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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/01/2007 - FIRST READING OF ORDINANCE NO. 064, 2007, AUTHORIZ ITEM NUMBER: 16 AGENDA ITEM SUMMARY DATE: May 1, 2007 FORT COLLINS CITY COUNCIL STAFF: Jim O'Neill SUBJECT First Reading of Ordinance No. 064, 2007, Authorizing the Purchasing Agent to Enter into an Agreement to Finance Vehicles and Equipment Through Lease-Purchase. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY The cost of the items to be lease-purchased is$1,070,000. Payments at the 4.26%interest rate will not exceed $119,367 in 2007. Money for 2007 lease-purchase payments is included in the 2007 budget. The effect of the debt position for the purpose of financial rating of the City will be to raise the total City debt by 0.22%. A competitive process was used to select Koch Financial Corporation for this lease. BACKGROUND This Ordinance authorizes the Purchasing Agent to enter into a lease-purchase financing agreement with Koch Financial Corporation at 4.26%interest rate. The agreement is for an original term from the execution date of the agreement to the end of the current fiscal year. The agreement provides for renewable one-year terms thereafter,to a total term of five(5)years,subject to annual appropriation of funds needed for lease payments. The total lease terms, including the original and all renewal terms, will not exceed the useful life of the property. This lease-purchase financing is consistent with the financial policies of the City of Fort Collins. All equipment shall be purchased following the City's purchasing ordinances and procedures to ensure that the City realizes all cost savings. The vehicles and equipment financed under the agreement will comply with applicable City policies, and will be in accordance with the goal of optimizing City resources without impacting service to the community. An "Equipment Request"justifying the replacement of each vehicle or piece of fleet equipment is on file with Fleet Services. The fleet manager has researched each request,and approved them based on current and projected maintenance costs, fuel economy, downtime, and relevant safety factors. May 1, 2007 -2- Item No. 16 Other equipment purchases have been approved in accordance with departmental procedures. Lease-Purchase The City's lease-purchase policy provides that: The City of Fort Collins uses lease-purchase for the provision of new and replacement equipment, vehicles and rolling stock in order to ensure the timely replacement of equipment and vehicles. This method may also be used to acquire real property. Members of the management staff have developed an equipment needs schedule for rolling stock which encompasses the demands of operating departments. This schedule is used to project equipment needs for each budget year. The type of lease that the City uses is termed a conditional sales lease. With each rental payment the City builds equity and assumes risk in the asset over the term of the lease. The annual installments are subject to appropriation by the Council each year. Advantages of a lease-purchase over a cash purchase are: • Decreasing the impact of inflation on the purchase of new and replacement equipment. • Resolving the problem of capital replacement needs backlog. • Conserving operating reserves. • Reducing the initial impact of the cost to user departments by enabling costs to be spread over the useful life of the equipment. • Safeguarding the opportunity to use cash assets to earn higher interest than the interest cost of lease-purchasing. It should be noted that the City is able to discontinue the equipment leases so that future City Councils will have the option to continue or discontinue the policy of lease-purchasing City equipment. According to Section 29-1-103 C.R.S., local governments are required to identify as part of their budgets: (1)the total expenditures during the ensuing fiscal year for all lease purchase agreements involving real and personal property; and (2)the total maximum payment liability under all lease purchase agreements over the entire terms of the agreements, including all optional renewal terms. Staff recognizes that the State does not include lease-purchase in the legal definition of debt; however, rating agencies include lease-purchases in calculating the City's debt burden. The proposed Ordinance authorizes the lease-purchase financing of the following: • May 1, 2007 -3- Item No. 16 Line Department Qty Description Total Cost Term No. (yrs) I Traffic 1 Refurbish paint machine 126,372 5 2 Traffic 1 Retroreflectometer 18,600 5 3 Collindale Golf 1 Toro Triplex 3150 Greens Mower 24,982 5 4 Collindale Golf 1 Express 3000 Reel Grinder 31,082 5 5 Collindale Golf 1 Express 3000 Bedknife Grinder 13,866 5 6 SouthRidge 15 EZ-GO Golf Carts 29,340 5 7 SouthRidge 1 Toro5040 Sand Rake 16,625 5 8 SouthRidge I MF 431 Utility Tractor 15,950 5 9 SouthRidge 1 Toro 3500D Mower(used) 13,000 5 10 SouthRidge I Metron Pumping System 114,030 5 11 City Park Nine 1 Toro 3500D Mower 32,147 5 12 City Park Nine I Toro Workman 3200 Utility Vehicle 22,267 5 13 City Park Nine 1 Dakota 410 Top Dresser 13,866 5 14 Police Inv. 1 2007 Ford Expedition 29,719 5 15 Police Patrol 17 2007 Dodge Durango 4wd 370,931 5 16 Police Patrol 1 2007 Ford F-250 4wd, crewcab 23,179 5 17 Police Patrol 1 Police equipment and installation 152,971 5 18 Police Inv. 1 2007 Dodge Durango 4 wd 21,073 5 Total 5-year Financing 1,070,000 May 1, 2007 -4- Item No. 16 The Operations Services Director has determined that the following units meet requirements for replacement of vehicles. Departments have appropriately justified the purchase of additional vehicles and equipment. Disposal of old Department Old unit: A IMiles/hours: New unit purpose: unit: Notes: Meets CDOT Pavement marking standards for Traffic n/a Retroreflectometer n/a measurement Rebuild paint Large paint body to striping extend service Traffic truck n/a n/a n/a life Collindale Past expected Replacement bedknife Golf n/a 37 vrs service life. grinder Auction Collindale Replacement reel Golf n/a 37 ws grinder Auction One current triplex will be used for rolling and Collindale verticuting Golf n/a I Tri lex greens mower n/a greens. City Park Toro Groundsmaster Nine Golf Toro 3500D 7 —2800 his 3500D Auction City Park Toro Workman 3200 Nine Golf n/a n/a n/a Utility Vehicle n/a Unit will mount on City Park Lely Dakota 410 Top- Toro Nine Golf spreader Wom out dresser Auction Workman SouthRidge 15 Club Car 5-7 Traded in, For rental to Golf rental carts yrs varies 2007 EZ-GO golf carts per bid the public SouthRidge Toro 5040 Sand Pro Golf n/a 9 yrs 3800 sand trap rake Auction SouthRidge Used Toro 3500D Golf n/a mower n/a SouthRidge 2006 Massey Ferguson Golf n/a I Utility Tractor n/a SouthRidge 20+ Original Golf n/a s uro s New Metron munvs n/a Per bid 2004 Police Inv. Intrepid 3 wrecked Duran o Auction Police Inv. Additional SIU n/a n/a n/a Ford Ex edition n/a unit Police Patrol 2000 Im ala 7 49,600 Durango Pool Police Patrol 2000 CV 7 76,800 Durango Auction Police Patrol 2000 CV 7 65,900 Durango Pool Police Patrol 1997 CV 10 69,300 Durango Pool May 1, 2007 -5- Item No. 16 Disposal of old De artment Old unit: A e: Miles/hours: New unit purpose: unit: Notes: Police Patrol 2000 CV 7 77,200 Durango Auction Police Patrol 2000 Impala 7 86,700 Durango Auction Police Patrol 1998 Blazer 9 55,400 Durango Reassign Police Patrol 2000 F-150 7 72 200 Durango Auction Police Patrol 2000 Exp. 7 75.700 Durango Auction Police Patrol 1992 Sub. 15 80,800 Durango Auction Police Patrol 2001 Impala 6 77 200 Durango Auction Police Patrol 2002 Tahoe 5 95.500 Durango Auction Police Patrol 1998 Blazer 9 50,000 Duran o Reassign Police Patrol 2001 Tahoe 6 73,700 Durango Pool Additional Police Patrol n/a n/a n/a 3 Duran os n/a I units Additional Police Patrol n/a n/a n/a Ford F250 crewcab n/a I unit Note on usage: Units will accumulate additional miles/hours between now and when replacement vehicles arrive. ORDINANCE NO . 0649 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE PURCHASING AGENT TO ENTER INTO AN AGREEMENT TO FINANCE VEHICLES AND EQUIPMENT THROUGH LEASE-PURCHASE WHEREAS , the City is authorized by the Colorado Constitution, Article XX, § 6 , its Charter, and Part 8 of Article 15 of Title 31 , Colorado Revised Statutes, as amended (the "Act"), to enter into rental or leasehold agreements in order to provide necessary land, buildings, equipment and other property for governmental or proprietary purposes, and such agreements may include options to purchase and acquire title to such leased or rented property; and WHEREAS , the City has received a proposal from Koch Financial Corporation to lease equipment to the City (the "Equipment"), consisting of the following : Line Department Qty Description Total Cost Term No . M (yrs) 1 Traffic 1 Refurbish paint machine 126,372 5 2 Traffic 1 Retroreflectometer 181600 5 3 Collindale Golf 1 Toro Triplex 3150 Greens Mower 24,982 5 4 Collindale Golf 1 Express 3000 Reel Grinder 319082 5 5 Collindale Golf 1 Express 3000 Bedknife Grinder 131866 5 6 SouthRidge 15 EZ-GO Golf Carts 299340 5 7 SouthRidge 1 Toro504O Sand Rake 161625 5 8 SouthRidge 1 MF 431 Utility Tractor 159950 5 9 SouthRidge 1 Toro 3500D Mower (used) 131000 5 10 SouthRidge 1 Metron Pumping System 1141030 5 11 City Park Nine 1 Toro 3500D Mower 32, 147 5 12 City Park Nine 1 Toro Workman 3200 Utility Vehicle 22 ,267 5 13 City Park Nine 1 Dakota 410 Top Dresser 13 ,866 5 14 Police Inv. 1 2007 Ford Expedition 295719 5 15 Police Patrol 17 2007 Dodge Durango 4wd 370,931 5 16 Police Patrol 1 2007 Ford F-250 4wd, crewcab 23 , 179 5 17 Police Patrol 1 Police equipment and installation 1521971 5 18 Police Inv. 1 2007 Dodge Durango 4 wd 215073 5 Total 5-year Financing 150709000 and WHEREAS , the City Council has determined that it is in the best interests of the City to lease the Equipment from Koch Financial Corporation, which is also providing financing for the Equipment acquisition; and WHEREAS , the City desires to enter into a lease-purchase agreement (the "Agreement") with respect to the leasing and financing of the Equipment; and WHEREAS, the useful life of the Equipment is longer than the maximum lease-purchase term of five (5) years ; and WHEREAS , the City has determined that the lease payments from the proposed Agreement will require payments by the City in the sum of $59,684 per quarter, and that payments in that amount are reasonable and proper and represent the fair rental value of the Equipment; and WHEREAS , funds for the 2007 lease payments are included in the 2007 budget; and WHEREAS , the lease of the Equipment will not constitute a "multiple-fiscal year direct or indirect debt or other financial obligation" of the City within the meaning of Article X §20(4)(b) and may therefore be entered into without voter approval; and WHEREAS , Article V, Section 9 , of the Charter of the City of Fort Collins permits the Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with previous appropriations for that fiscal year, does not exceed the then current estimate of actual and anticipated revenues to be received during the fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That the Purchasing Agent is hereby authorized to enter into the Agreement for the Equipment with Koch Financial Corporation in accordance with the following terms and provisions : a. The original term of the Agreement shall commence on the execution date thereof and shall extend through December 31 , 2007 . The Agreement shall provide for renewable one-year terms thereafter up to a total term of five (5) years, subject to annual appropriation of funds needed for lease payments . The total lease terms, including the original and all renewal terms, shall not exceed the useful life of the property. b. The City shall make equal quarterly payments throughout the term of the Agreement but subject to annual appropriation of funds needed for such payments . c . If the City leases the Equipment for the original term and all renewal terms, the payment to Koch Financial Corporation will total the sum of the principal, $ 1 ,070,000, plus interest at a fixed rate equal to 4 .26% per year. -2- d. The City shall have the option to purchase part or all of the Equipment on any quarterly payment date of any term. The option to purchase shall be exercised by paying the quarterly payment due on that date and the unpaid principal due after that date. e . If the City renews the Agreement for all the renewal terms and makes all payments during said terms, the City will have exercised the option to purchase said Equipment. f. The Agreement shall constitute only a current expense of the City and shall not be construed to be a debt or pledge of the City's credit or revenues . Section 2 . That the amount of Five Hundred Ninety- Seven Thousand, Eight Hundred Seventy-Three Dollars ($597, 873 ) to be provided under the Agreement is hereby appropriated for expenditure in the General Fund from unanticipated revenue in the appropriate funds for the acquisition of the Police vehicles in accordance with the terms and provisions of the Agreement, upon receipt thereof. Section 3 . That the amount of One Hundred Forty-Four Thousand, Nine Hundred and Seventy-Two Dollars ($ 144,972) to be provided under the Agreement is hereby appropriated for expenditure in the Transportation Fund from unanticipated revenue in the appropriate funds for the acquisition of the Traffic Operations vehicles in accordance with the terms and provisions of the Agreement, upon receipt thereof. Section 4. That the amount of Three Hundred Twenty- Seven Thousand, One Hundred and Fifty-Five Dollars ($327, 155) to be provided under the Agreement is hereby appropriated for expenditure in the Golf Fund from unanticipated revenue in the appropriate funds for the acquisition of equipment in accordance with the terms and provisions of the Agreement, upon receipt thereof. Section 5 . Any inconsistency between the provisions of this Ordinance and those of the Act is intended by the Council. To the extent of any such inconsistency the provisions of this Ordinance shall be deemed made pursuant to the Charter of the City and shall supersede, to the extent permitted by law, the conflicting provisions of the Act. Introduced, considered favorably on first reading, and ordered published this 1 st day of May, A.D . 2007, and to be presented for final passage on the 15th day of May, A.D. 2007 . Mayor ATTEST : City Clerk -3 - Passed and adopted on final reading on the 15th day of May, A.D . 2007 . Mayor ATTEST : City Clerk -4-