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HomeMy WebLinkAboutContracts & Agreements_13-2022CITY OF REDLANDS, CALIFORNIA DOCUMENTATION INSTRUCTIONS The instructions listed below should be followed when completing the enclosed documentation. Please sign in blue ink and print on single sided paper only. Documentation completed improperly will delay funding. If you have any questions regarding the Conditions to Funding, instructions or the documentation, please call us at (877) 587-4054 I. Attached Documentation 1. Government Obligation Contract ♦ An authorized individual that is with the Obligor should sign on the first space provided. All original signatures are required for funding. 2. Exhibit A — Description of Equipment ♦ Review equipment description. Complete serial number/VIN if applicable. ♦ List the location where the equipment will be located after delivery/installation. 3. Exhibit B — Payment Schedule ♦ Sign and print name and title 4. Exhibit C Certificate of Acceptance ♦ Sign and print name and title 5. Exhibit D Obligor Resolution ♦ Type in the date of the meeting in which the purchase was approved. ♦ Print or type the name and title of the individual(s) who is authorized to execute the Contract. ♦ The secretary chairman or other authorized board member of the Obligor must sign the Resolution where indicated. ♦ A second authorized individual that is with the Obligor should attest the Resolution where indicated 6. Exhibit E Bank Qualified Certificate ♦ Sign and print name and title 7 Insurance Requirements ♦ Complete insurance company contact information where indicated 8. Debit Authorization — (Preferred) ♦ Complete form and attach a voided check 9. 8038G IRS Form ♦ Please read 8038 Review Form ♦ In Box 2, type Employer Identification Number ♦ Sign and print name and title II. Additional Documentation Required 1. First payment check as stated on attached invoice 2. Insurance certificate as stated on the Insurance Requirements Form 3. Vendor Invoice for the amount to finance listing applicable SN/VIN, down payment, trade, etc. 4 Signed and completed Credit Application III. Condition to Funding If, for any reason (i) the required documentation is not returned by April 7, 2022, is incomplete, or has unresolved issues relating thereto, or (ii) on, or prior to the return of the documentation, there is a change of circumstance, including but not limited to changes in the federal corporate income tax rate or reducing/capping the tax-exempt interest benefit, which adversely affects the expectations, rights or security of the Obligee or its assignees; then Obligee or its assignees reserve the right to withdraw/void its offer to fund this transaction in its entirety Neither KS StateBank nor Baystone Government Finance is acting as an advisor to the municipal entity/obligated person and neither owes a fiduciary duty pursuant to Section 15B of the Exchange Act of 1934 All documentation should be returned to: KS StateBank 2627 KFB Plaza, Suite 202E Manhattan, Kansas 66503 CA SFP Abatement Firm Term BQ GOVERNMENT OBLIGATION CONTRACT Obligor City of Redlands, California 35 Cajon Street Redlands, California 92373 Dated as of December 31, 2021 This Government Obligation Contract dated as of the date listed above is between Obligee and Obligor listed directly above. Obligee desires to finance the purchase of the Equipment described In Exhibit A to Obligor and Obligor desires to have Obligee finance the purchase of the Equipment subject to the terms and conditions of this Contract which are set forth below. Definitions Section 1.01 Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise: 'Additional Schedule' refers to the proper execution of additional schedules to Exhibit A and Exhibit B, as well as other exhibits or documents that may be required by the Obligee all of which relate to the financing of additional Equipment. 'Budget Year' means the Obligor's fiscal year 'Commencement Date' is the date when Obligor's obligation to pay Contract Payments begins. 'Contract' means this Government Obligation Contract and all Exhibits attached hereto, all addenda, modifications, schedules, refinancings, guarantees and all documents relied upon by Obligee prior to execution of this Contract. 'Contract Payments' means the payments Obligor is required to make under this Contract as set forth on Exhibit 8. 'Contract Term' means the Original Term and all Renewal Terms, 'Exhibit' includes the Exhibits attached hereto, and any 'Additional Schedule' whether now existing or subsequently created. 'Equipment' means all of the items of Equipment listed on Exhibit A and any Additional Schedule, whether now existing or subsequently created, and all replacements, restorations, modifications and Improvements. 'Government' as used In the title hereof means a State or a political subdivision of the State within the meaning of Section 103(a) of the Internal Revenue Code of 1986, as amended ("Code"), or a constituted authority or district authorized to Issue obligations on behalf of the State or political subdivision of the State within the meaning of Treasury Regulation 1.103-1(b), or a qualified volunteer fire company within the meaning of section 150(e)(1) of the Code. 'Obligee' means the entity originally listed above as Obligee or any of its assignees. 'Obligor' means the entity listed above as Obligor and which is financing the Equipment through Obligee under the provisions of this Contract. 'Original Term' means the period from the Commencement Date until the end of the Budget Year of Obligor 'Renewal Term' means the annual term which begins at the end of the Original Term and which is simultaneous with Obligor's Budget Year and each succeeding Budget Year for the number of Budget Years necessary to comprise the Contract Term, 'State' means the state which Obligor is located. II. Obligor Warranties Section 2,01 Obligor represents, warrants and covenants as follows for the benefit of Obligee or Its assignees: (a) Obligor is an 'issuer of tax exempt obligations' because Obligor is the State or a political subdivision of the State within the meaning of Section 103(a) of the Internal Revenue Code of 1986, as amended, (the 'Code") or because Obligor is a constituted authority or district authorized to issue obligations on behalf of the State or political subdivision of the State within the meaning of Treasury Regulation 1.103-1(b), or a qualified volunteer fire company within the meaning of section 150(e)(1) of the Code. (b) Obligor has complied with any requirement for a referendum and/or competitive bidding. (c) Obligor has complied with all statutory laws and regulations that may be applicable to the execution of this Contract; Obligor and its officer executing this Contract, are authorized under the Constitution and laws of the State to enter into this Contract and have used and followed all proper procedures of its governing body in executing and delivering this Contract. The officer of Obligor executing this Contract has the authority to execute and deliver this Contract. This Contract constitutes a legal, valid, binding and enforceable obligation of the Obligor in accordance with its terms. (d) Obligor shall use the Equipment only for essential, traditional government purposes. (e) Should the IRS disallow the tax-exempt status of the interest portion of the Contract Payments as a result of the failure of the Obligor to use the Equipment for governmental purposes, or should the Obligor cease to be an issuer of tax exempt obligations, or should the obligation of Obligor created under this Contract cease to be a tax exempt obligation for any reason, then Obligor shall be required to pay additional sums to the Obligee or its assignees so as to bring the after tax yield on this Contract to the same level as the Obligee or its assignees would attain if the transaction continued to be tax-exempt. Obligor will submit to the Secretary of the Treasury an information reporting statement as required by the Code, Upon request by Obligee, Obligor will provide Obligee with current financial statements, reports, budgets or other relevant fiscal Information. Obligor shall retain the Equipment free of any hazardous substances as defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et, seq. as amended and supplemented. Obligor hereby warrants the General Fund of the Obligor Is the primary source of funds or a backup source of funds from which the Contract Payments will be made. Obligor presently intends to continue this Contract for the Original Term and all Renewal Terms as set forth on Exhibit B hereto. The official of Obligor responsible for budget preparation will include in the budget request for each Budget Year the Contract Payments to become due in such Budget Year and will use all reasonable and lawful means available to secure the appropriation of money for such Budget Year sufficient to pay the Contract Payments coming due therein. Obligor reasonably believes that moneys can and will lawfully be appropriated and made available for this purpose. (k) Obligor has selected both the Equipment and the vendor(s) from whom the Equipment is to be purchased upon its own judgment and without reliance on any manufacturer, merchant, vendor or distributor or agent thereof, of such equipment to the public. (I) Obligor owns the Equipment and any additional collateral free and clear of any liens, and Obligor has not and will not, during the Contract Term, create, permit, incur or assume any levies, liens or encumbrances of any kind with respect to the Equipment or any additional collateral except those created by this Contract. Obligor warrants, as applicable, the purchase of any telecommunications and video surveillance services or equipment financed hereunder complies with 2 CFR § 200.216 and 2 CFR § 200.471. (n) Obligor finds and determines that the amount of the Contract Payments set forth in Exhibit B are equal to the fair rental value of the related Equipment during the respective Budget Year of Obligor in which such Contract Payments are made. (o) The Equipment will have a useful life that is substantially in excess of the Contract Term. Section 2.02 Escrow Agreement. In the event both Obligee and Obligor mutually agree to utilize an Escrow Account, then Immediately following the execution and delivery of this Contract, Obligee and Obligor agree to execute and deliver and to cause Escrow Agent to execute and deliver the Escrow Agreement. This Contract shall take effect only upon execution and delivery of the Escrow Agreement by the parties thereto, Obligee shall deposit or cause to be deposited with the Escrow Agent for credit to the Equipment Acquisition Fund the sum of N/A, which shall be held, invested and disbursed in accordance with the Escrow Agreement. III. Acquisition of Equipment, Contract Payments and the Purchase Option Price Section 3.01 Acquisition and Acceptance. Obligor shall be solely responsible for the ordering of the Equipment and for the delivery and installation of the Equipment. Execution of the Certificate of Acceptance or alternatively, Payment Request and Equipment Acceptance Form, by a duly authorized representative of Obligor shall constitute acceptance of the Equipment on behalf of the Obligor Section 3.02 Contract Payments. Obligor shall pay Contract Payments exclusively to Obligee or its assignees in lawful, legally available money of the United States of America. The Contract Payments shall be sent to the location specified by the Obligee or its assignees. The Contract Payments, payable without notice or demand, are due as set forth on Exhibit B. Obligee shall have the option to charge interest at the highest lawful rate on any Contract Payment received later than the due date for the number of days that the Contract Payment(s) were late, plus any additional accrual on the outstanding balance for the number of days that the Contract Payment(s) were late. Obligee shall also have the option, on monthly payments only, to charge a late (f) (g) (h) (m) Obligee KS StateBank 1010 Westloop, P 0 Box 69 Manhattan, KS 66505-0069 fee of up to 10% of the monthly Contract Payment that Is past due. Furthermore, Obligor agrees to pay any fees associated with the use of a payment system other than check, wire transfer or ACH. Once all amounts due Obligee hereunder have been received, Obligee will release any and all of its rights, title and Interest in the Equipment. Section 3.03 Abatement. During any period in which, by reason of material damage or destruction or taking under the power of eminent domain (or sale to any entity threatening the use of such power) or material title defect with respect to the Equipment, there is substantial Interference with the use and possession by Obligor of the Equipment, the Contract Payments due under the Contract with respect to the Equipment shall be abated proportionately in whole or In part. Obligor shall Immediately notify Obligee upon the occurrence of any event causing substantial interference with Obligor's use and possession of the Equipment and such notice shall be provided prior to the abatement of any Contract Payments. The amount of abatement shall be such that the remaining rental obligation represents fair consideration for Obligor's use and possession of the Equipment, or portions thereof, not substantially Interfered with, and end on the earlier of the date on which the use and possession of the Equipment Is restored to Obligor or the date on which Obligor uses the Net Proceeds of insurance or a condemnation awards to pay the Contract Payments or the applicable Purchase Option Price. In the event of any such interference, this Contract and the related abatement agreement shall continue in full force and effect. To the extent allowed by law, Obligor waives the benefits of Civil Code Section 1932 and any and all other rights to terminate this Contract and the related Abatement agreement by virtue of any interference with the use and possession of any Equipment, although such waiver shall not constitute a waiver of abatement of Contract Payments, as set forth in this section. Section 3.04 Contract Payments Unconditional. Except as provided in Section 3.03, the obligation of Obligor to make Contract Payments or any other payments required hereunder shall be absolute and unconditional in all events. NOTWITHSTANDING ANY DISPUTE BETWEEN OBLIGOR AND OBLIGEE OR BETWEEN OBLIGOR AND VENDOR OR ANY OTHER PERSON, OBLIGOR SHALL MAKE ALL CONTRACT PAYMENTS AND OTHER PAYMENTS REQUIRED HEREUNDER WHEN DUE AND SHALL NOT WITHHOLD ANY CONTRACT PAYMENT OR OTHER PAYMENT PENDING FINAL RESOLUTION OF SUCH DISPUTE NOR SHALL OBLIGOR ASSERT ANY RIGHT OF SET-OFF OR COUNTERCLAIM AGAINST ITS OBLIGATION TO MAKE CONTRACT PAYMENTS OR OTHER PAYMENTS REQUIRED HEREUNDER. Obligor's obligation to make Contract Payments or other payments shall not be abated on account of failure of the Equipment to perform as desired or obsolescence of the Equipment and shall not be abated through accident or unforeseen circumstances except as provided in Section 3.03. Section 3.05 Purchase Option Price. Upon thirty (30) days written notice, Obligor shall have the option to pay, in addition to the Contract Payment, the corresponding Purchase Option Price which is listed on the same line on Exhibit B. This option Is only available to the Obligor on the Contract Payment date and no partial prepayments are allowed. If Obligor chooses this option and pays the Purchase Option Price to Obligee then Obligee will transfer any and all of its rights, title and interest In the Equipment to Obligor Section 3.06 Contract Term. The Contract Term shall be the Original Term and all Renewal Terms until all the Contract Payments are paid as set forth on Exhibit B except as provided under Section 9.01 below Section 3.07 Disclaimer of Warranties. OBLIGEE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER WARRANTY WITH RESPECT TO THE EQUIPMENT OBLIGEE IS NOT A MANUFACTURER, SELLER, VENDOR OR DISTRIBUTOR, OR AGENT THEREOF OF SUCH EQUIPMENT NOR IS OBLIGEE A MERCHANT OR IN THE BUSINESS OF DISTRIBUTING SUCH EQUIPMENT TO THE PUBLIC. OBLIGEE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF THE INSTALLATION, OPERATION, POSSESSION, STORAGE OR USE OF THE EQUIPMENT BY OBLIGOR. IV Appropriation of Money Section 4.01 Appropriation. The person or entity In charge of preparing Obligor's budget will include in the budget request for each Budget Year the Contract Payments to become due In such Budget Year with respect to the Contract, and will use all reasonable and lawful means available to secure the appropriation of money for such Budget Year sufficient to pay all such Contract Payments coming due therein. The covenants on the part of Obligor contained In this Contract, Including the covenant to budget and appropriate amounts necessary to make Contract Payments, shall be deemed to be duties imposed by law, and It shall be the duty of each and every public official of Obligor to take such action and do such things as required by law in the performance of the official duty of such officials to enable Obligor to carry out and perform the covenants and contracts in this Contract. This Contract and each abatement agreement represent a firm contract and not a non -appropriation contract. V Insurance, Damage, Insufficiency of Proceeds Section 5.01 Insurance. Obligor shall maintain both casualty Insurance, liability insurance and rental interruption and loss of use and occupancy Insurance at Its own expense with respect to the Equipment. obligor shall be solely responsible for selecting the insurer(s) and for making all premium payments and ensuring that all policies are continuously kept in effect during the period when Obligor is required to make Contract Payments. Obligor shall provide Obligee with a Certificate of Insurance which lists the Obligee and/or assigns as a loss payee and an additional insured on the policies with respect to the Equipment. (a) Obligor shall Insure the Equipment against any loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use In the State and any other risks reasonably required by Obligee In an amount at least equal to the then applicable Purchase Option Price of the Equipment. Alternatively, Obligor may insure the Equipment under a blanket insurance policy or policies. (b) The liability Insurance shall insure Obligee from liability and property damage In any form and amount satisfactory to Obligee. (c) Obligor shall maintain or cause to be maintained at its expense throughout the Contract, rental interruption Insurance against loss of use of the Equipment or portions thereof with coverage equal to the maximum total Contract Payments payable under the Contract by Obligor for any consecutive 24-month period. The policy shall Insure against abatement of Contract Payments payable by Obligor resulting from Obligor's loss of use of the Equipment or any substantial portion thereof and caused by any and all perils, either insured or uninsured, including acts of God. The Net Proceeds of such insurance shall be payable to Obligee in amounts proportionate to Obligor's loss of use of the Equipment and the corresponding rental abatement, if any, and shall supplement Contract Payments made by Obligor if any, during the period In which Obligor's use and occupancy of the Equipment is being restored in sufficient amounts to make Obligee whole. (d) Obligor may self -insure against the casualty risks and liability risks described above. If obligor chooses this option, Obligor must furnish Obligee with a certificate and/or other documents which evidences such coverage. (e) All insurance policies issued or affected by this Section shall be so written or endorsed such that the Obligee and its assignees are named additional insureds and loss payees and that all losses are payable to Obligor and Obligee or Its assignees as their interests may appear Each policy issued or affected by this Section shall contain a provision that the insurance company shall not cancel or materially modify the policy without first giving thirty (30) days advance notice to Obligee or its assignees. Obligor shall furnish to Obligee certificates evidencing such coverage throughout the Contract Term. Section 5.02 Damage to or Destruction of Equipment. Obligor assumes the risk of loss or damage to the Equipment. If the Equipment or any portion thereof is lost, stolen, damaged, or destroyed by fire or other casualty, Obligor will immediately report all such losses to all possible insurers and take the proper procedures to obtain all insurance proceeds. At the option of Obligee, Obligor shall either (1) apply the Net Proceeds to replace, repair or restore the Equipment or (2) apply the Net Proceeds to the applicable Purchase Option Price. For purposes of this Section and Section 5.03, the term Net Proceeds shall mean the amount of Insurance proceeds collected from all applicable insurance policies after deducting all expenses Incurred in the collection thereof. Section 5.03 Insufficiency of Net Proceeds. If there are no Net Proceeds for whatever reason or if the Net Proceeds are insufficient to pay in full the cost of any replacement, repair restoration, modification or improvement of the Equipment, then Obligor shall, at the option of Obligee, either (1) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds or (2) apply the Net Proceeds to the Purchase Option Price and pay the deficiency, if any, to the Obligee. Section 5.04 Obligor Negligence. Obligor assumes all risks and liabilities, whether or not covered by insurance, for loss or damage to the Equipment and for injury to or death of any person or damage to any property whether such injury or death be with respect to agents or employees of Obligor or of third parties, and whether such property damage be to Obligor's property or the property of others (including, without limitation, liabilities for loss or damage related to the release or threatened release of hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act or similar or successor law or any State or local equivalent now existing or hereinafter enacted which in any manner arise out of or are Incident to any possession, use, operation, condition or storage of any Equipment by Obligor), which is proximately caused by the negligent conduct of Obligor its officers, employees and agents. Section 5.05 Reimbursement. obligor hereby assumes responsibility for and agrees to reimburse Obligee for all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorneys' fees) of whatsoever kind and nature, imposed on, incurred by or asserted against Obligee that in any way relate to or arise out of a claim, suit or proceeding, based In whole or in part upon the negligent conduct of Obligor Its officers, employees and agents, or arose out of installation, operation, possession, storage or use of any Item of the Equipment, to the maximum extent permitted by law. VI. Title and Security Interest Section 6.01 Title. Title to the Equipment shall vest in Obligor when Obligor acquires and accepts the Equipment. Title to the Equipment will automatically transfer to the Obligee in the event Obligor defaults under Section 9.01. In such event, Obligor shall execute and deliver to Obligee such documents as Obligee may request to evidence the passage of legal title to the Equipment to Obligee. Section 6.02 Security Interest. To secure the payment of all Obligor's obligations under this Contract, as well as all other obligations, debts and liabilities, plus interest thereon, whether now existing or subsequently created, Obligor hereby grants to Obligee a security interest under the Uniform Commercial Code constituting a first lien on the Equipment described more fully on Exhibit A. Furthermore, Obligor agrees that any other collateral securing any other obligation(s) to Obligee, whether offered prior to or subsequent hereto, also secures this obligation. The security interest established by this section includes not only all additions, attachments, repairs and replacements to the Equipment but also all proceeds therefrom. Obligor authorizes Obligee to prepare and record any Financing Statement required under the Uniform Commercial Code to perfect the security Interest created hereunder Obligor agrees that any Equipment listed on Exhibit A is and will remain personal property and will not be considered a fixture even if attached to real property VII. Assignment Section 7.01 Assignment by Obligee. All of Obligee's rights, title and/or interest In and to this Contract may be assigned and reassigned In whole or in part to one or more assignees or sub - assignees by Obligee at any time without the consent of Obligor No such assignment shall be effective as against Obligor until the assignor shall have filed with Obligor written notice of assignment Identifying the assignee. Obligor shall pay all Contract Payments due hereunder relating to such Equipment to or at the direction of Obligee or the assignee named in the notice of assignment. Obligor shall keep a complete and accurate record of all such assignments. Section 7.02 Assignment by Obligor. None of Obligor's right, title and Interest under this Contract and in the Equipment may be assigned by Obligor unless Obligee approves of such assignment in writing before such assignment occurs and only after Obligor first obtains an opinion from nationally recognized counsel stating that such assignment will not Jeopardize the tax-exempt status of the obligation. VIII. Maintenance of Equipment Section 8.01 Equipment. Obligor shall keep the Equipment in good repair and working order and as required by manufacturer's and warranty specifications. If Equipment consists of copiers, Obligor is required to enter into a copier maintenance/service agreement. Obligee shall have no obligation to Inspect, test, service, maintain, repair or make improvements or additions to the Equipment under any circumstances. Obligor will be liable for all damage to the Equipment, other than normal wear and tear caused by Obligor its employees or Its agents. Obligor shall pay for and obtain all permits, licenses and taxes related to the ownership, installation, operation, possession, storage or use of the Equipment. If any fees are required to be paid by the California Debt & Investment Advisory Commission then such fees shall be paid directly from the Obligor to the California Debt & Investment Advisory Commission. If the Equipment includes any titled vehicle(s), then Obligor is responsible for obtaining such title(s) from the State and also for ensuring that Obligee is listed as First Lienholder on all of the title(s), Obligor shall not use the Equipment to haul, convey or transport hazardous waste as defined in the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et. seq. Obligor agrees that Obligee or its Assignee may execute any additional documents including financing statements, affidavits, notices, and similar instruments, for and on behalf of Obligor which Obligee deems necessary or appropriate to protect Obligee's interest in the Equipment and in this Contract. Obligor shall allow Obligee to examine and inspect the Equipment at all reasonable times. IX. Default Section 9.01 Events of Default defined. The following events shall constitute an 'Event of Default' under this Contract: (a) Failure by Obligor to pay any Contract Payment listed on Exhibit B for fifteen (15) days after such payment is due according to the Payment Date listed on Exhibit B, other than by reason of abatement as provided under Section 3.03. (b) Failure by Obligor to maintain any of the insurances as required under section 5.01, (c) Failure to pay any other payment required to be paid under this Contract at the time specified herein and a continuation of said failure for a period of fifteen (15) days after written notice by Obligee that such payment must be made. If Obligor continues to fail to pay any payment after such period, then Obligee may, but will not be obligated to, make such payments and charge Obligor for all costs Incurred plus interest at the highest lawful rate. (d) Failure by Obligor to observe and perform any warranty, covenant, condition, promise or duty under this Contract for a period of thirty (30) days after written notice specifying such failure is given to Obligor by Obligee, unless Obligee agrees in writing to an extension of time. Obligee will not unreasonably withhold its consent to an extension of time if corrective action is instituted by Obligor Subsection (c) does not apply to Contract Payments and other payments discussed above. (e) Any statement, material omission, representation or warranty made by Obligor In or pursuant to this Contract which proves to be false, incorrect or misleading on the date when made regardless of Obligor's intent and which materially adversely affects the rights or security of Obligee under thls Contract. (f) Any provision of this Contract which ceases to be valid for whatever reason and the loss of such provision would materially adversely affect the rights or security of Obligee. (g) Obligor admits in writing its inability to pay its obligations. (h) Obligor defaults on one or more of its other obligations. (i) Obligor becomes insolvent, is unable to pay Its debts as they become due, makes an assignment for the benefit of creditors, applies for or consents to the appointment of a receiver, trustee, conservator custodian, or liquidator of Obligor or all or substantially all of Its assets, or a petition for relief is filed by Obligor under federal bankruptcy, insolvency or similar laws, or is filed against Obligor and is not dismissed within thirty (30) days thereafter Section 9.02 Remedies on Default. Whenever any Event of Default exists, Obligee shall have the right to take one or any combination of the following remedial steps: (a) Obligee, with or without terminating this Contract, may collect each installment of Contract Payments as it becomes due and payable with respect to the Equipment in accordance with Exhibit B to the end of the Contract Term. (b) Obligee, with or without terminating this Contract, may repossess any or all of the Equipment by giving Obligor written notice to deliver the Equipment to the location designated by Obligee. In the event Obligor fails to do so within ten (10) days after receipt of such notice, Obligee may enter upon Obligor's premises where the Equipment is kept and take possession of the Equipment and charge Obligor for costs incurred in repossessing the Equipment, Including reasonable attorneys' fees. Obligor hereby expressly waives any damages occasioned by such repossession. If the Equipment or any portion of it has been destroyed or damaged beyond repair, Obligor shall pay the applicable Purchase Option Price of the damaged or destroyed Equipment as set forth in the Contract Payment Schedule. Notwithstanding the fact that Obligee has taken possession of the Equipment, Obligor shall continue to be responsible for the Contract Payments with respect thereto as and when such Contract Payments become or would have become due and payable. (c) If Obligee, in its discretion, takes possession and disposes of the Equipment or any portion thereof, Obligee shall apply the proceeds of any such disposition to pay the following items in the following order (I) all costs (including, but not limited to, attorneys' fees) incurred in securing possession of the Equipment; (ii) all expenses incurred in completing the disposition; (iii) any sales or transfer taxes; and (iv) the balance of any Contract Payments with respect thereto as and when such Contract Payment would become due and payable. Any disposition proceeds remaining after the requirements of clauses (I), (li), (iii), (Iv) have been met shall be paid to Obligor (d) By action pursuant to the California Code of Civil Procedure, or as otherwise provided by law, obtain the issuance of a writ of mandamus enforcing, for the entire balance due, or as it becomes due, under Exhibit B of the Contract, the duty of Obligor to appropriate and take all other administrative steps necessary for the making of all Contract Payments. (e) Obligee may take any other remedy available at law or in equity with respect to an Event of Default, Including (without limitation) those requiring Obligor to perform any of its obligations under this Contract or to pay any moneys due and payable to Obligee, provided Obligee shall have no right to accelerate Contract Payments or otherwise declare any Contract Payments not then In default to be immediately due and payable. Section 9.03 No Remedy Exclusive. No remedy herein conferred upon or reserved to Obligee is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Contract now or hereafter existing at law or in equity No delay or omission to exercise any right or power accruing upon any default shall impair any such right or shall be construed to be a waiver thereof Section 9.04 Return of Equipment and Storage. (a) Surrender. The Obligor shall, at Its own expense, surrender the Equipment, any additional collateral and all required documentation to evidence transfer of title from Obligor to the Obligee in the event of a default by delivering the Equipment and any additional collateral to the Obligee to a location accessible by common carrier and designated by Obligee. In the case that any of the Equipment and any additional collateral consists of software, Obligor shall destroy all intangible items constituting such software and shall deliver to Obligee all tangible items constituting such software. At Obligee's request, Obligor shall also certify In a form acceptable to Obligee that Obligor has complied with the above software return provisions and that they will immediately cease using the software and that they shall permit Obligee and/or the vendor of the software to inspect Obligor's locations to verify compliance with the terms hereto. (b) Delivery. The Equipment and any additional collateral shall be delivered to the location designated by the Obligee by a common carrier unless the Obligee agrees in writing that a common carrier is not needed. When the Equipment and any additional collateral is delivered into the custody of a common carrier the Obligor shall arrange for the shipping of the item and its insurance in transit In accordance with the Obligee's instructions and at the Obligor's sole expense. Obligor at its expense shall completely sever and disconnect the Equipment and any additional collateral or its component parts from the Obligor's property all without liability to the Obligee. Obligor shall pack or crate the Equipment and any additional collateral and all of the component parts of the Equipment and any additional collateral carefully and in accordance with any recommendations of the manufacturer The Obligor shall deliver to the Obligee the plans, specifications, operation manuals or other warranties and documents furnished by the manufacturer or vendor on the Equipment and any additional collateral and such other documents in the Obligor's possession relating to the maintenance and methods of operation of such Equipment and any additional collateral. (c) Condition: When the Equipment Is surrendered to the Obligee it shall be in the condition and repair required to be maintained under this Contract. It will also meet all legal regulatory conditions necessary for the Obligee to sell or lease It to a third party and be free of all liens. If Obligee reasonably determines that the Equipment or an Item of the Equipment, once it is returned, is not in the condition required hereby, Obligee may cause the repair, service, upgrade, modification or overhaul of the Equipment or an item of the Equipment to achieve such condition and upon demand, Obligor shall promptly reimburse Obligee for all amounts reasonably expended in connection with the foregoing. (d) Storage: Upon written request by the Obligee, the Obligor shall provide free storage for the Equipment and any additional collateral for a period not to exceed 60 days after the expiration of the Contract Term before returning it to the Obligee. The Obligor shall arrange for the insurance described to continue in full force and effect with respect to such item during its storage period and the Obligee shall reimburse the Obligor on demand for the Incremental premium cost of providing such Insurance. X. Miscellaneous Section 10.01 Notices. All notices shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid, to the parties at their respective places of business as first set forth herein or as the parties shall designate hereafter In writing. Section 10.02 Binding Effect. Obligor acknowledges this Contract is not binding upon the Obligee or its assignees unless the Conditions to Funding listed on the Documentation Instructions have been met to Obligee's satisfaction, and Obligee has executed the Contract. Thereafter, this Contract shall inure to the benefit of and shall be binding upon Obligee and Obligor and their respective successors and assigns Section 10.03 Severability. In the event any provision of this Contract shall be held invalid or unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision hereof Section 10.04 Amendments, Addenda, Changes or Modifications. This Contract may be amended added to changed or modified by written agreement duly executed by Obligee and Obligor Furthermore Obligee reserves the right to directly charge or amortize into the remaining balance due from Obligor a reasonable fee to be determined at that time as compensation to Obligee for the additional administrative expense resulting from such amendment, addenda, change or modification requested by Obligor Section 10.05 Execution in Counterparts. This Contract may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument Section 10.06 Captions. The captions or headings in this Contract do not define limit or describe the scope or intent of any provisions or sections of this Contract Section 10.07 Master Contract. This Contract can be utilized as a Master Contract This means that the Obligee and the Obligor may agree to the financing of additional Equipment under this Contract at some point in the future by executing one or more Additional Schedules to Exhibit A and Exhibit B as well as other exhibits or documents that may be required by Obligee Additional Schedules will be consecutively numbered on each of the exhibits which make up the Additional Schedule and all the terms and conditions of the Contract shall govern each Additional Schedule Section 10.08 Entire Writing. This Contract constitutes the entire writing between Obligee and Obligor No waiver, consent, modification or change of terms of this Contract shall bind either party unless in writing and signed by both parties, and then such waiver consent, modification or change shall be effective only in the specific instance and for the specific purpose given There are no understandings agreements representations conditions or warranties express or implied which are not specified herein regarding this Contract the Equipment or any additional collateral financed hereunder Any terms and conditions of any purchase order or other documents submitted by Obligor in connection with this Contract which are in addition to or inconsistent with the terms and conditions of this Contract will not be binding on Obligee and will not apply to this Contract. Obligee and • • ': • •.ve caused this Contract to be executed in their names by their duly authorized representatives listed below gnature Paul T Barlch, Mayor Printed Name and Title KS StateBank Signature Jaymie Paavola Luckert, Vice President Printed Name and Title Schedule (01) EXHIBIT A DESCRIPTION OF EQUIPMENT RE. Government Obligation Contract dated as of December 31, 2021, between KS StateBank (Obligee) and City of Redlands, California (Obligor) Below is a detailed description of all the items of Equipment including quantity, model number and serial number where applicable: One Hundred Two (102) Body Worn Cameras and Assorted Accessories Physical Address of Equipment after Delivery Schedule (01) EXHIBIT B PAYMENT SCHEDULE RE Government Obligation Contract dated as of December 31, 2021, between KS StateBank (Obligee) and City of Redlands, California (Obligor) Date of First Payment Original Balance Total Number of Payments Number of Payments Per Year At Closing $478,065 00 Five (5) One (1) Pmt Due Contract Applied to Applied to *Purchase No Date Payment Interest Principal Option Price 1 At Closing $95,613 00 $0.00 $95,613 00 $362,045 42 2 31 Dec 22 $95,613 00 $0.00 $95,613 00 $274,506.03 3 31 Dec 23 $95,613 00 $0 00 $95,613 00 $185,014.51 4 31-Dec 24 $95,613 00 $0.00 $95,613 00 $93,527 33 5 31 Dec 25 $95 613 00 $0 00 $95 613 00 $0 00 By signing below, Obligor acknowledges that its obligation to make the Contract Payments set forth in Exhibit B to the Contract includes repayment of the principal amount of $478,065 00, together with interest at 0 000% Furthermore the amount financed by Obligor is $453 752 41 and such amount is the issue price of this Contract for federal income tax purposes The difference between the principal amount of this Contract and the issue price is original issue discount as defined in section 1288 of the Internal Revenue Code of 1986, as amended The yield of this Contract for federal income tax purposes is 2 680% Such issue price and yield will be stated in the applicable Form 8038-G City of Redlan gnature Paul T Barich, Mayor Printed Name and Title *Assumes all Contract Payments due to date are paid Schedule (01) EXHIBIT C CERTIFICATE OF ACCEPTANCE RE Government Obligation Contract dated as of December 31, 2021, between KS StateBank (Obligee) and City of Redlands, California (Obligor) I, the undersigned, hereby certify that I am a duly qualified representative of Obligor and that I have been given the authority by the Governing Body of Obligor to sign this Certificate of Acceptance with respect to the above referenced Contract I hereby certify that 1 The Equipment described on Exhibit A has been delivered and installed in accordance with Obligor's specifications. 2 Obligor has conducted such inspection and/or testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes 3 Obligor has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Contract Payments required to be paid under the Contract during the current Budget Year of Obligor, and such moneys will be applied in payment of all Contract Payments due and payable during such current Budget Year 4 Obligor has obtained insurance coverage as required under the Contract from an insurer qualified to do business in the State 5 No event or condition that constitutes or would constitute an Event of Default exists as of the date hereof 6 The governing body of Obligor has approved the authorization execution and delivery of this Contract on its behalf by the authorized representative of Obligor who signed the Contract 7 Please list the Source of Funds (Fund Item in Budget) for the Contract Payments that come due under Exhibit B of this Contract Source of Funds General Fund By signing below, Obligor hereby authorizes the General Fund of the Obligor as a backup source of funds from which the Contract Payments can be made C� ity of Redla if Signature Paul T Barich, Mayor Printed Name and Title Schedule (01) EXHIBIT D OBLIGOR RESOLUTION RE Government Obligation Contract dated as of December 31, 2021, between KS StateBank (Obligee) and City of Redlands, California (Obligor) At a duly called meeting of the Governing Body of the Obligor (as defined in the Contract) held on February 1, 2022 resolution was introduced and adopted BE IT RESOLVED by the Governing Body of Obligor as follows the following 1 Determination of Need The Governing Body of Obligor has determined that a true and very real need exists for the acquisition of the Equipment described on Exhibit A of the Government Obligation Contract dated as of December 31, 2021, between City of Redlands, California (Obligor) and KS StateBank (Obligee) 2 Approval and Authorization The Governing Body of Obligor has determined that the Contract substantially in the form presented to this meeting, is in the best interests of the Obligor for the acquisition of such Equipment and the Governing Body hereby approves the entering into of the Contract by the Obligor and hereby designates and authorizes the following person(s) to execute and deliver the Contract on Obligor's behalf with such changes thereto as such person(s) deem(s) appropriate, and any related documents, including any Escrow Agreement necessary to the consummation of the transaction contemplated by the Contract Authorized Individuals) Paul T Barlch, Mayor (Typed or Printed Name and Title of individual(s) authorized to execute the Contract) 3 Adoption of Resolu 'on- T-he signatures below from the designated individuals from the Governing Body of the Obligor evidence the adoption by the Gove ng Body of this Resolution Signature (Signature of Secretary Board Chairman or other member of the Governing Body) Printed Name & Title Paul T Barlch, Mayor Attested By (s Printed Name (Printed Name and Title of individual who signed directly above) of one additional person who can witness the passage of this Resolution) Jeanne Donaldson, City Clerk (Printed Name of individual who signed directly above) Schedule (01) EXHIBIT E BANK QUALIFIED CERTIFICATE RE Government Obligation Contract dated as of December 31, 2021, between KS StateBank (Obligee) and City of Redlands, California (Obligor) Whereas Obligor hereby represents that it is a "Bank Qualified" Issuer for the calendar year in which this Contract is executed by making the following designations with respect to Section 265 of the Internal Revenue Code of 1986, as amended (the "Code") (A "Bank Qualified Issuer" is an issuer that issues less than ten million ($10,000,000) dollars of tax exempt obligations other than "private activity bonds" as defined in Section 141 of the Code excluding certain "qualified 501(c)(3) bonds" as defined in Section 145 of the Code, during the calendar year) Now therefor Obligor hereby designates this Contract as follows 1 Designation as Qualified Tax Exempt Obligation Pursuant to Section 265(b)(3)(B)(i) of the Code, the Obligor hereby specifically designates the Contract as a "qualified tax exempt obligation" for purposes of Section 265(b)(3) of the Code In compliance with Section 265(b)(3)(D) of the Code the Obligor hereby represents that the Obligor will not designate more than $10 000 000 of obligations issued by the Obligor in the calendar year during which the Contract is executed and delivered as such "qualified tax exempt obligations" 2 Issuance Limitation In compliance with the requirements of Section 265(b)(3)(C) of the Code, the Obligor hereby represents that the Obligor (including all subordinate entities of the Obligor within the meaning of Section 265(b)(3)(E) of the Code) reasonably anticipates not to issue in the calendar year during which the Contract is executed and delivered obligations bearing interest exempt from federal income taxation under Section 103 of the Code (other than "private activity bonds" as defined in Section 141 of the Code and excluding certain "qualified 501(c)(3) bonds" as defined in Section 145 of the Code) in an amount greater than $10,000,000 Signature Paul T Barich, Mayor Printed Name and Title INSURANCE REQUIREMENTS Pursuant to Article V of the Government Obligation Contract, you have agreed to provide us evidence of insurance covering the Equipment. A Certificate of Insurance listing the information stated below should be sent to us no later than the date on which the equipment is delivered Insured: City of Redlands, California 35 Cajon Street Redlands, California 92373 Certificate Holder• KS StateBank 1010 Westloop, P 0 Box 69 Manhattan, Kansas 66505-0069 1. Equipment Description ♦ One Hundred Two (102) Body Worn Cameras and Assorted Accessories ♦ Please include all applicable VIN's, serial numbers, etc. 2. Deductible ♦ The deductible amounts on the insurance policy should not exceed $100,000.00 3. Physical Damage ♦ All risk coverage to guarantee proceeds of at least $478,065.00. 4. Loss Payee ♦ KS StateBank AOIA (and/or Its Assigns) MUST be listed as loss payee. 5. Rental Interruption / Abatement Insurance ♦ As set forth in Section 5.01(c) of the Contract. Please forward certificate as soon as possible to: Email dyordy@ksstate.bank or Fax: (785) 587-4016 Please complete the information below and return this form along with the Contract. Insurance Company• Agent's Name Telephone #• Fax #• Address. City, State Zip Email City of Redlands, California *PREFERRED* *As an additional payment option for Obligor, we are now providing the option of ACH (Automatic Clearing House). By completing this form, Obligor is authorizing Obligee to withdraw said payment amount on said date. DEBIT AUTHORIZATION I hereby authorize KS StateBank Government Finance Department to initiate debit entries for the Payment Amount (including, but not limited to, any late fees, rate changes, escrow modifications, etc.) I acknowledge that KS StateBank Government Finance Department may reinitiate returned entries up to two additional times, to the account indicated below at the financial institution named below and to debit the same to such account for• Contract Number 3359854 Payment Amount $95,613.00 Frequency of Payments Annual Beginning Month Year Day of Month Debits will be made according to Exhibit B of the Contract I acknowledge that the origination of ACH transactions to this account must comply with the provisions of U.S. law. Financial Institution Name Branch Address City State Zip Routing Number Account Number Type of Account ❑ Checking ['Savings If the account does not have sufficient funds, KS StateBank Government Finance Department may attempt, but shall have no obligation to continue to attempt to deduct the payment from the account. If the account has insufficient funds when KS StateBank Government Finance Department attempts to deduct a payment, KS StateBank Government Finance Department may terminate the automatic deduction of payments upon notice to borrower and me. Until such time as payment is made, borrower shall be responsible to make such payments, and all other payments that may be due to KS StateBank Government Finance Department regarding the above -referenced loan. This authority is to remain in full force and effect until KS StateBank has received written notification from any authorized signer of the account of its termination in such time and manner as to afford KS StateBank a reasonable opportunity to act on it. Obligor Name on Contract City of Redlands, California Signature Printed Name and Title Tax ID Number 95-6000766 Date PLEASE ATTACH COPY OF A VOIDED CHECK TO THIS FORM! USA Patriot Act USA Patriot Act requires identity verification for all new accounts. This means that we may require information from you to allow us to make a proper identification. ‚xvo'cb: DATE SENT 12-07 2021 BILL TO• CITY OF REDLANDS, CALIFORNIA ATTN ACCOUNTS PAYABLE 35 CAJON STREET REDLANDS, CALIFORNIA 92373 REMIT TO• KS STATEBANK GOVERNMENT FINANCE DEPARTMENT PO BOX 69 MANHATTAN, KS 66505-0069 FOR INQUIRIES. (877) 587-4054 ACCOUNT NUMBER 3359854 PAYMENT DATE At Closing PAYMENT DUE DATE At Closing TOTAL AMOUNT DUE $95,613.00 DESCRIPTION AMOUNT GOVERNMENT OBLIGATION CONTRACT DATED AS OF DECEMBER 31, 2021 ONE HUNDRED TWO (102) BODY WORN CAMERAS AND ASSORTED ACCESSORIES PAYMENT AMOUNT Additional interest will be assessed on any payment received after the due date. $95,613 00 $95,613.00 TOTAL DUE 8038 REVIEW FORM The 8038 form attached hereto is an important part of the documentation package and must be properly filled out and submitted to the Department of the Treasury in order for you to receive the lower tax-exempt rate. Unless you instruct us otherwise, we have engaged a Paid Preparer to assist in the filling out of this form The Paid Preparer has filled out the relevant portions of this form based on the current understanding of what is required by the Department of the Treasury The responses on this 8038 form are based on the dates and amounts which you have requested (structure of the transaction) and which are on the Payment Schedule. 1. Please review our responses for accuracy If anything is inaccurate, please contact our office so that we can make proper revisions. 2. If the information provided to you on this form is accurate, please sign where indicated and return with the document package. 3 If there are any changes to the structure of the transaction that occur prior to funding which require a change to the 8038 form, we will make such changes and provide notification to you. 4 We will return to you a copy of the 8038 form that was mailed to the Department of the Treasury Important Note: The IRS is now requesting information regarding tax-exempt issuers' and borrowers' written policies and procedures designed to monitor post issuance compliance with the federal tax rules applicable to tax-exempt obligations (boxes 43 and 44) Do not check items 43 and 44 on the 8038 form unless you have established written procedures in accordance with the instructions referenced directly below If you choose to "check" items 43 and/or 44, please be prepared to provide copies of such written procedures to the Paid Preparer or any representatives of the IRS upon request. Written procedures should contain certain key characteristics, including making provisions for• • Due diligence review at regular intervals; • Identifying the official or employee responsible for review; • Training of the responsible official/employee; • Retention of adequate records to substantiate compliance (e.g., records relating to expenditure of proceeds); • Procedures reasonably expected to timely identify noncompliance, and • Procedures ensuring that the issuer will take steps to timely correct noncompliance. For additional guidance on this 8038 form, you can refer to the Documentation Instructions located on the following government website: http://www.irs.gov/app/picklist/list/formslnstructions,html, or contact your local IRS office Form 8038-G (Rev September 2018) Department of the Treasury Internal Revenue Service Part.I Information Return for Tax -Exempt Governmental Obligations ► Under Internal Revenue Code section 149(e) ► See separate instructions. Caution: If the issue price is under $100,000, use Form 8038-GC. OMB No. 1545-0720 Reporting Authority If Amended Return, check here ► 1 Issuer's name City of Redlands, California 2 Issuer's employer identification number (EIN) 95-6000766 3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions) 3b Telephone number of other person shown on 3a 4 Number and street (or P 0 box if mail is not delivered to street address) 35 Cajon Street Room/suite 5 Report number (For IRS Use Only) 13 I 6 City town, or post office, state, and ZIP code Redlands, California 92373 7 Date of issue 12/31/2021 8 Name of issue Government Obligation Contract 9 CUSIP number None 10a Name and title of officer or other employee of the issuer whom the IRS may call for more information (see instructions) Mr Chris Catren, Chief of Police 10b Telephone number of officer or other employee shown on 10a (909) 335-4744 Part II Type of Issue (enter the issue price). See the instructions and attach schedule. 11 12 13 14 15 16 17 18 19 20 Education . Health and hospital Transportation . Public safety . Environment (including sewage bonds) . Housing . Utilities , Other Describe ► 11 12 13 14 453,752 41 15 16 17 18 If obligations are TANs or RANs, check only box 19a If obligations are BANs, check only box 19b If obligations are in the form of a lease or installment sale, check box ► ■ ► ■ ► M Part III Description of Obligations. Complete for the entire issue for which this form is being filed. 21 (a) Final maturity date (b) issue price (c) Stated redemption price at maturity (d) Weighted average maturity (e) Yield 12/31/2025 $ 453,752.41 $ N/A 4.000 years 2.680 % Part IV Uses of Proceeds of Bond Issue (including underwriters' discount) 22 23 24 25 26 27 28 29 30 Proceeds used for accrued interest Issue price of entire issue (enter amount from line 21 column (b)) Proceeds used for bond issuance costs (including underwriters' discount) Proceeds used for credit enhancement Proceeds allocated to reasonably required reserve or replacement fund Proceeds used to refund prior tax-exempt bonds. Complete Part V . 22 23 24 25 26 27 Proceeds used to refund prior taxable bonds. Complete Part V 28 Total (add lines 24 through 28) Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) . Description of Refunded Bonds. Complete this part only for refunding bonds. Part V 29 30 31 Enter the remaining weighted average maturity of the tax-exempt bonds to be refunded 32 Enter the remaining weighted average maturity of the taxable bonds to be refunded 33 Enter the last date on which the refunded tax-exempt bonds will be called (MM/DD/YYYY) 34 Enter the date(s) the refunded bonds were issued ► (MM/DD/YYYY) years years For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 63773S Form 8038-G (Rev 9-2011) Form 8038 G (Rev 9 2011 Page 2 Part VI Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (GIC) (see instructions) b Enter the final maturity date of the GIGO. (MM/DD/YYYY) c Enter the name of the GIC provider ► 37 Pooled financings Enter the amount of the proceeds of this issue that are to be used to make loans to other govemmental units 38a If this issue is a loan made from the proceeds of another tax-exempt issue, check box ► b Enter the date of the master pool bond ►(MM/DD/YYYY) c Enter the EIN of the Issuer of the master pool bond ► d Enter the name of the issuer of the master pool bond ► 35 36a 37 ❑ and enter the following information 39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception) check box 40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate check box 41a If the issuer has identified a hedge check here ► ❑ and enter the following information b Name of hedge provider ► c Type of hedge ► d Temi of hedge ► 42 If the issuer has supenntegrated the hedge check box 43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated according to the requirements under the Code and Regulations (see instructions), check box 44 If the issuer has established written procedures to monitor the requirements of section 148 check box 45a If some portion of the proceeds was used to reimburse expenditures check here ► ❑ and enter the amount of reimbursement ► b Enter the date the official intent was adopted ► (MM/DD/YYYY) ► ❑ ► ❑ Signature and Consent Paid Preparer Use Only an lties of perjury1 d �6elief they are true cor cess this return, to th clare that I have examined this return and accompanying schedules and statements and to the best of my knowledge her declare that I consent to the IRS's disclosure of the issuer's return information as necessary to rized abov Signature of issuer's authorized representative Date Print/Type preparer's name H Evan Howe Preparer's signature fd ' I H. Evan Howe v� 202i i2.o7 t4:20:2o-os'00 Date Paul T Barich, Mayor Type or •rint name and title 12/07/2021 Firm's Name ► Baystone Financial LLC Firm's Address ► 10601 Mission Road, Suite 200, Leawood, KS 66206 Check ❑ if self-employed PTIN P01438994 Firm's EIN ► 48 1223987 Phone no. (800) 752 3562 Form 8038-G (Rev 9-2011))