each consecutive month thereafter until all payments have been made.
4. EQUIPMENT LOCATION: (if different from Lessee's Business Address shown above)
Street City.
County: State: Zip.
5. TERMS AND CONDITIONS: The terms and conditions of the above -referenced Equipment Lease are incorporated herein. In addition,
the following attachments apply to this Equipment Schedule only. ._`.•' . ' `- ` v'
QUANTITY
4
TYPE NO.
EQUIPMENT CONFIGURATION
DESCRIPTION
PAGE 2
QUAN'"'TY
of3 PAGES
TYPE NO.
01 8548-P6
01 CR8548-P4
01 8556-P6S
01 CR8556-P4
01 8543-P6S
01 CR8543-P4
01 8544 -SM
01 8505-P6S
01 CR8505-P4
01 8090-P6
01 8549-P6
01 8515-P
01 8510-P6S
01 CR8510-P4
01 8525-P
01 UG65/66
01 75500-6PK
04 4732PK1
02 7210G .4fi1
04 KIT6996-002
02 CRO6P-D
04 CRO6P-D
02 CRO6P-C
01 4601PK1
01 CRO6P-T
01 CROl,P- G
03 LTS35O-64
36 CBL350-O01
02 KIT2294M
01 8505-P6S
01 CR8505-P4
01 9310US-P6
01 CR9310US-P4
01 8090-P6
01 8515-P
01 8525-P
01 4050-37C
01 84520G
01 8440-P2S
05 84541 -US
01 84565 -US
01 8505-P2S
01 8490-P2
08 CBL10671-002
01 CBL10671-008
03 84520FP
02 4595S
01 4364G
02 MMW2-82
02 5735S
10 CLAC304
01 5242F
01 CLAC808
08 CLAC204
04 CLAC204FP
PAGE 2 of 3Pages
EQUIPMENT CONFIGURATION
DESCRIPTION
- FORMS.
- Credit for FORMS.
- MIDASPLUS.
- Credit for MIDASPLUS.
-COBOL 85 Compiler and Run Time Libraries.
- Credit for COBOL 85.
-COBOL 74 to 85 Converter.
-Prime INFORMATION.
- Credit for Prime INFORMATION.
- TCP/IP License.
-C Compiler.
- FORTRAN 66 Compiler.
-FORTRAN 77 Compiler.
-Credit for FORTRAN 77
- BASIC Interpreter.
- Prime 65/6650 Computer System with 64MB memory.
- Six pack SCSI Disk System.
- 1.34GB SCSI disks.
-SCSI II Host Adaptors.
-SCSI Bus Cable kit.
-Credit for returned 817MB disk drives.
-Credit for returned 496MB disk drives.
- Credit for Intelligent disk controllers.
- 5 Giga Byte tape drive.
- Credit for returned 2 GB tape drive.
- Credit for SCSI Tape Controller.
-64 port LTS350.
- Telco to DB25 Fan -out cable.
- LAN Host Controller Installation Kit.
-Prime INFORMATION.
- Credit for Prime INFORMATION.
- PRIME'WORD.
- Credit for PRIPIE'WORD.
- TCP/IP License.
- FORTRAN 66 Compiler.
-BASIC Interpreter.
-Prime 4050 Computer System with 16MB, 817MB disk and console.
-LHC300.
- PRIMENET.
- LTS300.
- LMT300.
- Prime INFORMATION.
- NTS.
-5 meter Teflon drop cable.
- 6 meter Teflon LTS200 Cascade.
-LHC300.
- Left side Helical Scan Tape Subsystem.
- Two 817MB disk drives with controller.
- 8MB memory.
- ICS3 Communications subsystem.
-ICS3 Communications line adapter card.
- ICS2 Communications controller.
-Capacity Extender.
- ICS2 Communications line adapter card.
- ICS2 Communications line adapter card.
4309-00
LESSEE
of Yakima, Washington
(Auth. SiSiy/pature)
Name C /lG/✓ci / / „./„f CI r
/� /� (Print or Type)
Title ( / /�( // Le•I i Q�
City Cler't,
CO -LESSEE
By
(Auth. Signature)
Name
(Print or Type)
Title
LESSOR
Primetec
By
(Ruth Signal
Name c z7z4fc�v F. $ c/)LiL .,w)
Title
(Print or Type)
"g2
v vi EQUIPMENT CONFIGURATION 4309-00
QUANTITY TYPE NO. DESCRIPTION
01 8505 -PF -Prime INFORMATION.
01 4735S -Left 496MB FMD.
01 4738S -Right 496MB FMD.
01 4590S -Tri density GCR tape subsystem.
01 MMW2-8MB -8MB memory.
02 5735S -ICS3 Communications controller.
14 CLAC304 -ICS3 Communications line adapter card.
01 PST100 -System console.
01 8505 -PAS -Prime INFORMATION.
02 4735S -Left 496MB FMD.
02 4738S -Right 496MB FMD.
02 3126F -300 LPM Dot Matrix Printer.
01 58444XP -CalComp Microstatic Plotter with 50MB of disk memory.
01 SUN -SPARCstation IPX workstation with 16" color monitor, GX
graphics, 16MB memory, 207MB SCSI Internal Hard Drive, and
1.44MB Internal floppy disk drive.
01 SUN -16MB memory expansion module.
01 SUN -1.3 GB SCSI external disk drive.
01 X669 -2.3 GB 8mm tape drive.
02 -Adapter cable.
04 SUN -OS manuals with binders.
01 SUN -OS Right to Use License.
01 ESRI -ARC/INFO Single User License.
01 ESRI -TIN Single User License.
01 ESRI -COGO Single User License.
01 ESRI -Network Single User License.
01 -UPS/SPS System from Knobel's License.
04 KIT84520M -Kit to mount LHC300.
06 KIT7210M -Kit for Prime SCSI -2.
END OF EQUIPMENT CONFIGURATION
PAGE 3 of 3 PAGES
LESSEE LESSOR
City of Yakima, Washington Prlmetec
(AJth. Signature)
Name (/t✓ J�/,/ ( Cl✓
�/f (Print or Type)
Title/ / �✓ 4 f/C
Ic ,
CO -LESSEE
City Clerk
By
(Auth. Signature)
Name
(Print or Type)
Title
rPRIMFTFC i FS1
By
�
(Ruth. Sig
Nameji-510.10b1,_r ' �M' 645e}
(Print or Type)
TMe g?",„
�l.
1 FCCCIR'C CYC', ITCH rnov
PRIMETEC
Primetec Lea: Inc.
A Leasetec Co,. ipany
1 New York Avenue
Framingham, MA 01701
FIXED PRICE PURCHASE OPTION RIDER
This Fixed price Purchase Option Rider ("Rider") is incorporated in and made a part of Equipment Schedule No
to Equipment Lease No. , dated
("Lessor") and
, 19 - , between Primetec Leasing, Inc.,
("Lessee").
Except as expressly provided herein, the terms and conditions of the Lease shall remain in full force and effect. In the event of conflict
between the provisions of the Lease and this Rider, the Rider will prevail
1. Lessor hereby grants to the Lessee, a nonassignable irrevocable option to purchase all, but not less than all, of the Equipment listed
in the aforementioned Equipment Schedule free and clear of all liens or encumbrances arising from any act on the part of the Lessor
for the sum of $ at the end of the Lease term, provided that the Lessee shall notify the Lessor in writing at least
ninety (90) days prior to the expiration of the Lease of its intention to exercise said option and upon further condition that the Lessee
is not then in default under any of the terms, covenants, or conditions of said Lease or any other obligations or indebtedness to the Lessor.
2 The option does not include licenses for any software. Such licenses must be separately obtained from the software licensor; provid-
ed, however, such licenses for operating system software included on the above -referenced Equipment Schedule shall be provided at
no additional charge.
3. Lessee acknowledges that the above purchase price excludes any and all state and local taxes, and Lessee agrees that it shall be
responsible for the payment of any and all state and local taxes due and owing or thereafter levied or assessed on the Equipment,
its lease or purchase.
4 The purchase of Equipment under the option is on an AS -IS, WHERE -IS BASIS, WITHOUT WARRANTY, EXPRESS OR IMPLIED,
OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PAR-
TICULAR PURPOSE.
5. This purchase option price shall be paid not later than (i) the last day of the Term, or (ii) 30 days after Lessor's invoice therefor, whichever
occurs last.
LESSEE LESSOR
Primetec Leasing, Inc.
By
(Auth. Signature)
Name
(Print or'Type)
Title
CO -LESSEE
By
(Auth. Signature)
By
(Auth. Signature)
Name
(Print or Type)
Title
Name
(Print or Type)
Title BI -68373
PRIMETEC
Primetec Let, Inc.
A Leasetec Company
1 New York Avenue
Framingham, MA 01701
NON -APPROPRIATION TERMINATION RIDER
This Non -Appropriation Termination Rider ("Rider") is incorporated in, and made a part of the Equipment Lease (Master Terms and
Conditions) No. -' dated '$ ARCH ", , 19 , between Primetec Leasing, Inc.,
("Lessor") and C ' O.f YaZ Wash 4& O ("Lessee").
Except as expressly provided herein, the terms and conditions of the Lease shall remain in full force and effect. In the event of conflict
between the provisions of the Lease and this Rider, the Rider will prevail.
Lessor and Lessee do hereby acknowledge and agree that each Lease of Equipment is for a firm Term as set forth in any Equipment
Schedule now or hereafter executed between Lessee and Lessor. However, by virtue of this Rider and notwithstanding anything con-
tained in this Lease to the contrary Lessee may, by written notice given at least thirty (30) days prior to the last day of any fiscal year,
terminate a Lease, without penalty or liability, at the end of such fiscal year if all the following have occurred:
(a) Funds are not appropriated during such current fiscal year for the following fiscal year during the Term of this Lease for the acquisition
of services and functions which are, in whole or material part, the same or substitute services and functions for the performance of
which the Equipment was leased; and
(b) Such nonappropriation of funds did not result from any act of failure to act of Lessee; and
(c) Lessee has exhausted all funds legally available for all payments due under this Lease; and
(d) There is no other legal procedure by which payment can be made to Lessor.
In the event of such early termination by Lessee, Lessor shall remain entitled to all Lease Payments and other sums due and owing
for any previous fiscal year(s) and for the current fiscal year during which notice is given and for the return of the Equipment as provided
in Paragraph 10 of the Equipment Lease.
Capitalized terms used herein shall, unless otherwise expressly indicated, have the meanings set forth in the Equipment Lease.
LESSEE LESSOR
CO -LESSEE
By
(Auth. Signature)
Name
(Print or Type)
Title
1
Primetec. Leasing„ Inc,
fi
By
(Auth. Signature)
Name
'(Print or Type)
Title
q\)"54
BI -67750
Addendum to 4309 ("the Agreement")
_ Primetec Leasing, Inc. _
as seller or lessor. ("Primetec")
and _City of Y„cjL____ as buyer or lessee ("Buyer/Lessee")
In discharge of its obligation to maintain a register of
assignments of this Agreement, Buyer/Lessee hereby appoints
Primetec its agent, for purposes of maintaining complete and
accurate records of the name and address of all assignees or
subsequent assignees of all or any ofPrimetec's right, title
and interest herein. Primetec or its assignee shall maintain
such records in accordance with Section 149 (a) of the
Internal Revenue Code of 1986, as amended from time to time
and regulations from time to time promulgated thereunder. No
assignment or reassignment of any of Primetec's right, title or
interest in the above -referenced Agreement shall be effective
unless and untilPrimeteCor its assignee disclosing the name
and address of each such assignee. No further action will be
required byprimetecor Buyer/Lessee to evidence the assignment,
but either Primetecor Buyer/Lessee will acknowledge such
assignment in writing if so requested by the other party.
Buyer/Lessee:
C i ty_o f Y�J� j'ashirn g ton..
Seller/Lessor:
Primetec Leasing, Inc.
By:
Title:__ j _�l���l� e2 Title:
Date: _ AsA4 Date : ----J[ 2 92_
ATTEST. l ) -,,�.-
City C;erk
14A
21 A992
Primetec Leasing, Inc.
1 New York Ave.
Framingham, MA 01701
AMORTIZATION RIDER
This Amortization Rider ("Rider") is incorporated in and made a part
of Schedule A, No.4309-00 to the Lease agreement between Primetec
Leasing, Inc. ("LESSOR") and City of Yakima, Washington ("LESSEE")
accepted by Seller as of MARCH 27 , 1992.
Except as provided herein, the terms and conditions of the Lease
agreement shall remain in full force and effect. In the event of conflict
between the provisions of the Lease Agreement and this Rider, the Lease
will prevail.
By virtue of this Rider and notwithstanding anything in the Lease
Agreement to the contrary, Lessor and Lessee do hereby acknowledge and
agree that the Schedule below correctly reflects the amortization of the
payments due under this Schedule A:
Pmts Monthly Remaining
Paid Payment Interest Principal Balance
SEE ATTACHED SCHEDULE
T,FSSEE: T.FSSOR: Primetec Leasing, Inc.
City of Yakima, Washington
Title:
Date:
ATTEST. >219
City Clerk
oOd
$947,633.00
# • Leliment Date
i 'April 1, 190
2 ' Apra.l 1, 1993
3 ?•' ,April 1, 1994
4 April. 1, 1995
5 April 1, 1996
6 ; April 1, 1997
CITY OF YAKIMA
Pantxint
$20 ,7993.0
202,793.00
202,793.00
202,793.00
202,793.00
202,793.00
^s Ibis $1,216,758.00
Interest
83,783.44
70,396.64
55,504.01
38,936.18
20,504.73
269,125.00
Prir i 1
$202,793.00
119,009.56
132,396.36
147,288.99
163,856.82
182_c288.27
947,633.00
Page 1
Stipulated
Loss Value
Balance
$854,237.89
702,699.16
542,068.11
371,799.20
191,314.15
0.00
i
r
i
f
1
Fifth Third Bank
August 18, 1997
City of Yakima, Washington
129 N. Second Street
Yakima, WA 98901
Dear Sir/Madam:
Enclosed is a Bill of Sale for the purchase of the equipment which had been leased witl£he Fifth
Third Bank. Please place this document in your files.
We appreciate your patronage. Should you have any questions, please do not hesitate to call.
Sincerely,
Marsha Bubeck
Remarketing Manager
Enclosure
DATE: August 18, 1997 LEASE NO: 93-003-74218-02-00018
BILL OF SALE
In consideration of the sum ofOne Dollar and 00/100 ($1.00)and valuable consideration
the receipt of which is hereby acknowledged,The Fifth Third Bank 38 Fountain Square Plaza,
Cincinnati, OH 45263, (Seller) hereby bargains, sells, grants, transfers, and delivers City of
Yakima, Washington, 129 N. Second Street Yakima, WA 98901(Buyer) and any of its successors
and assigns, all of its right, title and interest in the equipment detailed below:
Equipment Description
See Attached Exhibit A.
SUCH EQUIPMENT IS SOLD "AS IS" "WHERE IS" AND "WITH ALL FAULTS". SELLER
MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE
DESIGN, OPERATIONS, OR CONDITION OF, OR AS TO THE QUALITY OF THE
MATERIAL OR WORKMANSHIP IN SUCH EQUIPMENT. SELLER MAKES NO
WARRANTY OF MERCHANTABILITY OR FITNESS OF ANY PART OF SUCH
EQUIPMENT FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY OR
PRESENTATION WHATSOEVER. SELLER SHALL IN NO EVENT BE RESPONSIBLE FOR
DAMAGES ARISING IN STRICT LIABILITY OR FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES HOWEVER ARISING.
Buyer agrees with and for the benefit of Seller that it will self -asses and remit all
applicable sales/use taxes due in connection with this transaction to the appropriate taxing
jurisdiction or otherwise provide Seller with a resale exemption certificate.
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed and
delivered as of the date first above written.
Witness:
Seller: The Fifth Third Bank
EXHIBIT A
QUANITY TYPE NO. DESCRIPTION
01 UG65/66 Prime 65/6650 Computer Syst. w/ 64MB memory
01 75500-5x8 Six -Pack SCSI Disk System
02 7210M -G SCSI II Host Adapters
04 KIT6996-002 SCSI Bus Cable Kit
05 CR06P-D Credit for returned 817MB disk drives
02 CR06P-D Credit for returned 496MB disk drives
03 CR06P-C Credit for returned disk controllers
01 4601 PK 1 5 Giga Byte Tape Drive
01 CR06P-T Credit for returned 2 GB tape drive
01 CR06P300 SCSI Tape controller
01 KIT4590M Tri density tape drive installation kit
01 KIT2294M URC installation kit
03 LTS350-64 64 port LTS350
36 CBL350-001 Telco to DB25 fan out cable
01 84565 -US LMT300 Multiport Transceiver
09 CRLTS300 Credit for LTS300
01 LTS-8MM-50 LTS325/350 Terminal Server Software
02 KIT2294M 1 AN Host Controller installation kit
CITY OF YAKIMA
LEGAL DEPARTMENT
201 E. LINCOLN, SUITE 5, YAKIMA, WA 98901
March 25, 1992
Primetec Leasing, Inc.
1 New York Avenue
Framingham, MA 01701
Phone: (509) 575-6030
SCAN 278-6030
FAX 575-6160
Re: Equipment Lease Agreement Between Primetec Leasing, Inc., and
City of Yakima
Gentlemen:
The undersigned, as general counsel for the City of Yakima, has
reviewed the Equipment Lease Agreement and the ancillary and sup-
porting documents. After an examination of the transaction, I am
of the opinion that:
1. The City of Yakima is a city incorporated in the State of
Washington.
2. The Equipment Lease Agreement and the ancillary and
supporting documents have been approved by the City
Council (Resolution No. D-6075), the governing body of
the City, and that Richard A. Zais, Jr., the City
Manager, is authorized to execute all documents in
connection with this transaction.
3. That the execution of the documents by the City Manager
and the approval by the City Council are within the
powers granted them and remain consistent with the laws
of the State of Washington.
4. The aforementioned documents when executed by the City
Manager and delivered to Primetec Leasing, Inc., will
constitute a valid and binding obligation enforceable
against the City in accordance with the terms and condi-
tions thereof.
Very tru •ours,
JO N VANEK
City Attorney
Frac' /4 Selby
Vice President, U S Saies
Computer Systems Business Unu
August 28, 1992
Mr. Rick Pettyjohn
City of Yakima
127 North Second Street
Yakima, WA 98901
Dear Rick:
This letter is intended to set forth in full our agreement regarding your
previous orders for Prime 5540 systems.
In consideration of your cancellation of your orders for 5540 systems which
you previously placed with Prime, Prime will provide and City of Yakima will
accept the following services in full satisfaction of such orders and with no
further monies owed to Prime and no further liability to Prime for failure to
provide the 5540 systems.
4,4,S
Prime will provide maintenance on the two UG .663-8" CPUs at rates not in excess
of the rates applicable to 5520 CPUs for as long as the City of Yakima owns or
leases those CPUs. The current rate is $740/month/CPU. In addition, Prime
will relicense Primos to any buyer of the City's 9955 and 9755 CPUs for no more
than $10,000 per system and to any buyer of the 4050 CPU for no more than
$5,000. Prime will also authorize the City of return the kits listed below and
give the City credit against its maintenance invoice. Finally, Prime will release
the City of Yakima for any further obligations related to the 5540 purchase
agreement.
Prime
Qty Model No. Description Price
2 KIT2294M
1 KIT2294M
2 KIT2294M
3 KIT8452M
6 KIT7210M
Kit to
Kit to
Kit to
Kit to
Kit to
mount URC in 53XX System
mount URC in 53XX System
mount URC in 53XX System
mount LHC in 53XX System
mount SCSI -2 Cntlr in 53XX
$1,050.00
525.00
1,050.00
339.00
System 978.00
Total $3,942.00
Less 15% Discount (591.30)
Refund $3,350.70
Prime Computer, Inc.
500 Old Connecticut Path
Framingham, Massachusetts 01701
508-620-2800
Page 2
August 28, 1992
Mr. Rick Pettyjohn
City of Yakima, WA
In consideration of the mutual obligations set forth above, Prime releases the
City of Yakima, and the City of Yakima releases Prime from any and all claims,
demands, and causes of action, whether based in tort, contract, statute or
otherwise, arising out of or in anyway related to the cancellation of the City of
Yakima's orders for Prime 5540 systems.
Could you please indicate your acceptance of the foregoing agreement by
countersigning this letter where indicated below and returning it to me.
Sincerely,
Fred H. Selby
Agreed and Accepted:
CITY OF YAKIMA
BY:
TITLE:
DATE:
Prime
PL -201
PRIME
Prime Leasing
/ 'ivision of Prime Computer, Inc.
1 ,e Park
Natick, MA 01760
Schedule A, No SCHEDULE A
This Schedule A is incorporated in and made a part of the Governmental Conditional Sales Agreement between
Prime Leasing, A Division of Prime Computer, Inc. ("Seller"), and
("Buyer") accepted by Seller as of ,19 , ("Agreement").
I. System
Those components of the System to which this Schedule A relates are shown below and on any continuation
sheets attached hereto.
2. Installment Payments
A. Buyer agrees to make Installment Payments in accordance with the Statement of Sale below. The first
Installment Payment shall be due upon the Installment Payment Commencement Date as set forth in
Section 8 (Acceptance of System), with remaining Installment Payments due on the first day of each
successive month, or such other installment period as stated herein, thereafter until all Installment
Payments have been paid.
Statement of Sale
1. Total Price $
2. Cash Down Payment
3. Balance Financed (1 minus 2)
4. Interest Charge
5. Time Balance (3 plus 4) to be paid
in ( )
equal installments of
$
6. Total Deferred Payment (or Time) Price
(2 plus 5) $
B. All payments required to be made to Seller hereunder shall be made at Seller's principal office at Prime
Park, Natick, MA 01760 or as may otherwise be directed in writing by Seller or its assignee.
3. Equipment Location (if different from Buyer's Agreement address)
Street: City
County: State: Zip Code*
EQUIPMENT CONFIGURATION
QUANTITY TYPE NO. DESCRIPTION
Buyer
By
Title
Date
Seller
Prime Leasing, A Division of
Prime Computer, Inc.
By
Title
Date
BUYER'S EXECUTE COPY
Addendum to 4007— 02 ("the Agreement")
between Prime Leasing, a Division of Prime Computer, Inc.
as seller or lessor ("Prime")
and Cia of Yaki adiagram buyer or lessee ("Buyer/Lessee")
In discharge of its obligation to maintain a register of
assignments of this Agreement, Buyer/Lessee hereby appoints
Prime its agent, for purposes of maintaining complete and
accurate records of the name and address of all assignees or
subsequent assignees of all or any of Prime's right, title
and interest herein. Prime or its assignee shall maintain
such records in accordance with Section 149 (a) of the
Internal Revenue Code of 1986, as amended from time to time
and regulations from time to time promulgated thereunder. No
assignment or reassignment of any of Prime's right, title or
interest in the above -referenced Agreement shall be effective
unless and until Prime or its assignee disclosing the name
and address of each such assignee. No further action will be
required by Prime or Buyer/Lessee to evidence the assignment,
but either Prime or Buyer/Lessee will acknowledge such
assignment in writing if so requested by the other party.
Buyer/Lessee:
City of Yakima Washington
Title:__�j� _ nagex
Date : __ J 1 __t �d Ji l
Seller/Lessor:
Prime Leasing, a division of
Prime Computer, Inc.
By:
Title : se -_- ca ao,
Date: 1 ?-
I.W tb ifit 3311
Prime Leasing
A Division of Prime computer, Inc.
Prime Park
Natick, MA. 01760
AMORTIZATION RIDER
This Amortization Rider ("Rider") is incorporated in and made a part
of Schedule A, No. 4007-02 to the Lease agreement between Prime Leasing, A
Division of Prime Computer, Inc. ("SELLER") and City of Yakima Washington
("BUYER") accepted by Seller as of , 1991.
Except as provided herein, the terms and conditions of the Lease
agreement shall remain in full force and effect. In the event of conflict
between the provisions of the Lease Agreement and this Rider, the Rider
will prevail.
By virtue of this Rider and notwithstanding anything in the Lease
Agreement to the contrary, Lessor and Lessee do hereby acknowledge and
agree that the Schedule below correctly reflects the amortization of the
payments due under this Schedule A:
Pmts Monthly Remaining
Paid Payment Interest Principal Balance
SEE ATTACHED SCHEDULE
BUYER:
City of Yakima Washington
SELLER- Prime Leasing A Division of
Prime Computer, Inc.
gy; By:
Title: ed f3 )14��1 Title:
Date: 1(11?/91 0 Date:
$42,156.00
CITY OF YAK MA WASHINGTON (SPARCstation) Page 1
at 8.27219% with 6 Semi -Annual Payments
360 -day Year, Rule of 78's, Compounding Monthly
Payment Date Total Payment Interest Amt. Principal Amt. Remaining Bal.
1 Jan. 1, 1992
2 July 1, 1992
8,437.00
8,437.00
Annual Subtotal 8,437.00
3 Jan. 1, 1993
4 July 1, 1993
8,437.00
8,437.00
Annual Subtotal 16,874.00
5 Jan. 1, 1994
6 July 1, 1994
8,437.00
8,437.00
Annual Subtotal 16,874.00
2,418.86
2,015.71
6,018.14
6,421.29
2,015.71 6,421.29
1,612.57
1,209.43
6,824.43
7,227.57
2,822.00 14,052.00
506.29
403.14
7,630.71
8,033.86
1,209.43 15,664.57
Totals 50,622.00 8,466.00 42,156.00
36,137.86
29,716.57
22,892.14
15,664.57
5,033.86
0.00
AMENDMENT TO EQUIPMENT AGREEMENT
This amendment to Equipment Agreement ("Amendment") is incorporated
in and made a part of Schedule A, No. 4309-00 to the Equipment Lease
between Primetec Leasing ("LESSOR"), and City of Yakima ("LESSEE")
accepted by Lessor as of March 27 , 1992.
This amendment hereby modifies the Equipment Configuration and the
payments thereto described in Schedule A No. 4309-00 .
Except as expressly provided herein, the terms and conditions of the
Lease shall remain in full force and effect. In the event of
conflict between the provisions of the Lease and this Amendment, the
Lease will prevail.
By virtue of this Amendment and notwithstanding anything contained
in the Lease to the contrary, Lessee and Lessor do hereby agree to
add the following equipment to Schedule A No. 4309-00 :
01 UG6550 Prime 6550 Computer System with 64MB of memory.
01 UG6550 Prime 6550 Computer System with 64MB of memory.
It is additionally agreed to delete the following fitau the same
Schedule A:
01 UG65/66 Prime 65/6650 Computer System with 64MB memory.
01 UG65/66 Prime 65/6650 Computer System with 64MB memory.
In consideration of the above alteration to the Schedule A, Lessee
and Lessor hereby agree that the payment schedule shall remain as it
currently in reflected on the original Schedule A.
LESSOR: Primetec Leasing
By:
Title:
Date:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of 3/24/92
ITEM TITLE: Report and Legislation from Finance and Information Systems Regarding
Budget Appropriation and Contract Lease Papers for Computer
Equipment
SUBMITTED BY: Department of Finance & Budget/Information Systems
CONTACT PERSON/TELEPHONE: John Hanson, Director of Finance & Budget/575-6070
Rick Pettyjohn, Information Systems Manager/575-6098
SUMMARY EXPLANATION:
SEE ATTACHED MEMO
X Resolution X Ordinance X Contract
Minutes Plan/Map
Notification List Other (Specify)
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Accept report, pass Resolution, read Appropriation
Ordinance by title only 3/24/92. Adopt Ordinance upon second reading, 4/14/92.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution No. D-6075
3/24/92--lst reading of Appropriation Ordinance
TFINANCEI RP.1
1 - 3/20/92