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HomeMy WebLinkAboutContracts & Agreements_78-2022Caterpillar Financial Services Corporation Transaction Summary Name CITY OF REDLANDS Address: 35 CAJON ST_, Suite 30 REDLANDS, C 92373-4746 Billing Address: 35 CAJON ST., Suite 30 REDLANDS, r 92373-4746 Asset. Number New/Used Manufacturer Model Customer Data Structure Profile Model Description Model Year Serial Number Sale Price Newbown Payment: Caterpillar 420-07 Cash Payment Trade In 137,581.86 Backhoe Loader 202I 1-t8T01835 Index CFSC Std Rate Contract APR Actual CFSC Interest Basis 6 Stub Payments oil Gross Contract 3.5000% 3.5000% 30/360 Other Credit Rentals Allowed Rentals Interest Repairs Other Expenses Total Down Payment Original Cost Upfront Tax - Cat Fin Other Fee Fin Asset Cost CFSC Disc/Overrae Equipment Addres : 35 CAJON ST., Su t 32,000.92 160,105.60 Governmental Buyback Amount Standard Residual Balloon 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 137,581,86 12,039.03 7.00 149,627, 89 e 30 REDLANDS, CA 42373-4746 US % of Residual Exception Request Exception Responder 0.00 0.00 101.00 0.0000% Special Conditions Standard Environment; Major Attachments- E-Stick Extendable, Tires, Ride Control, Cab, 4x4, Air Conditioning; Asset Work Tools - Thumb Hydraulic, wick Coupler, Multi Purpose Bucket, Heavy Duty Bucket Taxes Tax Type: Sales Payment Type: TAX _UP FRONT Jurisdiction STATE COUNTY DISTRICT DISTRICT Payment Structure: 5 Annual payment 1 Stub payment(s) of 32,000.92 at 3.5000% f 101.00 at 3.5000% Tax Rate 6.0000% 1.2500% 0.5000% 1.0000% Tax Amount 8,254.92 1,7[9.77 687.91 1,375.82 ORIGINAL Caterpillar Financial Services Corporation 4336996 EXHIBIT 2 Concluding Payment Schedule to Government Agreement Quote Number... ... . Contract Number 4336996 001-70065323 Number of Dated , 20 between Caterpillar Financial Services Corporation and CITY OF REDLANDS Description of Unit: 1 CATERPILLAR 420-07 serial # H8T01835 Payments Made Beginning Balance Payment Amount Balloon Concluding Interest Interest Rate Payment (1 1 149,627.89 32,000,92 0.00 0.00 3.50 117,626.97 total 32,000.92 0.00 0.00 2 117,626,97 32,000.92 0.00 -_� 4,116.94 3.50 89,742.99 total 32,000,92 0.00 4,116.94 3 89,742.99 32,000.92 0.00 3,141.00 3.50 60,883,07 total 32,000.92 0.00 3,141.00 4 60,883.07 32,000.92 0.00 2,130,90 3.50 31,013.05 total ,13 232,000.92 0.00 ,130.90 5 31,013.05 32,000.92 0.00 _� 1,085.45 3.50 97.58 total - 32,000.92 101.00 1,085.45 6 97.58 0.00 101.00 3.42 3,50 0.00 total 0.00 101.00 3.42 total 160,094.60 101.00 10,477.71 (*)Does not include any rent payment or other amount then due. Initialed: (Lessee) Caterpillar Financial Services Corporation Page 1 Governmental Equipment Lease -Purchase Agreement Contract Number 001-70065323 LESSOR ("we", ='us", or "our"): CATERPILLAR FINANCIAL SERVICES CORPORATION 2120 West End Avenue Nashville, TN 37203 LESSEE ("you" or "your"): CITY OF REDLANDS 35 CAJON ST., Suite 30 REDLANDS, CA 92373-4746 CAT Financial In reliance on your selection of the equipment described below (each a "Unit"), we have agreed to acquire and lease the Units to you, subject to the terms of . this Agreement. Until this Agreement has been signed by our duly authorized representative, it will constitute an offer by you to enter into this Agreement with us on the terms stated herein. 2. DESCRIPTION OF THE UNITS DESCRIPT101 OF UNITS Whether the Unit is nevi or used, the model number, the manufacture r, and the model name SERIALFVIN Unique ID number for this Unit 1 New 2021 Caterpillar420-07 Backhoe Loader H8T01835 3. Lease Payments; Current Expense You will pay us the lease payments, including the finaf lease payment set forth above (collectively, the "Lease Payments"). Lease Payments will be paid by you to us according to the attached payment schedule; provided that all amounts kwing hereunder will be due by the final lease payment date. portion of each Lease Payment constitutes interest and the b lance of each Lease Payment is payment of principal. The Le se Payments will be due without demand. You will pay the Lease Payments to us at CATERPILLAR FINANCIAL SERVICES CORP , P.O. BOX 100647, PASADENA, CA 91189- 0647 or such oth r location that we designate in writing. Your obligations, includi g your obligation to pay the Lease Payments due in any fiscal year, will constitute a current expense of yours for such fiscal year a d will not constitute an indebtedness of yours within the meaningIIof the constitution and laws of the State in which you are located (the "State"). Nothing in this Agreement will constitute a pledge by you of any taxes or other moneys, other than moneys lawfully aRRpropriotod fro., time. to time for tho yrn nt of the "Payments" (Is defined in the last sentence of this Section) owing under this A reement. You agree that, except as provided in Section 7, you duties and liabilities under this Agreement and any associated documents are absolute and unconditional. Yiur payment and performance obligations are not subject to ca celation, reduction, or setoff for any reason. You agree to sett e all claims, defenses, setoffs, counterclaims and other dispu es you may have with the Supplier, the manufacturer of the Unit, or any other third party directly with the Supplier, the manufacturer or the third party, as the case may be. You will not assert, allege or make any such claim, defense, setoff, counterclaim or other dispute against us or with respect to tiie payments due us under this Agreement. As used in this Agreement, "Payments" will mean the Lease Payments and any other amounts required to be paid by you. The portion of the interest (computed year) at the rate of Lease Payments constituting principal will bear on the basis of actual days elapsed in a 360 day 3.50% per annum. US Governmental Equipment '_ease -Purchase Agreement ANNUAL LEASE PAYMENT This is due per period, as stated below in section 3. FINAL LEASE PAYMENT DELIVERY DATE Enter date machine was delivered to you. SEE ATTACHMENT $101.00 5i1 i - 4. Late Charges If we do not receive a Payment on the date it is due, you will pay to us, on demand, a late payment charge equal to the lesser of five percent (5%) of such Payment or the highest charge allowed by law. 5. Security Interest To secure your obligations under this Agreement, you grant us a continuing first priority security interest in each Unit (including any Additional Collateral), including all attachments, accessories and optional features (whether or not installed on such Units) and all substitutions, replacements, additions, and accessions, and the proceeds of all the foregoing, including, but not limited to, proceeds in the form of chattel paper. You authorize the filing of such financing statements and will, at your expense, do any act and execute, acknowledge, deliver, file, register and record any document, which we deem desirable to protect our security interest in each Unit and our rights and benefits under this Agreement. You, at your expense, will protect and defend our security interest in the Units and will keep the Units free and clear of any and all claims, liens, encumbrances and legal processes however and whenever arising. 6. Disclaimer of Warranties WE HAVE NOT MADE AND DO NOT MAKE ANY WARRANTY, REPRESENTATION OR COVENANT OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE UNITS. AS TO US, YOUR LEASE AND PURCHASE OF THE UNITS WILL BE ON AN "AS IS" AND "WHERE 1S" BASIS AND "WITH ALL FAULTS". Nothing in this Agreement is intended to limit, waive, abridge or otherwise modify any rights, claims, or causes of action that you may have against any person or entity other than us. 7. Non -Appropriation You have an immediate need for, and expect to make immediate use of, the Units. This need is not temporary or expected to diminish during the term of this Agreement. To That end, you agree, to the extent permitted by law, to include in your budget for the current and each successive fiscal year during the term of this Agreement, a sufficient amount to permit you to discharge your obligations under this Agreement. Notwithstanding 43369e5 13101,2022 02.39.61 PM Ref. 1231640 0 11 I G I • any provision of this Agreement to the contrary, we and you agree that, in the event 'that prior to the commencement of any of your fiscal years you de? not have sufficient funds appropriated to make the Payments duel under this Agreement for such fiscal year, you will have the option of terminating this Agreement as of the date of the commencement of such fiscal year by giving us sixty (60) days prior written notice' of your intent to terminate. No later than the fast day of the last fiscal year for which appropriations were made for the Payments (thl "Return Date"), you will return to us all of the Units, at your sole expense, in accordance with Section 14, and this Agreement will terminate on the Return Date without penalty or expense to you a d you will not be obligated to pay the Lease Payments beyond such fiscal year; provided, that you will pay all Payments for w ich moneys have been appropriated or are 'otherwise availab e; and provided further, that you will pay month -to -month re t at the rate set by us for each month or part of any month that yo fail to return the Units. 8. Tax Warranty Yo will, at all times, do and perform ail acts and things necessary nd within your control to ensure that the interest component of the Lease Payments will, for the purposes of Federal income taxation, 4 excluded from our gross income. You will not permit or cause 'our obligations under this Agreement to be guaranteed by t e Federal Government or any branch or instrumentality of to Federal Government. You will use the Units for the purpose o performing one or more of your governmental functions consister1t with the scope of your authority and not in any trade or business Tarried on by a person other than you. You will report this Agreement to the Internal Revenue Service by filing 'Form 8038G, 8038GC or 8038, as applicable. Failure to do so will cause this Agreem nt to lose its tax exempt status. You agree that if the appropriate firm is not filed, the interest rate payable under this Agreement will be raised to the equivalent taxable interest rate. If the use. possession or acquisition of the Units is determined to be subject to taxation, you will pay when due all taxes and governmental char es assessed or levied against or with respect to the Units. 9. Assignment You may not, without our prior written consent, by operation of law or otherwise, assign, transfer, pledge, hypothecate or otherwise dispo e of your right, title and interest in and to this Agreement and/or the Units and/or grant or assign a security interest in this Agr ement and/or the Units, in whole or in part. We may not transfer, ell, assign, pledge, hypothecate, or otherwise dispose of our rig t, title and interest in and to this Agreement and/or the Units a dlor grant or assign a security interest in this Agreement and/or le e Units, in whole or in part. 10. indemnity Tv the xtent permitted by law, you assume liability for, agree to and do i demnify, protect and hold harmless us and our employees, officer, directors and agents from and against any and all liabilities, oblitgations, losses, damages, injuries, claims, demands, penalties, actions, costs and expenses (including reasonable attamey's fees), of whatsoever kind and nature, arising out of the use, condition (including, but not limited to, latent and other defects and whether or not discoverable by you or us), operation, ownersh p, selection, delivery, storage, leasing or return of any item of U its, regardless of where, how and by whom operated, or any failure on your part to accept the Units or otherwise to perf rm er comply with any conditions of this Agreement. 11. 11. Insurance; Loy theft, destruction whatsoever, No los relieve you of the o any obligation owin Units insured to pr s and Damage You bear the entire risk of loss, or damage to the Units from any cause s, theft, destruction or damage of the Units will vligation to make Lease Payments or to perform under this Agreement. You agree to keep the tect all of our interests, at your expense, for US Governmental Equipment Lase -purchase Agreement such risks, in such amounts, in such forms and with such companies as we may require, including but not limited to fire and extended coverage insurance, explosion and collision coverage, and personal liability and property damage liability insurance. Any insurance policies relating to loss or damage to the Units will name us as loss payee as our interests may appear and the proceeds may be applied toward the replacement or repair of the Units or the satisfaction of the Payments due under this Agreement. You agree to use, operate and maintain the Units in accordance with all laws, regulations and ordinances and in accordance with the provision of any policies of insurance covering the Units, and will not rent the Units or permit the Units to be used by anyone other than you. You agree to keep the Units in good repair, working order and condition and house the Units in suitable shelter, and to permit us or our assigns to inspect the Units at any time and to otherwise protect our interests in the Units. If any Unit is customarily covered by a maintenance agreement, you will furnish us with a maintenance agreement by a party acceptable to us. 12. Default; Remedies An "Event of Default" will occur if (a) you fail to pay any Payment when due and such failure continues for ten (10) days after the due date for such Payment or (b) you fail to perform or observe any other covenant, condition, or agreement to be • performed or observed by you under this Agreement and such i failure is not cured within twenty (20) days after written notice of such failure from us. Upon an Event of Default, we will have all rights and remedies available under applicable law. In addition, we may declare all Lease Payments due or to become due during the fiscal year in which the Event of Default occurs to be immediately due and payable by you and/or we may repossess the Units by giving you written notice to deliver the Units to us in the manner provided in Section 14, or in the event you fail to do so within ten (10) days after receipt of such notice, and subject to all applicable laws, we may enter upon your premises and take possession of the Units. Further, if we financed your obligations under any extended warranty agreement such as an Equipment Protection Plan, Extended Service Contract, Extended Warranty, Customer Service . Agreement, Total Maintenance and Repair Agreement or similar agreement, we may cancel such extended warranty agreement on your behalf and receive the refund of the extended warranty agreement fees that we financed but had not received from you as of the date of the Event of Default. 13. Miscellaneous This Agreement may not be modified, amended, altered or changed except by a written agreement signed by you and us. in the event any provision of this Agreement is found invalid or unenforceable, the remaining provisions will remain in full force and effect. This Agreement, together with exhibits, constitutes the entire agreement between you and us and supersedes all prior and contemporaneous writings, understandings, agreements, solicitations, documents and representations, expressed or implied. Any terms and conditions of any purchase order or other documents submitted by you in connection with this Agreement which are in addition to or inconsistent with the terms and conditions of this Agreement will not be binding on us and will not apply to this Agreement. You agree that we may correct patent errors in this Agreement and fill in blanks including, for example, correcting or filling in serial numbers, VIN numbers, and dates. Any notices required to be given under this Agreement will be given to the parties in writing and by certified mail at the address provided in this Agreement, or to such other addresses as each party may substitute by notice to the other, which notice will be effective upon its receipt. 14. Title; Return of Units Notwithstanding our designation as "Lessor," we do not own the Units. Legal title to the Units will be in you so long as an Event of Default has not occurred, and you have not exercised your right of non -appropriation. If an Event of Default 433699613/01/2022 02:39:51 PM Ret. 1231649 W it ky-` t i Purchase Agreement Contract Number 0 11-70065323 Financial This Purchase Agreement is between QUINN COMPANY ("Vendor") and Caterpillar Financial Services Corporation ("Cat Financial"). Vendor agrees to sell to Cat Financial and Cat Financial agrees to buy from Vendor the equipment described below (the "Unit(s)"), subject to the terms and condtions set forth below and on the reverse side hereof. I Description of Unilks) Serial# VIN # (1) 420-07 CATERPILLAR Backhoe Loader H8T01835 Lessee: CITY OF REDLANDS 35 CAJON ST., Suit3e 30 REDLANDS, CA 92473-4746 See next SIGNATURES a Subtotal Federal Excise Tax Other Tax Total Purchase Price Unit(s) Delivery Point: 35 CAJON ST., Suite 30 REDLANDS, CA 92373-4746 Freight Total Price $ $137,581.86 $137,581,86 , $0.00 • $0.00 $137,581.86 I e for additional terms and conditions. CATERPILLAR FININCIAL SERVICES CORPORATION Signature Name (Print) Title Date David Hollis Documentation Mana®er US Purchase Agreement QUINN COMPANY Signature Name (Print) Title Date T i 1�cx µcA Sri '4 1 PY Ref, 1231648 Additional 'terms and Conditions Contract Number 001-70065323 Cl/ Financial 1. The lessee named on the front hereof (the "Lessee") has selected the Unit(s), instructed Cat Financial to purchase the Unit(s) from Vendor, and agreed to lease the Unit(s) from Cat Financial. 2. Cat Financial (or it assignee) will have no obligation hereunder (and any sums previously paid by Cat Financial to Vendor with respect to the Unit(s) sha�I be promptly refunded to Cat Financial) unless (a) all of the conditions set forth in Section 1.3 (if a master lease agreement) or Section 1 (if a non -master lease agreement) of the lease with the Lessee covering the Unit(s) have been timely fulfilled and (b) the Lesseie has not communicated to Cat Financial (or its assignee), prior to "Delivery" (as hereinafter defined) of the Unit(s), an intent not to lease the Unit(s) from Cat Financial. All conditions specified in this paragraph shall be deemed timely fulfilled unless prior to Delivery of the Unit(s), Cat Financial (or its assignee) shall notify Vendor to the contrary in writing. which shall include fax or email. "Delivery" shall mean the later of the time (a) Cat Financial executes this Purchase Agreement or (b) the Lessee or its agent takes control and/or physical possession of the Unit(s). 3. Upon timely satis Lction of the conditions specified in Paragraph 2 above, ownership, title and risk of loss to the Unit(s) to Cat Financial (Or its assignee) upon Delivery of the Unit(s). shall transfer 4. Vendor warrants that (a) upon Delivery of the Unit(s), Cat Financial (or its assignee) will be the owner of and have absolute title to the Unit(s) free and clear of all claims, liens, security interests and encumbrances and the description of the Unit(s) set forth herein is correct and (b) the Unit Transaction Price set forth on the front hereof for each unit of Unit(s) leased under a lease is equal to such Unit(s)'s fair market value. 5. Vendor shall forever warrant and defend the sale of the Unit(s) to Cat Financial (or its assignee), its successors and assigns, against any person claiming an interest in the Unit(s). 6. Provided that no event of default exists under any agreement between Lessee and Cat Financial and upon timely satisfaction of the conditions specified in Paragraph 2 above, and unless otherwise agreed to in this Purchase Agreement, Cat Financial (or its assignee) shall pay Vendor the total Purchase Price set forth on the front hereof for the Unit(s) within three business days following (a) the receipt and approval by yat Financial of all documentation deemed necessary by Cat Financial in connection with the lease transaction and (b) all credit conditions have been satisfied. 7. Vendor shall deliver the Unit(s) to the Lessee at the delivery point set forth on the front hereof. 8. This Purchase Agreement may be assigned by Cat Financial to a third party. Vendor hereby consents to any such assignment. 9. This Purchase Agreement shall become effective only upon execution by Cat Financial. US Purchase Agreement 43 MAL Signature Name (Print) Title Date i Payment Schedule Contract Numbero01-70063323 LESSOR CATERPILLAR FINANCIAL SERVICES CORPORATION 2. PAYMENT SCHEDULE PAYMENT NUMBER 1-5 6 SIGNATURES LESSEE CITY OF REDLANDS PAYMENT DATE CATERPILLAR FIN NClAL SERVICES CORPORATION 1 CITY OF REDLANDS —� k Signature David Hollis Dogumontaticn Manac;ar US Payment Schedule Name (Print) Chn5 6°4-F rl,an CaT� Financial PAYMENT AMOUNT $32,000.92 $101.00 Title A561 i, 1/4 et.ly ef Date Opinion of Counsel CAT Re: Governmental Equipment Lease -Purchase Agreement (Contract Number 001-70065323) (the "Lease") Between CITY OF REDLANDS ("Lessee") and Caterpillar Financial Services Corporation ("Lessor") Sir/Madam: Financial I am an attorney for Lessee, and in that capacity, I am familiar with the above -referenced transaction, the Lease, and all other documents pertaining to the Lease the Lease and such other documents pertaining to the Lease being referred to as the "Lease Agreements"). Based on my examination of these and such other documents, records and papers and matters of fact and laws as l deemed to be relevant and necessary as the basis lfor my opinion set forth below, upon which opinion Lessor and any subsequent assignee of Lessors interest may rely, it is my opinion that: 1. Lessee is a fully constituted political subdivision or agency duly organized and existing under the Constitution and laws of the State of California (the "State"), a d is authorized by such Constitution and laws (i) to enter into the transaction contemplated by the Lease Agreements and (ii) to carry out its obligations thereunder. 2. The Lease Ag (Dements (i) have been duly authorized, executed and delivered by Lessee and (ii) constitute valid, legal and binding obligations and agreements of Lessee, enforceable against Lessee in accordance with their terms, assuming due authorization and execution thereof by Lessor. 3. No further approval, license, consent, authorization or withholding of objections is required from any federal, state or local governmental authority with respect to khe entering into or performance by Lessee of the Lease Agreements and the transactions contemplated by the Lease Agreements. 4. Lessee has su icient appropriations or other funds available to pay all amounts due under the Lease Agreements for the current fiscal year. 5. The interest payable to Lessor by Lessee under the Lease Agreements is exempt from federal income taxation pursuant to Section 103 of the Internal Revenue Code of 1986, as amended. 6. The entering in o and performance of the Lease Agreements will not (i) conflict with, or constitute a breach or violation of, any judgment, consent decree, order, aw, regulation, bond, indenture or lease applicable to Lessee, or (ii) result in any breach of, or constitute a default under, or result in the creation of, any lien, charge, security interest or other encumbrance upon any assets of Lessee or the Units (as defined in the Lease) pursuant to any indenture, mortgage, deed of trust, bank loan, credit agreement or other instrument to which Lessee is a party, or by which it or its assets may ke bound. I 7. No litigation or proceeding is pending or, to the best of my knowledge, threatened to, or which may, (a) restrain or enjoin the execution, delivery or performance by Lessee of the Lease Agreements, (b) in any way contest the validity of the Lease Agreements, (c) contest or question (i) the creation or existence of Lessee or its governing body or (ii) the authority or ability of Lessee to execute or deliver the Lease Agreements or to comply with or perform its obligations under the Lease Agreements. There is no litigation or proceeding pending or, to the best of my knowledge, threatened tha give rise to an litigation or proceeding described in this paragraph. seeks to or could restrain or enjoin Lessee from annually appropriating sufficient funds to pay the Lease Payments (as defined in the Lease) o� other amounts contemplated by the Lease Agreements. In addition, I am not aware of any facts or circumstances which would 8. The Units are ersonal property and, when subjected to use by Lessee, will not be or become fixtures under the caws of the State. 9. The authorization, approval and execution of the Lease Agreements, and all other proceedings related to the transactions contemplated by the Lease Agreements, have been performed in accordance with all applicable open meeting, public records, public bidding and all other applicable laws, rules and regulations of the State. 10. The appropriaton of moneys to pay the Lease Payments coming due under the Lease and any other amounts contemplated by the Lease Agreements dges not and will not result in the violation of any constitutional, statutory or other limitation relating to the manner, form or amount of indebtedness which may be incurred by Lessee. 11. The Lessor wil acceptance of have a perfected security interest in the Units upon the filing of an executed UCC-1 or other financing statement at the time of he Units with the Secretary of State for the State. CITY OF REDLANCS N Name(Print): Signature: Title: US Opinion of counsel A Date: Address: ORIGINAL CATERPILLAR INSURANCE COMPANY (CIC) SELECTION FORM CAT® Before financing your equipment, you must arrange physical damage insurance on the equipment identified below. The insurance may be provided through an insurance agent or insurance company of your choice, provided the insurance company satisfies minimum financial requirements. As an alternative to obtaining your own insurance, you may elect to have your equipment insured under coverage arranged by Caterpillar Insurance Services Corporation, that has been designed specifically for the purchasers of Cat® equipment. Please complete this form if you elect to insure your equipment with Caterpillar Insurance Company (CIC). CIC Physical Damage Insurance Policy Summary Please note: This is only a brief description of the CIC Physical Damage insurance Program. Contractual provisions contained in the policy will govern. Coverage CIC Physical Damage Insurance protects your equipment against physical damage losses, including collision, fire, theft, vandalism, upset or overturn. floods, sinking, earthquakes and other unfortunate acts of nature. The protection has been designed for owners of heavy equipment and provides superior benefits you most likely would not find in other plans. The CIC Physical Damage Insurance does include normal exclusions. Some important exclusions are wear and tear, rust, loss of income, war, nuclear damage, and mechanical breakdown, automobiles, watercraft, waterborne shipments, tires or tubes or mobile track belts damaged by blow-out, puncture, and road damage. Repairs When a covered loss occurs, this plan will pay for Cat® replacement parts on all your new or used Caterpillar equipment.On all equipment from other manufacturers, the plan will pay for comparable replacement parts. Transportation Your CIC plan will pay for round-trip transportation of covered damaged equipment to and from your Cat dealer's repair facility, up to $2,500 limit. Rental Reimbursement The plan allows for rental costs up to $2,500 that you incur to rent similar equipment following a covered loss. You are automatically protected with up to $100,000 of coverage for damage to the similar equipment you rent. In the event of a total loss, the policy will pay the greatest of the following: - The payoff value of the loan on the damaged parts or equipment as of the date of loss or - The actual cash value of that covered property; or - The cost of replacing that property with property of like kind and quality The policy will pay 10% of scheduled loss, up to a $10,000 maximum for debris removal. The policy will pay fire department service fees up to $5,000. Deductible $1,000 Construction and Agricultural Equipment Deductibles: $5,000 deductible all logging Equipment Customer Service If you have any questions or need additional details, see your Authorized Cat Dealer or call CIC toll free at 1-800-248-4228. You may also e-mail CIC at physicaldamage(C7cat.cofn POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM RISK INSURANCE ACT OF 2002 (as extended by the Terrorism Risk Insurance Extension Act of 2005, and as amended in 2007) You are hereby notified that under the Terrorism Risk Insurance Act, as amended in 2007, the definition of act of terrorism has changed. As defined in Section 102(1) of the Act: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury - in concurrence with the Secretary of State, and the Attorney General of the United States - to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property,or infrastructure: to have resulted in damage within the United Stales, or outside the United States in the case of certain air carriers or vessels or the premises of a United Stales mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Under your coverage, any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a formula established by the Terrorism Risk Insurance Act, as amended in 2007. However, your policy may contain other exclusions, which might affect your coverage, such as an exclusion for nuclear events. Under the form ula, the United States Government generally reimburses 85% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The Terrorism Risk Insurance Act, as amended, contains a $100 billion cap that limits U.S. Government reimbursement as well as insurers' liability for losses resulting from certified acts of terrorism when the amount of such losses exceeds $100 billion in any one calendar year. if the aggregate insured losses for all insurers exceed $100 billion, your coverage may be reduced. The portion of your premium that is attributable to coverage for terrorist acts certified under the Act is: $ 0.00 US CAT- INSURANCE SELECTION FORM 433699 12701,2022 02-40 11 PM Ref 1231649 ORI3IL APPLICATION FOR CIC PHYSICAL DAMAGE INSURANCE Model # E uipment Description Serial # 1. 420-07 B*khoe Loader H8T01835 VIN Value Including Total Tax $149,620.89 Pymt Method-3 Total Premium $3,860.00 Pymt Method-1 Finance Pymt $826.01 Arranged by Caterpillar Insurance Services Corporation I understand that the value of $149,620.89 Method 1 `lt�al2A� .lyhwut.GL Marsha Blaisdell, Authorized Insurance Producer otal insurance premium for 60 months will be $3,860.00, which is $772.00 per year based upon the total equipment I will finance the insurance premium, including finance charges, of $826.01 per scheduled equipment payment. The finance charge is calculated at 3.39% per annum on the total insurance premium covering the full term of the finance agreement. By choosing Method 1 and signing this document you are agreeing to finance the insurance along with the equipment payments with Caterpillar Financial Services Corporation. I desire coverage for an initial 12 month term. I will pay the $772.00 premium and return the payment with the signed equipment documents. Please make check payable to C[C. I will pay the total premium and return the payment with the signed equipment documents. Please make check payable to CIC. ViI decline Caterpillar Insurance. I elect to obtain my own commercial insurance on the equipment shown from an agent or insurance company of my choice. („ee, It?kkeir o P e_ipvin5ur6 ge%,rrktDn) I understand that the quote I receive is not a binder of insurance. if I elect to obtain coverage from CIC, coverage will be effective in accordance with the erms and conditions of the issued Policy and that I may terminate the coverage at any time with advance written notice. I acknowledge that I have been notified that, under the TERRORISM RISK INSURANCE ACT of 2002 (as extended by the Terrorism Risk Insurance Extension Act of 2005), any fosses caused by certified acts of terrorism under my policy will result in coverage under my policy that will be artially reimbursed by the United States as outlined in the attached policyholder disclosure notification. I also acknowledge I have been advised that, if I accept this insurance, an appointed licensed insurance producer will receive commission compensation. Customer Name: CITY OF REDLANDS Dealer Name: QUII,IN COMPANY Method 2 Method 3 Method 4 Please note: If you would like a no obligation quote on your additional equipment, call 1-800-248-4228 extension 5754. Accepted By: Title: US CAT INSURANCE SELECTION FARM Name (PRINT); Date: 4338996 13101/2022 02:40:11 PM Ref. 1231649. MANAGEMENT S DEPARTME Human Resources/Risk Division VICES T Ianageniem September 1 p, 2019 City of REDLANDS Incorporated LS88 35 Cajon Street, Suite € 0 P.U. Box 3005, Redlands, CA 923 73 909-798-7514 RE: Letter of Notice - Maintenance of Self -insured Retention To whom it rr ay concern, JANicElvictimtu. CyM TOMANG,PHR w� act,HR>R skMarogeme u This letter is being issued to provide notice that the City of Redlands maintains the following insurance co erage and limits: Excess General Liability Self -Insured Retention Amount: $500,000.00 Liability Limit: $5,000,000.00 Excess Layer:' $10,000,000.00 Policy#: EIA PE 19 EL-112 Effective Da# : 07-01-19 to 07-01-20 Reinsured by Argonaut Insurance Co/Markel Global Reinsurance Co. Auto Liability is not carried by the City, but coverage is provided via the General Liability for the actions of City employees while utilizing any vehicle during the course of their work- related activities. Workers' Compensation Liability Self -Insured Retention Amount: $1,000,000.00 Max Liability Limit: $25,000,000,00 Policy#: SP 4060661 Effective Date: 07-01-19 to 07-01-20 Reinsured by Safety National Casualty Corporation Requests for further information on the Claims process can be made to Claims@cityofredlands.orq Should you require further information regarding City insurance policies, please contact my office at 909-fr98-7514 x 1792_ Sincerely, ,,AA .1- Myletta Tillman Risk/Safety Si ecialist City of Redlands mtillman@citvofredlands.orq ORIGINAL Fraud Warning: Applicable in AL, AR, DC, LA, MD, NM, RI and WV: Any person who knowingly (or willfully)* presents a false or fraudulent claim for payment of a loss or benefit or knowingly (4 willfully)* presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. *Applies in MD Only. Applicable in CO: It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Cl forado Division of Insurance within the Department of Regulatory Agencies. Applicable in FL and OK: Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing an false, incomplete, or misleading information is guilty of a felony (of the third degree)`. *Applies in FL Only. Applicable in KS: Any p rson who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, arty written statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act. Applicable in KY, NY, Oil and PA: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties (not to exceed five thousand dollars and the stated value of the claim for each such violation)*. *Applies in NY Only. icab Appllica lle in ME, f defrauding V nd WA: It is a Penalties crime to knowingly provide false, incomplete or misleading information to an insurance company for the g company ( y)* include imprisonment, fines and denial of insurance benefits. *Applies in ME Only. Applicable in NJ:Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. Applicable in OR: Any person who knowingly and with intent to defraud or solicit another to defraud the insurer by submitting an application containing a false statement as to arty material fact may be violating state law. Applicable in PR: Any person who knowingly and with the intention of defrauding presents false information in an insurance application, or presents, helps, or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit, or presents more than one claim for the same damage or loss, shall incur a felony and, upon conviction, shall be sanctioned for each violation by a fine of not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000), or a fixed term of imprisonment for three (3) years, or both penalties. Should aggravating circumstances [be] present, the penalty thus established may be increased to a maximum of five (5) years, if extenuating circumstances are present, it may be reduced to a miniknum of two (2) years. US CAT INSURANCE SELECTION FORM 4316996 13f012022 02;90.11 PM Ret, 1231649 INSURANCE SELEbTION FORM -OUTSIDE INSURANCE CARRIER eir Financial Before funding your equipment, you must arrange physical damage insurance on the equipment identified below. The insurance may be provided through an insurance agent or insurance company of your choice, provided the insurance company satisfies minimum financial requirements. Physical Damage courage must show that Caterpillar Financial Services Corporation has been named as loss payee for the equipments replacement value. The deductible must be shown. Liability Coverage must be a minimum of $1,000,000 or combined coverage for bodily injury and property damage per occurrence. Caterpillar Financial Services Corporation must be named as additional insured. As an alternative to obtaining your own Physical Damage coverage, you may elect to have your equipment insured under coverage arranged by Caterpillar Financia Services Corporation designed specifically for the purchasers of Caterpillar equipment. If a quote is not included in your document package, please contact your Caterpillar Dealer, call 1-800-248-4228, ore -mail PhysicalDamage@cat.com. Please complete this form to provide contact information for your liability coverage, as well as your physical damage coverage if you did not elect Caterpillar Insurance for physical damage. Transaction Number: Customer's Name: Address: 001-70065323 Dealer Name: QUINN COMPANY CITY OF REDLANDS 35 CAJON ST. Suite 30 REDLANDS, CA 92373-4746 have entered into the above agreement under which 1 am responsible for providing insurance against ALL RISKS of direct physical loss or damage for the actual Fash value of the following equipment, subject to common exclusions such as damage caused by corrosion, rust, mechanical or electrical breakdown, etc. MAKE/MODEL j DESCRIPTION OF UNITS 1 New Caterpillar 420�7 SERI1N Value Including Tax 2021 Backhoe Loader H8T01835 $149,620.89 Insurance Agency Street Address City Insurance Agent's Name Agent's Phone Number State Zip TO CUSTOMER'S INSURANCE AGENT Fax Number E-mail Address I hereby instruct you to add Caterpillar Financial Services Corporation as a Loss Payee for physical damage and as an Additional Insured fo/. general liability: [ ] To my existing policy number(s) To a policy or policies Signature Name(Print) Title Date which now provide the coverage required, or ich you are authorized to issue in the name listed above which will provide the coverage required. 1-1 Chin5 13oa+ma%) Aeoe-014an+ 014y +.4anapr PROCESSING OF THIS TRANSACTION MAY BE HELD PENDING RECEIPT OF THIS INFORMATION PLEASE FORWARD A COPY OF THE CERTIFICATE OR BINDER EVIDENCING COVERAGE TO: CATERPILLAR FINANCIAL SERVICES CORPORATION 2120 West End Avenue Nashville, TN 372031 PLEASE ATTACH A COPY OF THIS NOTICE TO PROOF OF INSURANCE Form No. USINSUREQUTSIDE fi10 Dealer Code: H430 US Insurance Selection Fom, - Outsidi Cartier 433699613f01/2022 02:40:01 PIN Ref. 1231649 ORIGICL CUSTOMER INFORMATION VERIFICATION Contract Number 001-70065323 CUSTOMER INFORMATION Customer Name: Physical Address: Mailing Address: Equipment Location: Business Phone: E-mail Address: CITY OF REDLANDS 35 CAJON ST., Suite 30 REDLANDS, CA, 92373-4746 35 CAJON ST., Suite 30 REDLANDS, CA, 92373-4746 35 CAJON ST., Suite 30 REDLANDS, CA, 92373-4746 TAX INFORMATION Tax Exempt"* Asset outside the Ci 4oQ-i4 �j-`t(D55 CaT® Financial CHANGES TO CUSTOMER INFORMATION The changes above apply to: ❑ Current Request for financing ❑ All active contracts Non -Exempt y limits Yes No DIRECT PAY INFORMATION (Checking Account Information) j,.. I am currently on Direct Pay and authorize Direct Pay for this transaction. Please use my ACH information on file. decline Dire Pay authorization at this time El request and uthorize Caterpillar Financial Services Corporation ("Cat Financial") to begin debiting my account for the amounts due under the contract(s) indicated below, with debits made to my account and withdrawn by Cat Financial, provided my account has sufficient collected funds to pay the debit when presented. If my financial institution dishonors any debit for any reason, Cat Financial may issue another debit in substitution for the dishonored debit and will have no liability on account of a dishonored debit. I agree that Cat Financial's rights relating to each debit will be the same as if I had personally signed a check. I agree that I will be liable to make payment promptly, including any applicable late fees, if any debit is not paid, unless Cat Financial or its agents or affiliates are directly responsible for the nonpayment. 1 cknowledge that I may cancel this authorization at any time by written notice to Cat Financial, which notice will be effective 10 days after receipt: however, my cancellation of this authorization does not terminate, cancel or reduce my obligations under the contract(s). I understand that Cat Financial will not notify me in advance of any withdrawal and I agree to waive all pre -notification requirements in respect of all debits drawn under this authorization. Please use the information below to set up Direct Pay on: Bank Name * *A Tax Exemption Certificate iS required for all tax exempt customer. If you are tax exempt — please enclose a current tax exemption certificate to be returned with your documents. 1 I Routing Number Account Number Re -Enter Account tilumber •■ 9digits Ho 3.17 digits ip 3-17 digits Account Name (exactly as it appears on Check) ACCgrJ.MTRAMN 71<1On.I =:r.'CAS ANY1CrAN 'J S. 1 CANT +e fe Me Order al YOO'R FINANCIAL INSTITLrnUN WVwHERC , 1.157V1]i1 OVe r I:1 ti 56711't ❑ 3131 Routing Number Account Number t}301 ❑ Current Request for financing ❑ All active contracts (Does not apply to future transactions) US Customer Information VeriGcaiion Form 4336996 135112022 0290'01 PM Ref. 1231649 ORIGINAL CUSTOMER SIGNATURE The information above has been reviewed and is accurate to the best of my knowledge. For a joint account, all account holders must sign if more than one signature is required on checks issued against the account. Name Title cline 60(44411 k6i61-ant Mot"( For questions or assistance with Direct Pay, or for information about your account, please contact Customer Service, 1-800-651-0567. US Customer Information Veri cation Form 433699613[01120220740:01 PM Ref. 1231649 Explanation of Cojntent Contract Number CV1-70065323 CAT Financial Thank you for electing Caterpillar products and for allowing Caterpillar Financial Services Corporation to serve your financing needs. Included in this document packa a are all of the forms that will be needed for standard tax exempt lease purchase transactions. The forms have been designed to be clear, concise and us r friendly. We have also provided a brief explanation of the purpose of each form. If you wish to discuss any of the forms or have any questions about any aspect of this transaction, we encourage you to contact your Caterpillar Dealer or Caterpillar Financial Services Corporation at 1- 866-263-3791 Option it 5. A. Governmental Equipment Lease -Purchase Agreement. The Governmental Lease -Purchase Agreement contains the terms that govern each transaction between us. It is the standard Caterpillar Financial Services Corporation tax exempt lease -purchase agreement, and provides that we will lease to you the equipment described therein pursuant to a full payout amortization schedule. A new Governmental Equipment Lease -Purchase Agreement will have to be signed in connection with each transaction. B. Lessee's ,Authorizing Resolution. The Authorizing Resolution is evidence you have taken the necessary governing body actions to approve the Governmental Equipment Lease -Purchase Agreement. Although the authorizing instrument is often a resolution, it may also take other forms such as an ordinance. We are agreeable to using your customary or standard form provided it contains specific approval for the lease -purchase agreement, designates persons who are authorized to sign on your behalf and either approves the document forms or delegates this authority to a named official C. Verification of lnsilrance. The Certificate of Insurance is intended to supply information regarding the insurance coverage for the equipment being lease -purchased. You will need to supply the requested information to us so we can verify coverage. D. Opinion of Counsel. An opinion of counsel is required in connection with each Governmental Equipment Lease -Purchase Agreement. The opinion is intended to confirm that you have complied with all open meeting laws, publication and notice requirements, procedural rules for governing body meetings, and ant) other relevant state or local government statutes, ordinances, rules or regulations. We would be unable to confirm compliance with these laws and regulations ourselves absent long delays and higher costs so we rely upon the opinion of your attorney since he/she may have been involved in the process o approve our transaction and is an expert in the laws and regulations to which you are subject. The opinion also confirms that you are an entity eligibl to issue tax-exempt obligations and that the Governmental Equipment Lease -Purchase Agreement will be treated as tax-exempt as it is your obligation t ensure that you have complied with relevant tax law. E. Form of 8938G or GC. Form 8038 is required by the Internal Revenue Service in order to monitor the amount of tax-exempt obligations issued. You have to execute a Form 8038 for each Governmental Equipment Lease -Purchase Agreement. Whether a Form 8038 G or GC is required depends on the original rincipal amount of the Governmental Equipment Lease -Purchase Agreement. If the original principal amount is less than $100,000 Form 8038GC is filed w th the IRS. If the original principal amount is $100,000 or more Form 8038G is filed with the IRS. Choose the appropriate 8038 form and complete acco ding to IRS guidelines. Contact your TM or Sales Support Representative for assistance. IRS Form 8038G http://www,irs.govlpubfirs-pdf1f8038g.odf IRS Form 8038GC http://www.irs.gov/pubfirs- pdflf8038gc.pdf This Explanation of Con ents is prepared as an accommodation to the parties named herein. It is intended as an example of some of the documents that Caterpillar Financial Services Corporation, in its reasonable judgment may require and is not int d d your own legal counsel.' that the documents liste in accordance with this Please engage and use Ale understand that the laws of the various states are different so nothing herein shraallll ns be construed sv warranty or representation 1 herein are the only documents that may be required in any particular transaction or that any particular transaction, if documented Explanation of Contents, will be a valid, binding and enforceable obligation enforceable against the parties named herein in accordance with the terms of the documents named herein. US Explanation of Content {GOV Lease - 8038G 18038GCj 433699613/01/202202:4n:01 PM Rat 1231649 ORIGINAL Meeting Minutes financial QUINN COMPANY 10006 ROSE HILLS RD CITY OF INDUSTRY, CA 90601-1702 CITY OF REDLA\1DS We are requesting a copy of the minutes of the appropriation meeting during which the funds for this deal were allocated.` A copy of this infgrmation is necessary to complete the documentation package and to fund the deal. Your ability to return a complete package will ensure timely payment to you. Thank you for your assistance. CATERPILLAR FINANCIAL SERVICES CORPORATION DOCUMENTATIQN DEPARTMENT US Meeting Minutes Request (fOV Leese - Purchase Deals) 4336996 1310i202202.40.01 PM Ref. 1231649 ORIGIN I Caterpillar Financial Services Corporation INVOICE CITY OF REDLANDp 35 CAJON ST., Suite 30 REDLANDS, CA 92 73-4746 Description Page Date Invoice No. I 01/13/2022 001-70065323 Serial (1) 2021 CATERPILLAR 420-07 BACKHOE LOADER H8T01835 VIN Due Date WITHOUT THE APPROPRIATE TAX EXEMPTION CERTIFICATE, APPLICABLE SALES AND/OR USE TAX WILL BE CHARGED. CITY OF REDLAND 35 CAJON ST., Suit 30 REDLANDS, CA 92373-4746 Upon Receipt. PLEASE PAY THIS AMOUNT Pmt. No, 1 Amount $32,000.92 $ $32,000.92 Invoice No. 001-70065323 - 1 Total Enclosed Remit To: Caterpillar Financial Services Corporation 5th Floor Document Services Doc Specialist: QUINN COMPANY 2120 West End Ave. Nashville, TN 37203 RETURN INVOICE AND CHECK FOR SPECIFIED PAYMENT(S) WITH SIGNED DOCUMENTS. Your check will be cashed by Caterpillar Financial Services Corporation (CFSC) upon receipt, but that act will not constitute acceptance by CFSC of the Loan Lease or Schedule, If CFSC accepts and executes the Loan, Lease or Schedule, the proceeds of this check will be applied to the specified payments. If CFSC does not accept the Loan, Lease or Schedule, CFSC will return an amount equal to this check, U5 INVOICE (ADVANCE PAYMENT) • 433699613J01/2022 02;39:41 PM Ref. 123164 ORIGJ N occurs or if you non -appropriate, full and unencumbered title to the Units will pass to Os without the necessity of further action by the .parties, and you wi i have no further interest in the Units. If we are entitled to obtain ppssession of any Units or if you are obligated at any lime to return 5ny Units, then (a) title to the Units will vest in us immediately, and (I?) you will, at your expense, promptly deliver the Unit to us property protected and in the condition required by Section 11. You will deliver the Unit, at our option, (i) to the nearest Caterpillar dealer s fling equipment of the same type as the Unit; or (ii) on board a carder named by us and shipping the Unit, freight collect, to a destination designated by us. If the Unit is not in the condition required by Section 11, you must pay us, on demand, all costs and expenses incurred by us to bring the Unit into the required condition.Until the Units are returned as required above, all terms of this Ireement will remain in full force and effect including, without limitation, your obligation to pay Lease Payments and to insure the Units. SIGNATURES LESSOR CATERPILLAR FINANCIAL SERVICES CORPORATION Signature Name (Print) Title Date David Hollis -1,-rmerifation_Mariager US Governmental Equipment Lease -Purchase Agreement 15. Other Documents In connection with the execution of this Agreement, you will cause to be delivered to us (i) either (A) a certified copy of your authorizing resolution substantially in the form attached as Attachment B and a copy of the minutes of the relevant meeting or (B) an opinion of your counsel substantially in the form attached as Attachment C; (ii) a copy of the signed Form filed with the Internal Revenue Service required in Section 8 above as Attachment D; and (iii) any other documents or items required by us. 16. Applicable Law This Agreement will be governed by the laws, excluding the laws relating to the choice of Jaw, of the State in which you are located. LESSEE CITY OF REDLANDS Signature Name (Print) Title Date Chn5 6ocarna.n Ct+y $ a1 1¢ 4336946 13/01120220239:51 PM Ref. 1231648 ORDINAL RESOLUTION NO. 8329 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF AN EQUIPMENT LEASE/PURCHASE AGREEMENT, AND OTHER INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the laws of the State of California (the "State") authorize the City of Redlands (the "City"), a duly organized political subdivision and municipal corporation of the State, to purchase, acquire and lease personal property the benefit of the City and its inhabitants and to enter into any necessary contracts; and WHEREAS, the City desires to lease, purchase and/or finance equipment ("Equipment") from Caterpillar Financial Services Corporation and/or an authorized Caterpillar dealer ("Caterpillar") by entering into that certain Governmental Equipment Lease -Purchase Agreement (the "Agreement") with Caterpillar attached hereto as Exhibit "A;" and WHEREAS, the form. of the Agreement has been presented to the City Council of the City at its May 17, 2022 meeting at which this Resolution was adopted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: Section 1. The Agreement, including all schedules and exhibits attached to the Agreement, is approved in substantially the form presented at the City Council's May 17, 2022 meeting, with any Approved Changes as defined below. Section 2. The City entered into the Agreement with Caterpillar and the Agreement is adopted as a binding obligation of the City. Section 3. That changes may later be made to the Agreement if the changes are approved by the City's legal counsel and the members of the City Council of the City (the "Approved Changes"), and that the signing of the Agreement and any related documents is conclusive evidence of the approval of the changes. Section 4. That Chris Boatman, the City's Facilities and Community Services Director, be and is authorized, directed and empowered, on behalf of the City, to (i) sign and deliver to Caterpillar, and its successors and assigns, the Agreement and any related documents, and (ii) take or cause to be taken all actions he deerns necessary or advisable to acquire the Equipment, including the signing and delivery of the Agreement and related documents. Section 5. That the City Clerk of the City is authorized to attest to this Resolution and affix the seal of the City to the Agreement, this Resolutions, and any related documents. Section 6. That nothing in this Resolution, the Agreement, or any other document imposes a pecuniary liability or charge upon the general credit of the City or against its taxing power, except to the extent that the payments payable under the Agreement are special limited obligations of the City as provided in the Agreement. 1 Section 7. That a breach of this Resolution, the Agreement, or any related document will not impose any pecuniary liability upon the City or any charge upon its general credit or against its taxing power, except to the extent that the payments payable under the Agreement are special limited obligations of the City as provided in the Agreement. Section 8. This Resolution shall take effect immediately upon its adoption. ADOPTED, SIGNED AND APPROVED this 17th ay•olr a , 2022. ATTEST; e DonaIdson, City Clerk 2 Paul Barich, Mayor On motion of Council Member Denise Davis, seconded by Council Member Mick Gallagher, the City Council unanimously approved, by roll call vote, the purchase of one 4-Post Vehicle Lift from Stertil-Koni in the amount of $83,91 I.69. Vote: 5 - 0 Passed Receive and File Annual Re ort CPC On motion of Council Member Denise Davis, seconded by Council Member Mick Gallagher, the City Council unanimously approved, by roll call vote, to receive and file the Annual Report of the Citrus Preservation Commission as submitted by Chairman Michael Day. Vote: 5 - 0 Passed In -Kind Request Summer Music Festival As public comment, Dennis Bell thanked City Attorney McHugh for his service and wished him the best on his retirement. He questioned why the Summer Music Festival at the Redlands Bowl needed publicly funded security, and he said that in the past the Citizen Volunteer Patrol worked the events. He's found the Bowl attracts too many dogs and too many people who are smoking, and he suggested there be more enforcement against such activities. He raised doubts about the attendance numbers listed in the report and thought they were inflated in order to gain a public benefit. On motion of Council Member Denise Davis, seconded by Council Member Mick Gallagher, the City Council unanimously determined, by roll call vote, that the event is categorically exempt from environmental review pursuant to Section 15301 of the state's guidelines implementing the California Environmental Quality Act; and approved the request for in -kind support in the amount of $19,824 related to the 2022 Summer Music Festival event hosted by the Redlands Bowl Performing Arts. Vote: 5 - 0 Passed P.O. Modification Tennis Classes On motion of Council Member Denise Davis, seconded by Council Member Mick Gallagher, the City Council unanimously approved, by roll call vote, a Fiscal Year 2021-22 purchase order modification in the amount of $12,000 with Gabriel Jacobs for Tennis classes at Ford Park for the remainder of the fiscal year. Vote: 5 - 0 Passed Resolution No, 8329 Backhoe Loader Master Lease/Purchase On motion of Council Member Denise Davis, seconded by Council Member Mick Gallagher, the City Council unanimously approved, by roll call vote, Resolution No. 8329 for a Master Lease and Purchase Agreement with Caterpillar Financial Services, Inc., for the lease and purchase of a 202I Caterpillar Model 420-07 Backhoe Loader in the amount of $160,105.60. CC_RFA_May 17, 2022 Page 5 Vote: 5 - 0 Passed PMP 2021 Street Resurfacing Project Contract Amendment On motion of Council Member Denise Davis, seconded by Council Member Mick Gallagher, the City Council unanimously approved, by roll call vote, a First Amendment to the Public Works Contract with Matich Corporation for the PMP 2021 Street Resurfacing Project to increase Contractor's compensation in the amount of $176,291.47 for the Community and Senior Center access parking lot and ADA improvements. Vote: 5 - 0 Passed Resolution No_ 8319 Setting Priorities Written Arguments This item was removed from the agenda and was not considered. Resolution No. 8318 Candidate Statement Regulations On motion of Council Member Denise Davis, seconded by Council Member Mick Gallagher, the City Council unanimously approved, by roll call vote, Resolution No. 8318, adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at the General Municipal Election scheduled for November 8, 2022. Vote: 5 - 0 Passed University of Redlands Agreement RESA On motion of Council Member Denise Davis, seconded by Council Member Mick Gallagher, the City Council unanimously determined, by roll call vote, that approval of the agreement is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and approved the agreement between the City of Redlands and the University of Redlands for event services for the Redlands Emergency Services Academy, to be held Wednesday, July 13 through Wednesday, July 20, 2022_ Vote: 5 - 0 Passed COMMUNICATIONS Video Series: Making Redlands a Better Place Public Information Officer Baker presented a new video from the video series "Working for You: Making Redlands a Better Place." This month's video highlighted Kyle Wagner, Construction Manager. Filming and production work was provided by Cheryl Williams, Multimedia Production Coordinator. Accelerate Nei¢hborhood Climate Action CC_RFA_May 17, 2022 Page 6 10006 ROSE HILLS RD. i CITY OF INDUSTRY, CA 90601 / (562)463-400D SOLD TO CATERPILLAR FIN SVCS ATTN ACCOUNTS PAYABLE P 0 BOX 340001 NASHVILLE TN 37203-0001 INVOICE NUMBER G2973201 SALE/RENTAL INVOICF PLEASE MAKE REMITTANCE TO: QUINN COMPANY P.O. BOX 849665 LOS ANGELES, CA 90084-9655 SHIP TO CITY OF REDLANDS 1270 W PARK AVE REDLANDS, CA 92373 INVOICE DATE 05-24-22 CUSTOMER NO. 121300 CUSTOMER ORDER NUMBER AGR NUMBER G29732 MAKE AA DOC. DATE 08-25-21 MODEL 420 PC LC MC SHIP VIA STORE AO DIV SALESMAN 069 TERMS 2 PAGE 10 SERIAL NUMBER H8T01835 FIN-NP EQUIPMENT NUMBER METER READING 1 INV SEQ NO 1156189 QTY. DESCRIPTION .00 MACH ID NO. NS001650 CUSTOMER CONTACT: MIKE FOSTER EQUIPMENT SALE CATERPILLAR INC. MODEL 420 1.0 ID NO: NS0016508 SERIAL NO: H8T01835 PIN: *CATOO420TH8T01835* 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 REF: 542-7992 555-2396 456-3390 423-7607 353-1389 567-5090 560-6797 540-2298 548-1231 551-6453 421-8926 559-0872 485-5303 219-3387 9R-5321 545-8548 337-7436 9R-6007 533-0488 337-9696 206-1748 573-4524 491-6736 420 07A BACKHOE LOADER CFG2 LINES,HYD CPLR 14FT EXT PILOT COUPLING,QD,THREADED WITH CAPS PLATE GROUP - BOOM WEAR GUARD, STABILIZER AUTO -UP STABILIZERS PRODUCT LINK, CELLULAR, PLE643 RADIO, FM BLUETOOTH LINES, COMBINED AUX, E-STICK RIDE CONTROL SERIALIZED TECHNICAL MEDIA KIT INSTRUCTIONS, ANSI COUPLER, PG, HYD.D.LOCK,BHL BUCKET -HD, 24", 6.2 FT3 CUTTING EDGE, TWO PIECE LOADER BUCKET PINS BUCKET -MP, 1.3 YD3, PO STABILIZER PADS, FLIP -OVER TIRES, 340 80-18/500 70-24, MX COUNTERWEIGHT, 1015 LBS SEAT BELT, 3" SUSPENSION SEAT, DELUXE FABRIC WORKLIGHTS (8) LED LAMPS When operated in California any on -road heat/v-duly diesel vehicle, alternative -diesel vehicle off -road diesel vehicle, or portable these! engine may be subject to the California Air Resources Boards Regulation to Reduce Particulate Matter and Criteria Pollutant Emissions from In -Use Heavy -Duty Diesel Vehicles, In -Use Off -Road Diesel Vehicle Regulation, or Airborne Toxic Control Measure For Diesel Particulate Matter From Portable Engrnes Rated Al 50 Horsepower And Greater It therefore could be subject to retrofit. exhaust retrofit, or accelerated turnover requirements to reduce emissions of air pollutants For rnore information, please visit the California Air Resources Board websites at htlps:llwww.arb_ca.govldiesellruck, https riwwvu orb ca.govleispregfordiesellordiesel him. or https ewww arb.ca.gavfportabtelportable.nen II is understood and agreed that title le and right of possession of any rental demis) above shall remain vested in the seller until any indebtedness and all sums due or to become due from the customer whether evidenced by note. bbook account. judgment or otherwise, shall have been fully paid, at which time ownership shall pass to the customer Client warrants that the invoiced goods or services will be used -for business dr agricultural purposes and not for personal, family or household purposes. — --- - A FINANCE CHARGE OF 1 5f PER MONTH 1555 PER ANNUM) will be charged on the past due balance. The past due balance represents all charges remaining unpaid on the closing date of the month following the invoice dale. In the event of default In the payment of any amount due, and if the account is placed in the hands of any agency or attorney or collection or legal action, the purchaser agrees to pay finance charges equal to 'the cost of collection (as permitted by laws governing these transactions). When necessary, Outran will invoke its repairman's lien pursuant to Secttons 3051 and 3051a of the California Cwil Code Acceptance by the customer of the parts, service or equipment -listed above is the customer's agreement to be bound by the credit and collection terms set forth above. PAY THIS . AMOUNT AMOUNT CREDITED TOTAL 137581.86 REPRINT ctununr w 10006 ROSE HILLS RD. / CITY OF INDUSTRY, CA 90601 / (562)463-4000 SOLD TO CATERPILLAR FIN SVCS ATTN ACCOUNTS PAYABLE P 0 BOX 340001 NASHVILLE TN 37203-0001 INVOICE NUMBER G297320I AGR NUMBER G29732 MAKE AA QTY. SALE/RENTAL INVOIC f PLEASE MAKE REMITTANCE TO' QUINN COMPANY P,4, SOX 849665 LOS ANGELES, CA 90084-9665 SHIP TO CITY OF REDLANDS 1270 W PARK AVE REDLANDS, CA 92373 INVOICE DATE 05-24-22 DOC. DATE 08-25-21 MODEL 420 CUSTOMER NO, 121300 PC LC MG CUSTOMER ORDER NUMBER SHIP VIA STORE AO DIV SALESMAN 069 TERMS 2 10 SERIAL NUMBER H8T01835 FIN-NP EQUIPMENT NUMBER DESCRIPTION METER READING PAGE 2 INV 6E0 NO 1156189 .00 MACH ID ND. NS001650 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 542-7810 545-5048 544-0883 542-7774 541-9540 544-0930 543-4284 ATT: CATERPILLAR ID NO: K38963 REF: 219-3411 ATT: CATERPILLAR ID NO: K41154 REF: 219-3386 1.0 178-3593 ATT: CATERPILLAR ID NO: K41055 REF: 282-5409 1.0 281-6708 AIR CONDITIONER, T4F DISPLAY, TOUCH SCREEN CAB, DELUXE HYDRAULICS, MP, 6FCN/8BNK, ST ENGINE, 74.5KW, C3.6 DITA, T4F PT, 4WD/2WS.AUTOSHIFT STICK, EXTENDABLE, 14FT FLASHING LIGHTS INC. S/N - BI210403150 BUCKET -HD, 12", 2.8 FT3 INC. S/N - BK210606653 BUCKET -HD, 18", 4.2 FT3 PINS, BUCKET, BHL-F, 45MM-50MM INC. S/N - DJ210508305 THUMB, HYDRAULIC, NO TINE, BHL THUMB, TINE, A 5 ATT: CATERPILLAR INC. ID NO:. K42040 REF: 517-6993 WHEEL, 18", BL CA TIRE FEE TERMS: CAT FINANCE LEASE TOTAL 7.00 When operated in California any on -road heavy-duty diesel vehicle, alternative -diesel vehicle. off -road diesel vehicle, or portable diesel engine may be subject la the California. Air Resources Boards Regulation to Reduce Particulate Matter and Cnteria Pollutant Emissions from in -Use Heavy Duty Diesel Vehicles, In -Use Off -Road Diesel Vehicle Reputation, or Airborne Toxic Control Measure For Diesel Particulate Matter From Portable Engines Hated Al ad Horsepower And Greater It therefore Gourd be subject. to retrofit, exhaust retrofit, or acce/erated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board weesites at hltps,//www.arb.ca_govldieseltruck, httpsllwww.orb.ca govirrlsproglordiesellordiesel.htm, or https'llwww.arb.ca,govlportableiportable-him. It is understood and agreed that titleto and right of possession of any rental items) above shall remain vested in the seller until any indebtedness and all sums due or to become due from the customer, whether evidenced by note, book account, judgment or otherwise, shall have been fully paid, at which time ownership shall pass to the customer. Client warrants that the invoiced goods or services will be used far business or agricultural purposes and not for personal, family or household purposes. A FINANCE CHARGE OF 1 5°:u PER MONTH (18% PER ANNUM) will he charged on the past due balance. The past due balance represents all charges remaining unpaid on the closing date of the month following the invoice date. in the event of'default in the payment of any amount due, and if the account is placed in the. hands of any agencyor attorney for collection or legal action, the purchaser agrees to pay finance charges equal to the cost of collection (as permitted by laws governingthese transactions). Wi When necessary, Quinn will invoke ts reparrmans lien pursuant to Sections 3051 and 3651a of the California Ctml Code Acceptance by the customer of the parts, service or equipment-listedabove is the customer's agreement to be bound by the credit and collection terms set forth above_ PAY THIS ► AMOUNT AMOUNT CREDITED , REPRINT Qum 10006 ROSE HILLS RD. / CITY OF INDUSTRY, CA 90601 1 (562)463-4000 SOLD TO CATERPILLAR FIN SVCS ATTN ACCOUNTS PAYABLE P 0 BOX 340001 NASHVILLE TN 37203-0001 INVOICE NUMBER G2973201 SALE/RENTAL INVOICE PLEASE MAKE REMITTANCE TO. QUINN COMPANY P.O. BOX 849665 LOS ANGELES, CA 90084-9665 SHOP TO CITY OF REDLANDS 1270 W PARK AVE REDLANDS, CA 92373 INVOICE DATE 05-24-22 CUSTOMER NO, 121300 AGR NUMBER G29732 MAKE AA QTY. DOC. DATE 08-25-21 MODEL 420 PC LC CUSTOMER ORDER NUMBER MC 10 SERIAL NUMBER H8T01835 STORE AO SHIP VIA FIN-NP EQUIPMENT NUMBER DIV SALESMAN TERMS PAGE 069 2 3 METER READING DESCRfPT)QN WARRANTY: 12M0 STANDARD EXT WARRANTY: 36M0/1500HR PREMIER CVA: 36M0/1500HR PARTS ONLY SALESMAN: JOSE FARIAS SOURCEWELL DISCOUNT HAS BEEN APPLIED CONTRACT NUMBER 032119-CAT NET 10 DAYS When operated in California any on -road heavy-duty diesel vehicle alternative -diesel vehicle off -road diesel vehicle, or portable diesel engine may be subject to me California Air Resources Boards Regulation to Reduce Particulate Matter and Criteria Pollutant Emissions from In -Use Heavy -Duty Diesel Vehicles, In -Use Off -Road Diesel Vehicle Regulation, or Airborne Toxic Control Measure Per Diesel Particulate Mailer from Portable Engines Rated At 50 Horsepower And Greater It therefore could be -subject to retrofit. exhaust retrofit, or accelerated turnover requirements to reduce emissions of air Rhollutants For more information, please visit the California Air Resources Board websites at https:llwww arb ca.govfdiesellnrck. ps-,twww arb.ca.govlmsprcglordieseilordiesei htm, or https-lfwww arb ca gev/portablelportable.htm II is understood and agreed That title to and right of possession of any rental ilemis) above shall remain vested in the seller until any indebtedness and all sums due or to become due front the customer, whether evidenced by note, book account, judgment or otherwise, shall have -been fully paid, at which time ownership shall pass to the customer_ Client warrants That the invoiced goods or services Will be used for business or agricultural purposes and not for personal, family or household purposes A FINANCE CHARGE OF 1.5% PER MONTH (le% PER ANNUM) will be charged on the past due balance. The past due balance represents all charges remaining unpaid on the closing date of the month following the invoice date. In the event of default in ,(the payment of any amount duge, and If the account is placed in the hands of any agency, or attorney for collection or legal action. the urchaser agrees to GalifomiaCivil Code. Acceiptance by the custcolomer [tithe parts. Serviceaorsegoverning uipm nt listed above as Ihesc 4stomer'seagree necessary, be will by the credit and col eotion term toSections fQ iih above 1 and 3051 a of the INV SEQ NO 1156189 .00 MACH ID NO. NS001650 TOTAL UJSD 137588.86 REPRINT