HomeMy Public PortalAbout2019.09.12 CAT 950M Wheel Loader - FY20Governmental Equipment Lease -Purchase Agreement
Transaction Number 3732698
1. PARTIES
LESSOR {"we'; "us", or "our"): LESSEE ("you" or'your'):
CATERPILLAR FINANCIAL SERVICES CORPORATION CITY OF MCCALL
2120 West End Avenue 216 EAST PARK STREET
Nashville, TN 37203 MCCALL, ID 83638
In reliance on your seleclten of the equipment described below (each a "Unit"), we have agreed to aequfre and leasa the Units to you, subject to the
terms of this Agreement. Until this Agreement has b a e n signed by our duly authorized representative, it will constitute an offer by you to
enter into this Agreament with us on the terms stated herein.
2. DESCRIPTION OF
DESCRIPTION OF UNITSI SEREALNfN
Whether the Unit Is new or used, the Unique ID number for
model number, the manufacturer, this Unit,
and the model name.
(1) New 950M Caterpillar Wheal Loader
ANNUAL I FISCAL LEASE I DELIVERY DATE
LEASE PAY MI=NT PAYMENT Enter date machine was
This Is due per delivered to you
S stated below in section 4.
$34,074.13
Lease Payments; Current Expense You will pay us the lease payments,
including the final lease payment set forth above (collectively, the "Lease
Payments"), provided however, that your obligation to pay Lease Payments
extends only from the effective date of this Agreement until expiration of your
current fiscal year and thereafter if you renew €his Agreement. In the event
you desire to renew this Agreement, you shall specifically appropriate funds
in the budget adopted by you to make the scheduled Lease Payments. Lease
Payments shall be paid by Lessee to Lessor according to the attached
payment schedule; provided that ell amounts owing hereunder shall be due
by the final lease payment date. A portion of each Lease Payment
constitutes interest and the balance of each Lease Payment is payment of
principal. The Lease Payments wl11 be due without demand. You will pay
the Lease Payments to us at Caterpillar Financial Services Corporation; P.O.
Box 100647; Pasadena, CA 91189-0647 or such other iocatfon that we
deslgnate in writing. Your obligations, including your obligation to pay the
Lease Payments due 1n any fiscal year, will constitute a current expense of
yours for such fiscal year and will not con slitute an Indebtedness of yours
within the meaning of the constitution and laws of the Slate of Idaho. Nothing
in this Agreement will constitute a pledge by you of any taxes or other
moneys, other the n. moneys lawfully appropriated from tlme to time for the
payment of the "Payments" (as defined In the last sentence of this Section)
owing under this Agreement. You agree that, except as provided in
Section 7, your dutlea and Itobititles under this Agreement and any
associated documents are absolute and unconditional. Your payment
and performance obligations are not subject to cancelatlon, reduction,
or setoff for any reason. You agree to settle all claims, defenses,
setoffs, counterclaims and other disputes you may have with the
Supplier, tha manufacturer of the Unit, or any other third party directly
wiIli the Supplier, the manufacturer or the third party, as the case may
be. You will not assert, allege or make any such claim, defense, setoff,
counterclaim or other dispute against us or with respect to the
payments due us under €his Agreement. As used to this Agreement,
"Payments" will mean the Lease Paymenis and any clher amounts required
to be paid by you.
The portion of the Lease Payments consil€uting principal will bear interest
(computed on the basis of actual days elapsed in a 360 day year) at the rate
of 3.85% per annum.
$185,000.00 () ffi_--+
4. Late Charges if we do not receive a Payment on the date it is due, you wilt
pay to us, on demand, a late payment charge equal to the lesser of five
percent (6%) of such Payment or the highest charge allowed by law.
5. Security Interest To secure your obligations under tills Agreement, you
grant us a continuing first priority security interest In each Unit (including any
Addillarial Collateral), including all attachments, accessories and optional
fealures (whether or not installed on such Units) and all substitutions,
replacements, additions, and accessions, and the proceeds of all the
foregoing, Ind uding, but not limited to, proceeds in the form of chattel paper.
You authorize the filing of such financing statements and wall, at your
expense, do any act and execute, acknowledge, del lver, file, register and
record any document, which we deem desirable to protect our security
interest In each Unit and our rights and benefits under this Agreement. You,
at your expense, will protect and defend our security Interest in the Units and
will keep the Units free and clear of any and all clalms, liens, encumbrances
and legal processes however and whenever arising.
6. Disclaimer of Warranties WE HAVE NOT MAD AND DO NOT MAKE
ANY WARRANTY, REPRESENTATION OR COVENANT OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE UNITS. AS TO US, YOUR LEASE
AND PURCHASE OF THE UNITS WILL 8E ON AN `AS IS" AND "WHERE
IS" BASIS ANO "WITH ALL FAULTS". Nothing In Ihis Agreemant is
intended to 11mIt, waive, abridge or otherwise modify any rights, claims,
or causes oFaction that you may have against any person or entity
other than us.
7. Non -Appropriation You have an lmme6ate need for, and expect to make
immediate use of, the Units in the ordinary course of your business and
maintenance of property. This need is not temporary or expected to diminish
during the term of this Agreement. To that end, you agree that your budget
for the current fiscal year includes a sufficient amount to permit you to
discharge your obligations under this Agreemeni. You also agree that your
primary business official currently intends, to the extent permitted by law, to
include In your budget For approval by your governing hoard for each
successive fiscal year during the term of this Agreement, a sufticlent amount
to permit you to discharge your obligations under this Agreement. In the
event your governing board fails or refuses to appropriate monies sufficient
to make the Payments due during your next succeeding fiscal year, this
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Agreement will not be renewed for such fiscal year and you shall return to
us, no later than the last day of the last fisoaI year for which appropria[ions
were made for the Payments (the "Return Date"), all of the Units, at your
sole expense, in accordance with Section 14, and this Ag ream ant wlll
terminate on the Return Date without penally or expense to you and you will
not ba obligated to pay the Lease Payments beyond the last fiscal year for
which appropriations were made; provided, that you will pay all Payments
for which moneys have been appropriated or are otherwise avallable; and
provided further, that you will pay month to -month rent al the rate set by us
for each month or part of any month that you fail to return the Units,
8. Tax Warranty You will, at all limes, do and perform all acts and things
necessary and within your control to ensure that the componen! of the Lease
Payments received by us that, for the purposes of Federal income taxation,
Is treated as Inle rest will be excluded from our gross income. You will not
permit or cause your obligations under this Agreement to be guaranteed by
the Federal Government or any branoh or Instrumentality of the Federal
Government. You will use the Units for the purpose of performing one or
more of your governmental functions consistent with the scope of your
authority and not in any trade or business carried on by a person other than
you. You will report this Agreement to the Internal Revenue Service by filing
Form 8038G, 8038GC ar8Q38, as applicable. Failure to do so will cause
this Agreement to lose its tax exempt status. You agree that if the
appropriate form is not filed, or if you are in breach of any other lax warranty
to this paragraph, the interest rate payable under this Agreement will be
raised to the equivalent taxable interest rate. If the use, possession or
acquisition of the Units is determined to be subject to taxation, you wiil pay
when due all taxes and governmental charges assessed or levied against or
with respect to the Units.
9, Assignment You may not, without our prior will [ten consent, by operation of
law or otherwlse, assign, transfer, pledge, hypotheca[a a otherwise dispose
of your right, title and interest in and to this Agreement andlor the Units
andlor grant or assign a security interest In this Agreement and/or the Units,
in whole or in part- We may not transfer, sell, assign, pledge, hypolhecate,
or olharwisa dispose of aur right, tilde and Interest in and to this Agreement
and/or the Units and/or grant or assign a security interest in this Agreement
and/or the Units, In whole or in part.
10. Indemnity To the extent permitted by law, you assume liability for, agree to
and do Indemnify, protect and hold harmless us and our employees, officers,
directors and agents from and against any and a]I liabilities, obligations,
losses, damages, injuries, claims, demands, penalties, actions, costs and
expenses (including reasonable attorney's fees), of whatsoever kind and
nature, arising out of the use, condition (including, but not limited to, latent
and other defects and whether or not discoverable by you or us), operation,
ownership, selection, delivery, storage, leasing or return of any item of Units,
regardless of where, how and by whom operated, or any failure on your part
to accept the Units or otherwise to perform or comply with any conditions of
this Agreement.
Insurance; Loss and Damage You bear the entire risk of loss, theft,
destruction or damage to the Units from any cause whatsoever. No loss,
theft, destrucl[on or damage of the Units will relieve you of the obligation to
make Lease Payments or to perform any obligation owing under this
Agreement. You agree to keep the UnIts Insured to protect all of aur
Interests, at your expense, for such risks, in such amounts, in such forms
and with such companies as we may require, including but not limited to fire
and extended coverage insurance, explosion and collision coverage, and
personal liability and property damage liability Insurance. Any insurance
Policies relating to lass or damage to the Units will name us as toss payee as
aur interests may appear and the proceeds may be applied toward the
replacement or repair of the Units or the satisfaction of the Payments due
under this Agreement. You agree to use, operate and mai nlain the Units in
accordance with all laws, regulations and ordinances and in accordance with
the provision of any poll cles of insurance covering the Units, and will not rent
the Units or permit time Units to be used by anyone other than you. You
agree to keep the Unils in good repalr, working order and condl[ion and
house the Units in suitable shatter, and to permit us or our assigns to Inspect
the Units at any time and to otherwise protect our interests In the Units, If
any Unit is customarily covered by a maintenance agreement, you will furnish
us with a maintenanee agreement by a party acceptable to us"
12. Default; Remedies An "Event of Default" will occur if (a) you fail to pay any
Payment when due and such failure continues for ten (10) days after the due
date for such Payment or (b) you fail to perform or observe any other
covenant, condition, or agreement to be performed or observed by you under
this Agreement and such (ailuro Is not cured within twenty (20) days after
written notice of such failure from us. Upon an Event of Default, we will have
all rights and remedies available under applicable law. In addition, we may
declare all Lease Payments due or to become due during the Fiscal year in
which the Event of Default occurs to be immediately due and payable by you
andlor we may repossess the Units by giving you written notice to deliver the
Units to us in the manner provided in Section 14, or in the event you fail to do
so within ten (10) days after receipt of such notice, and subject to all
applicable laws, we may enter upon your premises and take possession of
the Units. Further, if we financed your obligations under any extended
warranty agreement such as an Equipment Protection Plan, Extended
Service Contract, Extended Warranty, Customer Service Agreement, Total
Maintenance and Repair Agreement or similar agreement, we may cancel
such extended warranty agreement on your behalf and receive the refund of
the extended warranty agreement fees that we financed but had not received
from you as of the date of the Event of Default.
11 Miscellaneous This Agreement may not be modified, amended, altered or
changed except by a wrilten agreement signed by you and us. In the event
any provision of this Agreement is found invalid or unenforceable, the
remaining provisions will remain In full forts and effecL This Agreement,
together with exhibits, constitutes the entire agreement between you and us
and supersedes all prior and contemporaneous writings, understandings,
agreements, solicitations, documents and representations, expressed or
Implied. Any terms and conditions of any purchase order or other documents
submitted by you in connection with this Agreement which are In addition to
or inconsistent with the terms and conditions of this Agreement will not be
binding on us and will not apply to this Agreement. You agree that we may
correct patent errors In this Agreement and fill In blanks including, for
example, correcting or III ling in serial numbers, VIN numbers, and dates. Any
notices required to be given under th€s Agreement will be given to the parties
in writing and by certified mail at the address provided in this Agreernant, or
to such other addresses as each party may substitute by notice to the other,
which notice will be effective upon its receipt,
14. Title; Return of Units Legal title to the Units is vested in us. Upon the
payment of all amounts due hereunder, legal title to the Units will pass to you
without the necessity of further action by the parties, and we wl[I have no
further interest in the Units, If we are entitled to obtain possession of any
Units or if you are obligated at any time to return any Units, then you wilt, al
your expense, promptly deliver the Unit to us properly protected and In the
condition required by Section 11. You will deliver the Unit, at our option, (t) to
the nearest Caterpillar dealer selling equipment of the same type as the Unit;
or (ii) on board a onrrier named by us and shipping the Unit, freight cc] Iecl, to
a destination designated by us. If the Unit is net in the condition required by
Section 11, you must pay us, on demand, all costs and expenses incurred by
us to bring the Unit into the required condition. Until the Units are returned
as required above, all terms of this Agreemenlwill remain in full force and
effect including, without limitation, your obi lga[Ion to pay Lease Payments
and to insure the Units.
1s, Other Documents In con neclion with the execulion of this Agreamenl, you
will cause to be delivered to us (€) either (A) a cerlifiad copy of your
authorizing resolution substanlially In the form attached as Attachment 8 and
a copy of the minutes of the relevant meeting or (B) an opin[an of your
counsel substantially in the form attached as Attachment C; (tt) a Verification
of Insurance substantially In the form attached to this Agreement; (iii) a copy
of the signed Form filad with the Internal Revenue Service required in
Section 8 above as Attachment Q and (iv) any other documents or items
required by us.
16. Applicable Law This Agreement will be governed by the laws, excluding
the laws relating to the choice of law, of lha State of Idaho.
LESSOR CATERPILLAR FINANCIAI SERVICES CORPORATION LESSEE CITY OF MCCALL
AD
Signature signature
(print) Qhman_n Shing �Weir Name (print) la
Documentation Manager
Title Title
Date Date
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Non -Appropriation Addendum
Lessee/Renter/Customer: City of Purchase -Lease Agreement
McCall, Idaho Dated:
Lessor: Caterpillar Financial Services Lease, rental or contract
Corporation application#:3732698
This Non -Appropriation Addendum (this "Addendum") is made by and between
the above -referenced lessee, renter or other customer ("City") and the above -referenced
lessor ("Lessor").
Introduction: City and Lessor are simultaneously herewith entering into the
above -referenced lease, rental, or other agreement (the "Lease"); and City and Lessor
wish to modify and/or supplement the terms of the Lease, as more particularly set forth
herein below. This Addendum shall be effective as of the same date as the Lease (the
"Effective Date").
9. Incorporation and Effect. This Addendum is hereby made a part of, and
incorporated into, the Lease as though fully set forth therein. As modified or
supplemented by the terms set forth herein, the provisions of the Lease shall remain in
full force and effect, provided that, in the event of a conflict between any provision of this
Addendum and any provision of the Lease, the provision of this Addendum shall control.
In entering into this Addendum, it is the intent of City and Lessor to conform the terms
and conditions of the Lease to the requirements of all applicable federal, state and local
laws, rules and regulations relating to governmental entities and public finance. If any
term or condition of this Addendum is unenforceable or unlawful, then such provision
shall be deemed null and void without invalidating the remaining provisions of the Lease.
2. Definitions. Capitalized terms herein that are not otherwise specifically
defined herein shall have the same meanings as set forth in the Lease. As used in this
Addendum, the following terms shall have the following -described meanings:
"Goods" shall have the same meaning as the term "Equipment," "Leased
Equipment," "Goods" or "Property" (or a similar term) as defined and used in
the Lease.
3. Non -Appropriation of Funds. City hereby represents, warrants and
covenants to Lessor that. (a) City intends, subject only to the provisions of this Section
3, to remit to Lessor all sums due and to become due under the Lease for the full multi-
year term thereof; (b) City's governing body has appropriated sufficient funds to pay all
Non -Appropriation Addendum -- Western States Lease 93732698 Page] of 5
amounts due to Lessor during City's current fiscal period; (c) City reasonably believes
that legally available funds in an amount sufficient to make all such payments for the full
multi-year term can be obtained; and (d) City intends to do all things lawfully within its
power to obtain and maintain funds from which all such payments to become due during
the full multi-year term of the Lease, including making provision for such payments to the
extent necessary in each budget or appropriation request submitted and adopted in
accordance with applicable law. Notwithstanding the foregoing, the decision whether or
not to budget and appropriate funds is within the discretion of City's governing body. In
the event City's governing body fails to appropriate sufficient funds to make all payments
and pay other amounts due and to become due during City's future fiscal periods, City
may terminate the Lease as of the last day of the fiscal period for which appropriations
were received (an "Event of Non -appropriation"). City agrees to deliver notice of an Event
of Non -appropriation to Lessor at least 30 days prior to the end of City's then -current
fiscal period, or if an Event of Non -appropriation has not occurred by that date, promptly
upon the occurrence of any such Event of Non -appropriation and to return the Goods
pursuant to the return requirements stated in the Lease on or before the effective date of
termination. City and Lessor understand and intend that City's obligation to make
payments and pay other amounts due under the Lease shall constitute a current expense
and shall not in any way be construed to be a debt, obligation, or liability in contravention
of any applicable constitutional or statutory limitations or requirements concerning City's
creation of indebtedness, nor shaft anything contained herein constitute a pledge of City's
general tax revenues, funds or monies.
4. Additional Representations, Warranties and Covenants of City. In
addition to the other representations, warranties and covenants made by City as set forth
in the Lease, City hereby represents, warrants and covenants to Lessor that: (a) City has
the power and authority under applicable law to enter into the Lease and this Addendum
and the transactions contemplated herein and therein and to perform all of its obligations
hereunder and thereunder, (b) City has duly authorized the execution and delivery of the
Lease and this Addendum by appropriate official action of its governing body and has
obtained such other authorizations, consents and/or approvals as are necessary to
consummate the Lease and this Addendum, (c) all legal and other requirements have
been met, and procedures have occurred, to render the Lease and this Addendum
enforceable against City in accordance with their terms, and City has complied with such
public bidding requirements as may be applicable to the Lease and this Addendum and
the transactions contemplated herein and therein, (d) upon Lessor's request, City will
provide Lessor with a copy of City's current financial statements within 150 days after the
end of each fiscal period, and (e) during the term of the Lease, unless and until the Lease
is terminated in accordance with Section 3 above, City shall provide to Lessor, no later
than 10 days prior to the end of each fiscal period, with current budgets or other proof of
Non -Appropriation Addendum — Western States Lease #3732698 Page 2 of 5
appropriation for the ensuing fiscal period, and such other financial information relating
to City's ability to continue the Lease, as Lessor may request.
5. Indemnification. To the extent City is or may be obligated to indemnify,
defend or hold Lessor harmless under the terms of the Lease, any such indemnification
obligation shall arise only to the extent permitted by applicable law and shall be limited
solely to sums lawfully appropriated for such purpose in accordance with Section 3 above.
6. Remedies. To the extent Lessor's remedies for a City default under the
Lease include any right to accelerate amounts to become due under the Lease, such
acceleration shall be limited to amounts to become due during City's then current fiscal
period. In the event that City is obligated to return the Goods to Lessor, the same shall
be done at City expense so long as the destination is not more than 100 miles distant
from the City of McCall, Idaho; otherwise, Lessor shall pay the expense of transportation
to the destination designated by Lessor. After an Event of Non -appropriation, so long as
the lease payment for the then current fiscal year has been paid, upon delivery of the
Goods in the manner prescribed and so long as the Goods shall be in the same condition
as when received by City (ordinary wear and tear excepted) and is in good operating
order and maintenance as required in the Lease, City's obligation to Lessor shall be
deemed satisfied. To the extent that the Lease contains a limitation of remedies clause
restricting remedies available to the City, such limitation shall be subject to Article 8,
Section 4, of the Idaho Constitution.
7. Tax warranties. Notwithstanding anything in the Lease to the contrary,
City makes no warranties regarding whether any portion of the lease payments are
interest or that the interest is exempt from taxation because of City's governmental status.
City will and does warrant that it is a municipal corporation organized under the laws of
the state of Idaho, and will complete any IRS or other tax agency forms that Lessor directs
so long as the information sought and factual representations to be made on the forms
can be made accurately within the format of the forms. City reserves the right to include
any explanation of data that City deems necessary to avoid misrepresenting any facts on
said forms. A determination by any taxing authority that the lease payments, or any part
of the lease payments, are includable in Lessor's gross income shall not constitute a
default under the Lease and will not result in any increase in amounts payable under the
lease.
8. Accessions and attachments. Notwithstanding anything in the Lease to
the contrary, any accessions or attachments made to the Goods by the City are not part
of the Goods, and are not part of the Lease unless the accessions or attachments are
provided by Lessor or Lessor's affiliate and are part of the description of the Goods
contained in the lease, or, are bona fide replacements of original equipment integral to
Non -Appropriation Addendum -- Western States Lease 43732698 Page 3 of
the Goods at the time of delivery to the City. At termination of the Lease, before the
Goods are returned to Lessor, City will remove any accessions or attachments it has
affixed to the Goods and will repair any damage to the Goods occasioned by the removal
of the same.
9. Preservation of right of offset. Notwithstanding anything in the Lease to
the contrary, City retains the right to offset against amounts due under the Lease any
defense, claim, setoff, or counterclaim or other right, existing or future, which City may
have against the Lessor, or the entity that supplied the Goods.
10. insurance. Notwithstanding anything in the Lease to the contrary, Lessor
shall not be City's attorney in fact in any way or for any reason including but not limited
to insurance. City shall not be obligated to assign any insurance policies, titles, rights or
benefits to Lessor. The City shall name the Lessor as a loss payee on the insurance
coverage for the leased personal property. City shall have no obligation to add the Lessor
as an additional named insured because the City's insurer prohibits such addition.
11. Opinion letter by Counsel for City. The opinion letter, if any, required by
Lessor from counsel for the City shall only require that counsel opine on: 1 ) whether the
City is duly organized and legally existing as a political subdivision under the Constitution
and laws of the state of Idaho; 2) whether the Lease has been duly authorized, executed
and delivered by the City and, subject to any applicable bankruptcy, insolvency,
moratorium, or other limitations found in Idaho law, is enforceable against City in
accordance with its terms; 3) whether there is any litigation pending or, within counsel's
best knowledge, threatened which seeks to restrain, enjoin, or in any other way
challenges the authority of City to enter into the Lease or make an appropriation for
payment of an annual lease payment; and 4) whether the Lease has been authorized,
approved, and executed in accordance with all applicable open meeting, public records,
and public bidding laws. No further opinions shall be required unless Lessor is willing to
fully and adequately compensate counsel for the additional requested opinions and the
liability thereby assumed.
12. Governing Law and Forum. Notwithstanding anything in the Lease to the
contrary, the Lease and this Addendum shall be governed by, construed and enforced in
accordance with the laws of the state of Idaho, and any proceedings related to the lease
will be adjudicated in state or federal court in Idaho.
13. Miscellaneous. This Addendum, togetherwith the provisions of the Lease
not expressly inconsistent herewith, constitutes the entire agreement between the parties
with respect to the matters addressed herein, and shall supersede all prior oral or written
negotiations, understandings and commitments. This Addendum may be executed in any
Non -Appropriation Addendum — Western States Lease 93732698 Page 4 of 5
number of counterparts, each of which shall be deemed to be an original, but all of which
together shaft be deemed to constitute one and the same agreement. A facsimile or other
copy of this Addendum with facsimile or copied signatures shall have the full force and
effect of the original for all purposes, including the rules of evidence applicable to court
proceedings.
IN WITNESS WHEREOF, the Lessor (31 d Le see do execute this Lease
Addendum on this day of f ) jjj201!` I
Lessee;
City of McCall, Idaho
By
Jackie Aymon,,'May
Attest:
u1t14 -t e
BessieJo Wagner, City C
Lessor:
Caterpillar Financial Services Corporation
Name/Title
Chiann Shing Weir
Documentation Manager
Non -Appropriation Addendum — Western States Lease #3732698 Page 5 of 5
Additional Terms and Conditions P",
Transaction Number 3732698 LPdFinancial
1. The lessee named on the front hereof (the "Lessee") has selected the Unit(s), instructed Cat Financial to purchase the Unit(s) from
Vendor, and agreed to lease the Unit(s) from Cat Financial.
2, Cat Financial (or its assignee) wiii have no obligation hereunder (and any sums previously paid by Cat Financial to Vendor with
respect to the Unit(s) shall be promptly refunded to Cat Financial) unless (a) all of the conditions set forth in Section 1.3 (if a master
lease agreement) or Section 1 (if a non master lease agreement) of the lease with the Lessee covering the Unft(s) have been timely
fulfilled and (b) the Lessee has not communicated to Cat Financial (or its assignee), prior to "Delivery" (as hereinafter defined) of
the Unit(s), an intent not to (ease the Unit(s) from Cat Financial. All conditions specified in this paragraph shall be deemed timely
fulfilled unless prior to Delivery of the Unit(s), Cat Financial (or its assignee) shall notify Vendor to the contrary in writing, which shall
include fax or email. "Delivery" shall mean the later of the time (a) Cat Financial executes this Purchase Agreement or (b) the
Lessee or its agent takes control and/or physical possession of the Unit(s).
3. Upon timely satisfaction of the conditions specified in Paragraph 2 above, ownership, title and risk of loss to the Unit(s) shall
transfer to Cat Financial (or its assignee) upon Delivery of the Unit(s).
4. Vendor warrants that (a) upon Delivery of the Unit(s), Cat Financial (or its assignee) will be the owner of and have absolute title to
the Unit(s) free and clear of all claims, liens, security interests and encumbrances and the description of the Unit(s) set forth herein
is correct and (b) the Unit Transaction Price set forth on the front hereof for each unit of Unit(s) leased under a lease is equal to
such Unit(s)'s fair market value.
5. Vendor shall forever warrant and defend the sale of the Unit(s) to Cat Financial (or Its assignee), its successors and assigns,
against any person claiming an interest In the Unit(s).
6. Provided that no event of default exists under any agreement between Lessee and Cat Financial and upon timely satisfaction of the
conditions specified in Paragraph 2 above, and unless otherwise agreed to in this Purchase Agreement, Cat Financial (or its
assignee) shall pay Vendor the total Purchase Price set forth on the front hereof for the Unit(s) within three business days following
(a) the receipt and approval by Cat Financial of all documentation deemed necessary by Cat Financial in connection with the lease
transaction and (b) all credit conditions have been satisfied.
7. Vendor shall deliver the Unit(s) to the Lessee at the delivery point set forth on the front hereof.
8. This Purchase Agreement may be assigned by Cat Financial to a third party. Vendor hereby consents to any such assignment.
9. This Purchase Agreement shall become effective only upon execution by Cat Financial.
F—PAM*yib
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Attachment D - Payment Schedule
Transaction Number 3732698
9. PARTIES
MAT®
Financial
LLS50R (vve); LESSEE (you):
CATERPILLAR FINANCIAL SERVICES GORPORATfON CITY OF MCCALL
�. PAYMENT SCFIEDULE
Payment Pates
LESSOR
CATERPILLAR FINANCIAL SERVICES
CORPORATION
Signature
Name (print)
Chiann Shing Weir
acumen a ion managel
Title
Elate
+ �r
Payment Numbers
9-5
FINAL PAYMENT OF
Payment Amours e
$34,074.13
$185,000.00
LESSEE CITY OF MCCALL
{ s
Signature !
Name {printfAqw-fq
Title _.__....._....__
Date � .i J j q
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DocuSlgo Envelope 10: 6FO90BE3-77D7a41BA-8ACE•6EF5A18AA24A
YIRN
STAEti W �1TE9
October 15, 2019
City of McCall
216 E Park Street
McCall, ID 83638
Dear Valued Customer,
Please accept this letter as a guarantee for purchase of your Caterpillar Model 950M Serial Number
J l SO 1961. 'Phis guarantee is made in conjunction with the Governmental Failsafe Warranty. We agree to
purchase this unit from you at the end of the five years for the amount of $185,000 based on a maximum of
3,000 S.M.U.'s. If the time period or service meter unit limits are exceeded the above machine will be
appraised to determine a new value.
Lessee agrees that each Unit, upon its return, shall:
1. Be in sound mechanical condition and to be in good working order under full load,
2. Have the same attachments and piece pans as when delivered.
3, a. Have tires in safe and operable condition with a minimum of (40%) of wear
remaining tread life and all of the same style (no recaps) -
0 R
ecaps)_aR
b. Have a minimum of forty percent (40%) life remaining on all undercarriage
components including track shoes, links, pins and bushings, idlers, bogies, sprockets, carrier
rollers, track rollers,
4. Have no cracked or broken glass;
5. Have no missing sheet metal and any damage to sheet metal;
6. Have no structural damage to frame,
7. Have me[ the full requirement of the warranty procedures, including scheduled oil sampling at the
prescribed intervals.
8. Have no damage or modification to machine BOPS (roll over protection structure) per Caterpillar
guidelines, repair or replacement of RAPS will be billed at time of return.
We require thirty (3 0) days written notice if you choose to exercise this guarantee and transfer title of the
above-described equipment to Western States Equipment Company.
If you have any questions or if we may be of further assistance, please call.
It is understood that under this agreement that the "terms of return" wilt be met and/or brought into
compliance before this re -purchase agreement will be fully executed. items that are out of compliance will
be repaired and billed to
Sincerely,
x�
Vice President, Finance
br•
N.t.S
Dy &k4FM3 WM.
Used Equipment Manager
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Verification of Insurance Financial
LESSOR (we): LESSEE (you).
CATERPILLAR FINANCIAL SERVICES COPPOPAT[ON CITY OF MCCALL
2120 West End Avenue 216 EAST PARK STREET
Nashville, TN 37203-0001 MCCALL, IR 83638
ect: Insurance Coverage Requirements
The above-named Lessor and Lessee have entered into Governmental Equipment Lease -Purchase Agreement Transaction
Number 3732658 (the "Agreement"). In accordance with the Agreement, Lessee has instructed the insurance agent named below:
Company: r dna 0v-1
Address:toed I Q
r
Phone No: __d� r'[ 59 - I (a 77_
Agent's Name:,1 V 1�]t. + V1 KA
to issue:
a. All Risk Physical Damage Insurance on the Equipment (as defined in the Agreement) evidenced by a Certificate of Insurance and
Long Form Loss Payable Clause naming the Lessor and/or its Assignee, as loss payee.
The Coverage Required: the aggregate purchase price for the Equipment.
b. Public Liability Insurance evidenced by a Gertificate of Insurance, naming the Lessor and/or its Assignee as Additional Insured,
with a minimum of $1,000,000 per occurrence is required.
2. Proof of insurance coverage will be provided to Lessor or its Assignee prior to the time the Equipment is delivered to Lessee.
Model # Equipment Description Serial # VIN # Value Including Tax
7, 950M Caterpillar Wheel Loader $335,956.00
LESSEE
CITY OF MCCALL
1 ! _—
Signature
Name (print) }�
Title )
Date
Fate. GUNS 63VIJW N9 0392w YMu
11196,E[ ISI
CERTIFICATE OF INSURANCE
Issue Date: 1/17/2020
Ma t fpr P lic Entity:
rI filo rl
This certif cats is issued as a matter of information only and confers no rights upon the
The Hartwell Corporation
certificate holder. This certificate does not affirmatively or negatively amend, extend or alter
1220 Cleveland
the coverage afforded by the policy below. This certificate of insurance does not constitute
Caldwell, ID 83606
a contract between the issuing insurer, agent and the certificate holder.
I18R I CGa��
PROGRAM AFFORDING COVERAGE:
216 East Park Street
Idaho Counties Risk Management Program, Underwriters
McCall, ID 83638
This certifies coverages listed below are issued to the above insuring pool participant for the Ime period indicated, notwithstanding any requirement, term or
condition of any contract or other document with respect to which this certificate may be issued or may pertain the insurance afforded by the policies described
herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims.
Policy Number Effective Date Expiration Date Property Deductible
(Exceptfloodlquake)
39A02115100119 1/17/2020 10/1/2020 $1,000
Section # Type of Insurance Covera a Form Limits
V
PROPERTY INSURANCE
1, Buildings, Structures and Property
As Reported in Schedule of Values
--Occurrence
2. AutomobiletMobile Equipment Physical Damage
up to $100,000,000 per occurrence.
General Aggregate
$200,000,000
VI
MACHINERY BREAKDOWN
1.Property Damage
Each Occurrence
Varies Per Item
--Occurrence
2. Expediting Expenses
Each Occurrence
$2,500,000
3. Business Income and Extra Expense
Each Occurrence
$1,000,000
4. Spoilage Damage
Each Occurrence
$1,000,000
5. Service Interruption
Each Occurrence
$2,500,000
6. Newly Acquired Premises
Each Occurrence
$5,000,000
7, Ordinance or Law
Each Occurrence
$5,000,000
8. Errors and Omissions
Each Occurrence
$10,000,000
General Aggregate
$100,000,000
VII
CRIME INSURANCE
1, Employee Dishonesty
Each Occurrence
$500,000
(PUBLIC OFFICIALS'
2, Loss inside Premises
SURETY-IN-LIEU)
3. Loss Outside Premises
For Claims Pursuant
Other Covered
Title 6,Ch.9, ID Code
Liability Claims
VIII
AUTOMOBILE LIABILITY
1. Automobile Liability
Each Accident
$500,000
$3,000,000
—Occurrence
2. Automobile Medical Payments
Each Person
$5,000
$5,000
Each Accident
$100,000
$100,000
3. Uninsured/Underinsured Motorists
Each Person
$100,000
$100,000
Each Accident
$300,000
$300,000
IX
GENERAL LIABILITY
1. General Liability
Each
$500,000
—Occurrence
Occurrence
$3,000,000
X
LAW ENFORCEMENT
1. Law Enforcement Liability
Each
$500,000
LIABILITY—Occurrence
Occurrence
$� 000
XI
ERRORSIOMISSIONS--
1. Errors & Omissions
Each Claim
$500,000
Claims Made
$3,000,000
XII
EMPLOYEE BENEFITS--
1. Employee Benefits Liability
Each Claim
$500,000
$3,000,000
Claims Made
XIII
EMPLOYMENT
1, E=mployment Practices Liability
Each Claim
$500,000
PRACTICES- Claims Made
$3,000,000
XIV
SEXUAL MOLESTATION-
1, Sexual Molestation Liability
Each Claim
$500,000
$3,000,000
Claims Made
Descri tion of O erationslLocationsNehiclesJRestrictionsf5 ecial Items or Notes:
L�aterpijlar Wheel Loader 950M JTSUTU6T__
Declared value; $335,955.00
As respects for the above described item. The certificate holder is Loss Payee as their interest may appear,
ertifica W lder:
aterplar Services Corporation
Cancellation: Should any of the above described policies be cancelled before the expiration
inancial
date thereof, notice will be delivered in accordance with the policy provisions.
2120 West End Avenue
Authorized Representative: Saszdy Moate
Nashville, TN 37203
ICRMP ... mote Man juet LgAurance
SHERY HARMON
MEMBER SERVICES
Certificate holder
RE: ICRMP Member - Certificate Request
I am summarizing ICRMP's position regarding additional insured language on our certificates of
insurance.
As outlined, the member referenced above is a governmental entity within the State of Idaho.
Idaho Code § 6-923 allows for political subdivisions to purchase insurance for "themselves and
their employees." This is also specifically prohibited by the Idaho Constitution Article VIII,
Section 4:
No county, city, town, township, board of education, or school district, or other
subdivision, shall lend, or pledge the credit or faith thereof directly or indirectly,
in any manner, to, or in aid of any individual, association or corporation, for any
amount or for any purpose whatever, or become responsible for any debt,
contract or liability of any individual, association or corporation in or out of this
state.
Governmental entities do not have the lawful authority to purchase insurance on behalf of any
individual, association or corporation.
Even though we cannot use the terminology of "additional insured", we can provide you with a
Certificate of Insurance, which shows that there is insurance on the property and that we will
accept a tender of your defense if you are named party to a lawsuit solely because of your
relationship with this member and not as a result of your own conduct.
I hope this information will better explain who we are, who our member is and why we cannot
supply you with the words "additional insured" on your certificate of insurance. Please let me
know as soon as possible that this situation has been resolved in the favor of our member.
Sincerely,
Shery Harmon
Shery Harmon
Underwriting Specialist
Idaho Counties Risk Management Program, Underwriters * 3100 Vista Avenue, Suite 300 * Boise, Idaho
83705 * P 0 Box 15249 * Boise, Idaho 83715
Phone (208) 336-3100 * Fax (208) 336-2100
City of McCall
RESOLUTION NO. 19-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF McCALL, VALLEY COUNTY,
STATE OF IDAHO, PROVIDING FOR FINDINGS AND PURPOSES; AUTHORIZING THE
MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, A "GOVERNMENTAL
EQUIPMENT LEASE -PURCHASE AGREEMENT' AND A "NON -APPROPRIATION
ADDENDUM" BETWEEN THE CITY OF McCALL AND CATERPILLAR FINANCIAL
SERVICES CORPORATION, AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED by the City Council of the City of McCall:
WHEREAS, the City of McCall is authorized and has the power to lease personal property as
provided for in Idaho Code Section 50-301; and
WHEREAS, it is in the best interests of the City of McCall to enter into a lease with Caterpillar
Financial Services Corporation, a Tennessee corporation, denoted as "GOVERNMENTAL
EQUIPMENT LEASE -PURCHASE AGREEMENT' and "NON -APPROPRIATION
ADDENDUM", for the reasons and authority for which are as set forth in the two Agreements.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as
follows:
Section 1. Findings
The City Council of the City of McCall finds:
1.1 The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of
McCall, that certain Agreement with Caterpillar Financial Services Corporation, entitled
"GOVERNMENTAL EQUIPMENT LEASE -PURCHASE AGREEMENT" and "NON -
APPROPRIATION ADDENDUM", and to bind this City to its terms and conditions.
1.2 That the terms of the leases substantially inform are just and equitable, and said leases are
hereby approved.
1.3 The City of McCall Clerk is directed to file this Resolution forthwith in the official records
of this City of McCall.
1.4 This resolution shall be in full force and effect from the date of its passage.
Resolution 19-16 Caterpillar Financial Services Corporation Agreements — 950M Loader Page l of 2
September 12, 2019
PASSED by the City Council of the City of McCall this 121" day of September 2019.
Signed:;-,-
Jackie J. man, ayor
ATTEST:
I certify that the above resolution was duly adopted by the City Council of the City of McCall on
September 12, 2019 by the following vote: Ayes: 4
Noes: 0
Absent: I
rt
By
BessieJo`° agner, City; Jerk .SEr�'
w AL
pyo ❑
Page 2 of 2
Resolution 19-16 Caterpillar Financial Services Corporaliozi Agreements — 950M Loader
September 12, 2019
CAT
Meeting Minutes Financial
WESTERN STATES EQUIPMENT CO.
500 E. OVERLAND ROAD
P.D. BOX 38
BOISE ID 83707-0038
CITY OF MCCALL
We are requesting a copy of the minutes of the appropriation meeting during which the funds for this deal were
allocated.
A copy of this information is necessary to complete the documentation package and to fund the deal. Your ability to
return a complete package will ensure timely payment to you.
Thank you for your assistance,
CATERPILLAR FINANCIAL SERVICES CORPORATION
DOCUMENTATION DEPARTMENT
Fmnhe LS([WS L]'Jf391 �9ULS0192,32 Fit Ci
MINUTES
McCall City Council
Regular Meeting
McCall City Hall -- Legion Hall
September 12, 2019
Call to Order and Roll Call
Pledge of Allegiance
Approve the Agenda
Consent Agenda
Chamber/Department Reports
Public Comment
Business Agenda
Adjournment
I CALX, TO ORDER AND ROLL CALL I
Mayor Aymon called the regular meeting of the McCall City Council to order at 5:34 p.m.
Mayor Aymon, Council Member Giles, Council Member Holmes, Council Member Nielsen,
and Council Member Sowers all answered roll call.
City staff members present were Anette Spickard, City Manager; Bill Nichols, City Attorney;
BessieJo Wagner, City Clerk; Erin Greaves, Communications Manager; Linda Stokes, City
Treasurer; Michelle Groenevelt, Community Development Director; Kurt Wolf, Parks and
Recreation Director; Richard. Stein, Airport Manager; Eric McCormick, Golf Course
Superintendent; Meg Lojek, Library Director; Chris Curtin, Information Systems Manager; Justin
Williams, Police Chief, Nathan Stewart, Public Works Director; Cris Malvich, Streets
Superintendent
Also present were Vonna Torey, McCall Area Chamber of Commerce; Regan Berkley, Idaho
Department of Fish & Game; Richard (Y.T.) Rehberg and John Lillehaug (Chair), Tree Advisory
Committee
Mayor Aymon led the audience in the Pledge of Allegiance.
I APPROVE THE AGENDA
Council Member Holmes moved to approve the agenda as submitted. Council Member Giles
seconded the motion. In a voice vote all members voted aye and the motion carried.
MCCALL CITY COUNCIL Page I of 11
September 12, 2019 Regular Meeting
CONSENT AGENDA
Staff recommended approval of the following ACTION ITEMS. All matters which are listed
within the consent section of the agenda have been distributed to each member of the McCall City
Council for reading and study. Items listed are considered routine by the Council and were enacted
with one motion.
1. Payroll Report for period ending August 23, 2019
2. Clerk License Report
3. Warrant Register — GL
4. Warrant Register-- Vendor
5. Accept the Following COMMITTEE MINUTES
a. Historic Preservation Commission — 2019 -- August 7
b. Library Board of Trustees — 2019 — July 18
c. Parks & Recreation Advisory Committee — 2019 — June 18
d. Planning and Zoning Commission — 2019 — July 9
e. Tree Advisory Committee — 2019 — May 7
G. AB 19-190 Request to Approve MCPAWS FY20 Annual Contract: Each year the City
of McCall contracts with MCPAWS Regional Animal Shelter for pound and animal shelter
service. MCPAWS will provide to the City the following: Care and boarding for animals
brought to the shelter by members of the McCall Police Department, animals found within
McCall city limits and brought to the shelter by private citizens, and animals surrendered
by residents living within McCall city limits; 24-hour access to the facility for drop off by
the McCall Police Department; Collection of fees for impounded animals, fees to be
retained by MCPAWS. Fees to be set by MCPAWS; Quarantine of vicious animals,
animals suspected of biting, or animals being held in a pending court case; Quarterly
reports will be provided to the McCall City Clerk of activity to include the number of
animals impounded and data relating to the actual location the animal was found, number
of days boarded, etc. The contract has been reviewed by the City Attorney and MCPAWS
Executive Director Amber Kostoff. Motion: Approve the Agreement for Services for FY20
with MCPAWS Regional Animal Shelter and authorize the Mayor to sign all necessary
documents.
7. AB 19-19I Request to Approve Treasure Valley _Transit (TVT) FY20 Annual
Agreement Request: This is the annual contract for services with Treasure Valley Transit
(TVT) for fiscal year 2020. TVT will provide to the City the following: Free public
transportation to the general public within the City seven (7) days per week from 7 AM
until 7 PM Mountain Standard Time on the route established within Appendix 1 to this
agreement. TVT is not required to provide transportation services on Thanksgiving Day or
Christmas Day; Free transportation to the general public who request a pickup or drop-off
within 3/4 of a mile from the route established at Appendix 1; Free transportation to anybody
along the designated route who flags the bus for pickup in a location where it is safe to stop
and accommodate the passenger pickup; A commuter Express Route connecting McCall
to Lake Fork, Donnelly, and Cascade; An online website with access to route maps
outlining transportation services provided by TVT within McCall; Not later than June 1,
2020, an annual report outlining the number of riders/passengers who utilized TVT
MCCALL CITY COUNCIL Page 2 of 11
September 12, 2019 Regular Meeting
transportation within the previous year from May 31, 2018 through May 31, 2019, together
with financial statements for TVT consisting at a minimum of the prior year end annual
Balance Sheet and Profit and Loss statements as well as the current year to date Balance
Sheet and Profit and Loss statements. The McCall TVT Contract that has been reviewed
by both the City Attorney and TVT. Motion: Approve the request of the Treasure Valley
Transit (TVT) Annual Agreement for FY20 and authorize the Mayor to sign all necessary
documents.
Council Member Giles moved to approve the Consent Agenda as submitted. Council
Member Holmes seconded the motion. In a roll call vote Council Member Giles, Council
Member Holmes, Mayor Aymon, Council Member Nielsen, and Council Member Sowers all
voted aye and the motion carried.
DEPARTMENT REPORTS
Chamber of Commerce
Vonna Torey presented information about the McCall Area Chamber of Commerce. She gave an
overview of the winter magazine soon to come out, spoke to the efforts to promote events in the
shoulder season, gave an update on the West Central Mountains Leadership Academy recruitment
and the Economic Summit of which few tickets are still available.
City Manager
City Manager Anette Spickard gave a brief update on the city attorney selection process,
downtown sidewalk project and library expansion, the JWAG meeting, the Idaho Transportation
Department street tour, coffee/tour with McCall Community Center, 2020 census, and bike path
survey.
Ai��
Airport Manager Rick Stein gave an overview of his department report touching on the airport
development, airport master plan schedule, taxiway relocation and improvement program
closeouts, Pioneer Hangar historical designation, and the pocket parks. The Council asked for a
map of the development areas and asked questions.
City_Clerk
City Clerk BessieJo Wagner reported on the Local Option Tax funds and distribution, the staff
move, permits given year to date, and candidacy flings. Mayor Ayrnon asked for the number of
short-term rental business licenses given to be added to the department report.
Community Development
Community and Economic Development Director Michelle Groenevelt briefly went over local
housing, the code update, Urban Renewal, GIS and building permit activity, and the community
outreach efforts.
Golf Course
Golf Course Superintendent Eric McCormick reported the last tournament for the season is done,
turf seeding efforts have been started, staffing is down due to some leaving, and the course will be
MCC4LL CITYCOUNCIL Page 3 of I I
September 12, 2019 Regular Meeting
open until the end of October. He stated revenue is less than last year but has been steady, the new
equipment is working great, and reported the restaurant has been struggling with staffing issues
and has been reworking the open hours to accommodate.
Information Systems
Information Systems Manager Chris Curtin reported on the fiber installation, video/audio
improvements for the Council chambers, Docusign contract has been executed and training will
commence, State of Idaho Broadband Task Force, and gave an update on the City Process
Evaluation (CPE).
Library
Library Director Meg Lojek reported on staff openings, the program activities, the Next Chapter
Campaign event, the World Caf6 Library Design event at Cafe 6 Three 4, and shared the "second
chance" event for those who missed the first design meeting has been scheduled for Wednesday,
September 25 from 1-3 pm at the library. She gave an update on the grants and answered questions.
Parks & Recreation
Parks and Recreation Director Kurt Wolf gave an update on the recreation programs and reported
the numbers were up in all the programs this year, and shared feedback on the new programs rolled
out this summer. He reported the Movie by the Lake events were well attended. He gave a brief
overview of the staffing issues and projects, the noxious weed program efforts, and the coordinated
partnership efforts with Idaho Fish & Game.
Police
Police Chief Justin Williams gave an update on staff training and recruitment, and the E -Ticket
equipment installation. He answered questions about reports of homeless people and what efforts
were taken to address the issue.
Public Works
Public Works Director Nathan Stewart gave brief overview of the development engineering
reviews on numerous projects, reported the Downtown Core Phase 1B is behind schedule but
Phase 2A is back on schedule and the alley way should be completed in October. He and Parks &
Recreation Director Kurt Wolf answered questions about tree removal on Park and First Street
stating the sick trees or any heavily impacted by the construction will be removed but the goal is
to preserve most of the trees especially around the church. Director Stewart gave an update on the
Public Works Facility master plan development schedule, shared the costs for the Mission Street
reconstruction should be finalized soon, and briefly touched on the SH-55/Deinhard-Boydstun
corridor study and tour. He reported on the Streets projects and maintenance in process and
answered questions.
PUBLIC COMMENT
Mayer Aymon called for public comment at 6:29 p.m.
Hearing no comments, Mayor Aymon closed the comment period.
AICCALL CITY COUNCIL
September 12, 2019 Regular Meeting
Page 4of11
BUSINESS AGENDA
AB 19-195 Wildlife in the City Update by Idaho Fish and Game
Regan Berkley, Region Wildlife Manager at the McCall office of Idaho Department of Fish and
Game (IDFG) presented an update on wildlife activity within McCall and public outreach efforts
to educate the public on issues related to wildlife in the City. She reported McCall has a healthy,
large deer herd within the town that has more than tripled over the last 20 years. Fawns have a
high survival rate which contributes to the ever-growing herd. Most injured deer reports are from
vehicles collisions, entanglements, and occasionally, being shot. Another large animal population
is foxes and bears. McCall is in the middle of excellent bear habitat and the biggest problems with
bears are garbage and aggression behavior.
The reason for the large animal population in the city is primarily from people feeding them and
improperly stored garbage. From a biological perspective, feeding does more damage than good.
For the deur population, they can get lice because they spend too much time in close proximity of
each other which is not a natural habitation of deer. It causes hair loss and then death by
hypothermia. A dead deer was found in Cascade this last winter that had this louse. Mange is
another problem which causes hair loss and death by hyperthermia and can be transmitted to dogs.
Also, having deer in town attracts predators such as mountain lions. Mountain lions will not
discriminate between deer and other animals, such as pets. Other hazards for deer are vehicle
collisions (which has caused a significant number of 3 -legged deer), soccer nets, hammocks,
plastic bottles stuck over the face, and metal rings over the feet. IDFG spends a lot of time
responding to injury calls. Deer can be aggressive as well. A doe with fawns will attack to protect
her young, and bucks can be aggressive in the ,fall during mating season. IDFG has received calls
of deer attacking dogs and people.
IDFG has a state-wide Wildlife Human Attack Response Team and McCall is high on the State
list to be on the watch for aggressive bears. This year is a high call year. A bear will check out the
trash cans several times before moving on so proper use of the trash cans is imperative. The
problem with bears in close proximity of humans is they lose their wariness and becomes bolder
and more aggressive. This last week, a bear tore up a vehicle, another tried to get into a house in
Old Meadows, and on Rio Vista a woman found a bear at 3 a.m. on her kitchen table eating freshly
baked banana bread. With both the cases in Meadows and Rio Vista, the IDFG felt the bears were
a danger and had to euthanized them. This is a last option IDFG wants to do in game management,
but bears are very difficult to relocate because there is no place far enough away from a
campground or town where it will not be a nuisance to the new location and thus, euthanizing them
is option left.
To summarize, Valley County is not the natural wintering area for mule deer due to snow and the
animals should be migrating to lower climes, but the deer have learned there are places where they
can feed. When there is a high population of foxes, an outbreak of mange will kill them out when
winter hits, and it takes awhile for the fox population to build back up. McCall has the highest
number of nuisance calls of bears in the State and IDFG has serious concerns for the potential of
human injury here. There has been a strong effort to educate the local community but have
difficulty getting information to the vacation rentals.
MCCALL CITYCOUNCIL Page 5 of 11
September 12, 2019 Regular Meeting
Council Member Nielson asked about the bear proof trash cans. Ms. Berkley stated that in the
beginning when an ordinance is made about using the bear proof cans, people are more diligent
but as time passes, they get lax and tamper with the latches because it is a little more difficult to
open. Tampering with the latches makes the can less bear proof and enforcement is difficult. Also,
leaving the can out for days prior to pick up will attract the bears in. Police Chief Justin Williams
spoke to the City creating an ordinance to make it illegal to feed the wildlife, and the problems
with people not using the trash can correctly, overstuffing, or putting them out to early. Ms.
Berkley said she would share information that the cities of Vale and Missoula have done to address
the wildlife issue. When IDFG receives a complaint, they will investigate the area/neighborhood
of the call and then work with the local police for enforcement but with the amount of calls in
McCall, it is difficult to investigate each call.
AB 19-193 Tree Committee Annual Accomplishment Report for FY19
John Lillehaug, Chair and Y.T. Rehberg presented the Tree Committee Annual Accomplishment
Report for FYI 9. The Tree Committee is responsible for the location, selection, and identification
of any trees, which qualify as a landmark tree or stand, of identifying and inventorying street trees,
of reviewing development proposals that may affect landscaping and provide comment to the
Planning and Zoning Commission and City Council. Members serve rotating three-year terms.
Mr. Rehberg shared the highlights of the last year including awards received, school demonstration
for Arbor Day, numerous articles posted about infestations in Star News, and fielding calls and
questions from the community.
AB 19-199 Request to Approve Tree Advisory Committee „Member Appointment
Parks and Recreation Director Kurt Wolf presented the Tree Advisory Committee Member
appointment. The Tree Advisory Committee is responsible for the location, selection, and
identification of any trees, which qualify as a landmark tree or stand, of identifying and
inventorying street trees, of reviewing development proposals that may affect landscaping and
provide comment to the Planning and Zoning Commission and City Council.
An ad was placed in Star News and ran for two weeks requesting letters of interest for the open
position on the Tree Advisory Committee due to expired terms. Randy Acker, the current holder
of the seat, has expressed interest in remaining on the committee and submitted a letter. After two
weeks, no other letters of interest were received. The Tree Committee requests that the Council
reappoint Randy Acker to a three year term.
Council Member Giles moved to approve the reappointment of Randy Acker to a three year
term to the Tree Advisory Committee. Council Member Nielsen seconded the motion. In a
voice vote all members voted aye and the motion carried.
AB 19-197 Request to Adopt Resolution 19-15 to Surplus Property -- Police Handheld Radios
and Accessories
Police Chief Justin Williams presented Resolution 19-15 to surplus property of police handheld
radios and accessories. Idaho Code §67-5732A allows the conveyance of surplus personal property
to other state and local agencies. Annually City staff identifies several items as surplus property.
The Police Chief has determined the (14) Motorola XTS 2500,(7) HT 75011HT 1250, and (1) GE
MCCALL CITYCOUNCI.L Page 6 of 11
September JZ 2019 Regular Meeting
M -RK handheld UHF radios including mics and charges for a total of 22 items that are obsolete
due to age, are no longer of use to the City, and have no resale value. The City does not have the
ability to wipe the data from the device making the radios unable to be surplused on the auction
website. Proforce Law Enforcement is willing to wipe the data and to take the items for credit for
new product. The Police Chief would like to trade the radios to Proforce Law Enforcement for a
$827.00 credit to go against the purchase of Taser 7 Conductive Ruggedized targets and P26X
cartridges. The Police Chief has determined it is in the best interest of the Police Department to
trade the radios to the nationally known distributor that possesses the equipment to repurpose
rather than destroy them.
Council Member Nielsen moved to adopt Resolution 19-15 declaring the 22 Motorola radios
and accessories as surplus, authorizing the trade of 22 Motorola radios and accessories to
Proforce Law Enforcement for credit, and authorize the Mayor to sign an necessary
documents. Council Member Holmes seconded the motion. In a roll call vote Council
Member Nielsen, Council Member Holmes, Mayor Aymon, Council Member- Giles, and
Council Member Sowers all voted aye and the motion carried.
AB 19-200 Downtown Sidewalk Maintenance Program Implementation Dations Discussion
City Manager Anette Spickard presented the Downtown Sidewalk Maintenance Program
implementation options. Based upon Council feedback from the August 23 special work session,
staff has developed options to pay for the startup of a downtown sidewalk maintenance program
to provide summer and winter maintenance services. Council's feedback was to stay focused on
providing the service in the downtown core only; start the program this winter; bring back options
for funding the program; continue to look at long-term funding options to sustain the program in
future years.
The total Year One cost for the program is approximately $224,000 broken down as:
• $59,000 new equipment purchase
• $44,000 annual materials & supplies expense
• $85,000 annual personnel expense for Parks
• $36,000 annual personnel expense for Public Works
The options for financing the Year One cost of the program out of the City budget are:
■ Use General Fund reserve and Street Fund reserve balances
• Reduce Capital Improvement Plan allocations to certain projects
• Reduce amount allocated for Future Pathways Maintenance
• Reduce amount allocated to Reserves for Future Projects
The options for financing future years of the program are:
• Using Property Tax revenue growth within the normal budget process
■ Appropriating Foregone Property Taxes
• Allocating Local Option Tax revenues
• Establishing a Fee -for -Service
Staff answered questions about the funding options and staffing. Mayor Aymon believes that
multiple funding sources will need to be used. Council Member Nielsen mentioned a Business
Improvement District and stated he is not a fan of using the fund balance. There was a brief
MCC4LL CITY COUNCIL Page 7 of 71
September 12, 2019 Regular Meeting
discussion around the relocation of the Parks department. Staff clarified questions regarding the
fund balance, CIP, and remaining funds in the LOT Streets. Council Member Holmes wanted to
know if the expenses will be closely monitored for the actual moving of the snow. Staff clarified
yes it will be. Once data is acquired it would be beneficial when approaching the businesses for
funding. Council Member Giles likes what is presented and thought staff should at a future date
look at possible funding to include a fee for service but overall feels it is a good plan. Council
Member Sowers asked if the equipment is being shared with other departments such as the Golf
Course, could those department share in the funding as well. Staff stated on a small extent, those
departments are but one of the issues the Parks department is striving to address is staffing and
would like to offer more hours during the winter to keep established staff and this program will
help with that. When asked, multiple City staff expressed they are on board with implementing
this program.
Council Member Nielsen would like to have a future funding discussion. If approved, staff will
come back with some options and priority pathways to provide a clear picture of how it is deployed.
Staff expressed their thoughts on the need and implementation of the program. Council Member
Nielsen is concerned once the City provides the service for free, it will be very difficult to get
businesses to pay in. Council Member Giles stated is too late to implement a fee this year and feels
when the businesses see the value they would pay. Council Member Holmes has heard, that with
accurate data, businesses would be willing to pay. Having a trial year will allow the City to
accumulate real time costs and formulate a true cost -based fee and identify unseen challenges.
After some discussion, the Council was in favor of moving forward.
Council Member Giles moved to direct staff to implement the Downtown Sidewalk
Maintenance Program effective October 1, 2419. Council Member Holmes seconded the
motion. In a roll call vote Council Member Giles, Council Member Holmes, Mayor Aymon,
Council Member Nielsen, and Council Member Sowers all voted aye and the motion carried.
Council Mem b er Giles left the meeting 7:56 p.m.
AB 19-241 Request to Approve the RMT Equipment Contract for the purchase of a Ventrac
4500 Tractor with attachments for the Downtown Sidewalk Maintenance
Program
Parks and Recreation Director Kurt Wolf presented the RMT Equipment Contract for the purchase
of a Ventrac 4500 Tractor with attachments for the Downtown Sidewalk Maintenance Program.
The equipment is a necessary investment to successfully execute and operate the proposed
program. The Parks Department purchased this same piece of equipment in 2017 following
significant research and multiple demo sessions. Since then, it has proven extremely universal
year-round for both sidewalk maintenance and day to day operations such as mowing, turf
cultivation, and construction. Based on the increased maintenance demand of the proposed
downtown sidewalk program, a second tractor is needed to perform the work.
Rocky Mountain Equipment Company has placed the order to hold but not commit the equipment
including additional attachments to ensure delivery prior to the winter snow season. The contract
will authorize RMT Equipment to commit for purchase when funds are available in FY20 for a
mid to late November delivery.
MCC4L.L CITY COUNCIL Page 8 of 11
=September 12, 2019 Regular Meeting
Council Member Sowers moved to approve the RMT Equipment contract for the purchase
a Ventrac 4500 Tractor with attachments, and authorize the Mayor to sign all necessary
documents. Council Member Nielsen seconded the motion. In a roll call vote Council
Member Sowers, Council Member Nielsen, Mayor Aymon, and Council Member Holmes all
voted aye and the motion carried.
AD 19-202 Request to Adopt Resolution 19.17 for Governmental Equipment Lease -Purchase
Agreement and a Non -Appropriation Addendum with Western States for a CAT
Skidsteer 262D3 Loader
Parks and Recreation Director Kurt Wolf presented Resolution 19-17 for Governmental
Equipment Lease -Purchase Agreement and a Non -Appropriation Addendum with Western States
for a CAT Skidsteer 262D3 Loader as a necessary component to execute the FY20 Downtown
Sidewalk Maintenance Program. Western States has established a joint cooperative purchasing
agreement that defines 2019 pricing for this equipment which is available to all non-profit entities
and will be a five-year annual lease.
Resolution 19-17 allows the City to enter into a multi-year lease and includes a "Non -
Appropriation" provision. Legal counsel has reviewed this agreement and supporting documents
and confirmed the City can participates in this agreement (and resulting pricing). Upon receipt of
the signed quote, Western States will authorize the order and delivery of the equipment to ensure
availability.
Council Member Holmes moved to adopt Resolution 19-17 authorizing the Mayor to enter
into, on behalf of the City of McCall, a `Governmental Equipment Lease -Purchase
Agreement" and a "Non -Appropriation Addendum" with Western States for a CAT
Skidsteer 262D3 Loader for a 5 -year lease and authorize the Mayor to sign all necessary
documents. Council Member Sowers seconded the motion. In a roll call vote Council
Member Holmes, Council Member Sowers, Mayor Aymon, and Council Member Nielsen all
voted aye, and the motion carried.
AB 19-196 Request to Adopt Resolution 19-14 for Governmental Equipment Lease -Purchase
Agreement and a Non -Appropriation Addendum with Western States for a CAT
305E2 Track Excavator Lease
Parks and Recreation Director Kurt Wolf presented Resolution 19-14 for Governmental
Equipment Lease -Purchase Agreement and a Non -Appropriation Addendum with Western States
for a CAT 305E2 Track Excavator Lease. The Parks Department was budgeted for the lease of a
Mini Excavator which was funded through the Local Option Tax (LOT). In an effort to ensure this
equipment is available for fall construction at the start of the FY20 budget year, staff is requesting
the following approvals in conjunction with the leased equipment tied to the downtown sidewalk
maintenance program. Western States has established a joint cooperative purchasing agreement
which defines 2019 pricing for this equipment that is available to all non-profit entities.
Resolution 19-14 allows the City to enter into a multi-year lease that includes a "Non -
Appropriation" provision. Legal counsel has reviewed this agreement and supporting documents
and confirmed the City can participates in this agreement (and resulting pricing). Upon receipt of
MCC4LL CITY COUNCIL Page 9 of 11
September 12, 2019 Regular Meeting
the signed quote, Western States will authorize the order and delivery of the equipment to ensure
availability.
Council Member Sowers moved to adopt Resolution 19-14 authorizing the Mayor to enter
into, on behalf of the City of McCall, a "Governmental Equipment Lease -Purchase
Agreement" and a "Non -Appropriation Addendum" with Western States for a CAT 305E2
Track Excavator for a 5 -year lease and authorize the Mayor to sign all necessary documents.
Council Member Nielsen seconded the motion. In a roll call vote Council Member Sowers,
Council Member Nielsen, Mayor Aymon, and Council Member Holmes all voted aye, and
the motion carried.
AB 19-198 Re nest to Adopt Resolution 19-16 for Governmental Equipment Lease -Purchase
Agreement and a Non -Appropriation Addendum with Western States for a CAT
950 Loader
Public Works Director Nathan Stewart presented Resolution 19.16 for Governmental Equipment
Lease -Purchase Agreement and a Nom -Appropriation Addendum with Western States for a CAT
950 Loader. Per the FY20 approved budget, Streets has been working Western States and
Caterpillar Financial Services to establish a 5 -year lease for one (1) Caterpillar M950 loader to be
use for the upcoming snow removal season. The prepared lease documents for FY20 — FY24
include all necessary provisions including: non -appropriations and a buy-back certification
indicating that Western States will purchase the equipment at the end of the lease period. The
annual lease payment accounts for a $25,000 trade in credit for a 20 -year old, City owned loader
that is no longer operational. The new, leased loader will include a wing attachment and snow gate
blade allowing the operator to use the snow gate while also having functionality to widen roadside
berms using the wing. This new technology will allow the City to offer better service to the
community.
Resolution 19-16 allows the City to enter into a multi-year lease that includes a "Non -
Appropriation" provision. All contracts/agreements are being reviewed by legal counsel prior to
securing signatures. Procurement of this loader takes advantage of the Joint Purchasing Agreement
Sorcewell (formerly NJPA), which provides an 18% discount (off list pricing) for CAT loaders
and alleviates the need to conduct formal bidding while still conforming with Idaho code.
Council Member Sowers moved to adopt Resolution 19-16 authorizing the Mayor to enter
into, on behalf of the City of McCaIl, a "Governmental Equipment Lease -Purchase
Agreement" and a "Non -Appropriation Addendum" with Western States for a CAT M950
Loader for a 5 -year lease and authorize the Mayor to sign all necessary documents. Council
Member Holmes seconded the motion. In a roll call vote Council Member Sowers, Council
Member Holmes, Mayor Aymon, and Council Member Nielsen all voted aye, and the motion
carried.
AB_ 19-192 Reguest the Approval of a Service and Maintenance Agreement with TeleMessage
for Text Archiving
City Clerk BessieJo Wagner presented the service and maintenance agreement with TeleMessage
for text archiving. The Idaho Public Records law identifies a public record as:
MCC4LL CITY COUNCIL Page 10 of 11
September 12, 2019 Regular Meeting
"Public record" includes, but is not limited to, any writing containing information relating to the
conduct or administration of the public's business prepared, owned, used or retained by any state
agency, independent public body corporate and politic or local agency regardless of physical form
or characteristics.
Text Messages are considered a record and should be kept according to the state retention, which
states that temporary records shall be retained for not less than two (2) years. With technology
advancing quicker than retention codes, text messages have not been archived as the City did not
have a mechanism in place to be able to archive such messages. Now with more than 30 devices
being used throughout the organization it is time to look at ways to archive texts.
The TeIeMessage Mobile Archiver effectively addresses compliance, regulatory, eDiscovery
response requirements and reduces risk across a variety of industries. TeleMessage captures
mobile content, including SMS, MMS, Calls and Chats from corporate or BYDD mobile phones.
Messages are securely and reliably retained within TeleMessage servers or forwarded to an
archiving data storage vendor of your choice. TeleMessage is integrated with mobile carrier
networks to get a copy of messages and calls directly from the operator network side and archive
them.
Council Member Holmes moved to approve a Service and Maintenance Agreement with
TeleMessage for Text Archiving and authorize the Mayor to sign all necessary documents.
Council Member Nielsen seconded the motion. In a roll call vote Council Member Holmes,
Council Member Nielsen, Mayor Aymon, and Council Member Sowers all voted aye, and the
motion carried.
U corrin Meetin s Schedule Discussion
Council discussed upcoming meetings.
ADJOURNMENT
Without further business, Mayor Aymon adjourned the meeting at 8:17 p.m.
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MCCALL CITY COUNCIL Page 11 of II
September 12, 2019 Regular Meeting
Attachment B
Transaction Number 3732698
PAT9
Financial
WHEREAS, the laws of the State of Idaho (the "State") authorize CITY OF MCCALL (the "Governmental Entity"), a duly organized political
subdivision, municipal corporation or similar public entity of the State, to purchase, acquire and lease personal property for the benefit of the
Governmental Entity and its Inhabitants and td enter into any necessary contracts; and
the Governmental Entity wants to lease, purchase and/or finance equipment ("Ecuipmenl"} from Caterpillar Financial Services Corporation
andfor an authorized Caterpillar dealer ("CatpLaIllar') by entering into that certain Governmental Equipment Lease -Purchase Agreement (the
'Agreement') with Caterpillar; and
the form of the Agreement has been presented to the governing body of the Governmental Entity at this meeting.
RESOLVED,ihat: (I) the Agreement, including all schedules and exhibits attached to the Agreement, is approved in substantially the form
presented at the meeting, with any Approved Changes (as defined below), (ii) the Governmental Entity enter into the Agreement with Caterpillar
and (Iii) the Agreement is adopted as a binding obligation of the Governmental Entity; and
that changes may later be made to the Agreement if the changes are approved by the Governmental Entity's counsel or members of the governing
body of the Governmental Entity signing the Agreement (the "Approved Changes") and that the signing of the Agreement and any related
documents is conclusive evidence of the approval of the changes; and
that the persons listed below, who are the incumbent officers of the Governmental Entity (the "Authorized Persons"):
Name (Print or Type)
Title (Print or Type)
be, and each is, authorized, directed and empowered, on behalf of the Governmental Entity, to (I) sign and deliver to Caterpillar, and its successors
and assigns, the Agreement and any related documents, and (11) take or cause to be taken all actions he/she deems necessary or advisable to
acquire the Equipment, including the signing and delivery of the Agreement and related documents; and
that the Secretary/Clerk of the Governmental Entity is authorized to attest to these resolutions and affix the seal of the Governmental Entity to the
Agreement, these resolutions, and any related documents; and
that nothing in these resolutions, the Agreement or any other document imposes a pecuniary liability or charge upon the general credit of the
Governmental Entity or against Its taxing power, except to the extent that the payments payable under the Agreement are special limited_
obligations of the Governmental Enti€y as provided in the Agreement; and
that a breach of these resolutions, the Agreement or any related document will not impose any pecuniary liability upon the Governmental Entity or
any charge upon its general credit or against its taxing power, except to the extent that the payments payable under the Agreement are special
limited obligations of the Governmental Entity as provided in the Agreement; and
that the authodly gran Led by these resolutions will apply equally and with the same effect to the successors In office of the Authorized Persons.
1, of CITY OF MCCALL, certify that the resolutions above are a
full, true and correct copy of resolutions of the governing body of the Governmental Entity. I also certify that the resolutions were duly and regularly
passed and adopted at a meeting of the governing body of the Governmental Entity. 1 also certify that such meeting was duly and regularly called and
held In all respects as required by law, at the Governmental Entity's office. I also certify that at such meeting, a majority of the governing body of the
Governmental Entity was present and voted in favor of these resolutions.
I also certify that these resolu[ions are still in full force and effect and have not been amended or revoked,
IN WITNESS of these resalutions, the officer named below executes this document on behalf of the Governmental Entity.
Signature:
Title:
Date:
See nex+
�n 00"Un---I.7:3�PM L1
1111MMM11III
Purchase Agreement eff'
Transaction Number 3732698 Financial
This Purchase Agreement is between WESTERN STATES EQUIPMENT CO. ("Vendor'") and Caterpillar Financial Services
Corporation ("Cat Financial"). Vendor agrees to sell to Cat Financial and Cat Financial agrees to buy from Vendor the equipment
described below (the "Unit(s)"), subject to the terms and conditions set forth below and on the reverse side hereof.
Description of Unit(s) Serial # VIN # Freight Total Price
(1) 950M New Caterpillar Wheel Loader $0.00 $310,956.00
Lessee: Subtotal $310,956.00
CITY OF MCCALL Federal Excise Tax 0.00
216 EAST PARK STREET Other Tax 0.00
MCCALL ID 83638 Total Purchase Price $310,956.00
Unit(s) Delivery Point:
M E PARR STREET
MCCALL, lD 83638, VALLEY
See next page for additional terms and conditions.
SIGNATURES
CATERPILLAR FINANCIAL SERVICES CORPORATION
Signature
NamejPrint}
Documentation Manager
Title
Date
WESTERN STAT E UIP ENT CO. f
Signature
Name(Print)
Title V %'
P ��
Date
F.. W PF00MM ]']i Pm Ci
1111Mail III
PATO
Additional Terms and Conditions VAWA
Transaction Number 3732898 Financial
1. The lessee named on the front hereof (the "Lessee") has selected the Unit(s), instructed Cat Financial to purchase the Unit(s) From
Vendor, and agreed to lease the Unit(s) from Cat Financial.
2. Cat Financial (or its assignee) will have no obligation hereunder (and any sums previously paid by Cat Financial to Vendor with
respect to the Unit(s) shall be promptly refunded to Cat Financial) unless (a) all of the conditions set forth in Section 1.3 (if a master
lease agreement) or Section 1 (if a non master lease agreement) of the lease with the Lessee covering the Unit(s) have been timely
fulfilled and (b) the Lessee has not communicated to Cat Financial (or its assignee), prior to "Delivery" (as hereinafter defined) of
the Unit(s), an intent not to lease the Unit(s) from Cat Financial. All conditions specified in this paragraph shall be deemed timely
fulfilled unless prior to Delivery of the Unit(s), Cat Financial (or its assignee) shall notify Vendor to the contrary in writing, which shall
include fax or email. "Delivery" shall mean the later of the time (a) Cat Financial executes this Purchase Agreement or (b) the
Lessee or its agent takes control and/or physical possession of the Unit(s).
3. Upon timely satisfaction of the conditions specified in Paragraph 2 above, ownership, title and risk of loss to the Unit(s} shall
transfer to Cat Financial (or its assignee) upon Delivery of the Unit(s).
4. Vendor warrants that (a) upon Delivery of the Unit(s), Cat Financial (or its assignee) will be the owner of and have absolute title to
the Unit(s) free and clear of all claims, liens, security interests and encumbrances and the description of the Unit(s) set forth herein
is correct and (b) the Unit Transaction Price set forth on the front hereof for each unit of Unit(s) leased under a lease is equal to
such Unit(s)'s fair market value.
5. Vendor shall forever warrant and defend the sale of the Unit(s) to Cat Financial (or its assignee), its successors and assigns,
against any person claiming an interest in the Unit(s).
fi. Provided that no event of default exists under any agreement between Lessee and Cat Financial and upon timely satisfaction of the
conditions specified in Paragraph 2 above, and unless otherwise agreed to in this Purchase Agreement, Cat Financial (or its
assignee) shall pay Vendor the total Purchase Price set forth on the front hereof for the Unit(s) within three business days following
(a) the receipt and approval by Cat Financial of all documentation deemed necessary by Cat Financial in connection with the lease
transaction and (b) all credit conditions have been satisfied.
7. Vendor shall deliver the Unit(s) to the Lessee at the delivery point set forth on the front hereof.
8. This Purchase Agreement may be assigned by Cat Financial to a third party. Vendor hereby consents to any such assignment.
9. This Purchase Agreement shall become effective only upon execution by Cat Financial.
Fum Ne PA OSTO 6] 3W 09P1YlD192.32 PM Ci
Explanation of Content
Transaction Number 3732698
UFT`
Financial
Thank you for selecting Caterplllar products and for allowing Caterpillar Financial Services Corporation to serve your financing needs.
Included in this document package are all of the forms that will be needed for standard tax exempt lease purchase transactions. The forms have been
designed to be clear, concise and user friendly. We have also provided a brief explanation of the purpose of each form. if you wish to discuss any of
the forms or have any questions about any aspect of this transaction, we encourage you to contact your Caterpillar Dealer or Caterpillar Flnanclal
Services Corporation at 1-866-263-3799 Option # 5.
A. Governmental Equipment Lease -Purchase Agreement. The Governmental Lease -Purchase Agreement contains the terms that
govern each transaction between us. It is the standard Caterplilar Financial Services Corporation tax exempt lease -purchase agreement, and provides
that we will lease to you the equipment described therein pursuant to a full payout amortization schedule. A new Governmental Equipment
Lease -Purchase Agreement will have to be signed in connection with each transaction,
B. Lessees Authorizing Resolution. The Authorizing Resolution is evidence you have taken the necessary governing body actions to
approve the Governmental Equipment. Lease -Purchase Agreement, Although the authorizing Instrument is often a resolution, It may also take other
forms such as an ordinance. We are agreeable to using your customary or standard form provided it contains specific approval for the lease -purchase
agreement, designates persons who are authorized to sign on your behalf and either approves the document forms or delegates this authority to a
named official
C. Verff!cation of Insurance. The Certificate of Insurance is intended to supply information regarding the insurance coverage for the equipment
being lease -purchased. You will need to supply the requested information to us so we can verify coverage.
D. Opinion of Counsel. An opinion of counsel is required in connection with each GovemmenlaI Equipment Lease -Purchase Agreement. The
opinion is Inlendad to confirm that you have complied with ail open meeting laws, publication and notice requirements, procedural rules for governing
body meetings, and any other relevant slate or local government statutes, ordinances, rules or regulations. We would be unable to confirm compliance
with these laws and regulations ourselves absent Fong delays and higher costs so we rely upon the opinion of your attorney since helshe may have been
involved in the process to approve our transaction and is an expert in the laws and regulations to which you are subject. The opinion also confirms that
you are an entity eligible to issue tax-exempt obligations and that the Governmental Equipment Lease -Purchase Agreement will be treated as
tax-exempt as it is your obligation to ensure that you have complied with relevant tax law.
E. Form of 8038G or GC, Form 8038 is required by the Internal Revenue Service in order to monitor the amount of tax-exempt obligations
issued. You have to execute a Form 8038 for each Governmental Equipment Lease -Purchase Agreement. Whether a Form 8038 G or GC is required
depends on the original principal amount of the Governmental Equipment Lease -Purchase Agreement. If the original principal amount Is less than
$100,000 Form 8038GC is filed with the IRS. If the original principal amount Is $100,000 or more Form 8038G is filed with the IRS. Choose the
appropriate 8038 form and complete according to IRS guidelines. Contact your TM or Sales Support Representative for assistance.
IRS Form 5038G
tslp*llwww,lrs, ggy2nubli rs - pd f1f80 38g;p d f
iRS Form 8036GC
h ilp:llwww. i rs.00vlpublirs-odfli80 38 gc. od f
This Explanation of Contents Is prepared as an accommodation to the parties named herein. it Is intended as an example of some of the documents Ihat
Caterpillar Financial Services Corporation, in its reasonable judgment, may require and is not intended to constitute legal advice. Please engage and
use your own legal counsel. We understand that the laws of the various states are different so nothing herein shall be construed as a warranty or
representation that the documents fisted herein are the only documents that may be required in any particular transaction or that any particular
transaction, if documented in accordance with this Explanation of Contents, will be a valid, binding and enforceable obligation enforceable against the
parties named herein in accordance with the terms of the documents named herein.
M
F.. 1: o. 11Pa[M'OV 630M MM19 2:32PM OF
For, 80384 Information Return for Tax -Exempt Governmental Obligations
(Rev. September 2011) 0- Under Internal Revenue Code section 149(e) OMB No. 1545-0720
■ see separate instructions.
Internal ev n the Treasury Caution: If the issue rice is under $104, 000, use Farm 8038 -GC.
Internal Revenue Service P
Issuer's name
of McCall
3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions)
4 Number and street (or P.O. box if mail is not delivered to street address)
216 East Park Street
If Amended Return, check here ■ [
2 Issuer's employer identification number (EIN)
82-6000223
3b Telephone number of other persnn shown an 3a
Room/sults 1 5 Report number (For IRS
6 City, town, or post office, state, and ZIP code 7 Date of issue
McCall, 1D 83638
n Name of issue r9CCUSIP
10a Name and title of officer or other employee of the issuer whom the IRS may call for more Information (see
instructions)
Only)
13
10b Telephone number of officer or other
empioyee shown on I Da
11
12
13
14
15
16
17
18
19
Type of fssue tenter t e issue price). See the instructions and attach schedule.
Education . . . . . . . . . . .11
Health and hospital . . . . . . . . . . .
Transportation . . . . . . . . . . . . . . . . . . . . . . . . . .
Public safety . . . . . . . . . . . . . . . . . . . . . . . . . .
Environment (including sewage bonds) . . . . . . . . . . . . . .
Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . .
utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other. Describe ■
check
If obligations are TANS or RANs, only box 19a . . . . . . . . . .
If obligations are BANS, check only box 19b . . . . . . . . . . . . . . . .
If obligations are in the form of a lease or installment sale, check box . . . . . . . .
. .
.
. .
■ ❑
10. r720
Ill
M Stated redemption
12
13
14
15
16
17
18
for
(a) Final maturity date
{b} Issue price
M Stated redemption
(d) Weighted
(e) Yield
price at maturity
average maturity
21
0912024
$ 310,955.00
185,000
5 ears
3.85
Uses of proceeds of Band Issue (including underwriters' discount) -;
22
Proceeds used for accrued interest . . . . . . . . . . . . . . . . . . . . .
22
23
Issue price of entire issue (enter amount from line 21, column (b)} . . . , ,
23
24
Proceeds used for bond issuance costs (including underwriters' discount) . '24
25
Proceeds used for credit enhancement . . . . . . . . . . . .
25
26
Proceeds allocated to reasonably required reserve or replacement fund .
26
27
Proceeds used to currently refund prior issues . . . . . . . . .
27
28
Proceeds used to advance refund prior issues
28
29
Total (add lines 24 through 28) . . . . . . . . . . . . . . . . . . . . . .
29
30
Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here)
30
Description of Refunded Bonds. Complete this part only for refunding bonds.
31
Enter the remaining weighted average maturity of the bonds to be currently refunded ■
32
. . , ,
Enter the remaining weighted average maturity of the bonds to be advance refunded ■
years
33
.
Enter the last date on which the refunded bonds will be called (MM/DD/YYYY) ■
yew
34
Enter the date(s) the refunded bonds were issued ■ (MM/DD/YYYY)
For Paperwork Reduction Act Notice, see separate instructions. cat. No. 537735
Form 8038-G (Rev. 8-2011)
WESTERN ,
� STATES
Meridian
500 E Overland Rd Meridian, ID 83642
208.888.2287
Caterpillar Financial
2120 W End Ave
Nashville, TN 37203-5251
INVOICE
NO.:IN001201137
SALES ID: 50002034739
INVOICE AMOUNT: $299,280.80
INVOICE DATE: 1117/2020
DUE DATE: 2116/2020
CUSTOMER: 1564000
CUSTOMER PO:
SHIPPED TO:
City of McCall
815 S Samson Trl
McCall, ID 83638-5137
SALESMAN: ChadAAJlen
ITEM DESCRIPTION PRICE
950M Caterpillar 950M Wheel Loader SIN: J1Sol 961 SMU:139 hrs
• CT TIRES SIN: E0060804A
• HEN PLOWIWiNG COMBO SIN: 28680
• HENKE DIVERTER KIT SIN: E0058155A
• Caterpillar HYD CPLR FSN 950-962 KIM SIN; PA201490
• Caterpillar Fiat Back FSN HKS WL SIN: E0060805A
• Delivery Freight
• New Warranty - 60 mo 3,000 hrs - GOV {Failsafe}
TRADE
1999 CAT 924GZ SIN: 6YWO0237
Please Remit Payment to:
Western States Equipment
PO Bax 3805 Seattle, WA 98124-3805
$335,956.40
($25,000.00)
Before Tax Balance $310,956.00
Sales Tax $0.00
Invoice Amount $310,956.00
PAGE: of
E X H I B I T 2
C o n c l u d i n g P a y m e n t S c h e d u l e t o
G o v e r n m e n t a l A g r e e m e n t
Quote number 644-9263. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dated _____________________, 20____
between
Caterpillar Financial Services Corporation
and
CITY OF MCCALL-950M-Trade
Description of Unit: 1 Caterpillar 950M serial # J1S01961
Number
of
Payments Beginning Payment Interest Concluding
Date Due Made Balance Amount Balloon 3.85000%Payment (*)
Jan-27-20 1 311,356.00 34,074.13 0.00 0.00 277,281.87
Jan-27-21 2 277,281.87 34,074.13 0.00 10,675.34 253,883.08
Jan-27-22 3 253,883.08 34,074.13 0.00 9,774.50 229,583.45
Jan-27-23 4 229,583.45 34,074.13 0.00 8,838.96 204,348.28
Jan-27-24 5 204,348.28 34,074.13 0.00 7,867.40 178,141.55
Jan-27-25 6 178,141.55 0.00 185,000.00 6,858.45 0.00
t o t a l 170,370.65 185,000.00 44,014.65
(*) Does not include any rent payment or other amount then due.
Initialed: ____________
(Lessee)
644-9263 Caterpillar Financial Services Corporation Page 1
DocuSign Envelope ID: 6F090BE3-77D7-41 BA-8ACE-6EF5Al8AA24A
WESTERN
STATES
October 15, 2019
City of McCall
216 E Park Street
McCall, ID 83638
Dear Valued Customer,
Please accept this letter as a guarantee for purchase of your Caterpillar Model 950M Serial Number
J ISO1961. This guarantee is made in conjunction with the Governmental Failsafe Warranty. We agree to
purchase this unit from you at the end of the five years for the amount of $185,000 based on a maximum of
3,000 S.M.U.'s. If the time period or service meter unit limits are exceeded the above machine will be
appraised to determine a new value.
Lessee agrees that each Unit, upon its return, shall:
1. Be in sound mechanical condition and to be in good working order under full load.
2. Have the same attachments and piece parts as when delivered.
3. a. Have tires in safe and operable condition with a minimum of (40%) of wear
remaining tread life and all of the same style (no recaps).
OR
b. Have a minimum of forty percent (40%) life remaining on all undercarriage
components including track shoes, links, pins and bushings, idlers, bogies, sprockets, carrier
rollers, track rollers;
4. Have no cracked or broken glass;
5. Have no missing sheet metal and any damage to sheet metal;
6. Have no structural damage to frame.
7. Have met the full requirement of the warranty procedures, including scheduled oil sampling at the
prescribed intervals.
8. Have no damage or modification to machine ROPS (roll over protection structure) per Caterpillar
guidelines, repair or replacement of ROPS will be billed at time of return.
We require thirty (30) days written notice if you choose to exercise this guarantee and transfer title of the
above-described equipment to Western States Equipment Company.
If you have any questions or if we may be of further assistance, please call.
It is understood that under this agreement that the "terms of return" will be met andior brought into
compliance before this re -purchase agreement will be fully executed. Items that are out of compliance will
be repaired and billed to
Sincerely,
�it,StkA�. �,I�tdUAIiOI�U.AL1
Jesi ky.
Vice President, Finance
Dyl&JDjj6wF""W2e.
Used Equipment Manager