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09-076 Pitney Bowes Postage Machine ContractPitney Bowes Engineering the flow of communicaHon•- WSCA Installment Option A Agreement Account # 60 r ~ I ~ I ~ ~ I Your Business Information CAN # ORDER # rITY OF CUPERTINO Full Legal Name of renter DBf~ Name of renter Tax ID # (FEIN/TIN) 10300 TORRE AVE CUPERTINO CA 95014-3255 Billing Address City State Zip+4 ( ) ext 22884240205 Billing Contact Name Billing Contact Phone # Billing CAN # 10300 TORRE AVE CUPERTINO CA 95014-3255 Installation Address (1/different from billing address) City State Zip+4 Julia Knist (4Ci8) 777 3225 ext _ 22884240205 Installation Contact Name Installation Contact Phone # Installation CAN # Credit Card # Nane on Card Exp Date Type of Card Tax Exempt # Stale Tax (if applicable) Fiscal Period (from - to) Your Business Needs Qty 1 Business Solution De Mail Stream Solution - 3 DM925 WOW Digital Mail g y 1 IntelliLink Intertace / PSD for DM500-DM1100 w/PP (NTF) 1 INVIEW Accounting - 100 Accounts 1 15 Ib Intertaced Weighing 1 USB Hub 1 e-Return Receipt Reference Number Feature Oniy 1 e-Return Receipt Reference Number Desktop Package w/ D Additional Items on following page Software Maintenance (lstyear included) Provides revision updates and technical assistance Soft-Guard®Subscription Provides postal and carrier updates I(you da not elect to include Soft-Guard® pmtedion with your lease, you will automatically receive updates at the then-curcent rates IntelliLinkTM Subscription/Meter Rental Provides simplified billing and includes ()resets per year (X) Confirmation Services ElecUOnic access to postal conflnnation service (X) Purchase Power Receive an Invoice for postage,consolidated billing end enhanced management reporting Information. Your Payment Plan Number of months Monthly amount First 60 $641.08 received Your Acknowledgement BY your signature below, you are entering into an Installment Lease Agreement pursuant to your Participating Addendum to the WSCA Contract # EPS050076•A2-2. The Terms and Conditions of such WSCA Installment Lease Agreement Option A govern this transaction. Signature Dale ~ Carol Atwood Dir of Admin Services Print Name Title Email Address Nancy Phillips 004 Account Rep District Office PBGFS Acceptance SCflptiOn Check items to be Included in customer's payment Equipment Maintenance (1st year included) In S stem Provides service coverage inducting certain parts and labor ()Required advance check of $ ( )Tax Exempt certificate attached Initial rental term Pugs:, 1 Fy~~ ~~mein V~nacr 'iti~~y Hewes r~ WSCA OPTION A Force (Rev.04Pod) ~~u ~;a t g i i pa.~as ~ uis an 1 ~o~~.io s F,r ilc~ ,~,~ 1 ~.~~s c~ ~ . L'a000 Pitney Bowes Engineering the flaw of communication° WSCA Installment Option A Agreement Account # 60 Your Business Information CAIJ # ORDER # CITY OF CUPERTINO Full Legal Name of renter DBA Name of renter Tax ID # (FEIN/TIN) 10300 TORRE AVE CI,iPERTINO CA 95014-3255 Billing Address City State Zip+4 ( 1 ext 22884240205 Billing Contact Name Billing Contact Phone # Billing CAN # 10300 TORRE AVE CI,iPERTINO CA 95014-3255 Installation Address (ll different Irom billing address) City State Zip+4 Julia Knist (4C18) 777 3225 ext _ 22884240205 Installation Contact Name Installation Contact Phone # Installation CAN # Credit Card # Name on Card Exp Date Type of Card Tax Exempt # Sta°.e Tax (if applicable) Fiscal Period (from - to) Your Business Needs 1 Confirmation Services Training (DM800/900/1000) 1 15/30 Ib Weighing Platform 1 Drop Stacker for DM900, DM1000 1 IntelliLink Subscllption with Value Based Services 1 INVIEW MMS Setup Fee 1 INVIEW -Single Meter 1 INVIEW Reporting 1 TPM - up to 5 non-PB meters Additional Items on following page Pitney Bowes Engineering the flow of communication ^' WSCA Installment Option A Agreement Account # 60 Your Business Information CAIJ # ORDER # CITY OF CUPERTINO Full Legal Name of renter DBA Name of renter Tax ID # (FEIN/TIN) 10300 TORRE AVE CI,iPERTINO CA 95014-3255 Billing Address City State Zip+4 ( l ext 22884240205 Billing Contact Name Billing Contact Phone # Billing CAN # 10300 TORRE AVE CIIPERTINO CA 95014-3255 tnstallation Address (Ifdiflerentirom billing address) City State Zip+4 Julia Knist (4(18) 777 3225 ext _ 22884240205 Installation Contact Name Installation Contact Phone # Installation CAN # Credit Card # Narne on Card Exp Date Type of Card Tax Exempt # Stare Tax (if applicable) Fiscal Period (from -to) Your Business Needs 1 I INVIEW Subscription Form 8038-GC Information Return for Small Tax-Exempt Governmental Bond Issues, Leases, and Installment Sales OMB No. 1545-0720 (Rev. November 2000) Under Intemal Revenue Code section 149(e) Department of the Treasury Internal Revenue Service Caution: If the issue price of the issue is 9100,000 or more, use Form 8038-G. Reporting Authority Check box if Amended Return ^ 1 Issuer's name 2 Issuer's employer identification number CITY OF CUPERTINO 3 Number and street (or P.O. box if mail is not delivered to street address) Roomisuite 10300 TORRE AVE 4 City town or post office, state, and ZIP code 15 Report number Cl1PERtINO CA 95014-3255 5 6 Name and title of officer or legal representative whom the IRS may call for more information 7 Telephone number of officer or legal representati~ Description of Obligations Check if reporting: a single issue lJ or on a consolidated basis LJ . 8a Issue price of obligation(s) (see instructions) ............................................... 8a b Issue date (single issue) or calendar year (consolidated) (see instructiDns) ~ ................. . 9 Amount of the reported obligation(s) on line 8a: a Used to refund prior issue(s) ........................................................... 9a 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)(III; (small issuer exception), check 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 pay a penalty in lieu of arbitrage rebate, check this box .................................... . Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge Sign and belie hey are true, correct, and complete. ~ ~ ~^ o~ Here ' ~~ ~ ~a~_ _ _ 7 - T~.~ '~rol A ,f~-c.~ood ~Q.n.'~ ~~cS Issuer' authorized representa~ Date Type or print name and title General Instructions Section references are to the Intemal 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 Forth 8038-GC. Issuers of atax-exempt governmental obhgation 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 Fonn 8038-GC for any tax-exempt governmental obligation with an issue price of less than $100,000. An issuer of atax-exempt bond used to finance construction expenditures must file a separate Form 8038-CiC for each issue to give notice to the II2S that an election was made to pay n penalty in lieu of arfiitrage rebate (see the line 12 instructions). Filing a consolidated return. 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. Thus, an issuer may file s separate Form 8038-GC for each of a number of small issues and report the remainder of small issues issued during the calendar dear on one consolidated Form 8038-GC. However, .t separate Form 8038-GC must be filed to give the II2S 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 1 Sth 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 ma}• be granted an extension of time to file Form 8038-CiC 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:' Afseh to the Fonn 8038- GC aletter briefly stating why the form was not submitted to the IRS on time. Also indicate whether the obhgation in question i:i under examination by the II2S. Do not submit curies of any bond documents, leases, or instal Invent sale documents. See Where To File beloN. Where To File File Forth 8038-GC, and auy attachments, with the Internal Revenue ;iervice Cen[er, Ogden, UT 84201. Other Forms That May Be Required For rebating arbitrage (or paying a penalty in lieu of arbitrage rebate) to the Federal government, use Form 8038-T, Arbitrage Rebate and Penalty in Lieu of Arbitrage Rebate. For private activity bonds, use Fomt 8038, Information Return for Tax- Exempt Private Activity Bond Issues. Rounding to Whole Dollars You may show the money items on this return as whole-dollar amounts. To do so, drop any amount less than 50 cents and increase any amount from 50 to 99 cents to the next higher dollar. Definitions Obligations. This refers to a single tax-exempt governmental obligation if Form 8038- GC is used for separate reporting or to multiple tax- exempt governmental obligations if the form is used for consolidated reporting. Tax~xempt obligation. This is a bond, installment purchase agreement, or financial lease, on which the interest is excluded from income under section 103. Tax~exempt governmental obligation. Atax- exempt obligation that is not a private activity bond (see below) is atax-exempt gavemmental obligation. This includes a bond issued by a qualified volunteer fire department under section 150(e) Private activity bond. This includes an obligation issued as part of an issue in which: • More than 10% of the proceeds are to be used for any private activity business use, and Cat. No. E~4108B Form 8038-GC (Rev.11-2000) Form 8038-GC (Rev. I 1-2000) ' More than 10% of the payment 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") 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 arcangement (e. g., under the same official statement periodically updated to reflect changing factual circumstances). Also, for obligations issued under adraw-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 Srst 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 qual~ed 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(cx3) organization. In lieu of rebating any arbitrage'~Zt may be owed to the United States, the issuer of a construction issue may make an ircevoeable election to pay a penalty. The penalty is equal to 1 % of the amount of construction proceeds that do not meet certain spending requirements. See section 148(fx4XC) 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 thr. 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 [and only those lines of Farm 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. ) L'Ine 1. The issuer's name is thr, name of the entity issuing the obligations, not the name of the entity receiving the benefit of the financing. Tn the case of a lease or installmen: 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 Fomt SS-4, Application for Employer Identification Number. This form may be obtained at Social Security Administration offices or by calling 1-800-TAR-FORM. If the EIN has not been received by the due date for Form 8038-GC, write "Applied for" in the space for the EQ~I. Line 5. After the preprinted 5, safer 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 1'or 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. L'Ine 8b. For a single issue, enter the date of issue, generally the date on whi~~h 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 Page 2 L'Ines 9a and 9b. For line 9a, enter the amount of the proceeds that will be used to pay principal, interest, or call premium on any other issue of bonds, including proceeds that will be used to fund an escrow account for this purpose. Both line 9a and 9b may apply to a particular obligation. For example, report on line 9a and 96 obligations used to refund prior issues which represent loans from the proceeds of another tax- exempt obligation. Line 11. Check this box if property other than cash is exchanged for the obligation, e. g., acquiring n police car, a fire truck, or telephone equipment through a series of monthly payments. (This type of obligation is sometimes refereed to as a "municipal lease. ") Also check this box if real property is directly acquired in exchange for an obligation to make periodic payments of interest and principal. Do not check this box if the proceeds of the obligation are received in the form of cash, even if the term "lease" is used in the title of the issue. Line 12. Check this box if the issue is a construction issue and an irrevocable election to pay a penalty in lieu of arbitrage rebate has been made on or before the date the bonds were issued. The penalty is payable with a Form 8038-T for each 6-month period after the date the bonds are issued. Do not make any payment of penalty in lieu of rebate with Form 8038-GC. See Rev. Proc. 92-22, 1992-1 C.B. 736, for rules regarding the "election document." Paperwork Reduction Act Notice We ask for the information on this form to carcy out the Internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with these laws. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. The time needed to complete and file this form varies depending on individual circumstances. The estimated average time is: Learning about the law or the form .....................1 hr., 58 min. Preparing the form .................3 hr., 3 min. Copying, assembling, and sending the form to the IRS ...........16 min. If you have comments concerning the accuracy of these lime estimates or suggestions for making this form simpler, we would be happy to hear from you. You can write to the Tax Forms Committee, Western Area Distribution Center, Rancho Cordova, CA 95743-0001. Do not send the form to this address. Instead, see Where To File on page 1. PURCHASE ORDER 10300 Torre Avenue Cupertino, CA 95014-3255 (408)777-3219 CUPERTINO V ~ 546 N PITNEY BOWES INC p P O BOX 856179 p LOUISVILLE KY 40285-6179 R~ PURCHASE ORDER NO. 00056429 PAGE NO. 1 H ~ CITY OF CUPERTINO 1 CITY HALL P 10300 TORRE AVENUE TO ~ CUPERTINO CA 95014 ATTN: ORDER DATE: 07~03~09 BUYER: GRACE SCHMIDT REQ. NO.: 0 REQ. DATE: TERMS: NET 30 DAYS F•O•B•~ DESTINATION DESC.: ITEM# QUANTITY UOM DESCRIPTION UNIT PRICE EXTENSION .:b1< 1 00 ''DM925 WOW DIGITAL MAILING SYSTEM 1ST OF $t~~:(~,>~~IfJ~1` 8, 000.00 '`<5 YEAR LEASE BEG OCT 1. THIS PO COVERS 7/1/09-6/30/10 .MONTHLY AMOUNT $640.09 NOT TO EXCEED ,'$8,000 ANNUALLY ACCOUNT 0111104310 AMOUNT 7013 8,000.00 APPROVED 13Y PROJECT CODE PAGE TOTAL $ TOTAL $ 8,000.00 8,000.00 UNITED STATES POSTAL SERVICE e Bulk Proof of Delivery Application Bulk Proof of Delivery provides mailers the opportunity to receive proof of delivery (delivery record) Information in bulk. Participation is limited to mailers who use a Mailer ID in their labels or in an electronic file. Mailers previously registered with the Postal Service may use their existing DUNS Number as their Mailer ID. Customers not previously registered with the Postal Service will be assigned a Mailer ID. Mailers must complete a certification process and/or authorization process to participate. See Pub. 80, Bulk Proof of Delivery Program, for general program details. See Pub. 91, Confirmation Services Technical Guide, for certification details. The company/mail owner (not a third -party designee) must complete this form. See Page 2 for instructions on completion. Please print or type when completing this form. B. Mailer Information 1. Company Name7. Ct-� 61 Cts er-h no (Please print or type) Today's Date Jvne 18, 200 2 Mailer ID (obtained from Po tal Service) 8. Point of Contact Krnbe6r 3. Street Address (Number, street, suite. apt., etc.) 9. E-mail Address of Company Point of Contact 10300 -Torre, Pr\jenue ki+mberlLy s®(ru e.cfitnc) or 10. Telephone Number and Extension 40 6 - 7 77- 3 2.1-7 4. City 5. State IP+4� 11. Fax Number/Vendor Software or Shipping System CvperA-ino GfA N5,ciH-32S5 408- 777- 33&Q a fa./c C. Delivery Preferences and Methods 12. Delivery Preference 13. Electronic File Submission ® Send Records to Third -Party Designee ❑ Send Records to Mailer I ❑ Yes, by Mailer 0 Yes, by Third -Party Designee ❑ No 14. Are you currently certified to print your own labels or to send and/or receive files electronically with the Postal Service? ❑ a. Yes, I am certified to print my own labels and/or send my own electronic files (if applicable). X b. No, a third -party designee prints my labels and/or sends my electronic files (if applicable) If you selected option 14b, or if you selected the third -party designee option in item 12, provide the information on your third -party designee below. PITNEY BOWES (Third -party Designee Company Name) 203-460-9905 082133393 'This number must be (Thad -party Designee Fax Number) (Third -party Designee DUNS NumbeNMailer IDI) different than your DUNS Number.'Mager ID, which must be listed in Section B, above. (Third -party Contact Name) (Third -party Telephone Number) 15. Mailers with more than one DUNS Number/Mailer ID or mailing location may wish to consolidate all proof of delivery records into one Signature Extract File or CD-ROM. if you are interested in this feature, please complete this section. Use an extra formlattachment if necessary. ❑ I want records for the DUNS numbers/Mailer IDs listed below consolidated into the DUNS Number/Mailer ID listed in Item 2 above: 16a. Method of Record Delivery (ED1 is not available at this time.) I 16b. Record Grouping: ElCD-ROM® Signature Extract file (via File Transfer Protocol --FTP) ❑ Individual Records ❑ Combined Records (default) 17. Express Mail and/or Special Services(* -Users must pay additional fees for each record for the four services indicated --see Pub. 80 for details.) ❑ Express Mailt (manifest mailers only) ® 'Certified Mail Tee ❑ Signature Confirmation"' Service ❑ *COD Mail ❑ *Insured Mail ❑ *Registered MailTt^ 18. Payment Methods (Select payment method a or b) For additional information, see instructions for item 18 on Page 2 of this form.) ® a. Payat Mailing ® Meter ❑ PC Postage ❑ b. Pay as Compiled f1 Credit Card (Must complete PS Form 5054, BPOD Payment Authorizatie tx, nwn ui nieu wniNt=rcu iuuu ru. Questions about completing this farm? Call Confirmation CONFIRMATION SERVICES SUPPORT Services Support at 877-264-9693, Option 1. NATIONAL CUSTOMER SUPPORT CENTER UNITED STATES POSTAL SERVICE 20. Notes/Comments: (Use an attachment if necessary.) 6060 PRIMACY PARKWAY SUITE 201 MEMPHIS TN 38188-0001 Fax Number: 901-821.6244 21, Requesto'r's Signature DELIVERY.CON FI RMATION@ USPS. GOV v/ " — _. /,_0 A 1" Name and Title 123. Phone Number and Extension 124. Area and District PS Form 5053, November 2007 (Page 1 of 2) Privacy Notice: See our Privacy Policy on usps.con-P Pitney Bowes 11 rr-- Engineei•liig the flow ofcornmunication- Your Business Information WSCA Installment Option A Agreement Account # 60 CAN # ORDER # CITY OF CUPERTINO Full Legal Name of renter DBA Name of renter Tax ID # IFEIN/TIN) 10300 TORRE AVE CUPERTINO CA 95014-3255 Billing Address City State Zip+4 Billing Contact Name Billing Contact Phone # Billing CAN # 10300 TORRE AVE CUPERTINO CA 95014-3255 Installation Address (Ifdifferentfrom billing address) C ity State Zip+4 Kc rnb f I(ri t Z V� �Jo a - �7 7 7 - 3 a -7 22884240205 Installation Contact Name Installation Contact Phone # ' Installation CAN # 444418 aa9 a 73?9 5436 KrrnJ' etrie. SmA o1/il Credit Card # Name on Card Exp Date Type of Card t!o0,.1, 7342 If -SUne, Tax Exempt # Your Business Needs 1 I INVIEW Subscription State Tax (if applicable) Fiscal Period (from - to) Pitney Bowes Engineering the flow of communication- WSCA Installment Option A Agreement Account# 60 CA 95014-3255 Installation Address (If different from billing address) Your Business Information State Zip+4 K i Yy►b e,f I y S m tTn H08-777- 3 Z i 22884240205 Installation Contact Name 4fyr a aaQa 7379 5 38 Installation Contact Phone # Klmmarie Sm1 CAN # ORDER # CITY OF CUPERTINO Name on Card Exp Date Full Legal Name of renter DBA Name of renter Tax ID # (FEIN/TIN) 10300 TORRE AVE CUPERTINO CA 95014-3255 Billing Address City State Zip+4 Billing Contact Name Billing Contact Phone # Billing CAN # 10300 TORRE AVE CUPERTINO CA 95014-3255 Installation Address (If different from billing address) City State Zip+4 K i Yy►b e,f I y S m tTn H08-777- 3 Z i 22884240205 Installation Contact Name 4fyr a aaQa 7379 5 38 Installation Contact Phone # Klmmarie Sm1 Installation CAN # OI/tt ✓1.50 - Credit Card # Name on Card Exp Date Type of Card Tax Exempt # —�� 7 3 lY / 9 State Tax (if applicable) Fiscal Period (from - to) —7'u ly -J-L) vie. Your Business Needs Qty Business Solution Description Check Items to be Included In customer's payment Mail Stream Solution - 3 n Equipment Maintenance (1st year Included) 1 DM925 WOW Digital Mailing System Provides service coverage including certain parts and labor 1 IntelliLink Interface / PSD for DM500-DM1100 vv/PP (NTF) 1 INVIEW Accounting - 100 Accounts 1 15 Ib Interfaced Weighing 1 USB Hub 1 e -Return Receipt Reference Number Feature Only 1 e -Return Receipt Reference Number Desktop Package w/ D Additional Items on following page Your Payment Plan Number of months =Monthly amount First 60 $640.09 Your Acknowledgement Software Maintenance (1st year Included) Provides revision updates and technical assistance x❑ Soft -Guard® Subscription Provides postal and carrier updates If you do not elect to Include Soft -Guard® protection with your lease, you will automatically receive updates at the then -current rates ❑x InteIIILinkTM Subscription/Meter Rental Provides simplified billing and includes( )resets per year (X) confirmation Services Electronic access to postal confirmation service: (X) Purchase Power Receive an invoice for postage,consolidated billinl and enhanced management reporting information. () Required advance check of $ received ( ) Tax Exempt certificate attached Initial rental term By your signature below, you are entering Into an Installment Lease Agreement pursuant to your Participating Addendum to the WSCA Contract # EPS050076-A2-2. The Terms and Conditions of such WSCA Installment Lease Agreement Option A govern this transaction. -3-one- I,8' -?_C09 Signature r, - Date }� mbe'6� Smt`ya k( Mbe.rl s coPeft lno.or9 Print Name Title Email Address Nancy Phillips Account Rep WSCA OPTION A Form (Rev.04/08) 004 District Office Sar.:aoc�. .. I:dy.s o .i. url G�irns PBGFS Acceptance Pitney Bowes Engineering the flow of communication- WSCA Installment Option A Agreement Account # 60 Your Business Information CAN # ORDER # CITY OF CUPERTINO Full Legal Name of renter DBA Name of renter Tax ID # (FEIN/TIN) 10300 TORRE AVE CUPERTINO CA 95014-3255 Billing Address City State Zip+4 Billing Contact Name Billing Contact Phone # Billing CAN # 10300 TORRE AVE CUPERTINO CA 95014-3255 Installation Address (Ifdifferent from billing, address) 408 City Stale Zip+4 l i m b of ly S m; F - -777-3 Z 0 22884240205 Installation Contact Name Installation Contact Phone # Installation CAN # Credit Card # Name on Card Exp Date Type of Card �H18 aa9ot 73775`f 38 Kimmarie Smth 01/11 �65a Tax Exempt #_ �O State Tax (if applicable) Fiscal Period (from - lo) q14 -J -o ty - Su vie Your Business Needs 1 Confirmation Services Training (DM800/900/1000) 1 15/30 Ib Weighing Platform 1 Drop Stacker for DM900, DM 1000 1 IntelliLink Subscription with Value Based Services 1 INVIEW MMS Setup Fee 1 INVIEW - Single Meter 1 INVIEW Reporting 1 TPM - up to 5 non -PB meters Additional Items on following page INSTALLMENT LEASE AGREEMENT OPTION A Pitney Bowes Global Financial Services LLC may serve as a sub -contractor under EPS050076- A2-2 and be the financing parry under such Installment Lease Agreements. The pricing plan for the Installment Lease Agreement is as follows: Monthly Billing: Quarterly Billing: Term Lease Rate Term Lease Rate 36 .0317 36 .0960 48 .0247 48 .0750 60 .0205 60 .0625 The terms and conditions are as follows: 1. GENERAL. All Installment Lease Option A Agreements (each referred to herein as "Installment Agreement") consist of the following terms and conditions in addition to the applicable terms and conditions of EPS050076-A2-2. By issuing a Purchase Order under the Installment Agreement, the Participating Agency is requesting that Contractor leases the referenced equipment (the "Equipment") for essential governmental purposes. Such Equipment does not include any referenced IntelliLinkTM Control Center or postage meter, which remains the property of Contractor or one of its wholly owned subsidiaries. Any IntelliLinkTM Control Center or postage meter is subject to the applicable USPS regulations and meter terms and conditions as may be provided by Contractor. 2. TERM. Each Installment Agreement shall commence upon acceptance of the Equipment and shall continue until the earlier of. (i) termination at Contractor's Option upon the Participating Agency's failure to pay when due the amount required or failure to perform any other obligation under an Installment Agreement or under EPS050076-A2-2, (ii) the occurrence of an event of non -appropriation or termination for Contractor default under EPS050076-A2-2, (iii) termination in accordance with paragraph 3 below, or (iv) the expiration of the specified term. 3. CANCELLATION OR TERMINATION. The Participating Agency intends to enter into an Installment Agreement for the entire agreed upon term and Contractor relies upon such represented intention when determining the applicable pricing plan. If the Participating Agency cancels or terminates an Installment Agreement prior to its expiration (other than for non -appropriations or Contractor default pursuant to EPS050076-A2-2), the Participating Agency shall pay a termination charge equal to the net present value of the monthly payments remaining through the completion of the term, discounted to present value at a rate of 6% per year. 4. REMEDIES. If the Participating Agency fails to pay when due any amount required, or fails to perform any other obligation under an Installment Agreement or under EPS050076-A2-2 and fails to cure the same within thirty (30) days of the Participating Agency's receipt of written notice thereof, Contractor may, at its option and without further demand or notice, take one or any combination of the following actions: terminate the relevant Installment Agreement, take possession of the relevant Equipment (and the meters), declare the entire amount of all payments, and other amounts due and to become due, for the then current fiscal WSCA OPTION A Form (Rev. 4/08) 1 period for which funds have been appropriated to be immediately due and payable, and pursue any other remedy permitted by applicable law. 5. REPRESENTATIONS; MISCELLANEOUS. The Participating Agency represents and warrants that: (a) it shall timely file an information reporting return (e.g. Form 8038 - GC or, as necessary, Form 8038 - G) with the Internal Revenue Service in accordance with Section 149(e) of the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations thereunder and the Participating Agency hereby appoints Contractor as its Agent for the purpose of maintaining a registration system as required by Section 149(a) of the Code; and the Participating Agency is (and shall continue to be) a State or local government entity, and that any obligation arising out of this Agreement constitutes an obligation by or on behalf of a state or political subdivision thereof, within the meaning of Section 103 of the Code and the regulations thereunder. The Participating Agency acknowledges that the Installment Agreement is entered into based on the assumption that the interest portion of each Period Payment is not includible in gross income of the owner thereof for Federal income tax purposes under Section 103(a) of the Code. A portion of each Period Payment that the Participating Agency shall pay includes interest. If any interest is determined not to be excludible from gross income in accordance with Section 103(a) of the Code, the Participating Agency's Period Payment shall be adjusted in an amount sufficient to maintain Contractor's original after tax yield utilizing Contractor's consolidated marginal tax rate, which adjusted Period Payments the Participating Agency agrees to pay as provided in this Agreement. The rate at which the interest portion of Period Payments is calculated is not intended to exceed the maximum rate or amount of interest permitted by applicable law. If such interest portion exceeds such maximum, then at Contractor's option, if permitted by law, the interest portion will be reduced to the legally permitted maximum amount of interest, and any excess will be used to reduce the principal amount of the Participating Agency's obligation or be refunded to the Participating Agency. 6. ASSIGNMENT. The Participating Agency may not assign, transfer or sublet any interest in an Installment Agreement or the Equipment without Contractor's prior written consent. 7. TITLE. Title to the equipment passes to the Participating Agency at the time and place of acceptance of each unit of equipment. The Contractor or its duly authorized assignee shall have a purchase money security interest in the equipment, until payment of all installments are made. Upon payment of the final installment, or any concluding payment option, the Contractor or his duly authorized assignee shall have no further interest in the equipment. 8. PURCHASE OPTION. The Participating Agency shall have the option to purchase the Equipment at any time during the Term "as is, where is" by paying the remainder of all installment payments. RISK OF LOSS. The Participating Agency is responsible for Equipment loss, damage or destruction from any cause, whether or not insured from the date of acceptance and for the entire term. No Equipment loss, theft or damage shall relieve the Participating Agency of its obligation to make the payments or perform its obligations under an Installment Agreement. Notwithstanding the foregoing, the Participating Agency shall not be responsible for Equipment loss, damage or destruction if Contractor has delivered non -conforming goods. WSCA OPTION A Form (Rev. 4108) 2 Form 8038 -GC Information Return for Small Tax -Exempt (Rev. November 2000) Governmental Bond Issues, Leases, and Installment Sales Department of the Treasury Under Internal Revenue Code section 149(e) Internal Revenue Service Caution: If the issue price of the issue is $100,000 or more, use Form 8038-G. OMB No. 1545-0720 Reporting Authority Check box if Amended Return ❑ 1 Issuer's name CITY OF CUPERTINO 2 Issuer's em loyer identification number 9H- boa. 73 & 8 3 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 10300 TORRE AVE 4 City, town, or Post office, state, and ZIP code CUPERTINO CA 95014-3255 5 Report number 5 6 Name and title of officer or legal representative whom the IRS may call for more information k1 nberl ShnlA Ci 7 Telephone number of officer or legal representath C-lerk (J{oe ) 777-3al7 - Description or Obligations Check it reporting: a single issue Li or on a consolidated basis U . 8a Issue price of obligation(s) (see instructions) ............................................... 8a b Issue date (single issue) or calendar year (consolidated) (see instructions) .................. 9 Amount of the reported obligation(s) on line 8a: a Used to refund prior issue(s)........................................................... 9a 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)(III) (small issuer exception), check 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 pay a penalty in lieu of arbitrage rebate, check this box ..................................... ► Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge Sign and belief, they are true, correct, and comp) te. Here '-18-aq ' FClrnberty Srr>t�llr� Cc L'le�k Issuer's authorized representfive Date Type or print name and title General Instructions 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 Govemmental 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 return. For all tax-exempt govemmental 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. 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. Where To File File Form 8038 -GC, and any attachments, with the Internal Revenue Service Center, Ogden, UT 84201. Other Forms That May Be Required For rebating arbitrage (or paying a penalty in lieu of arbitrage rebate) to the Federal government, use Form 8038-T, Arbitrage Rebate and Penalty in Lieu of Arbitrage Rebate. For private activity bonds. use Form 8038, Information Return for Tax - Exempt Private Activity Bond Issues. Rounding to Whole Dollars You may show the money items on this return as whole -dollar amounts. To do so, drop any amount less than 50 cents and increase any amount from 50 to 99 cents to the next higher dollar. Definitions Obligations. This refers to a single tax-exempt governmental obligation if Form 8038 - GC is used for separate reporting or to multiple tax- exempt governmental obligations if the form is used for consolidated reporting. Tax-exempt obligation. This is a bond, installment purchase agreement, or financial lease, on which the interest is excluded from income under section 103. Tax-exempt governmental obligation. A tax- exempt obligation that is not a private activity bond (see below) is a tax-exempt governmental obligation This includes a bond issued by a qualified volunteer fire department under section 150(e) Private activity bond. This includes an obligatior issued as part of an issue in which: • More than 10% of the proceeds are to be used for any private activity business use, and Cat. No. 64108B Form 8038 -GC (Rev. 11-2000) PitneyBowes Enaineeringthe rlov✓ofcommunication— WSCA Installment Option A Agreement Account # 60 Your Business Information CAN # ORDER # CITY OF CUPERTINO Full Legal Name of renter DBA Name of renter Tax ID # (FEINrrIN) 10300 TORRE AVE CUPERTINO CA 95014-3255 Billing Address City State Zip+4 Billing Contact Name Billing Contact Phone # Billing CAN # 10300 TORRE AVE CUPERTINO CA 95014-3255 Installation Address (If different from billing address) City State Zip+4 Installation Contact Name Credit Card # 22884240205 Installation Contact Phone # Installation CAN # Name on Card Exp Date Type of Card Tax Exempt # State Tax (if applicable) Fiscal Period (from - to) Your Business Needs Qty Business Solution Description Check items to be included in customer's payment Mail Stream Solution - 3 E] Equipment Maintenance (1st year included) 1 DM925 WOW Digital Mailing System Provides service coverage including certain parts and labor 1 IntelliLink Interface / PSD for DM500-DMI100 WIPP (NTF) Software Maintenance (1st ear included) 1 1 1 1 1 INVIEW Accounting - 100 Accounts 15 Ib Interfaced Wei USB Hub e -Return Receipt Reference Number Feature e -Return Receipt Reference Number Desktop Additional Items on following page Your Payment Plan Y Provides revision updates and technical assistance E] Soft -Guard® Subscription Provides postal and carrier updates If you do not elect to Include Soft -Guard® protection with your lease, you will automatically receive updates at the then -current rates w/ D x❑ IntelliLinkTM Subscription/Meter Rental Provides simplified billing and includes ( )resets per year (x) confirmation Services Electronic access to postal confirmation service. (x) Purchase Power Receive an invoice for poslage,consolidated billinj and enhanced management reporting Information. Number of months Monthly amount First 60 $640.09 () Required advance check of $ received ( ) Tax Exempt certificate attached Initial rental term Your Acknowledgement i . By your signature below, you are entering into an Installment Lease Agreement pursuant to your Participating Addendum to the WSCA Contract # EPS050076-A2-2. The Terms and Conditions of such WSCA Installment Lease Agreement Option A govern this transaction. Signature f� Date U �l�r f0 UO �l/ O -F � A�/C�. CfLroil�2 .1 o^�i Print Name Title Email A ress Nancy Phillips 004 Account Rep District Office PBGFS Acceptance Page 1 Equipment Vendor: Pliney Bowes Inc. WSCA OPTION A Form (kev.04/08) See additional pages for terns and conditions For Sales and Services call 1-800-322-8000 PitneyBowes Enginee-ingthe flow ofcommunication" WSCA Installment Option A Agreement Account # 60 Your Business Information CAN # ORDER # CITY OF CUPERTINO Full Legal Name of renter DBA Name of renter Tax ID # (FEIN/TIN) 10300 TORRE AVE CUPERTINO CA 95014-3255 Billing Address City State Zip+4 Billing Contact Name Billing Contact Phone # Billing CAN # 10300 TORRE AVE CUPERTINO CA 95014-3255 Installation Address (If different from billing address) City State Zip+4 Installation Contact Name Credit Card # 22884240205 Installation Contact Phone # Installation CAN # Name on Card Exp Date Type of Card Tax Exempt # Slate Tax (if applicable) Fiscal Period (from - to) Your Business Needs 1 Confirmation Services Training. (DM800/900/1000) 1 15/30 Ib Weighing Platform 1 Drop Stacker for DM900, DMI 000 1 Intellil-ink Subscription with Value Based Services 1 INVIEW MMS Setup Fee 1 INVIEW - Single Meter 1 INVIEW Reporting 1 TPM - up to 5 non -PB meters Additional Items on following page 71 Pitney Bowes Engineering the flow of communication— WSCA Installment Option A Agreement Account # 60 Your Business Information ORDER # CITY OF CUPERTINO Full Legal Name of renter DBA Name of renter Tax ID # (FEIN/TIN) 10300 TORRE AVE CUPERTINO CA 95014-3255 Billing Address City State Zip+4 Billing Contact Name Billing Contact Phone # Billing CAN # 10300 TORRE AVE CUPERTINO CA 95014-3255 Installation Address (If different from billing address) City State Zip+4 Installation Contact Name Credit Card # Tax Exempt # Your Business Needs 1 1 INVIEW Subscription 22884240205 Installation Contact Phone # Installation CAN # Name an Card State Tax (if applicable) Exp Date Type of Card Fiscal Period (from - to) Form 8038 -GC Information Return for Small Tax -Exempt Governmental Bond Issues, Leases, and Installment Sales (Rev. November 2000) Department of the Treasury 10* Under Internal Revenue Code section 149(e) Internal Revenue Service Caution: If the issue price of the issue is $100,000 or more, use Form 8038-G. OMB No. 1545-0720 [i=111 Reporting Authority Check box if Amended Return 11100 1 Issuer's name CITY OF CUPERTINO 2 Issuer's employer identification number 3 Number and street (or P.O, box if mail is not delivered to street address) 10300 TORRE AVE Room/suite 4 City town or post office, state, and ZIP code CUPERtINr st 95014 3255 5 Report number 5 6 Name and title of officer or legal representative whom the IRS may call for more information 7 Telephone number of officer or legal representati% Description of Obligations Check if reporting: a single issue LJ or on a consolidated basis LJ . 8a Issue price of obligation(s) (see instructions) ................................... . ........... 8a b Issue date (single issue) or calendar year (consolidated) (see instructions) ...... I ........... 9 Amount of the reported obligation(s) online 8a: a Used to refund prior issue(s)........................................................... 9a 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)(lll) (small issuer exception), check 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 pay a penalty in lieu of arbitrage rebate, check this box ..................................... Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge Sign and belie hey are true, correct, and complete. + r Here'n -7 - T -D? 'Nrvl A,A-wg,,J Q,,,),, Svcs Issuer authorized representative Date Type or print name and title General Instructions 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 e penalty in lieu of arbitrage rebate (see the line 12 instructions). Filing a consolidated return. 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. 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. Where To File File Form 8038 -GC, and any attachments, with the Internal Revenue Service Center, Ogden, UT 84201. Other Forms That May Be Required For rebating arbitrage (or paying a penalty in lieu of arbitrage rebate) to the Federal government, use Form 8038-T, Arbitrage Rebate and Penalty in Lieu of Arbitrage Rebate. For private activity bonds, use Form 8038, Information Return for Tax - Exempt Private Activity Bond Issues. Rounding to Whole Dollars You may show the money items on this return as whole -dollar amounts. To do so, drop any amount less than 50 cents and increase any amount from 50 to 99 cents to the next higher dollar. Definitions Obligations. This refers to a single tax-exempt governmental obligation if Form 8038 - GC is used for separate reporting or to multiple tax- exempt governmental obligations if the form is used for consolidated reporting. Tax-exempt obligation. This is a bond, installment purchase agreement, or financial lease, on which the interest is excluded from income under section 103. Tax-exempt governmental obligation. A tax- exempt obligation that is not a private activity bond (see below) is a tax-exempt governmental obligation. This includes a bond issued by a qualified volunteer fire department under section 150(e) Private activity bond. This includes an obligation issued as part of an issue in which: • More than 10% of the proceeds are to be used for any private activity business use, and Cat. No. 64108B Form 8038 -GC (Rev.11-2000) Form 8038 -GC (Rev. 11-2000) 6 More than 10% of the payment 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 m illion. 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") 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 fust 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(cx3) organization. In lieu of rebating any arbitrage '/2 t 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 % 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 retum. 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 SS -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 Page 2 Lines 9a and 9b. For line 9a, enter the amount of the proceeds that will be used to pay principal, interest, or call premium on any other issue of bonds, including proceeds that will be used to fund an escrow account for this purpose. Both line 9a and 9b may apply to a particular obligation. For example, report on line 9a and 9b obligations used to refund prior issues which represent loans from the proceeds of another tax- exempt obligation. Line 11. Check this box if property other than cash is exchanged for the obligation, e.g., acquiring a police car, a fire truck, or telephone equipment through a series of monthly payments. (This type of obligation is sometimes referred to as a "municipal lease.") Also check this box if real property is directly acquired in exchange for an obligation to make periodic payments of interest and principal. Do not check this box if the proceeds of the obligation are received in the form of cash, even if the term "lease" is used in the title of the issue. Line 12. Check this box if the issue is a construction issue and an irrevocable election to pay a penalty in lieu of arbitrage rebate has been made on or before the date the bonds were issued. The penalty is payable with a Form 8038-T for each 6 -month period after the date the bonds are issued. Do not make any payment of penalty in lieu of rebate with Form 8038 -GC. See Rev. Proc. 92-22, 1992-1 C. B. 736, for rules regarding the "election document." Paperwork Reduction Act Notice We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with these laws. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. The time needed to complete and file this form varies depending on individual circumstances. The estimated average time is: Learning about the law or the form .....................1 hr., 58 min. Preparing the form .................3 hr., 3 min. Copying, assembling, and sending the form to the IRS ...........16 min. If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we would be happy to hear from you. You can write to the Tax Forms Committee, Western Area Distribution Center, Rancho Cordova, CA 95743-0001. Do not send the form to this address. Instead, see Where To File on page 1. PURCHASE ORDER NO. 00056429 PURCHASE ORDER 10300 Torre Avenue Cupertino, CA 95014-3255 PAGE NO. 1 (408) 777-3219 CUPERTINO 546 H E CITY OF CUPERTINO PITNEY BOWES INC i CITY HALL P 0 BOX 856179 p P 10300 TORRE AVENUE LOUISVILLE KY 40285-6179 pL I— TO � CUPERTINO CA 95014 ATTN: ORDER DATE: 07/03/09 BUYER: GRACE SCHMIDT REQ. NO.: 0 REQ. DATE: TERMS: NET 3 0 DAYS F.O.B.: DESTINATION DESC.: ITEM# QUANTITY I UOM I DESCRIPTION UNIT PRICE EXTENSION D1 1' DO' -DM925 WOW DIGITAL MAILING .. SYSTEM 1ST OF Ba00 t3Q0t3 8'000.:00 ' 5 YEAR LEASE .. BEG OCT 1. THIS PO COVERS 7/1/,09-6/30/10 . . MONTHLY AMOUNT $640.09 NOT TO EXCEED $8,000 ANNUALLY _:.,. :.::. ITEM# ACCOUNT AMOUNT PROJECT CODE PAGETOTAL $ 8,000.00 TOTAL $ 8,000.00 01 1104310 7013 8,000.00 APPROVED BY IRECTOR OYIURCHASING For D1380/D1425 prepared for 1 1 l by Chris Gallagher Date: September 29, 2009 IC011 87.1,DI380/DI425 Site Survey 20090127 PitneyBewes DI380/DI425 Inserter Statement of Work This Statenient of Work provides detailed infor7nation about the work that will be pe7 for7ned at the City of Cuperdizo installation site to complete this order. City of Cupertino is sometianes referred to as "customer" in this document. Please note that changes to these specifications and/or incomplete site preparation by City of Cuperti7to will result in delayed implementation and additional charges to City of Cupertino. In the event changes to these specifications are required by City of Cupertino, the following procedures will be ianplemented: Pitney Bowes personnel will communicate the reasons, scope, timing and costs associated with the change in specification to City of Cupertino prior to proceeding with the change. City of Cupertino must for7nally approve the change, including associated tinting and costs, prior to implementing the change. Pitney Bowes will implement the specified change and invoice City of Cupertino as previously agreed. NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, IS GIVEN IN THIS STATEMENT OF WORK RELATING TO ANY SOFTWARE, EQUIPMENT AND/OR SERVICES PROVIDED BY PITNEY BOWES; AND ALL SUCH REPRESENTATIONS AND WARRANTIES,' INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARISING FROM OR RELATED TO THE STATEMENT OF WORK ARE HEREBY DISCLA M[ED. THE ONLY REPRESENTATIONS OR WARRANTIES GIVEN BY PITNEY BOWES, IF ANY, ARE AS STATED IN THE WRITTEN SOFTWARE LICENSE AND MAINTENANCE AGREEMENT, SALE AGREEMENT OR LEASE AGREEMENT THAT MAY BE APPLICABLE TO THE SOFTWARE, EQUIPMENT AND/OR SERVICES PROVIDED BY PITNEY BOWES. [C0114487.1 IDI380/DI425 Site Survey 20090127 To ensure your complete satisfaction, please review the following information about the DI380/DI425 inserter system beim provided to you. Envelopes: Customer requirement: Paper: Minimum Envelope Size 3 1/2" (88mm) Depth 8 4%5 " (220mm) Width Maximum Envelope Size 6 3/8" (164mm) Depth 9 1/2" (242mm) Width Envelope Weight 17 lb (65-/m) Minimum 26 lb (100g/m ) Maximum End Clearance 1/4" (6mm) Minimum 1/2" (12mm) Overall Min Depth Clearance 1/8" (3mm) Min Unfolded 1/4" (6m n) Folded Please note: Nor best pe7jronnance, use 077.ly 771ate7-tals approved by Pitney Bowes. Materials must be good quality and properly stored at rec0771777,ended storage conditions of 65°F (18°C) to 77°F (25°C) with 40% to 60%- relative humidity. Customer requirement: Minimum Sheet Size 5" (127mm) Width 5" (127mm) Length Maximum Sheet Size 9" (229mm) Width 16" (406mm) Length Paper Weights 16 lb (60-/177) Minimum 32 lb (1208/m )Maximum Paper Weights for OMR 16 lb (70a/m2) Minimum 32 lb (1208/m) Maximum Please note: MafiiMU777. thickness is 0.08" (2771777) for collated Materials. NCR and Glossy/Coated Material are NOT rec07?v777e7?.ded. Configurations: Material length limits before folding: Insert Single Fold 5" — 12 2/5" (127mm — 315mm) "C" — Letter Fold 5 9/10" — 14" (150mm — 356mm) "Z"— Accordion Fold 7 9/10" — 14" (201mm — 356mm) Double Fold 9" — 16" (305mm — 406mm) Double Document Detector Material Range 16 lb (6000) Minimum 32 lb (1200m) Maximum L:ustomer reauirement: Minimum Insert Size 5" (127mm) Width 3" (82mm) Length Maximum Insert Size 9" (230mm) Width 6" (152mm) Length Paper Weights 19 lb (72g/m) Minimum 48 lb (180-/m) Maximum Sinale Sheet Please note: Uocu771e7lt Groupings anal OMR/Barcode Capabilities are not available with this solution. Paper weight for inserts are as follows: 75g/m2 Minimum(non folded cut sheet) 180g/m2 Maximum ( Single sheet) 60-/M2 Minimum ( Folded Material) And inserts of up to a maximum compressed thickness of 2MM. [CO114a87.1 )DI380/DI425 Site Survey 20090127 ALL SPECIFICATIONS ARE SUBJECT TO CHANGE WIT'HOUT NOTIFICATION AND ARE SUBJECT TO TEST Installation: Professional installation and training are required with your DI380/DI425 Inserter by a Customer Service Representative. I have read this agreement and confirm that my use of the DI3801DI425 Inserter solution will be consistent with the specifications and requirements listed above. I agree that will not dispute my obligation to make all payments when due as reflected in the applicable lease or sales agreement when Pitney Bowes determines that the DI380/DI425 Inserter solution is "Ready for Beneficial Use." The DI380/DI425 Inserter solution is Ready for Beneficial Use when each of the following conditions is met: 1) Hardware is set up and functional; 2) At least one mail creation job, either test or live, is processed successfully; and 3) End user training is ready for scheduling or is complete. If multiple sites are deployed then I agree that I will not dispute my obligation to make all payments when due when 50% of the sites are Ready for Beneficial Use. I further agree that additional charges will apply for any products or other services provided by Pitney Bowes that do not meet the above requirements. Customer Signature: Date: Qc-- l S, a 00 �f Customer Name: YY1 h e SYnt`i Title: C -+y C� � C , cup &- f F► n o Contact Name: Contact Phone Number: 'f08--7-7-7-1310 Pitney Bowes Sales Representative: Name/Employee #: Signature: Solutions Consultant: Name/Employee #: Sianature: District: # Date: District: _ # Date: Icoiia 87.1 >DI380/DI425 Site Survey 20090127 Form 8038 -GC Information Return for Small Tax -Exempt Governmental Bond Issues, Leases, and Installment Sales (Rev. November 2000) Department of the Treasury 01,Under Internal Revenue Code section 149(e) Internal Revenue Service Caution: If the issue price of the issue is $100,000 or more, use Form 8038-G. OMB No. 1545-0720 Reporting Authority Check box if Amended Return 111,13 1 Issuer's name CITY OF CUPERTINO 2 Issuer's employer identification number 3 Number and street (or P.O. box if mail is not delivered to street address) 10300 TORRE AVE Room/suite 4 City, town, or post office, state, and ZIP code CUPERTINO CA 95014-3255 5 Report number 5 6 Name and title of officer or legal representative whom the IRS may call for more information 7 Telephone number of officer or legal representati% Description of Obligations Check if reporting: a single issue d or on a consolidated basis LJ 8a Issue price of obligation(s) (see instructions) ............................................... 8a b Issue date (single issue) or calendar year (consolidated) (see instructions) ► .................. 9 Amount of the reported obligation(s) on line 8a: a Used to refund prior issue(s) ...... ..................................................... 9a 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)(13)(i)(III) (small issuer exception), check 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 pay a penalty in lieu of arbitrage rebate, check this box ..................................... ► Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge Sign and belief, they are true, correct, and copkplete. Here ' 101171001 ' Srnt-t�, r -k Issuer's authorized represe to Date Type or print name and title General Instructions 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 �\ith issue prices of less than $100.000 must file Form 8038-(_T('. 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 -Cit' for any tax-exempt governuuental 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 803843C 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 instruction,.,,). Filing a consolidated return. For all tax-exempt governmental obligations with issue prices of less than $101.1,000 that are not reported on it separate Form 803843C, an issuer must file a consolidated information return including all such issues Issued within the calendar year. 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-(3C. 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 80+8-GTC 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 fanilure 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 wl1v the form was not submitted to the iRS on tine. 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 Wbere To File below. Where To File File Form 8038 -GC, and mnv attachments, with the Internal Revenue Service (.'enter, Ogden, tTT 84201. Other Forms That May Be Required For rebating arbitrage (or paying a penalty in lieu of arbitrage rebate) to the Federal government, use Form 8038-T, Arbitrage Rebate and Penalty in Lieu of Arbitrage Rebate. For private activity bonds. use Form 8038, Information Return for Tax - Exempt Private Activity Bond Issues. Rounding to Whole Dollars You may show the money items on this return as whole -dollar amounts. To do so, drop any amount less than 50 cent~ and increase any amount from 50 to 99 cents to the next higher dollar. Definitions Obligations. This refers to a single tax-exempt governmental obligation if Form 8038 - GC is used for separate reporting or to multiple tax- exempt governmental obligations if the form is used for consolidated reporting. Tax-exempt obligation. This is a bond, installment purchase agreement. or financial lease, on which the interest is excluded from income under section 103. Tax-exempt governmental obligation. A tax- exempt obligation that is not a private activity bond (see below) is a tax-exempt governmental obligation This includes a bond issued by a qualified volunteer fine department under section 150(e) Private activity bond. This includes an obligation issued as part of an issue in vnlnieh: • 1\ lore than 10° o of the proceeds are to be used for any private activity business use, and Cat. No. 64108B Form 8038 -GC (Rev.11-2000) 4J mN N u) C ,n O O m O N N N r -I L m m m m a x x x x c c v v � W b.0U O bD bA L V U J J C O U 6 6 N O c C N v i� E N W 7 C vi Ln aJ U O c 7 U L C: Ul Ln U fl N U O v m j V) o� 3 vul CL Z3 ru a u u N a1 U U C 0 0 O O Ln Ln to -L -L > a) (U O C10 UA v i cuc ca (o p C tm C c L� C cc@ G cc� G v U m CL N Z3 In a u u m a- 2 - an CL C) m N cuQ O F- m m c0 c0 ECl) l0 r I GJ m m N Ct a ct N m m [t• v a w to C: c O c 0 I� U i/4 Q II Ln N 4N dA •- L E � L v a u Q N N L � U N O0Ln v X 4- 41 'v, U v c O a u m E c O L c o Qi c N d ci O 00 A in 00 00 Ln u w Pitney Bowes Engineering the flow of communication- WSCA Installment Option A Agreement Account # 60 Your Business Information CITY OF CUPERTINO Full Legal Name of renter DBA Name of renter Tax ID # (FEINITIN) 10300 TORRE AVE CUPERTINO CA 95014-3255 Billing Address City State Zip+4 ( ) ext 22884240205 Billing Contact Name Billing Contact Phone # Billing CAN # 10300 TORRE AVE CUPERTINO CA 95014-3255 Installation Address (If different from billing address) City State Zip+4 Julie (408) 777 324Tem 13 ) a-. 22884240205 Installation Contact Name Installation Contact Phone # Installation CAN # Credit Card # Name on Card Exp Date Type of Card Tax Exempt # State Tax (if applicable) Fiscal Period (from - to) Your Business Needs Qty Business Solution Description Check items to be included in customer's payment Mail Stream Solution - 2 1 3 Station D1425 without OMR 1 Operator Training for D13800425, 1 hour Your Payment Plan Number of months Monthly amount First 48 $386.40 Your Acknowledgement Equipment Maintenance (1st year included) Provides service coverage including certain parts and labor Software Maintenance (1st year included) Provides revision updates and technical assistance ❑ Soft-Guard(D Subscription Provides postal and carrier updates If you do not elect to include Soft -Guard® protection with your lease, you will automatically receive updates at the then -current rates F lntel[!LinkTm Subscription/Meter Rental Provides simplified billing and includes ( )resets per year ( Confirmation Services Electronic access to postal confirmation service ( Purchase Power Receive an invoice for postage,consolidated billirn and enhanced management reporting information. () Required advance check of $ received ( ) Tax Exempt certificate attached Initial rental term By your signature below, you are entering into an Installment Lease Agreement pursuant to your Participating Addendum to the WSCA Contract # EPS050076-A2-2. The Terms and Conditions of such WSCA Installment Lease Agreement Option A govern this transaction. Signature p&t. 15, aoo9 Date Kimberly Smith MMC City Clerk kimberlys@cupertino.org Print Name Title Email Address Chris gallagher Account Rep WSCA OPTION A Form (Rev.04/06) 004 District Office Page 1 See additional pages for term= and conditions PBGFS Acceptance Equipment Vendor Pitney Bowes Inc. r -,,r Sales and Services call 1 -BOO -322 -ROOD INSTALLMENT LEASE AGREEMENT OPTION A Pitney Bowes Global Financial Services LLC may serve as a sub -contractor under EPS050076- A2-2 and be the financing party under such Installment Lease Agreements. The pricing plan for the Installment Lease Agreement is as follows: Monthly Billing: Quarterly Billing: Tenn Lease Rate Term Lease Rate 36 .0317 36 .0960 48 .0247 48 .0750 60 .0205 60 .0625 The terms and conditions are as follows: 1. GENERAL. All Installment Lease Option A Agreements (each referred to herein as "Installment Agreement") consist of the following terms and conditions in addition to the applicable terms and conditions of EPS050076-A2-2. By issuing a Purchase Order under the Installment Agreement, the Participating Agency is requesting that Contractor leases the referenced equipment (the "Equipment") for essential governmental purposes. Such Equipment does not include any referenced IntelhLinkTM Control Center or postage meter, which remains the property of Contractor or one of its wholly owned subsidiaries. Any IntelliLinkTM Control Center or postage meter is subject to the applicable USPS regulations and meter terms and conditions as may be provided by Contractor. 2. TERM. Each Installment Agreement shall commence upon acceptance of the Equipment and shall continue until the earlier of: (i) termination at Contractor's Option upon the Participating Agency's failure to pay when due the amount required or failure to perform any other obligation under an Installment Agreement or under EPS050076-A2-2, (ii) the occurrence of an event of non -appropriation or terminationor Contractor default under EPS050076-A2-2, (iii) termination in accordance with paragrapJ 3 below, or (iv) the expiration of the specified term. 3. CANCELLATION OR TERMINATION. The Participating Agency intends to enter into an Installment Agreement for the entire agreed upon tenni and Contractor relies upon such represented intention when determining the applicable pricing plan. If the Participating Agency cancels or terminates an Installment Agreement prior to its expiration (other than for non -appropriations or Contractor default pursuant to EPS050076-A2-2), the Participating Agency shall pay a termination charge equal to the net present value of the monthly payments remaining through the completion of the terms, discounted to present value at a rate of 6% per year. 4. REMEDIES. If the Participating Agency fails to pay when due any amount required, or fails to perform any other obligation under an Installment Agreement or under EPS050076-A2-2 and fails to cure the same within thirty (30) days of the Participating Agency's receipt of written notice thereof, Contractor may, at its option and without further demand or notice, take one or any combination of the following actions: terminate the relevant Installment Agreement, take possession of the relevant Equipment (and the meters), declare the entire amount of all payments, and other amounts due and to become due, for the then current fiscal WSCA OPTION A Form (Rev. 4/06) 1 period for which funds have been appropriated to be immediately due and payable, and pursue any other remedy permitted by applicable law. 5. REPRESENTATIONS; MISCELLANEOUS. The Participating Agency represents and warrants that: (a) it shall timely file an information reporting return (e.g. Form 8038 - GC or, as necessary, Form 8038 - G) with the Internal Revenue Service in accordance with Section 149(e) of the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations thereunder and the Participating Agency hereby appoints Contractor as its Agent for the purpose of maintaining a registration system as required by Section 149(a) of the Code; and the Participating Agency is (and shall continue to be) a State or local government entity, and that any obligation arising out of this Agreement constitutes an obligation by or on behalf of a state or political subdivision thereof, within the meaning of Section 103 of the Code and the regulations thereunder. The Participating Agency acknowledges that the Installment Agreement is entered into based on the assumption that the interest portion of each Period Payment is not includible in gross income of the owner thereof for Federal income tax purposes under Section 103(a) of the Code. A portion of each Period Payment that the Participating Agency shall pay includes interest. If any interest is determined not to be excludible from gross income in accordance with Section 103(a) of the Code, the Participating Agency's Period Payment shall be adjusted in an amount sufficient to maintain Contractor's original after tax yield utilizing Contractor's consolidated marginal tax rate, which adjusted Period Payments the Participating Agency agrees to pay as provided in this Agreement. The rate at which the interest portion of Period Payments is calculated is not intended to exceed the maximum rate or amount of interest permitted by applicable law. If such interest portion exceeds such maximum, then at Contractor's option, if permitted by law, the interest portion will be reduced to the legally permitted maximum amount of interest, and any excess will be used to reduce the principal amount of the Participating Agency's obligation or be refunded to the Participating Agency. 6. ASSIGNMENT. The Participating Agency may not assign, transfer or sublet any interest in an Installment Agreement or the Equipment without Contractor's prior written consent. 7. TITLE. Title to the equipment passes to the Participating Agency at the time and place of acceptance of each unit of equipment. The Contractor or its duly authorized assignee shall have a purchase money security interest in the equipment, until payment of all installments are made. Upon payment of the final installment, or any concluding payment option, the Contractor or his duly authorized assignee shall have no further interest in the equipment. 8. PURCHASE OPTION. The Participating Agency shall have the option to purchase the Equipment at any time during the Tenn "as is, where is" by paying the remainder of all installment payments. RISK OF LOSS. The Participating Agency is responsible for Equipment loss, damage or destruction from any cause, whether or not insured from the date of acceptance and for the entire term. No Equipment loss, theft or damage shall relieve the Participating Agency of its obligation to make the payments or perform its obligations under an Installment Agreement. Notwithstanding the foregoing, the Participating Agency shall not be responsible for Equipment loss, damage or destruction if Contractor has delivered non-conforming goods. WSCA OPTION A Form (Rev. 4/08) 2