HomeMy WebLinkAboutContracts & Agreements_275-2006_CCv0001.pdf Ford Motor Credit Company
Municipal Finance Application-Schedule No.: 3967213
Legal Name of Municipality("Lessee") Department Using Equipment("Vehicle/Equipment')
Federal ID Number County
Lvov IU0 4
Street Address City,State and Zip
O-A 42,3T5
Billing Address(if different from above) City, State and Zip
Accounts Payable Contact Person: Accounts Payable Phone Number
:T4LAF_ &tug� q0q - 11% - 1
How will Vehicle/Equipment be used'? Does this equipment replace previous equipment'?
)6Yes;replaces equipment purchased in (year(s)
How many units currently perform this function? i:,'No;explain
tt_k` If more space is needed, continue on additional sheet.
General Liability Insurance coverage limits in the amount of$1 million is required-or the State maximum(if lower):
Self Insured: ONo )0(es Name of Insurance Provider: bAVIS I <cRAO -
- 13
I General Liability Coverage Limits: i5co COO Telephone No. - is
T_
Source of funds for proposed Fund Balance: Date of most recent Audited Financial Statement: I Fiscal Year-End:
payments: $ 15 IQ?* Vvr7
1)(General Fund
As of Funds have been appropriated for the current year: 9yes 0 No
0 Fund
CERTIFICATION
1,the undersigned,certify that:
I. Lessee has followed all required purchasing procedures regarding the award of the proposed contract.
2. Lessee has the requisite authority to execute,deliver and perform its obligations under the proposed contract.
3 execution,delivery and performance by Lessee of the proposed contract have been duly authorized by all necessary actions on
behalf of the Lessee.
THE SIGNATURE LINE BELOW IS TO BE SIGNED BY A PERSON AUTHORIZED BY THE GOVERNING BODY TO
EXECUTE THE PROPOSED CONTRACT ON BEHALF OF THE LESSEE:
Print Name AND Title of Authorized Official to sign Contract: Signature.of Authorized,Official to sign Contract:
AA-Ai;2�-5�0v-z) MA,q p-12- 12/19/2006
Date
An executed Opinion of Counsel may be required. Attest:( Lorrie Poyzer, City Cle6
Print Name of Attorney for Lessee: Attorney's'%k!P09y(e Number:
Revised December 2005
PLF-4SE,VOTE., Please fax an advance copy to(313)390-3783; and mail original to: Ford Motor Credit Co., PO
Box 1739-MD 7500, Dearborn, MI 48121-1739;AM: Municipal Finance.
Page 1
SCHEDULE 3967213 - MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT
Lease No. 3967200
This Equipment Schedule dated as of 12/19/2006„ is being executed by Ford Motor Credit Company("Lessor"), and City
of Redlands ("Lessee"), as a supplement to, and is hereby made a part of that certain Master Equipment Lease-
Purchase Agreement dated as of 9/20/1995("Lease"), between Lessor and Lessee.
Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby accepts and leases from Lessor
under and pursuant to the Lease, subject to and upon the terms and conditions set forth in the Lease and upon the
terms set forth below, and following items of Equipment:
QUANTITY DESCRIPTION (MANUFACTURER, MODEL AND SERIAL NO.) SUPPLIER
4 2007 Ford Crown Victoria Police Sedan with Equipment, Tax &Tire Fee, Downtown
2FAHP71 W 17X12021 O, 2FAHP71 W57X12O2O9, Ford
2FAHP71 W37X120208, 2FAHP71 W 17X120207
EQUIPMENT LOCATION: City of Redlands
Police Department
35 Cajon Street
Redlands, CA 92373
Initial Term: 36 Months Commencement Date: 12/19/2006
Periodic Rent: 3 Consecutive Annual in Advance Payments of $38,364.92 each (including interest), due under
this Lease. The Periodic Rent Payment also includes any applicable sales/use tax due and
payable on the Lease Payment Dates, set forth in Schedule 3967213, Page 2.California Tire Fee
and State Sales Tax are due and payable at Schedule signing.
EXECUTED as of the date first herein set forth.
LESSEE: City of Redlands LESSOR: Ford Motor Credit Company
Police Department
By:
On Harrison Fr k ast ella
Title: ''Mayor Title: rations Manager, Municipal Finance
Attest: r`
By: Lorrie Poyz City Clerk
Counterpart No. 1 of 1 manually executed and serially numbered counterparts. To the extent this Schedule constitutes
chattel paper, no security interest herein may be perfected through the possession of any counterpart other than
Counterpart No. 1.
SCHEDULE 3967213 - MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT
Lease No. 3967200
AMENDMENT
That certain Master Equipment Lease-Purchase Agreement, by and between Ford Motor
Credit Company ("Lessor") and City of Redlands ("Lessee"), dated as of 9/20/1995 (the
"Lease") is hereby amended as follows:
Lessee has not issued, and reasonably anticipates that it and its
subordinate entities will not issue, tax-exempt obligations (including this
Lease) in the amount of more than $10,000,000 during the current
calendar year; hereby designates this Lease as a "qualified tax-exempt
obligation" within the meaning of Section 265(b)(3) of the Internal Revenue
Code of 1986, as amended, ("Code"); and agrees that it and its
subordinate entities will not designate more than $10,000,000 of their
obligations as "qualified tax-exempt obligations" during the current calendar
year.
Except as amended hereby, the Lease shall otherwise remain unchanged and in full force
and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the 19th day
of December, 2006.
LESSEE: City of Redlands LESSOR: Ford Motor Credit Company
Police Department
r
By: ;, 27 By:
ion Harrison rank Mastre(la
Title: Mayor Title: Operations Manager, Municipal Finance
Attest:
By:
Lore Poyz r/" City Clerk
INSURANCE FACT SHEET
We require a Certificate of Insurance or Declaration Page shown in the name of the Municipality listed below. if more than
one insurance company is used, indicate each and for what type coverage. Per the Master Equipment Lease-Purchase
Agreement, Lease No. 3967200, we require Liability and Physical Damage on all vehicles, Liability and Property Damage
on all other Equipment and FORD MOTOR CREDIT COMPANY named as Loss Payee and Additional Insured. RETURN
TO: Ford Motor Credit Company, Municipal Finance,PO Box 1739-MD 7540, Dearborn, MI 48121-1739.
SCHEDULE NO: 3967213 PLEASE NOTE: FORD MOTOR CREDIT COMPANY REQUIRES
A MINIMUM OF $1,000,000 PUBLIC LIABILITY COVERAGE;
OR THE STATE MAXIMUM (IF LOWER)IS REQUIRED
MUNI: City of Redlands
ADDRESS: Police Department
35 Cajon Street
CITY: Redlands, CA 92373
CONTACT: Julie Gilbert 909 798 7530,Accts. Payable PHONE: (909)798-7525
EQUIP DESC: (4) 2007 Ford Crown Victoria Police Sedan with Equipment, Tax &Tire Fee,
2FAHP71W17X120210, 2FAHP71W57X120209, 2FAHP71W37X120208,
2FAHP71 W 17X120207
INSURANCE COMPANY: INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
ADDRESS: c/o DAVIS & GRAEBER INSURANCE SERVICES, PO BOX 40
CITY:
REDLANDS STATE: CA ZIP: 92373
PHONE: ( 909 793-237,3. CONTACT PERSON: ROBERTA REEVES
POLICY NO: 87766677 EXPIRATION DATE: 07 f Ol j07
LIABILITY AMT: $10 ,000 , 000 PROPERTY DAMAGE AMT:
PHYSICAL DAMAGE AMT: COMPREHENSIVE DEDUCTIBLE:
COLLISION DEDUCTIBLE:
INSURANCE COMPANY:
ADDRESS:
CITY: STATE: ZIP:
PHONE: CONTACT PERSON:
POLICY NO: EXPIRATION DATE:
LIABILITY AMT: PROPERTY DAMAGE AMT:
PHYSICAL DAMAGE AMT: COMPREHENSIVE DEDUCTIBLE:
COLLISION DEDUCTIBLE:
THIS SECTION ONLY TO BE COMPLETE IF SELF-INSURED:
IF YOU ARE SELF-INSURED FOR ANY COVERAGE, PLEASE PROVIDE THE NAME OF YOUR INSURANCE
POOLIFUND.
NAME OF INSURANCE POOL/FUND:
Self-insured Forl LIABILITY: $ 50Q , PROPERTY: PHYSICAL: ~
CONTINUOUS COVERAGE: FROM:
TO:
!F Attest
PLEASE SIGN;
Jon Harrison, Mayor Lome Po rty Clerk
�r
Y
Form 8038-GC Information Return for Small Tax-Exempt
Governmental Bond Issues, Leases, and Installment Sales OMB No.1545-0720
(Rev.11-2000) 01, Under Internal Revenue Code section 149(e)
Department of the Treasury Caution: Use Form 8038-G if the issue price of the issue is$100,000 or more.
Internal Revenue Service
Re ortin Authority Check box if Amended Return►
2 issuer's employer identification number
1 issuers name 95-6000766
City Of Redlands Roomisufte
3 Number and street or P.O.box if mail is not delivered to street address)
Police Department,35 Cajon Street s Report number
4 City,town,or post office,state,and ZIP code GC 2006-3967213
Redlands CA 92373 7 Telephone number of officer or legal representative
6 Name and tide of officer or legal representative whom the IRS may call for more information
LJ
MEMO
Descriptio of Obli ations Check if reporting: a sin le issue or on a consolidated basis
ga $69,557.24
8a Issue price of obligation(s)(see Instructions). . . •) • • -.
b Issue date(single tissue)or calendar year(consolidated)(see Instructions
,rat
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) 91b
10 If the issuer has designated any issue under section 265(b)(3)(13)(1)(111)(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
PLEASE and beiief,they are true,correct and complete.
SIGN -''�%
HERE / Jon Harrison,Mayor
f? '� L",� �%I 12 19 0 6 '
Issuer's 2&horized representative
Date Type or print name and title
General Instructions Thus,an issuer may file a separate Form Other Forms That May Be Required
8038-GC for each of a number of small issues For rebating arbitrage(or paying a penalty in
Section references are to the Internal and report the remainder of small issues lieu of arbitrage rebate)to the Federal
Revenue Code Unless otherwise noted. issued during the calendar year on one government,use Form 8038-T,Arbitrage
consolidated Form 8038-GC. However,a Rebate and Penalty in Lieu of Arbitrage
Purpose of Form separate Form 8038-GC must be filed to give Rebate. For private activity bonds,use Form
GC is used by issuers of tax
the IRS notice of the election to pay a penalty 8038Information Return for Tax-Exempt
Form 8038 in lieu of arbitrage rebate.
exempt govemmental obligations to provide Private Activity Bond Issues.
the IRS with the information required by
section 149(e)and to monitor the When to File Rounding to Whole Dollars
requirements of sections 141 through 150. To file a separate return,file Form 8038-GC
on or before the 15th day of the second You may show the money items on this return
calendar month after the close of the calendar as whole-dollar amounts. To do so,drop any
Who Must File quarter in which the issue is issued. amount less than 50 cents and increase any
Issuers of tax-exempt governmental To file a consolidated return,fife Form amount from 50 cents through 99 cents to the
obligations with issue prices 8 less than 8038-GC on or before February 15th of the next higher dollar.
$10suers must file Form goner C. calendar year following the year in which the
Issuers of a tax-exempt governmental issue is issued. Definitions
obligation with F issue price In ormati n or late filing. An issuer may be granted an
more must five Form 8038-G,Information der Obligations.This refers to a single
extension of time to fife Form 8038-GC un
Return for Tax Exempt Governmental Section 3 of Rev.Proc.88-10, 1988-1 C.B. tax-exempt governmental obligation if Form
Obligations. 635,if it is determined that the failure to file on 8038-GC is used for separate reporting or to
Filing a separate return.Issuers have the time is not due to willfulatneglect.T or multiple tax-exempt governmental obligations
option to file a separate Form 8038-GC for y�
any tax-exempt governmental obligation with print at the top of the form,'This Statement is 'If the form is used for consolidated reporting.
an issue price of fess$100,000. Submitted in Accordance with Rev.Proc.88- Tax-exempt obligation.This is a bond,
10.' Attach to the Form 8038-GC a letter installment purchase agreement,or financial
An issuer of a tax-exempt bond used to briefly stating why Form 8038-GC was not lease,on which the interest is excluded from
finance construction expenditures must file a submitted to the IRS on time, Also indicate income under section 103.
separate Form 8038-GC for each issue to whether the obligation in question is under
give notice to the IRS that an election was examination by the IRS. Do not submit Tax-exempt governmental obligation.A
made to pay a penalty in lieu of arbitrage copies of any bond documents,leases,or tax-exempt obligation that is not a private
rebate(see line 12 instructions). installment safe documents. activity bond(see below)is a tax-exempt
Filing a consolidated return.For all tax Where to Fiie governmental obligation.This includes a bond
exempt govemmental obligations with issue issued by a qualified volunteer fire department
prices of less than$100,000 that are not File Form 8038-GC,and any attachments, under section 150(e).
reported on a separate Form 8038-GC,an with the Internal Revenue Service Center, Private activity bond.This includes an
issuer must fife a consolidated information Ogden,UT 84219• obligation issued as part of an issue of which:
return including all such issues issued within a More than 10%of the proceeds are to be
the calendar year.
used for any private business use,
and
Cat.No 641086 Form 8038-GC(Rev.11-2000)
Schedule 3967213 Page 2
Lease
Payment Schedule Number: 3967200
Lease Lease
Payment Payment Lease Interest Principal Concluding
Number
Date Payment Portion Portion Payment
1 12 / 19 / 2006 38,364.92 0.00 38,364.92 69,557.24
2 12 / 19 / 2007 38,364.92 4,729.89 33, 635.03 35,922 .21
3 12 / 19 / 2008 38,364.92 2,442 .71 35, 922 .21
1.00
TOTALS 115,094.76 7,172 .60 107,922 .16
OPINION OF COUNSEL
With respect to that certain Master Equipment Lease-Purchase Agreement 3967200 dated 09120/1995 by and between Ford Motor Credit
Company(Lessor)and City of Redlands(Lessee)as Supplemented by Schedule 3967213 thereto(the"Master Agreement"),I am of the opinion that.
(1) Lessee is a political subdivision of the State, and has a substantial amount of one or more of the following sovereign powers: (a)the
power to tax,(b)the power of eminent domain,and(c)police power;
(2) Lessee has the requisite power and authority to purchase the Equipment(as defined in the Master Agreement)and to execute and
deliver the Master Agreement and to perform its obligations under the Master Agreement;
(3) the execution,delivery and performance by Lessee of the Master Agreement have been duly authorized by all necessary action on the
part of Lessee;
(4) the Uniform Commercial Code of the state where the Equipment is located and/or the certificate of title laws of such state will govern
the method of perfecting Lessor's security interest in the Equipment;
(5) the Master Agreement has been duly executed and delivered by Lessee and constitutes a legal, valid and binding obligation of Lessee
enforceable in accordance with its terms;
(6) there are no suits, proceedings or investigations pending or, to my knowledge, threatened against or affecting Lessee, at law or in.
equity,or before or by any governmental or administrative agency or instrumentality which,if adversely determined,would have a material adverse
effect on the transaction contemplated in the Master Agreement or the ability of Lessee to perform its obligations under the Master Agreement and
Lessee is not in default under any material obligation for the payment of borrowed money, for the deferred purchase price of property or for the
payment of any rent under any lease agreement which either individually or in the aggregate would have the same such effect;and
(7) all required public bidding procedures regarding the award of the Master Agreement and the purchase of the Equipment have been
followed by Lessee and no governmental orders, permissions,consents, approvals or authorizations are required to be obtained and no registrations
or declarations are required to be filed in connection with the execution and delivery of the Master Agreement.
Attorney r Lessee
Daniell. cHugh