HomeMy WebLinkAboutNEW WORLD SYSTEMS PROPRIETARY SOFTWARE AND SERVICES
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AGREEMENT AND AUTHORIZATION FOR PROCUREMENT
OF THIRD PARTY COMPUTER HARDWARE. PROPRIET ARY SOFTWARE AND SERVICES
June 20, 2008
This agreement (Agreement) between City of Augusta, Georgia (Customer) and New World Systems<IP Corporation, (New
World) is to cover the procurement of Third Party Computer Hardware, Proprietary Software products and services by New
World for Customer.
The attached configuration (Exhibit 1) describes the Third Party products and services that New World will obtain for
Customer, By their written approval below, Customer authorizes New World to order the Exhibit 1 products for delivery to:
AugustalRichmond County
Attn: Mr. Tommy Brown
530 Greene Street
Augusta, GA 30911
Upon delivery of Computer Hardware, 100% of the Exhibit 1 cost is due. Customer agrees to pay all applicable finance charges
(if any) promptly. Customer has entered into an agreement with HP Financial Service to finance 100% of this agreement Upon
receipt of the hardware, HP Financial Service will remit payment to New World.
Customer is responsible for the site preparation and related costs to install the Exhibit 1 Third Party products. Customer is
responsible for any returned product charges, including re-stocking and shipping fees, for all Third Party products ordered by
New World on the Customer's behalf. Actual and reasonable travel expenses incurred by New World and actual employee
travel time up to but not to exceed four (4) hours per Customer visit, are in addition to the Exhibit 1 cost and will be billed
weekly as incurred.
Any taxes or fees imposed from the course of this Agreement are the responsibility of the Customer and Customer agrees to
remit when imposed. If an exemption is claimed by the Customer, an exemption certificate must be submitted to New World.
After execution of this Agreement, the Exhibit 1 components and cost may be changed by mutual agreement of both parties. If a
change order in the configuration requires additional costs, New World shall notify Customer of the additional costs and with
Customer's approval these costs shall be borne by Customer. Without such approval, the change order will not be processed.
Customer shall or may be required to execute selected Agreements with vendors and New World shall not confirm the ordering
of any Exhibit 1 products without Customer's authorized signature on the Agreements. Customer shall receive the benefit of all
warranties, services, etc. provided for in the Agreements.
ACKNOWLEDGED AND AGREED TO BY:
4:,,"_;.
By:
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By:
By
e ' ~.". " .Title
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Date:
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Date:
Each individual signing above represents that (s)he has the requisite authority to execute this Agreement on behalf of the
organization for which (s)he represents and that all the necessary formalities have been met.
Corporate: 888 West Big Beaver Road. Suite 600. Troy. Michigan 48084-4749.248-269-1000. www.newworldsystems.com
AGREEMENT AND AUTHORIZATION FOR PROCUREMENT
OF THIRD PARTY COMPUTER HARDWARE. PROPRIET ARY SOFTWARE AND SERVICES
EXHIBIT 1
CONFIGURA TION
~
1 Computer Processor
(1) IBM eServer 9406 Model 520 (Enterprise Edition) $77,771
- Modem
- Device Parity Protection (All)
- (4) V.24/EIA232 20' PCI Cable
- Operations Console PCI Cable
- Software Version V5R4
- #4328/#1268 Load Source Specify
- lW Serv Feat 520 lX8327/30
- Modem Cable - US/Canada
- Serial-UPS Conversion Cable
- DVD-ROM
- (4) 141GB 15K-rpm Disk Unit
- 16GB DDR2 Main Storage (4 X 4GB)
- Software Preload Required
- Sys Console on OP Console
- 1.8M Rack Trim Kit
- 200GB LTO-2 Internal Tape Unit
- Power Cord
- Enterprise Edition for #906 (1200/Max CPW)
- 520 Rack Mount (Customer to Utilize Existing Rack)
- 520 1.9GHz Processor
- PCI 2-Line WAN w/Modem No IOP
2
Uninterruptible Power Supply
N/A (Customer to Utilize Existing UPS System)
N/C
Total System Hardware
$77,771
(lcntibm box swap.doc)
CONFIDENTIAL
Page 2
City of Augusta, GA
~
ITEM DESCRIPTION TNVF,S:TMF.NT
1 System Software for IBM eServer iSeries V5R4
IBM Operating System/400
Backup and Recovery Media for iSeries
iSeries Access - Processor License
Query for iSeries
Websphere Development Studio for iSeries
DB2 Query Manager & SQL Development Kit
N/C - Box Swap
$880
N/C - Box Swap
N/C - Box Swap
N/C - Box Swap
N/C - Box Swap
Total System Software
$880
~
1 IBM SERVICES4
3 Year IBM ServiceSuite - Prepay, Renewable
- Includes IBM Hardware & Software Maintenance
$11,250
2
NEW WORLD PROFESSIONAL SERVICES
Customer Install - No New World Services Requested
N/A
Total Services
$11,250
Subtotal System Price
Less New World Customer Discount
TOTAL SYSTEM INVESTMENT
$89,901
($13,485)
$76.416
(lcntibm box swap.doc)
CONFIDENTIAL
Page 3
City of Augusta, GA
NOTES
I OS/400 Supports unlimited number of PC connections via Ethernet.
2 Customer must have a PC to be used as a system console that is attached to the iSeries 400.
3 Client Access for OS/400 V5R4 currently supports Windows XP client workstations. This quote
includes Client Access quoted on a per-processor (unlimited use) basis.
4 All proposed IBM hardware and peripherals include a minimum one-year warranty, unless
otherwise stated. IBM's Service Suite represents a significant cost savings over standard annual
maintenance. Maintenance is included in the IBM Service Suite package.
5 A detailed description of senJices to be performed is attached. Up to five days will be required to
perform the attached services. Travel expenses are not included.
6 The above hardware and system software costs assume the licensing of New World Systems'
application software and support as part of a complete solution.
7 The processor has been configured based on the proposed software. Additional disk and/or
memory may be needed should Customer elect to purchase additional software for the eServer
iSeries.
8 This configuration assumes the use of Customers existing peripherals. New World will be happy
to assist in the acquisition of additional hardware, which Customer may wish to purchase.
9 This configuration assumes that existing PCs operating on the LAN are equipped with Ethernet
Cards, and that there are no twin ax devices attached to the iSeries 400.
10 This configuration assumes that Customer has an IP-installed printer that could be used for
system printing capabilities.
11 A detailed study of Customer's current environment may reveal the need for additional hardware
and/or software for purposes of connectivity.
12 Cabling has not been proposed. Due to the various requirements in terms of cabling and
connections for different personal computers and printers as well as various local requirements
(i.e., building codes, use of union personnel, use of electricians, etc.), New World recommends
that the customer contract with a local firm for any cabling requirements. New World Systems
works closely with local vendors in this context providing them with the required specifications
and alerting them to any issues.
13 The above customer costs are subject to confirmation prior to contract execution.
(lcntibm box swap.doc)
CONFIDENTIAL
Page 4
City of Augusta, GA
I'~'
hp financidl services
nvent
Master Agre~ment Number 103557
Schedule ~umber 103557000004
COUNTERPART NO.1 OF 1. TO THE EXTENT THAT THIS SCHEDULE CONSTITUTES CHA TIEL PAPER (AS DEFINED ON TilE UCC). NO
SECURITYINTERESf IS THIS SCHEDULE ~IA Y BE CREATED TIIROUGII THE TRANSFER OR POSSESSION OF ANY COUJ\TERPART OTIIER
THAN COUNTERPART NO. 1.
Sf ATE AND LOCAL GOVERNMENT MASfER LEASE PURCHASE AGREEMENT
SCHEDULE
Hc\yletl-Packatd Financial Services Company (~Lessor'.') and City of Augusta, Georgia. an agency. department or political subdivision of tIle,Sulle of
Georgia ("lessee") are panies to the State and Local Government Master Le3SC Purchase Agreement identified by the Master Agreement Number specified above (the
~'Master Agreement"). This Schedule (which shall be ideJ1lified by the Sct,edule Number s?eCified above) and the Master Agreement together comprise a separate
Lease between the parties. The terms and ;onditions of the Master Agreement are hereby incorporated by reference into this Schedule. All capitalized terms used in
this Schedule without definition have the meanings ascribed to them in the Master Agreement.
l. LEASE.
^' Desrrintion nf Items nf Leased Eouinment .
Refer to New World Systems Quote for BOX SWAP 9406/800t6AJ3C.
Total
S76.416.00
B. Term: 36 Mcnths.
2. RENT. Sce Attachment A.
ANlWAL RATE OF INTERESf: 6.352%
3. ADVANCE RENT: NtA
4. LATEST CO~IMENCEMENT DATE: August 30. 2008. lessor's otligation to purehase and lease the Equipment is subject to the Acceptance Date being on or
before the laiest C o!:\mencelTlent Dat~.
5.
EQUIPMENT LOCATION:
c) ~ D (9r-ee NC,;
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/}N(y~'j: /},/Ol- &3 u-4r\ Gft.3df(jJ
6. SELLER: NEW WORLD SYSfEMS,
7. APPROPRI,\ TIONS: Monies for all Rent and other payments due under the Lease for the Fiscal Period ending / JJ ~"o'?are available from Lessee's
appropriated funds for such Fiscal Period arid that appropriations arid/or Other funds have been encumbered or.designa~ymcnt of all Rent and other
payments that shall becomc due under. the lease in suc~, Fiscal Period.
ADDlTIO;\/AL PROVISIONS:
The following language shall be insened into the terms of this Lease only:
S. The annual rate of interest \lsed to calculate the Rent payments in this Schedule is fixed through05/31i08 (the "hlitial Rate Expirntion Date'') and is calculated
usirg a 2-year US. Treasury Note yield rate of 2.47o/c (the "Initial Yield"). After the Initial Rate Expiration Date, the annual raie of interest applicable to this
Schedule may be adjusted if the Yield as indicated in the Feder-oil Reserve Board's Statistical Release, I.U5 - Selected Interest Rates. on the lease commencement
date or, if such Release' is not published on that date, on the last date immediately preceding the lease commencement dale that such Release is published (the
"Commencement Date. Yield") is different than the Initial Yield. Any such adjustment to the lease rate factor shall be on the following basis: If the
COr.lmencement Date Yield varies by at least 10 basis points from the bitial Yield. the lease rate factor implicit yield for calculation of the lease pa)menlS will bc
adjusted\!pward or downward, as applicable. in an amount equal to the difference betwCIln the Commencement Date Yield and Initial Yield and the amount of the
lease pa~inents\\;i11 be adjusted accordingly. Howevei, if the change ir. the amount of tile' lease payment that would result from such rate adjustment would be no
grealer than $5.00 per payment period, no adjustment shall be mace.
9. FISCAL PERIOD: I Ii I (j X' Iv 12/s1 )o~
I ' ..
lESSOR AGREES TO L~ASE TO lESSEE AND LESSEE AGREES TO LEASE FROM LESSOR THE EQUIPMENT DESCRIBED IN SECTION I.A ABOVE.
SUCH LEASE WILL BE GOVERNED BymE MASTER AGREEMENT AND.THIS SCHEDULE, INCLUDING mE IMPORTANT ADDITIONAL TERMS
AND CONDITIONS SET FORm ASOVE. IN mE EVENT OF ANY CONFLICT BETWEEN THE TERI'....IS OF THIS SCHEDULE AND THE MASTER
AGREEMENT, THE TERMS OF THIS SCHEDUlE'SHALL GOVERN. .LESSEE HEREBY REPRESENTS AND WARRANTS THAT ON AND AS OF THE
DATE HEREOF EACH OF THE REPRESENTATIONS AND WARRANTIES MADE BY LESSEE IN THE MASTER AGREEMENT ARE TRUE, CORRECT
AND COMPLETE. . . .'
-
LESSEE:
C.ITY ~ AY9U:T A, GEO,';
By: ~~,~
'Y,;\fJ:p 5. C.Of~vl.htVG"~
~ (~ (0 '.t Name and Title
Date
fk rf-V a(.
By'
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o.w~~ [..,\..I~~L""wu- ~'). $;..~<-\~W
lj Name and Tille \l -=t
neT '~, 'L9cf6
. Date
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MlPA '>-01-02
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hp financial services
invent
BILLING INFORMATION REQUEST
Master Agreement Number: 103557
. Schedule Number(s): 103557000004
IN ORDER FOR HEWLETI-PACKARD FINANCIAL SERVICES COMPANY TO PROPERLY! BILL AND CREDIT YOUR
ACCOUNT, IT IS NECESSARY THAT YOU COMPLETE THIS FORM AND RETURN IT WITH J!m SIGNED DOCUMENTS.
CUSTOMER LEGAL NAME: CITY OF AUGUSTA, GEORGIA
BILLING ADDRESS: 5' 3 fJ G r ~P-^'lQ S;;~ fH-.J N~ IJ..- /01
~6-U.>~. 61l '3cRO J .;
. I
ATTENTION: ( ().... \tV) Q J<O-. . a ~L 1'\,"".ve c!o'+ "",-..---r0
(Name of individual who will process payments)MtLE! -U
EMAILADDRESS: ~("'\"'~N @ &.~~g~.1JoV:
TELEPHONE: l(Jftr~11-2~~Z-. FAX: 16G-8~/-2S5()
EQUIPMENT LOCATION (INSTALLED):
STREET ADDRESS: ~ 3 0 Gcoe..~ ST: . ~ {}-)O J
CITY,STATE&ZJP:---.!hJ.?-/)(T'I+/ Gf1. "3 0Cl (;) /
. .
i
ARE YOU SALESIRENTAL TAX EXEMPT? Ve c, . i
IF SO, PLEASE ATIACH A COPY OF YOUR ~ND USE TAX EXEMPT CERTIFICAU AND RETURN WITH THIS
FORM. .
FEDERAL EMPLOYEE TAX IDENTIFICATION No. [FEIN}
ON - ~)e ..:. 5~ - 2-20Y27'/
SPECIAL INSTRUCTIONS:
;
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THANK YOU.
HEWLETI-PACKARD FINANCIAL SERVICES COMPANY
rY J ->i. CeJ
CUST It. SIGNATURE
~{
0680.1MWK
1601209
Master Agreement Number 103557
Schedule Nwnber.103557000004
ATTACHMENT A
TO
SCHEDULE TO STATE AND LOCAL GOVERNMENT MASTER LEASE PURCHASE AGREEMENT
The fll'st payment or Rent will be due on the Acceptance Date and aU payments will be due annually thereafter~
Payment Pavment Interest
Number Amount Portion
0
1 $27,055.84 $0.00
2 $27,055.84 $3,135.51
3 $27,055.84 $1,616.01
Princioal
Portion
! Concluding
I Balance
; $76,416.00
: $50 347.36
: $25,948.63
i' $0.00
$27,055.84
$23,920.33
$25.439.83
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Please note that the concluding payments include a prepayment premium of 2%, only payable in ~e case of early repayment of
the lease. ..
1
MLPA 9-0!..Q2
Form B038-GC
Information Return for Small Tax-Exempt ,
Governmental Bond Issues, Leases, and Installment Sal.s
~ Under Internal Revenue Code section 149(e)
OMB No. 1545-0720
(Rev. November 2000)
Caution: If the issue price of the issue is 5700,000 or more, use Form 8038-G. ]
Check bo if Amended Return ~ 0
2 Iss+r's employer identific;ation number
.: 2204274
'j
~
8a Issue price of obligation(s) (see instructions). . . . . . . . . . . . . !
b Issue date (single issue) or calendar year (consolidated) (see instructions) ~ no __ __ - __ no - - __.._j
9 Amount of the reported obligation(s) on line 8a: i
a Used to refund prior issue(s) .
b Representing a loan from the proceeds of another tax-exempt obligation (e.g., bond bank) 9b
10 If the issuer has designated any issue under section 265(b)(3)(B)(i)(lII) (small issuer exception), creck this box
11 If any obligation is in the form of a lease or installment sale. check this box . '
12 If the issuer has elected to a a enalt in lieu of arbitra e rebate, check this box .' .
3
Issuer's name
City of Augusta, Georgia
Number and street (or P.O. box if mail is not deUvered to street address)
530 Greene Street
"
6
Room/suite
5 Repprt number
5 ~ 08-01
7 TeIeJt10ne number of offIcer or legal representative
( ~06 ) 821.2338
o or on a consolidated basis 0 .
76,416.00
.~D
_ ~ III
.~D
Sign
Here
Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statem~. and to the best of my knowledge
and belief, they are true, correct, and complete. .,
~ ll/vvVl. ~ 9t...( a. ~Yyv)
, Issuer's authorized representative
7 -~'t')g"'" '~
Date ,
General Instructions
Thus, an issuer may file a separate Form
8038-GC for each of a number of small
issues and report the remainder of small
issues issued during the calendar year on one
consolidated Form 8038-GC. However, a
separate Form 8038-GC must be filed to give
the IRS notice of the election to pay a penalty
in lieu of arbitrage rebate.
When To File
To file a separate return, file Form 8038-GC
on or before the 15th day of the second
calendar month after the close of the
calendar quarter in which the issue is issued.
To file a consolidated return, file Form
8038-GC on or before February 15th of the
calendar year fOllowing the year in which the
issue is issued.
Late filing. An issuer may be granted an.
extension of time to file Form 8038-GC under
Section 3 of Rev. Proc. 88-10,1988-1 C.B.
635, if it is determined that the failure to file
on time is not due to willful neglect. Type or
print at the top of the form. "This Statement
Is Submitted in Accordance with Rev. Proc.
88-10." Attach to the Form 8038-GC a letter
briefly stating why the form was not
submitted to the IRS on time. Also indicate
whether the obligation in question is under
examination by the IRS. Do not submit copies
of any bond documents. leases, or installment
sale documents. See Where To File below.
Section references are to the Internal
Revenue Code unless otherwise noted.
Purpose of Form
Form 8038-GC is used by the issuers of
tax-exempt governmental obligations to
provide the IRS with the information required
by section 149(e).and to monitor the
requirements of sections 141 through 150.
Who Must File
Issuers of tax-exempt governmental
obligations with issue prices of less than
$100,000 must file Form 8038-GC. ,
Issuers of a tax-exempt governmental
obligation with an issue price of $100.000 or
more must file Form 8038-G, Information
Return for Tax-Exempt Governmental
Obligations.
Filing a separate return. Issuers have the
option to file a separate Form 8038-GC for
any tax-exempt governmental obligation with
an issue price of less than $100.000.
An issuer of a tax-exempt bond used to
finance construction expenditures must file a
separate Form 8038-GC for each issue to
give notice to the IRS that an election was
made to pay a penalty in lieu of arbitrage
rebate (see the line 12 instructions).
Filing a consolidated retum. For all
tax-exempt governmental obligations with
issue prices of less than $100,000 that are
not reported on a separate Form 8038-GC.
an issuer must file a consolidated information
return including all such issues issued within
the calendar year.
Where To File
File Form 8038-GC, and any attachments,
with the Internal Revenue Service Center,
Ogden. UT 84201.
Cat. No. 6410BB
i
Donna williams, Finance Director
"
Type or print ~ame and title
Other For~s That May Be Required
For rebating ~bitrage (or paying a penalty in
lieu of arbitra~ rebate) to the Federal
government, LISe Form 8038. T, Arbitrage
Rebate and ptnalty in lieu of Arbitrage
Rebate. For ptlvate activity bonds, use Form
8038, Inform~on Return for Tax-Exempt
Private Activit~ Bond Issues.
Rounding ~ Whole Dollars
You may sho~ the money items on this
return as whol!-dollar amounts. To do so,
drop any amo\int less than 50 cents and
increase any $nount from 50 to 99 cents to
the next higher dollar.
Definitions;
Obligations. 1l1is refers to a single
tax-exempt ~ernmental obligation if Form
8038-GC is u~ for separate reporting or to
multiple tax-e~mpt governmental obligations
if the form is l.ISed for consolidated reporting.
Tax-exempt ~Iigation. This is a bond,
installment puichase agreement. or financial
lease, on which the interest is excluded from
income under section 103.
Tax-exempt governmental obligation. A
tax-exempt obligation that is not a private
activity bond ($ee below) is a tax-exempt
governmental ~bligation. This includes a bond
issued by a ql.l8lified volunteer fire
department urtler section 150(e). .
Private act~ bone!. This includes an
obligation is5lltd as part of an issue in which: '
. More than lP'% of the proceeds are to be
used for any ptivate activity business use.
and '
]Form 8038-GC (Rev. 11-20(0)
Form 8038-GC (Rev. 11-2000)
Page 2
. More than 10% of the paym~nt of principal
or interest of the issue is either (a) secured
by an interest in property to be used for a
private business use (or payments for such
property) or (b) to be derived from payments
for property (or borrowed money) used for a
private business use.
It also includes a bond, the proceeds of
which (a) are to be used to make or finance
loans (other than loans described in section
141 (c)(2)) to persons other than governmental
units and (b) exceeds the lesser of 5% of the
proceeds or $5 million.
Issue. Generally, obligations are treated as
part of the same issue only if they are issued
by the same issuer, on the same date, and as
part of a single transaction, or a series of
related transactions. However, obligations
issued during the same calendar year (a)
under a loan agreement under which amounts
are to be advanced periodically (a
"draw-down loan'l or (b) with a term not
exceeding 270 days, may be treated as part
of the same issue if the obligations are
equally and ratably secured under a single
indenture or loan agreement and are issued
under a common financing arrangement (e,g.,
under the same official statement periodically
updated to reflect changing factual
circumstances). Also, for obligations issued
under a draw-down loan that meets the
requirements of the preceding sentence,
obligations issued during different calendar
years may be treated as part of the same
issue if all of the amounts to be advanced
under the draw-down loan are reasonably
expected to be advanced within 3 years of
the date of issue of the first obligation.
likewise, obligations (other than private
activity bonds) issued under a single
agreement that is in the form of a lease or
installment sale may be treated as part of the
same issue if all of the property covered by
that agreement is reasonably expected to be
delivered within 3 years of the date of issue
of the first obligation.
Arbitrage rebate. Generally, interest on a
state or local bond is not tax exempt unless
the issuer of the bond rebates to the United
States arbitrage profits earned from investing
proceeds of the bond in higher yielding
nonpurpose investments. See section 148(f).
Construction issue. This is an issue of
tax-exempt bonds that meets both of the
following conditions:
1. At least 75% of the available
construction proceeds of the issue are to be
used for construction expenditures with
respect to property to be owned by a
governmental unit or a 501 (c)(3) organization,
and
2. All of the bonds that are part of the issue
are qualified 501 (c)(3) bonds, bonds that are
not private activity bonds, or private activity
bonds issued to finance property to be
owned by a governmental unit or a 501 (c)(3)
organization.
In lieu of rebating any arbitrage that may
be owed to the United States, the issuer of a
construction issue may make an irrevocable
election to pay a penalty. The penalty is equal
to 1 '12% of the amount of construction
proceeds that do not meet certain spending
requirements. See section 148(f)(4)(C) and the
Instructions for Form 8038- T.
Specific Instructions
In general, a Form 8038-GC must be
completed on the basis of available
information and reasonable expectations as
of the date the issue is issued. However,
forms that are filed on a consolidated basis
may be completed on the basis of information
readily available to the issuer at the close of
the calendar year to which the form relates,
supplemented by estimates made in good
faith.
Part I-Reporting Authority
Amended return. If this is an amended Form
8038-GC, check the amended return box.
Complete Part I and only those lines of Form
8038-GC that are being amended. Do not
amend estimated amounts previously
reported once the actual amounts are
determined. (See the Part II instructions
below.)
Line 1. The issuer's name is. the name of the
entity issuing the obligations, not the name of
the entity receiving the benefit of the
financing. In the case of a lease or installment
sale, the issuer is the lessee or purchaser.
Line 2. An issuer that does not have an
employer identification number (EIN) should
apply for one on Form 55-4, Application for
Employer Identification Number. This form
may be obtained at Social Security
Administration offices or by calling
1-800-TAX-FORM. If the EIN has not been
received by the due date for Form 8038-GC,
write "Applied for" in the space for the EIN.
Line 5. After the preprinted 5, enter two
self-designated numbers. Number reports
consecutively during any calendar year (e.g.,
534, 535, etc.).
Part II-Description of
Obligations
Line 8a. The issue price of obligations is
generally determined under Regulations
section 1.148-1 (b). Thus, when issued for
cash, the issue price is the price at which a
substantial amount of the obligations are sold
to the public. To determine the issue price of
an obligation issued for property, see
sections 1273 and 1274 and the related
regulations.
Line 8b. For a single issue, enter the date of
issue, generally the date on which the issuer
physically exchanges the bonds that are part
of the issue for the underwriter's (or other
purchaser's) funds; for a lease or installment
sale, enter the date interest starts to accrue.
For issues reported on a consolidated basis,
enter the calendar year during which the
obligations were issued.
*
Lines 9a andSb. For line 9a, enter the
amount of the! proceeds that will be used to
pay principal, Interest, or call premium on any
other issue ofibonds, including proceeds that
will be used to fund an escrow account for
this purpose.~oth line 9a and 9b may apply
to a particular'obligation. For example, report
on line 9a and 9b obligations used to refund
prior issues which represent loans from the
proceeds of apother tax-exempt obligation.
Line 11. Chad< this box if property other than
cash is exch~ged for the obligation, e.g.,
acquiring a pdlice car, a fire truck, or
telephone eqlipment through a series of
monthly payrrtlnts. (This type of obligation is
sometimes ref!:lrred to as a "municipal lease. '1
Also check ~ box if real property is directly
acquired in ellthange for an obligation to
make periodiq payments of interest and
principal. Do !k)t check this box if the
proceeds of tile obligation are received in the
form of cash, even if the term "lease" is used
in the title of \he issue.
Line 12. cheCk this box if the issue is a
construction iSsue and an irrevocable election
to pay a penah in lieu of arbitrage rebate
has been made on or before the date the
bonds were isf;ued. The penalty is payable
with a Form 8Cl38-T for each 6-month period
after the datethe bonds are issued. Do not
make any pa}'l11ent of penalty in lieu of rebate
with Form 80~-GC. See Rev. Proc. 92-22,
1992-1 C.B. 736, for rules regarding the
"election docmlent:'
Paperwor~ Reduction Act Notice
We ask for thf information on this form to
carry out the Internal Revenue laws of the
United State~'IYou are required to give us the
information. vwe need it to ensure that you are
complying w~ these laws.
You are noli required to provide the
information r:i\uested on a form that is
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Learning aboljrt the
law or the fOl11t
Preparing ~ form
Copying, as~mbling. and
sending the f+rm to the IRS . 16 min.
If you have tomments concerning the
accuracy of t1~se time estimates or
suggestions fcj making this form simpler, we
would be hapllY to hear from you. You can
write to the T~ Forms Committee, Western
Area Distribut/(ln Center, Rancho Cordova,
CA 95743-00Q1. Do not send the form to this
address. Inst~d, see Where To File on
page 1. .
1 hr., 58 min.
. 3 hr., 3 min.
OPINION OF LEGAL COUNSEL
[This form is not to be executed but is
to be retyped on the letterhead of Legal Counsel.]
To: Hewlett-Packard Financial Services Company
420 Mountain Ave., P.O. Box 6
Murray Hill, NJ 07974-0006
Re: State and Local Government Master Lease Purchase Agreement
Lease No. 103557~ Schedule No. 103557000004 (the "Lease")
Ladies and Gentlemen:
I am Legal Counsel for City of AU2Usta. Georeia ("Lessee"), and I andamiliar with the above-
referenced Lease by and between Hewlett-Packard Financial Services Company, ~s Lessor, and Lessee.
Capitalized terms which are not defined herein shall have the meanings given these te~ in the Lease.
Based on my examination of the Lease and such other documents, records and bapers as I deemed to be
relevant and necessary as the basis for niy opinion set forth below, it is my opinion that:; .
1.
Georeia.
Lessee is a fully constituted political subdivision or agency or dePfrtment of the State of
The Lessee has the power and authority to enter into each of the Funda~ntal Agreements.
3. Each of the Fundamental Agreements constitutes a legal, valid and binding obligation of Lessee
enforceable in accordance with its terms and does not violate or create a default ~der any instrument or
agreement binding on Lessee.
2.
4. There are no pending or threatened actions or proceedings before any court or administrative
agency that could have a material adverse effect on Lessee or any Fundamental Agreement.
5. The entering into and performance of the Lease is not contrary to ud does not violate any
judgment, order, law or regulation or constitute a default by Lessee under any other agre~ent or instrument.
6. Each Fundamental Agreement is effective against all creditors of Lessee under applicable law,
including fraudulent conveyance and bulk transfer laws. .
7. The Equipment is personal property and will not become a fixture.
8. With respect to the Lease, Lessee has fully complied with all applicable law governing open
meetings, public bidding and appropriations required in connection with the Lease and the acquisition of the
Equipment. .
Very truly yours,
By: U~.~
Title: M;4-'f ~ :
Date: g' ( ~ (~
MLP A Opinion 09-01-02
M'
hp financial services
invent
Insurance Information Request Form
ame:
2co~
Telephone Number:
Fax Number:
Insurance Broker I Agent:
We have entered into a State and Local Govemment Master Lease Purchase Agreement NLmber 103557 with Hewlett-
Packard Financial Services Company for the leaselfinance of computer equipment, components, accessories and related
peripherals (the "Equipment").
Please insure the Equipment, issue a written endorsement naming Hewlett-Packard Financial S~ices Company as Additional
Insured and Loss Payee, and state that each policy shall provide Hewlett-Packard Financial Services Company with at least
thirty (30) days prior written notice of any material changes in coverage, cancellation or non-rene>.tal. The policy should include
the following endorsement:
j'
!
"The insurance under this policy shall be primary insurance and the company insurer shall belliable under this policy for the
full amount of the loss up to and including the total limits of liability herein without right of contribution from any other
insurance effected by Hewlett-Packard Financial Services Company under any policy with anY, insurance company covering
a loss covered under this policy: ;
Please provide Hewlett-Packard Financial Services Company with proof of insurance in the fo~ of a certificate of insurance.
The certificate should include proof of the following: .
...!... Physical Damage (All Risk) in an amount not less than the replacement value of the ~quipment leased or financed
from Hewlett-Packard Financial Services Company under the State and Local Governfnent Master Lease Purchase
Agreement Number referenced above ;
:~
.lL Bodily Injury and Property Damage Liability with limits of no less than $2,000, 000. OOltotal liability per occurrence
. X Deductibles not to exceed $25,000.00
,
If Hewlett-Packard Financial Services Company requests additional or updated .certificates in t~e future, you should provide
such certificates to Hewlett-Packard Financial Services Company. .
Forward certificate(s) of insurance to: Hewlett-Packard Financial Services Company
420 Mountain Avenue, P.O. Box 6
Murray Hill, NJ 07974
Attn: Tope Olaleye
PLEASE FAX COPY TO: 908-898-4167
Lessee/Insured: CITY OF AUGUSTA, GEORGIA
By: cJ) ~4 V--
Print NamefTitle: "PA..I;t:p S .. C 6?e":> H A v~
~ Date: g 11:, {~~ ,2008 . ..~
~ [Please forward a copy of this Insurance Information Request Form to your Broker/Agent immediately and return the original
~ with the executed lease documents.]'
0680.1MWK
1601209
....~
. of;
~of~..~Li;:V"~ Donna B. Williams, CGFM
. Director, Finance Department
FINAfiCE DEPARTMENT
RISK MANAGEMENT DIVISION
Sandra M. Wright, CWCP
Risk Ma"agement Manager
April 23, 2008
AS OF April 23, 2008
STATEMENT OF UABIUTY COVERAGE
AUGUSTA COMMISSION
;
The Augusta Commission does not carry commercial Insurance coverj!ge on its
fleet, equipment or machinery. Damages to property are handled fn.j.house
through the Risk Management Division of the Finance Department ~"d available
funds are used to repair or replace damaged items. Under lease agreements,
the Augusta Commission will fulfill its obligation under the lease agreement as
If there were insurance to cover the loss. .
Liability claims are handled in-house through the Risk Management Qivision
and any settlement awards are paid from available Commission fund..
Please be advised that the Augusta Commission is entitled to the defense of
sovereign immunity. .
,
17 /:-VlA1 t7...~ (I) L Jl.{!~ C r'A A
Donna B. Williams
Director
.v-2..3,b~
Date'
530 Greene Street, Room 2] 7 Augusta, Georgia 30911 (706) 82]-2301 (Office) (706) 82].2502 (Fax)
WWW.AUQUSTAGA.GOY
~a'
hp fi nand a I services
i II veIl I
INCUMBENCY CERTIFICATE
(State and Local Government Master Lease Purchase Agreement)
I, the undersigned being the duly appointed and acting Secretary or Clerk of CITY OF AUGUSTA, GEORGIA
("Lessee"), DO HEREBY CERTIFY that (i) I have custody of the records of Lessee; and (ii) based on an examination of
such records of Lessee as of the date set forth below, the following persons in the respective capacities indicated opposite
their names have been authorized to execute, with full authority to bind the Lessee to the State and Local Government
Master Lease Purchase Agreement between Lessee and Hewlett-Packard Financial Services Company as lessor ("Master
Agreement"), and all other agreements, documents and instruments executed and delivered and to be executed and
delivered in connection therewith, including without limitation, the Master Agreement, any Schedules and Acceptance
Certificates (as such terms are defined in the Master Agreement; collectively referred to as the "Documents"); and (iii) the
signature set forth opposite such individual's name and title/office is the true and authentic signature of that individual;
and (iv) each such individual has (and had on the date each such individual affixed his or her signature to the Documents)
the authority to enter into the Documents on behalf of the Lessee.
Name
Title/Office
Signature
vAv'1::-]> s. Cof-C.uH:1 J~.t.
Mayor
cflxx', ~
On behalf of Lessee, I hereby certify the due and effective ratification, approval, and confirmation of all such acts
and things that any of the above-referenced persons has done or may do in connection with the matters outlined above
prior or subsequent to the date of this Certificate. I do further certify that the foregoing authority shall remain in full force
and effect, and Hewlett-Packard Financial Services Company shall be entitled to rely upon same, until written notice of
the modification, rescission or revocation of same, in whole or in part, has been delivered to Hewlett-Packard Financial
Services Company, but no such modification, rescission or revocation shall, in any event, be effective with respect to any
documents executed or actions taken in reliance upon the foregoing authority prior to the delivery to Hewlett-Packard
Financial Services Company of said written notice of said modification, rescission or revocation. The execution and
delivery of the Documents for and on behalf of Lessee is not prohibited or in any manner restricted by any law, ordinance
or regulation.
IN WITNESS WHEREOF, I have duly executed this Incumbency Certificate and affixed Lessee's seal hereto this_
13 day of August ,2008.
Secretary/Clerk or duly elected or appointed and acting officer (or duly authorized
designee of such officer) of
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Signature: ~ ~/
Print Name: Lena J. Bonner
Title: Clerk of Commission
[TO BE EXECUTED BY PERSON OTHER THAN INDIVIDUAL (S) NAME IN BOX
ABOVE].
Incumbency Certificate 11-02