AgdaPkt 2004-01-05 - Laserfiche WebLink

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Purchasing, accounting, and future sale under this Agreement shall be in accordsnce with the requirements of the Brisbane Municipal Code. Brisbane shall have custody of the monies of SMCTG and shall malntsin a separate record of such funds. Operational issues pertaining to the simulators shall be resolved by a committee of troining officers (the "Operations Committee") approved by a ma.~ority of the SMCTG members. When approval by SMCTG members is required under t~s Agreement, approval of the Operations Committee is not sufficient. 3. Purchase of Simulators: (a) Brisbane applied for and received a grant from FEMA for the purchase of four (4) simulators, with the intent of providing these simulators for use by the members of SMCTG. The grant application was based upon a total cost of the simulators of $458,485.00, of which $412,637.00 would be financed with FEMA grant funds and the remaining $45,848.00 would be a local share contributed by the members of SMCTG. This cost does not include any additional equipment or amenities for the simulators or any charge for maintenance and upkeep of the equipment. Daly City has also secured a grant in the amount of $10,000.00 from the Peninsula Community Foundation to be applied toward reduction of the local share, leaving a balance of the local share to be contributed by the members of SMCTG in the amount of $35,838. f (b) Each of the parties to this Agreement shall contribute the sum of $1,991.00, representing 1/18th of the remaining local match required for purchase of the simulators. Such contribution shall be paid at the time a party executes this Agreement. Brisbane shall not be obligated to place any final, legally binding purchase order for the simulators until the required contributions have been received from all of the SMCTG members. (c) The simulators shall be purchased by Brisbane in accordance with the terms of the "Contract For Sale of Goods" between Brisbane and Fireblast 451, Inc., a copy of which is attached hereW as Exhibit "A" and incorporated herein by reference. Each of the parties hereby approves the terms and conditions of said Contract. (d) Legal t/fie to the simulators and related equipment shall be held in the name of Brisbane during the term of this Agreement. 4. Maintenance and Repair of Simulators: (a) Brisbane will be responsible for arranging the maintenance and repair of the simulators. M~inte~nce and repair of the simulators shall be performed by either Brisbane or other responsible provider of such services which contracts with Brisbane to perform such work on behalf of SMCTG. (b) The part~es hereby establish a M~intenance Fu_ud, to be utilized by Brisbane as needed for payment of maintenance and upkeep expenses of the simulators and related equipment. The Maintenanc~e Fund shall be accounted for on the books of Brisbane as a separate fund held for the benefit of SMCTG. Money remoining in the Maintenance Fund at the end of each fiscal year shall be carried forward to the succeeding fiscal year. All expenses related W. the maintenance and upkeep of the sixnulaWrz and their related component parts and equipment shall be charged to the Maintenance Fund. Maintenance Rev. 7/21/03 -2-