2010-03 Equipment LeasingRESOLUTION NO. 10 -03
SECTION 1.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
OKEECHOBEE, FLORIDA, AUTHORIZING THE LEASE
FINANCING OF CERTAIN EQUIPMENT THROUGH
EXECUTION OF PROPERTY SCHEDULE 2 TO A MASTER
LEASE PURCHASE AGREEMENT WITH KEY
GOVERNMENT FINANCE, INC.; PROVIDING FOR THE
PAYMENT OF THE LEASE PAYMENTS; MAKING CERTAIN
OTHER COVENANTS AND AGREEMENTS IN CONNECTION
THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City that:
Authority for this Resolution. This Resolution is adopted pursuant to the
Constitution and laws of the State of Florida, including particularly Chapter 166, Part
II, Florida Statutes, and other applicable provisions of law (hereinafter collectively
referred to as the "Act
SECTION 2.
Findings. It is hereby ascertained, found, determined and declared by the City of
Okeechobee, Florida, (the "Lessee that:
SECTION 3.
(a) It is necessary, desirable, and in the best interest of the Lessee and
its inhabitants that the Lessee acquire the equipment described in
Exhibit A hereto (the "Equipment and pay for such acquisition
through a lease- purchase financing structure pursuant to a Master
Lease Purchase Agreement (the "Lease- Purchase Agreement
between the Lessee and Key Government Finance, Inc. (the
"Lessor
(b) The Lessee is authorized and empowered by the Act to enter into
transactions such as that contemplated by the Lease Purchase
Agreement and to fully perform its obligations thereunder in order to
acquire the Equipment.
(c) The execution and delivery of the Lease Purchase Agreement by the
Lessee will comply with all of the provisions of the Act.
(d) The Lessee has requested proposals from financial institutions and
has determined that the terms proposed by the Lessor are in the best
interest of the Lessee consistent with the request for proposals issued
for this purpose.
Authorization of Equipment. The lease- financing of the Equipment is hereby
authorized, pursuant to the provisions of a Lease Purchase Agreement which shall
contain terms consistent with the proposal of the Lessor attached hereto as Exhibit
B.
Resolution No. 10 -03 Page 1 of 6
SECTION 4.
Approval of Lease Purchase Agreement. The Lessee hereby authorizes and directs
its Mayor or City Manager to execute and deliver, and the City Clerk of the Lessee
to attest under the seal of the Lessee, a Lease Purchase Agreement, all of the
provisions of which, when executed and delivered by the Lessee as authorized
herein and by the Lessor, shall be deemed to be a part of this Resolution as fully
and to the same extent as if incorporated verbatim herein. The Lease Purchase
Agreement shall be in such form as approved by the Mayor or City Manager, such
approval to be conclusively presumed by the execution thereof. The rent payments
to be paid under the Lease Purchase Agreement and the other terms of the Lease
Purchase Agreement shall be consistent with the proposal of the Lessor attached
hereto as Exhibit B.
SECTION 5.
Designation as Qualified Small Issuer Obligation. The Lessee (including all
subordinate entities which issue tax exempt debt on behalf of the Lessee) does not
reasonably anticipate issuing tax exempt obligations in excess of $30,000,000
during the current calendar year. The Lessee does hereby designate the obligation
to lease the Equipment pursuant to the Lease Purchase Agreement as a qualified
tax exempt obligation under Section 265(b)(3) of the Internal Revenue Code of
1986.
SECTION 6.
Pledge of Lease Proceeds. In order to provide for acquisition of the Equipment, the
Lessor shall pay the proceeds of the Lease to Lessee. The Lessee covenants and
agrees to establish a separate fund in a bank or trust company in the State of
Florida, which is eligible under the laws of such State to receive funds of the
Lessee, to be known as the City of Okeechobee, Florida, Equipment Acquisition
Fund, which shall be used only for the payment of the cost of acquisition of the
Equipment. Moneys in the Equipment Acquisition Fund, until applied in payment
of the cost of Equipment as provided in the Lease, shall be held in trust by the
Lessee and shall be subject to a lien and charge in favor of the Lessor and shall not
be subject to any lien or pledge in favor of any person other than Lessor. Lessee
does hereby irrevocably pledge the Equipment Acquisition Fund to payment of its
obligations under the Lease in accordance with the terms thereof.
SECTION 7.
Further Action. The proper officers of the Lessee are hereby authorized,
empowered and directed to take all such further action and to execute such
additional documents as they deem advisable to carry out the purposes of this
Resolution.
SECTION 8.
Severability of Invalid Provisions. If any one or more of the covenants, agreements
or provisions contained in this Resolution or the Lease Purchase Agreement, or any
other document or agreement hereby authorized shall be held contrary to any
express provision of law, or against public policy, or shall for any reason whatsoever
be held invalid, then such covenants, agreements or provisions shall be null and
void and shall be deemed separable from the remaining covenants, agreements or
provisions and shall in no way affect the validity of any of the other provisions hereof
or of the Lease Purchase Agreement, or any other document or agreement hereby
authorized.
Resolution No. 10 -03 Page 2 of 6
ATTEST:
SECTION 9.
Succession of Officer of Lessee: Performance of Duties. In the event that the office
of any officer of the Lessee mentioned in this Resolution shall be abolished or any
two or more of such offices shall be merged or consolidated, or in the event of a
vacancy in any such office by reason of death, resignation, removal from office or
otherwise, or in the event any such officer shall become incapable of performing the
duties of his /her office by reason of sickness, absence from the Lessee or
otherwise, all powers conferred and all obligations and duties imposed upon such
officer shall be performed by the officer succeeding to the principal functions thereof
or by the officer upon whom such powers, obligations and duties shall be imposed
by law.
SECTION 10.
Benefit of Resolution Limited. Except as herein otherwise expressly provided,
nothing in this Resolution, express or implied, is intended or shall be construed to
confer upon any person, firm or corporation other than the Lessee and the Lessor
(or its assigns) any right, remedy or claim, legal or equitable, under or by reason of
this Resolution or any provision thereof, this Resolution and all its provisions being
intended to be and being for the sole and exclusive benefit of the Lessee and the
Lessor (or its assigns).
SECTION 11.
Successors and Assigns. All the covenants, promises and agreements in this
Resolution contained by or on behalf of the Lessee shall bind and inure to the
benefit of its successors and assigns, whether so expressed or not.
SECTION 12.
Repealing Clause. All resolutions, or parts thereof, or other official actions of the
Lessee in conflict with the provisions herein contained are, to the extent of such
conflict, hereby superseded and repealed.
SECTION 13.
Effective Date. This Resolution shall take effect immediately upon adoption.
INTRODUCED AND ADOPTED in regular session this 19 th day of January. 2010.
Lane'Gamiotea, CMC, City Clerk
REVIEWED' FOR LEGAL SUFFICIENCY:
John R. Co: k, City Attorney
Resolution No. 10 -03 Page 3 of 6
James E. Kirk, Mayor
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
I, Lane Gamiotea, City Clerk of the City of Okeechobee, Florida, do hereby certify
that the above and foregoing is a true and correct copy of a resolution as the same was
duly adopted at a meeting of the City Council held on the 19 day of January, 2010, and
as the same appears on record in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal this 19 day of
January, 2010.
(SEAL)
Resolution No. 10 -03 Page 4 of 6
`i ctu2 IP1LI
Lane Ga iotea, City Clerk
(14) Crown Victorias
(5) Dodge Chargers
RESOLUTION NO. 10 -03 EXHIBIT A
Description of Equipment
Resolution No. 10 -03 Page 5 of 6
RESOLUTION NO. 10 -03 EXHIBIT B
Lessor Proposal
Resolution No. 10 -03 Page 6 of 6
Lane Gamiotea
Page 1 of 1
From: "Brian Whitehall" bwhitehall @cityofokeechobee.com>
To: <ddavis @cityofokeechobee.com <dhagan @cityofokeechobee.com "Councilman Clayton
Williams" <cayton @bergerrealestate.com "Councilman Devin Maxwell"
<okeechobeelawyer @yahoo.com "Councilman Dowling Watford"
dowlingwatford @okeechobeeford.com "Mayor James Kirk" <jamesekirk @comcast.net>
Cc: "'Robin Brock <rbrock @cityofokeechobee.com "'India <iriedel @cityofokeechobee.com "'Lane
<Igamiotea @cityofokeechobee.com>
Sent: Thursday, February 17, 2011 4:05 PM
Attach: Ltr voided PO to Okee Dodge 2011 02 17.pdf
Subject: squad car purchase
Gentlemen-
1 am attaching a copy of a voided purchase order along with a cover letter to Okeechobee
Dodge Chrysler Jeep voiding the City's order w/ them for 6 Dodge Charger squad cars due to
the fact that they simply did not place the order, for whatever reason, through no fault of the
City's, and left the City scrambling to fill the order for 2011 cars. We found 6 cars w/ the
original State bidder, Maroone Dodge in Pembroke Pines at a cost of about $4428 less than the
local bid.
I have spoken to Richard Hunter of Okeechobee Dodge who is happy to know that we were able
to secure the order and have spoken to Atty Cook as to appropriateness of accepting the next
'lowest' bid.
If you have questions, pls do not hesitate to contact me.
Brian Whitehall
Administrator
City of Okeechobee
(863) 763 -3372 ext: 212
fax: (863) 763 -1686
E -Mail: bwhitehalls @cityofokeechobee.com
Website: http: /www.cityofokeechobee.com
NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure.
3/24/2011
Brian Whitehall
City of Okeechobee
February 17, 2011
Richard Hunter
Okeechobee Dodge Chrysler Jeep
4224 Hwy 441 S
Okeechobee FL 349.74
RE: Voiding order for Six (6) 2011 squad cars
Dear Mr. Hunter,
Pursuant to our conversation this afternoon, I am enclosing herewith the voided
Purchase Order #3252 dated 12/8/10 (purch. req. #013479), for the Six (6) 2011 police
package Dodge Chargers, previously approved as a result of bid opening Nov 22, 2010.
While there was a scramble to fill the order, the City is now able to secure the cars
through the State bid process with the dealer Maroone Dodge, Pembroke Pines.
If you have additional questions, please do not hesitate to contact me.
Sincerely,
Brian it all
Admin'trator
ENC
Office of the City Administrator
55 S.E. Third Avenue Okeechobee, Florida 34974 -2932 (863) 763 -3372 Fax: (863) 763 -1686
DATE
2/8/2010
VENDOR NO.
DELIVERY DATE
SHIP VIA BEST WAY
F.O.B. DESTINATION
TERMS
ITEM
NO.
ACCT. NUMBER
QUANTITY
UNIT
DESCRIPTION
UNIT
AMOUNT
1
304-584.6400
tO
6
r
fi
Police Package 6cyl. Dodge
Chargers 2011 Model
t
rt TOTAL
22,712.
5136,272.00
S136,272.00
0KEe
O..- 0
m
L
To:
Okeechobee Dodge
4224 US 441S
Okeechobee, FL 34974
PURCHASE ORDER
CITY OF OKEECHOBEE
55 S.E. THIRD AVENUE
OKEECHOBEE, FLORIDA 34974 -2903
Tel: 863/763 -3372 Fax: 863/763 -1686
THIS ORDER SUBJECT TO CONDITIONS ON FACE. NO
CHANGES MAY BE MADE WITHOUT WRITTEN PERMISSION
OF PROCUREMENT MANAGEMENT.
CITY OF OKEECHOBEE IS EXEMPT FROM FEDERAL EXCISE AND TRANSPORTATION
TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE.
EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUEST
STATE SALES TAX EXEMPTION NO. 04- 00010- 03-57.
FEDERAL I.D. NO. 59-60000-393.
RECEIVINGNRECORD
2
l
PARTIAL
T HIS NUMBER MUST BE SHOWN O
ALL INVOICES, PACKAGES CASES;;
TICKETS AND CORRESPONDENCE:
SHIP TO:
Cit Of Okeechobee Police Dept.
50 SE 2nd Avenue
lQkeechobee, P1. 34974
INVOICE IN DUPLICATE:
F City of Okeechobee
55 SE 3` l Avenue
I Okeechobee, Fl. 34974
I U ORIZ QS, tJ TURE
��G a to 7 P°7
FINAL
3252
1