HomeMy WebLinkAbout11133RESOLUTION NO. 11133
A RESOLUTION APPROVING A MASTER EQUIPMENT AGREEMENT BY AND BETWEEN
PUEBLO, A MUNICIPAL CORPORATION AND ALL POINTS PUBLIC FUNDING, LLC,
APPROVING A RELATED ESCROW AGREEMENT BY AND BETWEEN PUEBLO, A
MUNICIPAL CORPORATION, ALL POINTS PUBLIC FUNDING LLC AND DEUTSCHE BANK
NATIONAL TRUST COMPANY, AND APPROVING SEPARATE EQUIPMENT SCHEDULES
WITH RESPECT THERETO, AUTHORIZING EXECUTION THEREOF BY THE PRESIDENT
OF CITY COUNCIL, AND AUTHORIZING THE EXECUTION AND DELIVERY OF
DOCUMENTS REQUIRED THEREWITH BY THE CITY MANAGER, AND AUTHORIZING ALL
OTHER ACTIONS NECESSARY TO THE CONSUM - MATION OF THE TRANSACTIONS
CONTEMPLATED BY THIS RESOLUTION
WHEREAS, Pueblo, a Municipal Corporation (hereinafter "City ") is a Colorado home rule
city organized and existing under and by virtue of Article XX of the Colorado Constitution, and is
authorized thereby to purchase and lease personal property for its municipal purposes for the
benefit of City and its inhabitants and to enter into contracts with respect thereto; and
WHEREAS, City desires to purchase, acquire and lease certain equipment constituting
personal property necessary for the City to perform essential governmental functions; and
WHEREAS, in order to acquire such equipment, City proposes to enter into that certain
Master Equipment Lease - Purchase Agreement (the "Agreement ") and separate Equipment
Schedules from time to time as provided in the Agreement with All Points Public Funding, LLC
(the "Lessor") and that certain Escrow Agreement with the Lessor and Deutsche Bank National
Trust Company, as escrow agent, true and correct copies of which are attached hereto as
Exhibits "A ", "B: and "C ", and
WHEREAS, City Council as the governing body of the City deems it for the benefit of
City and for the efficient and effective administration thereof to enter into the Agreement and the
separate Equipment Schedules as provided in the Agreement for the purchase, acquisition and
leasing of the equipment to be therein described on the terms and conditions therein provided;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The form, terms and provisions of the Agreement, the Escrow Agreement and the
separate Equipment Schedules as provided in the Agreement are hereby approved in
substantially the form attached hereto with such insertions, omissions and changes as shall be
approved by the President of City Council and the City Attorney, the execution of such
documents being conclusive evidence of such approval; and the President of the City Council is
hereby authorized and directed to execute the Agreement, the Escrow Agreement and each
Equipment Schedule and any related Exhibits attached thereto and to deliver the Agreements
and each Equipment Schedule, and the City Clerk is authorized and directed to attest same and
affix the seal of the City thereto.
SECTION 2
The City Manager is authorized and directed to take all action necessary or reasonably
required by the parties to the Agreement, the Escrow Agreement and each Equipment Schedule
to carry out, give effect to and consummate the transactions contemplated thereby (including
the execution and delivery of Certificates of Acceptance and Payment Requests and any tax
certificate and agreement, each with respect to separate Equipment Schedules, as
contemplated in the Agreement) and to take all action necessary in conformity therewith,
including, without limitation, the execution and delivery of any closing and other documents
required to be delivered in connection with the Agreement, the Escrow Agreement and each
Equipment Schedule.
SECTION 3
The Agreement, the Escrow Agreement and each Equipment Schedule, are expressly
made subject to sufficient appropriations being made therefore in each fiscal year after 2007.
Nothing contained in this Resolution, the Agreement, the Escrow Agreement, any Equipment
Schedule nor any other instrument, shall be construed with respect to the City as incurring a
pecuniary liability or charge upon the general credit of the City or against its taxing power, nor
shall the breach of any agreement contained in this Resolution, the Agreement, the Escrow
Agreement, any Equipment Schedule or any other instrument or document executed in
connection therewith 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 rental payments payable under
each Lease are special limited obligations of the Lessee as provided in such Lease. Nothing in
the Agreement, the Escrow Agreement or any Equipment Schedule is intended, nor shall it be
construed, to create any multiple - fiscal year direct or indirect debt or other financial obligation
whatso -ever of the City.
SECTION 4
The City Manager and Director of Finance of the City are each hereby designed to act
as authorized representatives of the City for purposes of the Agreement, the Escrow Agreement
and each Equipment Schedule until such time as the City Council shall designate any other or
different authorized representative for purposes of the agreement, the Escrow Agreement and
each Equipment Schedule.
SECTION 5_
This Resolution shall be effective immediately upon final passage and approval.
INTRODUCED October 22, 2007
ATTESTED BY
APPROVED: a
ESID NTof City Council
CITY CLERK
Randy Thurston
Councilperson
L_f T A LIW,
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # °
DATE: OCTOBER 22, 2007
DEPARTMENT: INFORMATION TECHNOLOGY DEPARTMENT
JOHN WILKINSON, DIRECTOR
TITLE
A RESOLUTION APPROVING A MASTER EQUIPMENT
AGREEMENT BY AND BETWEEN PUEBLO, A MUNICIPAL
CORPORATION AND ALL POINTS PUBLIC FUNDING, LLC,
APPROVING A RELATED ESCROW AGREEMENT BY AND
BETWEEN PUEBLO, A MUNICIPAL CORPORATION, ALL
POINTS PUBLIC FUNDING LLC AND DEUTSCHE BANK
NATIONAL TRUST COMPANY, AND APPROVING SEPARATE
EQUIPMENT SCHEDULES WITH RESPECT THERETO,
AUTHORIZING EXECUTION THEREOF BY THE PRESIDENT OF
CITY COUNCIL, AND AUTHORIZING THE EXECUTION AND
DELIVERY OF DOCUMENTS REQUIRED THEREWITH BY THE
CITY MANAGER, AND AUTHORIZING ALL OTHER ACTIONS
NECESSARY TO THE CONSUMMATION OF THE
TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION
ISSUE
Should Council approve a lease agreement for radio equipment that will be par of
the City's 700/800 MHz Radio Network project?
RECOMMENDATION
Approval of this Resolution
BACKGROUND
This agreement would allow the City to lease the equipment, software, and
services necessary to implement the 700/800 MHz Radio System that will
become part of the States Digital Trunked Radio System. This is a lease
purchase agreement, so at the end of the ten -year lease period, the City would
take ownership of the equipment, software, etc. Leased under this agreement
would be electronic equipment for two radio towers (at sites known as Jackson
Hill and Goat Hill), equipment and software for 911 dispatchers, and radios
necessary to get all City radio users onto the system.
FINANCIAL IMPACT
This agreement will allow total expenditures up $3,900,000. Annual payments, all
of which would be subject, every year, to budgeting and appropriation by City
Council, would be $474,738. For the 2008 budget, staff will recommend that
$300,000 of the payment amount be drawn from the e911 surcharge and the
$174,738 be drawn from interest on the'' /: Cent sales tax revenue.