HomeMy WebLinkAbout11144RESOLUTION NO. 11144
A RESOLUTION APPROVING A MASTER LEASE AGREEMENT BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, AND SUNTRUST LEASING CORPORATION,
APPROVING EQUIPMENT SCHEDULE NO. 01 AND ADDENDUM TO EQUIPMENT
SCHEDULE NO. 01 WITH RESPECT THERETO, AUTHORIZING EXECUTION THEREOF BY
THE PRESIDENT OF THE CITY COUNCIL, AND AUTHORIZING THE EXECUTION AND
DELIVERY OF ALL OTHER DOCUMENTS REQUIRED THEREWITH BY THE CITY
MANAGER, AND AUTHORIZING ALL OTHER ACTION NECESSARY TO THE
CONSUMMATION OF THE TRANSACTION CONTEMPLATED BY THIS RESOLUTION.
WHEREAS, the City of Pueblo, a municipal corporation (hereinafter "City ") is a Colorado
home rule city duly 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 firefighting 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 a Master
Lease Agreement (the "Agreement ") and separate Equipment Schedule No. 01 and Addendum
to Equipment Schedule No. 01 (collectively, the "Lease ") with SunTrust Leasing Corporation, a
Virginia Corporation (the "Lessor"), in substantially the form as attached hereto as Exhibits "A ",
and "B "; 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 Lease for the
purchase, acquisition and leasing of the equipment therein described on the terms and
conditions therein provided; and
WHEREAS, the funds made available under the Lease will be applied to the acquisition
of the equipment in accordance with the terms of such Lease;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The form, terms and provisions of the Agreement and the separate Equipment Schedule
No. 01 and Addendum to Equipment Schedule No. 1 (the "Addendum "), 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 and
said Equipment Schedule and Addendum and any related Exhibits attached thereto and to
deliver the Agreement, Equipment Schedule and Addendum, 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, Equipment Schedule and Addendum to carry out, give
effect to and consummate the transactions contemplated thereby (including the execution and
delivery of Acceptance Certificates, Payment Requests, any Tax Agreement and Arbitrage
Certificate, and Incumbency Certificate each with respect to the Equipment Schedule, 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 and such Equipment Schedule and
Addendum.
SECTION 3_
The Agreement and such Equipment Schedule and Addendum, are expressly made
subject to sufficient appropriations being made therefore in each fiscal year after 2007. Nothing
contained in this Resolution, the Agreement, and the Equipment Schedule and Addendum 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 or such Equipment Schedule and
Addendum 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 or such
Equipment Schedule and Addendum is intended, nor shall it be construed, to create any
multiple - fiscal year direct or indirect debt or other financial obligation whatsoever 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 and such Equipment
Schedule and Addendum until such time as the City Council shall designate any other or
different authorized representative for purposes of the Agreement, such Equipment Schedule
and Addendum.
SECTION 5_
Pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended (the
"Code "), the City Council hereby designates the Lease as a "qualified tax - exempt obligation" for
purposes of Section 265(b)(3) of the Code.
SECTION 6_
This Resolution shall be effective immediately upon final passage and approval.
INTRODUCED November 12, 2007
BY Randy Thurston
Councilperson
APPROVED: a u & " e - )
#?ESIDEINTof City Council
ATTESTED BY:
CITY CLERK
Qzso. m14
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # (�
DATE: November 12, 2007
DEPARTMENT: CHRISTOPHER P. RILEY, FIRE CHIEF
TITLE
A RESOLUTION APPROVING A MASTER LEASE AGREEMENT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND SUNTRUST
LEASING CORPORATION, APPROVING EQUIPMENT SCHEDULE NO. 01
AND ADDENDUM TO EQUIPMENT SCHEDULE NO. 01 WITH RESPECT
THERETO, AUTHORIZING EXECUTION THEREOF BY THE PRESIDENT OF
THE CITY COUNCIL, AND AUTHORIZING THE EXECUTION AND DELIVERY
OF ALL OTHER DOCUMENTS REQUIRED THEREWITH BY THE CITY
MANAGER, AND AUTHORIZING ALL OTHER ACTION NECESSARY TO THE
CONSUMMATION OF THE TRANSACTION CONTEMPLATED BY THIS
RESOLUTION.
ISSUE
Should the City of Pueblo enter into a lease- purchase agreement for the
acquisition of firefighting equipment?
RECOMMENDATION
Approval of resolution.
BACKGROUND
Bid proposals were received by City Purchasing for the purchase of (1) 1250
GPM 4 -door Fire Triple Combination Pumper and (1) Ladder Truck with
equipment. Proposals have been reviewed and a vendor selected.
FINANCIAL IMPACT
The cost of the equipment and the lease amount will be $1,252,033.86. Payment
schedule is as follows:
1/15/2009
$178,861.98
1/1512011
$178,861.98
1/15/2013
$178,861.98
1/15/2015
$178,861.98
1/15/2010 $178,861.98
1/15/2012 $178,861.98
1/15/2014 $178,861.98
City's obligation under the equipment lease shall be subject to annual
appropriation and renewal by the City Council.