HomeMy WebLinkAbout2016-037-04/19/2016-AUTHORIZING THE PURCHASING AGENT TO LEASE ADDITIONAL VEHICLES AND EQUIPMENT UNDER THE CITY'S STANDAR J
RESOLUTION 2016-037
OF THE COUNCIL OF THE CITY OF.FORT COLLINS
AUTHORIZING THE PURCHASING AGENT TO LEASE ADDITIONAL VEHICLES AND
EQUIPMENT UNDER THE CITY'S STANDARD MASTER LEASE AGREEMENT WITH
PINNACLE PUBLIC FINANCING, INC. FOR SCHEDULE OF EQUIPMENT NO. 11
WHEREAS, the City and Pinnacle Public Finance, Inc. ("Pinnacle") have previously
entered into that certain "Standard Master Lease Agreement" dated February 15, 2011, (the
"Agreement"); and
WHEREAS, the Agreement provides that Pinnacle will lease to the City certain
"Equipment" as generally described in Section 1.1 of the Agreement and as specifically
described in each "Schedule of Equipment" that is agreed to in the future and added to the
Agreement as Exhibit A by the City and Pinnacle (collectively, the "Equipment"); and
WHEREAS, the Agreement contemplates an initial term of one year, with up to four
additional one-year terms, not to exceed a total of five years; and
WHEREAS, Article V of the Agreement grants the City the option to purchase any or all
of the Equipment in accordance with the provisions of Article V of the Agreement; and
WHEREAS, the Agreement also expressly provides that all of the City's obligations
under the Agreement are subject to the City Council's annual appropriation of each year's lease
payments and, if such appropriation does not occur, Pinnacle's sole remedy is to repossess the
Equipment; and
WHEREAS, the Purchasing Agent and Pinnacle have previously entered into that certain
"First Amendment to Master Lease Agreement" approved by City Council on December 2, 2014,
in Resolution 2014-108 (the "First Amendment"); and
WHEREAS, the purpose of the First Amendment was to amend certain-language in
Section 1.2 of the Agreement to clarify the City's and Pinnacle's original (and current) intent
with respect to the language in Section 1.2 that provides that the City is to be listed as the owner
on the titles of motor vehicles included in the Equipment leased under Schedule of Equipment
No. 8 and that had been leased under the previous seven schedules of equipment; and
WHEREAS, that such original (and current) intent of this motor-vehicle-title language
was and is not to change the lease-purchase nature of the Agreement, but solely for the purposes
of establishing ownership of the leased motor vehicles for federal tax purposes, reducing
Pinnacle's liability for any civil claims arising from the City's use of the motor vehicles, and for
the City's administrative convenience in establishing clear title to vehicles when the City
exercises its option to purchase any of them; and
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WHEREAS, the Purchasing Agent has negotiated with Pinnacle the lease of
additional Equipment under the Agreement as described in the "Schedule of Equipment No.
11" dated April 27, 2016, attached as Exhibit "A" and incorporated by reference
("Schedule of Equipment No. 11"); and
WHEREAS, each piece of equipment listed' in Schedule of Equipment No. 11 has
a useful life of five years or longer; and
WHEREAS, the Purchasing Agent has also negotiated with Pinnacle quarterly lease
payments of One Hundred Forty Six Thousand Six Hundred Eighty Six Dollars and Ninety
Cents ($146,686.90) for five years for the Equipment being leased in Schedule of Equipment
No.11 as set forth in the parties' "Payment Schedule, Equipment Schedule #11" dated April
27, 2016, attached as Exhibit"B" and incorporated by reference (the "Payment Schedule"); and
WHEREAS, the funds needed for the City's quarterly lease payments that will be
owed to Pinnacle in 2016 for the Equipment being leased in Schedule of Equipment No. 11,
have been budgeted and appropriated in the City's 2016 annual budget that was adopted by
Council on November 17, 2015; and
WHEREAS, the City is authorized in Section 8(c) of Article V of the City
Charter, Article IV in Chapter 8 of the City Code, and in C.R.S. Section 31-15-801 to enter
into multiple- year lease-purchase agreements provided each year's lease payments are subject
to annual appropriation; and
WHEREAS, the lease of the Equipment in Schedule of Equipment No. 10 under
the Lease will not constitute a "multiple fiscal year direct or indirect debt or other obligation"
of the City within the meaning of Section 20(4)(b) of Article X of the Colorado Constitution
and, therefore, this lease of Equipment under Schedule of Equipment No. 11 can be entered
into without voter approval; and
WHEREAS, the titles for any Motor Vehicles listed in Exhibit "A" will be held by an
escrow agent and delivered to the City in the event the City exercises its option to purchase any
of the motor vehicles; and
WHEREAS, the City Council has determined that it is in the City's best interests to
lease from Pinnacle all of the Equipment described in the Schedule of Equipment No.
11 in accordance with the terms and conditions of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
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Section 2. That the lease of the Equipment in Schedule of Equipment No. 11
under the Agreement (as amended by the First Amendment) and the Payment Schedule,
attached hereto as Exhibit "A" and Exhibit `B", respectively, are hereby approved, and the
Purchasing Agent is hereby authorized to enter into the Schedule of Equipment No. 11 and the
Payment Schedule on the City's behalf. The Purchasing Agent may agree, in consultation
with the City Attorney, to modifications and amendments to Schedule of Equipment No. 11
and the Payment Schedule as may be needed to protect the City's interests and that are
consistent with the stated purposes of this Resolution.
Section 3. That City Council's approval in this Resolution of the Schedule
of Equipment No. I and the Payment Schedule are subject to the Council budgeting and
appropriating in the City's 2016 annual budget the funds necessary for the 2016 payments
under the Payment Schedule.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
19th day of April, A.D. 2016.
FART C0�
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City Clerk
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EXHIBIT A
Schedule of Equipment No. 11 April 27, 2016
RE: STANDARD MASTER LEASE AGREEMENT entered into as of February 15, 2011, ("Agreement'),
between Pinnacle Public Finance("Lessor")and the City of Fort Collins, Colorado ("Lessee"). All terms
used and not otherwise defined herein have the meanings ascribed to them in the Agreement.
The following items of Equipment are hereby included under this Schedule to the Agreement:
Item Department/Fund Description Qty Cost Term
Golf Toro MultiPro 1750 spray vehicle 1 39,600.00 5 yrs
Golf Toro Eflex Greensmower 2 30,829.00 5 yrs
Golf Toro Groundsmaster rotary mower 1 64,000.00 5 yrs
Golf Tow behind turf aerator 1 6,750.00 5 yrs
Golf Toro Workman HDX-D 1 23,400.00 5 yrs
Golf Toro Versa Vac 1 26,100.00 5 yrs
Golf Toro Pro Sweep 1 11,800.00 5 yrs
Golf Swee -n-Fill turf brush 1 5,350.00 5 yrs
Streets Impactor&magnets - 1 510,000.00 5 yrs
Streets Street Sweeper 1 280,000.00 5 yrs
Streets Small pick up 1 26,000.00 5 yrs
Streets CNG tank packages 1 55,000.00 5 yrs
Streets Snow blower attachment for Loader 1 127,000.00 5 yrs
Parks/General Hybrid sedan 1 23,600.00 5 yrs
Parks/General %ton Cab/Chassis CNG&utility body 1 41,200.00 5 yrs
Parks/General 1 ton Cab/Chassis&flatbed body 1 38,600.00 5 yrs
Parks/General Hybrid SUV 1 28,000.00 5 yrs
Parks/General Smallpick-up 4x2 1 21,700.00 5 yrs
Parks/General Smallpick-up 4x4 1 26,000.00 5 yrs
Parks/General Large mower with cab&broom 3 115,200.00 5 yrs
Parks/General Utility vehicle-large 1 25,800.00 5 yrs
Parks/General Electric utility vehicle 1 15,650.00 5 yrs
Parks/General Turf sweeper 2 58,000.00 5 yrs
Parks/General Propane mower 1 16,800.00 5 yrs
Operations/
General Small pickup Truck 1 45,200.00 5 yrs
Police/General %tonpick-up with long bed 1 41,850.00 5 yrs
Police/General Ford Police Interceptor AWD 13 369,200.00 5 yrs
Police/General .Police Vehicle Equipment 1 lot 126,500.00 5 yrs
Police/General Hybrid sedan 1 1 26,400.00 5 Vrs
Ford Police Interceptor AWD—no
Police/General sot 1 28,100.00 5 yrs
Police/General Hybrid SUV 2 57,200.00 5 yrs
Police/General /tonpick-up—K9 pkg. 1 30,500.00 5 yrs
Police/General Police Vehicle Equipment 1 lot 38,600.00 5 yrs
Police
Investigations/
General /tonpick-up with long bed 1 38,900.00 5 yrs
Police
Investigations/ Ford Police Interceptor AWD—no
General sot 1 28,100.00 5 yrs
Police
Investigations/
General Investi ation VehiclW Equipment 1 lot 10,800.00 5 yrs
Police
Investigations/ Small Pickup Truck 1 26,100.00
General 5 yrs
Police
Investigations/ Hybrid Sedan 4 98,600.00
General 5 yrs
Police
Investigations/ Hybrid SUV 2 57,200.00
General 5 yrs
Police
Investigations/ Investigation Vehicle Equipment 1 lot 22,006.00
General 5 Yrs
Utility Generator 1 120,000.00
Administration 5 rs
Total: 2,781,629.00 5 rs
Exhibit B
Payment Schedule, Equipment Schedule#11
Totals: $2,933,738.07 $152,109.07 $2,781,629.00 Rate 2.0506%
Payment Payment - Purchase Outstanding
Pmt# Date Amount Interest Principal Price Balance
4/27/2016 $2,781,629.00
1 7/27/2016 $146,686.90 $14,255.85 $132,431.05 $2,649,197.95 $2,649,197.95
2 10/27/2016 $146,686.90 $13,577.14 $133,109.76 $2,516,088.18 $2,516,088.18
3 1/27/2017 $146,686.90 $12,894.95 $133,791.95 $2,382,296.23 $2,382,296.23
4 4/27/2017 $146,686.90 $12,209.27 $134,477.64 $2,247,818.59 $2,247,818.59
5 7/27/2017 $146,686.90 $11,520.07 $135,166.83 $2,112,651.76 , $2,112,651.76
6 10/27/2017 $146,686.90 $10,827.34 $135,859.56 $1,976,792.20 $1,976,792.20
7 1/27/2018 $146,686.90 $10,131.06 $136,555.84 $1,840,236.35 $1,840,236.35
8 4/27/2018 $146,686.90 $9,431.21 $137,255.69 $1,702,980.66 $1,702,980.66
9 7/27/2018 $146,686.90 $8,727.78 $137,959.13 $1,565,021.53 $1,565,021.53
10 10/27/2018 $146,686.90 $8,020.74 $138,666.17 $1,426,355.37 �$1,426,355.37
11 1/27/2019 $146,686.90 $7,310.07 $139,376.83 $1,286,978.53 $1,286,978.53
12 4/27/2019 $146,686.90 $6,595.76 $140,091.14 $1,146,887.40 $1,146,887.40
13 7/27/2019 $146,686.90 $5,877.80 $140,809.11 $1,006,078.29 $1,006,078.29 _
14 10/27/2019 $146,686.90 $5,156.15 $141,530.75 $864,547.54 $864,547.54
15 1/27/2020 $146,686.90 $4,430.81 $142,256.10 $722,291.44 $722,291.44
16 4/27/2020 $146,686.90 $3,701.74 $142,985.16 $579,306.28 $579,306.28
17 7/27/2020 $146,686.90 $2,968.94 $143,717.96 $435,588.32 $435,588.32
18 10/27/2020 $146,686.90 $2,232.39 $144,454.51 $291,133.81 $291,133.81
19 1/27/2021 $146,686.90 $1,492.06 $145,194.84 $145,938.97 $145,938.97
20 4/27/2021 $146,686.90 $747.94 $145,938.97 -$0.00 -$0.00
Commencement date: April 27, 2016