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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 03/18/2014 - FIRST READING OF ORDINANCE NO. 045, 2014, AUTHORIZAgenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY March 18, 2014 City Council STAFF Gerry Paul, Director of Purchasing & Risk Management SUBJECT First Reading of Ordinance No. 045, 2014, Authorizing the Purchasing Agent to Enter into an Agreement for the Financing by Lease-Purchase of Vehicles and Equipment and Appropriating the Amount Needed for Such Purchases. EXECUTIVE SUMMARY The purpose of this item is to request the lease-purchase of vehicles and equipment for the cost of $2,941,469. Payments at the 2.4% interest rate will not exceed $313,029.11 in 2014. Money for 2014 lease-purchase payments is included in the 2014 budget. The effect of the debt position on the City’s financial rating will be to raise the total City debt to 2.38%. A competitive process was used to select Pinnacle Public Finance for this lease. A 2014 Finance Department analysis of current and historical equipment lease financing arrangements showed that lease-purchase is in the best interest of the City given the normal spread between lease rate and reinvestment rate. Staff believes acceptance of this lease rate is in the City's best interest. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION This Ordinance authorizes the Purchasing Agent to enter into a lease-purchase financing agreement with Pinnacle Public Finance at 2.4% 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, which is greater than five years in each instance. 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. Other equipment purchases have been approved in accordance with departmental procedures. FINANCIAL / ECONOMIC IMPACT The City's lease-purchase policy provides that: Agenda Item 12 Item # 12 Page 2 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 vehicles and equipment. 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. With each lease payment, the purchase price for the City’s purchase of the equipment or vehicle is reduced. The annual lease payments 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 under the terms of the lease- purchase agreement. Future City Councils will retain the option to continue or discontinue the policy of lease- purchasing City equipment. A 2014 Finance Department analysis of current and historical equipment lease financing arrangements showed that lease-purchase is in the best interest of the City given the normal spread between lease rate and reinvestment rate. 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. Although a lease-purchase is not considered “debt” under the Taxpayers’ Bill of Rights, rating agencies include lease-purchases in calculating the City's debt burden. The proposed Ordinance authorizes the lease-purchase financing of the following vehicles and equipment, the weighted average useful life of which is greater than five (5) years: Description Quantity Cost Golf - New and Replacements Toro Greensmaster 3300 Triflex 2 61,962.00 Toro Workman HDX-D Utility Vehicle 2 48,076.00 Yamaha Electric Carts for Southridge 73 258,100.00 Yamaha Gas Carts for Southridge 3 11,700.00 Yamaha Electric Carts for Collindale 15 53,100.00 Yamaha Electric Carts for City Park 15 53,100.00 Yamaha Gas Carts for City Park 5 19,500.00 Golf Fund Total: 505,538.00 Streets – Replacements Cab/Chassis Tandem Plow Truck 1 104,808.00 Cab/Chassis Tandem Plow Truck 1 129,800.00 Agenda Item 12 Item # 12 Page 3 Description Quantity Cost Dump Body for Plow truck 1 113,750.00 Dump Body for Plow truck 1 113,750.00 Spreader and Tank 2 112,150.00 6 way Folding V- Plow 1 18,539.00 Loader Bucket Attachment 1 16,275.00 Compact Sweeper 1 139,100.00 Portable Belt Conveyor 1 126,000.00 Streets Total: 874,172.00 Traffic – Replacements 1/2 ton Pick-up Truck 1 25,600.00 Cab/Chassis for Bucket Truck 1 35,000.00 Body for Bucket Truck 1 85,000.00 Traffic Total: 145,600.00 Transportation Fund Total: 1,019,772.00 Parks - Replacement Vehicles Small Pick-up truck - 4wd 2 52,800.00 Snowplow equipment 2 9,000.00 1 ton Cab/Chassis 1 24,969.00 Zero Turn Mower with decks 2 29,500.00 Parks Total: 116,269.00 Forestry - Replacement Vehicle 1/2 ton Pick-up truck - 2WD 1 23,500.00 Forestry Total: 23,500.00 Operation Services - Replacement Vehicle 1/2 ton Cargo Van 1 24,000.00 Additional equipment & shelving 1 2,500.00 Operations Services Total: 26,500.00 Police Patrol - Replacement Vehicles Ford Utility Police Interceptor AWD 15 400,050.00 Patrol vehicle equipment 15 138,500.00 Patrol vehicle equip. - Vinyl wrap 17 11,250.00 Ram 1500 SSV 2 52,100.00 Patrol vehicle equipment 2 24,400.00 Patrol New Officer Vehicle Total: 626,300.00 Investigations - Replacement Vehicle 1/2 ton Pick-up truck 1 27,000.00 Patrol vehicle equipment 1 3,500.00 Investigation New Officer Vehicle Total: 30,500.00 Patrol - New Officer Vehicles (KFCG) Ford Utility Police Interceptor AWD 7 186,700.00 Patrol vehicle equipment 7 77,000.00 Patrol vehicle equip. - Vinyl wrap 7 4,700.00 Patrol New Officer Vehicle Total: 268,400.00 Investigations - New Officer Vehicle Ford Utility Police Interceptor AWD 1 26,670.00 Patrol vehicle equipment & vinyl wrap 1 11,660.00 Investigation New Officer Vehicle Total: 38,330.00 Police Patrol - Traffic - Replacement Vehicle Ford Utility Police Interceptor AWD 1 26,670.00 Agenda Item 12 Item # 12 Page 4 Description Quantity Cost Patrol vehicle equipment 1 9,300.00 Investigation New Officer Vehicle Total: 35,970.00 General Fund Total: 1,165,769.00 Information Technology Dell Latitude E6440 75 104,070.00 Dell OptiPlex 7010 100 88,000.00 Dell Precision T3610 4 5,140.00 Panisonic Toughbooks 25 41,060.00 Dell Monitor Stands 40 2,240.00 Dell Venue 11 Tablets 5 6,630.00 Logitech Keyboards 54 600.00 Dell USB Mouse 50 670.00 Power Strips/ Surge Suppressor 200 1,980.00 Data & Communications Fund Total: 250,390.00 Lease Total: 2,941,469.00 Departments have appropriately justified the purchase of all new replacement vehicles and equipment. Information on replacement units is given below. The Operations Services Director has determined that the following units meet requirements for replacement. These units are included in the financing list, above. Department Old unit: Age: Miles / hours: New unit: Disposal of old unit: Notes: Golf Various 8-9 n/a Yamaha electric carts Trade-in Replacing gasoline carts at the end of their normal service life with electric carts Streets 2080 18 152,450 miles International 7600 SFA 6x4 Auction Due for replacement Streets 2087 17 130,690 miles International 7600 SFA 6x4 Auction Cracked frame Streets 4203 34 n/a Tink 720 Claw Auction Due for replacement Streets 3206 16 3106 Hours Compact Sweeper Auction Excessive maintenance and major repairs required Traffic 2233 14 108,500 ½ ton pickup Auction Due for replacement Traffic 22401 12 10,148 Agenda Item 12 Item # 12 Page 5 Department Old unit: Age: Miles / hours: New unit: Disposal of old unit: Notes: Parks 2490 29 84,046 miles 1 ton cab/chassis Auction Excessive maintenance and major repairs required Parks 2444 15 70,491 miles small pick up Auction Excessive maintenance and major repairs required Parks 2551 16 85,168 miles Small pick up Auction Excessive maintenance and major repairs required Police – Patrol 17 units 6 -14 All over 90,000+ Utility Interceptor – AWD Auction Due for replacement Police - Investigations 21076 8 129,290 miles Toyota Sienna Auction Due for replacement Note on usage: Units will accumulate additional miles/hours between now and when replacement vehicles arrive. ENVIRONMENTAL IMPACTS Due to improvements in emissions and engine technology, new vehicles and equipment will use less fuel and produce fewer emissions than the units being replaced. The new officers to be added by Police were separately approved by Council and vehicles must be added to accommodate the increase in staffing levels. Those vehicles are as fuel efficient as can be provided pursuant to the needs of patrol and investigation officers. - 1 - ORDINANCE NO. 045, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE PURCHASING AGENT TO ENTER INTO AN AGREEMENT FOR THE FINANCING BY LEASE-PURCHASE OF VEHICLES AND EQUIPMENT AND APPROPRIATING THE AMOUNT NEEDED FOR SUCH PURCHASES WHEREAS, the City has a need for and desires to provide certain real and personal property for City purposes; and WHEREAS, the City is authorized by the Colorado Constitution, Article XX, §6, its home rule 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 Pinnacle Public Finance to lease equipment to the City, consisting of the following (the “Equipment”): Description Quantity Cost Golf - New and Replacements Toro Greensmaster 3300 Triflex 2 61,962.00 Toro Workman HDX-D Utility Vehicle 2 48,076.00 Yamaha Electric Carts for Southridge 73 258,100.00 Yamaha Gas Carts for Southridge 3 11,700.00 Yamaha Electric Carts for Collindale 15 53,100.00 Yamaha Electric Carts for City Park 15 53,100.00 Yamaha Gas Carts for City Park 5 19,500.00 Golf Fund Total: 505,538.00 Streets - Replacements Cab/Chassis Tandem Plow Truck 1 104,808.00 Cab/Chassis Tandem Plow Truck 1 129,800.00 Dump Body for Plow truck 1 113,750.00 Dump Body for Plow truck 1 113,750.00 Spreader and Tank 2 112,150.00 6 way Folding V- Plow 1 18,539.00 Loader Bucket Attachment 1 16,275.00 Compact Sweeper 1 139,100.00 Portable Belt Conveyor 1 126,000.00 Streets Total: 874,172.00 Traffic - Replacements 1/2 ton Pick-up Truck 1 25,600.00 Cab/Chassis for Bucket Truck 1 35,000.00 Body for Bucket Truck 1 85,000.00 Traffic Total: 145,600.00 Transportation Fund Total: 1,019,772.00 - 2 - Parks - Replacement Vehicles Small Pick-up truck - 4wd 2 52,800.00 Snowplow equipment 2 9,000.00 1 ton Cab/Chassis 1 24,969.00 Zero Turn Mower with decks 2 29,500.00 Parks Total: 116,269.00 Forestry - Replacement Vehicle 1/2 ton Pick-up truck - 2WD 1 23,500.00 Forestry Total: 23,500.00 Operation Services - Replacement Vehicle 1/2 ton Cargo Van 1 24,000.00 Additional equipment & shelving 1 2,500.00 Operations Services Total: 26,500.00 Police Patrol - Replacement Vehicles Ford Utility Police Interceptor AWD 15 400,050.00 Patrol vehicle equipment 15 138,500.00 Patrol vehicle equip. - Vinyl wrap 17 11,250.00 Ram 1500 SSV 2 52,100.00 Patrol vehicle equipment 2 24,400.00 Patrol New Officer Vehicle Total: 626,300.00 Investigations - Replacement Vehicle 1/2 ton Pick-up truck 1 27,000.00 Patrol vehicle equipment 1 3,500.00 Investigation New Officer Vehicle Total: 30,500.00 Patrol - New Officer Vehicles (KFCG) Ford Utility Police Interceptor AWD 7 186,700.00 Patrol vehicle equipment 7 77,000.00 Patrol vehicle equip. - Vinyl wrap 7 4,700.00 Patrol New Officer Vehicle Total: 268,400.00 Investigations - New Officer Vehicle Ford Utility Police Interceptor AWD 1 26,670.00 Patrol vehicle equipment & vinyl wrap 1 11,660.00 Investigation New Officer Vehicle Total: 38,330.00 Police Patrol - Traffic - Replacement Vehicle Ford Utility Police Interceptor AWD 1 26,670.00 Patrol vehicle equipment 1 9,300.00 Investigation New Officer Vehicle Total: 35,970.00 General Fund Total: 1,165,769.00 Information Technology Dell Latitude E6440 75 104,070.00 Dell OptiPlex 7010 100 88,000.00 Dell Precision T3610 4 5,140.00 Panasonic Toughbooks 25 41,060.00 Dell Monitor Stands 40 2,240.00 Dell Venue 11 Tablets 5 6,630.00 - 3 - Logitech Keyboards 54 600.00 Dell USB Mouse 50 670.00 Power Strips/ Surge Suppressor 200 1,980.00 Data & Communications Fund Total: 250,390.00 Lease Total: 2,941,469.00 and; WHEREAS, the City Council has determined that it is in the best interests of the City to lease the above-described equipment from Pinnacle Public Finance, which is also providing financing for the Equipment acquisition; and WHEREAS, the City desires to enter into a lease-purchase 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 years; and WHEREAS, the City has determined that the lease payments to result from the proposed arrangement will require payments by the City in the sum of $156,514.56 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 2014 lease payments are included in the 2014 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) of the Colorado Constitution, and may therefore be entered into without voter approval; and WHEREAS, Article V, Section 9, of the City Charter 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; and WHEREAS, City staff has determined that the appropriation described in this Ordinance will not cause the total amount appropriated in the respective fund to exceed current estimates of actual and anticipated revenues to be received in those funds 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 a lease- purchase agreement for the above-described Equipment with Pinnacle Public Finance in accordance with the following terms and provisions: - 4 - a. The agreement shall be for an original term from the execution date of the agreement through April 30, 2015. 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 such agreement but subject to annual appropriation of the funds needed for such payments. c. If the City leases the Equipment for the original term and all renewal terms, the payment to Pinnacle Public Finance will total the sum of the principal, $2,941,469.00, plus interest at a fixed rate equal to 2.40% per year, which is a reasonable amount. d. The City shall have the option to purchase part or all of the Equipment on the date of any scheduled quarterly payment during any term. The option to purchase shall be exercised by paying the quarterly payment due on said date and the unpaid principal due after said date, as to any or all of the Equipment. e. If the City renews the agreement for all the renewal terms and makes all payments during said terms, the City shall be deemed to have exercised the option to purchase the 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 Five Thousand, Five Hundred and Thirty-Eight Dollars ($505,538) to be provided under the lease-purchase agreement is hereby appropriated for expenditure in the Golf Fund from unanticipated revenue in the appropriate funds for the acquisition of vehicles and equipment in accordance with the terms and provisions of the lease-purchase agreement, upon receipt thereof. Section 3. That the amount of One Million, Nineteen Thousand, Seven Hundred and Seventy-Two Dollars ($1,019,772) to be provided under the lease-purchase agreement is hereby appropriated for expenditure in the Transportation Fund from unanticipated revenue in the appropriate funds for the acquisition of vehicles and equipment in accordance with the terms and provisions of the lease-purchase agreement, upon receipt thereof. Section 4. That the amount of One Million, One Hundred Sixty-Five Thousand, Seven Hundred and Sixty-Nine Dollars ($1,165,769) to be provided under the lease-purchase agreement is hereby appropriated for expenditure in the General Fund from unanticipated revenue in the appropriate funds for the acquisition of equipment in accordance with the terms and provisions of the lease-purchase agreement, upon receipt thereof. - 5 - Section 5. That the amount of Two Hundred Fifty Thousand, Three Hundred and Ninety Dollars ($250,390) to be provided under the lease-purchase agreement is hereby appropriated for expenditure in the Data & Communications Fund from unanticipated revenue in the appropriate funds for the acquisition of equipment in accordance with the terms and provisions of the lease-purchase agreement, upon receipt thereof. Section 6. 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 home rule 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 18th day of March, A.D. 2014, and to be presented for final passage on the 1st day of April, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 1st day of April, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk hours AT20S Bucket Truck Auction Due for replacement Forestry 2456 23 90,124 miles ½ ton pickup Auction Due for replacement Parks 34003 10 2,791 hours Zero Turn mower Auction Excessive maintenance and major repairs required