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Home My Public Portal About2010-26 Authorizing the purchase of police vehicles for the Village Police DepartmentRESOLUTION NO. 2010-26 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE PURCHASE OF POLICE VEHICLES FOR THE VILLAGE POLICE DEPARTMENT; AUTHORIZING AND PROVIDING FOR THE VILLAGE TO PURCHASE POLICE EQUIPMENT, TO - WIT: SEVEN (7) POLICE VEHICLES; AUTHORIZING EXPENDITURE OF FUNDS; AUTHORIZING AND APPROVING MASTER LEASE AGREEMENT AND RELATED DOCUMENTS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council as the governing body of the Village of Key Biscayne (the "Village"), desires to obtain certain police equipment (the "Equipment") for the Village Police Department as described in Equipment Schedule No. 01 to the Master Lease Agreement (collectively, the "Lease") with Ford Motor Credit Company ("Ford"), the form of which Lease has been available for review by the Village Council prior to this meeting; and WHEREAS, the Equipment is essential for the Village to perform its governmental functions; and WHEREAS, the Village has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment and finds the purchase of Equipment to be exempt from competitive bidding pursuant to Village Code Section 2- 86 as being derived from another government entity's bid process; and WHEREAS, the Village proposes to enter into the Lease with Ford, substantially in the form presented at this meeting; and WHEREAS, the Village Council hereby finds and determines that the terms of the Lease and related instruments (collectively, the "Purchase Documents") in substantially the form presented at this meeting and incorporated in this Resolution are in the best interests of the Village for the acquisition of the Equipment. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted and confirmed. Section 2. Capital Project Authorizing Resolution. That pursuant to Village Charter Section 3.07(b), this Resolution shall constitute a Capital Project Authorizing Resolution. The Capital Project is the purchase of police equipment, to -wit: Seven (7) new vehicles (the "Equipment") for the Village of Key Biscayne Police Department, at a projected cost of One Hundred Ninety One Thousand, Five Hundred Eighty -Two ($191,582.05) Dollars and Five Cents, plus fixed annual financing costs of 3.85% for the four (4) year (48 months) term of the lease - purchase transaction, as payable in four (4) annual installment payments. Section 3. Equipment Purchase Authorized. A. That the acquisition of the Equipment is hereby authorized. The Equipment is further described in the Master Lease Agreement and Equipment Schedule No. 01 (collectively the "Lease") between the Village and Ford, a copy of which is set forth in Exhibit "A," attached hereto and incorporated herein. The Equipment shall be utilized by the Village Police Department to provide law enforcement services for the Village. B. That the Village Council hereby approves the Lease, and authorizes the Village Manager to execute the Lease, once approved by the Village Attorney for legal sufficiency, for the acquisition of the Equipment for a cost which is consistent with this Resolution and the 2 Lease. C. That the Village Manager is authorized to take all action necessary to implement this Resolution and the Lease, and is authorized to expend Village funds for the purchase of the Equipment pursuant to the Lease and in accordance with Village budget appropriations. D. That the Purchase Documents and the acquisition and financing of the Equipment under the terms and conditions as described in the Purchase Documents are hereby approved. The Village Manager and any other officer of the Village who shall have power to execute contracts on behalf of the Village be, and each of them hereby is authorized to execute, acknowledge and deliver the Purchase Documents with any changes, insertions and omissions therein as may be approved by the Village Attorney such approval to be conclusively evidenced by such execution and delivery of the Purchase Documents. The Village Clerk of the Village is authorized to affix the official seal of the Village to the Purchase Documents and attest the same. E. That the proper officers of the Village, be and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to - be done any and all other acts and things necessary or proper for carrying out this Resolution and the Purchase Documents, subject to the approval of the Village Attorney as to form and legal sufficiency. F. That pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended (the "Code"), Village hereby specifically designates the Lease as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Code. Section 4. Effective Date. That this Resolution shall be effective immediately upon adoption hereof. 3 PASSED AND ADOPTED this 22nd day of June, 2010. CONCHITA H. ALVAREZ, MMC, VILLAGE CLE APPROVED AS TO 0 AND LEGAL SUFFIC VILLAGE A RN 4 MAYOR ROBERT L. VERNON Ford Motor Credit Company Chief Charles R. Press, Chief of Police Village of Key Biscayne Police Department 88 West McIntyre Street Key Biscayne, FL 33149 1 American Road P.O. Box 1739 Dearborn, Michigan 48121-1739 June 23, 2010 Subject: Master Equipment Lease -Purchase Agreement - Lease No. 7794000 Dear Chief Press: Thank you for selecting Ford Motor Credit Company as your Lease -Purchase Finance source. We, at Ford Credit, care about our customers and have a special interest in your continuous satisfaction with our services. For your records, we have enclosed a copy of the signed Master Equipment Lease -Purchase Agreement. Your Schedule (account number) is 7794008. Be sure to refer to Schedule 7794008 should you require assistance. Please send a copy of the title(s) for the Equipment being financed to complete our records. To assist us with the timely processing of your payments, please: • allow seven mail days time to avoid late charges; • print Schedule 7794008 (account number) on your check, and • make check payable to "Ford Motor Credit Company" to our Lockbox: DEPT 67-434 FORD MOTOR CREDIT - MUNICIPAL P. O. BOX 67000 DETROIT, MI 48267-0434 If I can be of any assistance, please contact me at 1-800-241-4199, Ext. 21. A Enclosures "2/ Sincerely, Maria Acevedo Municipal Finance OPINION OF COUNSEL With respect to that certain Master Equipment Lease -Purchase A9reernent 7794000 dated 12/15/2004 by and between Ford Motor Credit Company (Lessor) and Village of Key Biscayne (Lessee) as Supplemented by Schedule 7794008 thereto (the "Master Agreement"), I am of the opinion that: (1) Lessee is a political subdivision of the State, and has a substantial amount of one or more of the following sovereign powers: (a) the power to tax, (b) the power of eminent domain, and (c) police power; (2) Lessee has the requisite power and authority to purchase the Equipment (as defined in the Master Agreement) and to execute and deliver the Master Agreement and to perform its obligations under the Master Agreement; (3) the execution, delivery and performance by Lessee of the Master Agreement have been duly authorized by all necessary action on the part of Lessee; (4) the Master Agreement has been duly executed and delivered by Lessee and constitutes a legal, valid and binding obligation of Lessee enforceable in accordance with its terms; (5) there are no suits, proceedings or investigations pending or, to my knowledge, threatened against or affecting Lessee, at law or in equity, or before or by any governmental or administrative agency or Instrumentality which, if adversely determined, would have a material adverse effect on the transaction contemplated in the Master Agreement or the ability of Lessee to perform its obligations under the Master Agreement and Lessee is not in default under any material obligation for the payment of borrowed money, for the deferred purchase price of property or for the payment of any rent under any lease agreement which either individually or in the aggregate would have the same such effect; and (6) all required public bidding procedures regarding the award of the Master Agreement and the purchase of the Equipment have been followed by Lessee and no governmental orders, permissions, consents, approvals or authorizations are required to beobtained and no registrations or declarations are required to be filed in connection with the oxecu ion and delivery of the Master Agreement. Jacunr) 2081 - 2' l,MIIH r_ r,r.,,,y C1141443) 'pay nor ho Imo Attorney for Lessee David Wolpin of June, 2010. SCHEDULE 7794008 - MASTER EQUIPMENT LEASE -PURCHASE AGREEMENT Lease No. 7794000 AMENDMENT That certain Master Equipment Lease -Purchase Agreement, by and between Ford Motor Credit Company ("Lessor") and Village of Key Biscayne ("Lessee"), dated as of 12/15/2004 (the "Lease") is hereby amended as follows: Lessee has not issued, and reasonably anticipates that it and its subordinate entities will not issue, tax-exempt obligations (including this Lease) in the amount of more than $30,000,000 during the current calendar year; hereby designates this Lease as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended, ("Code"); and agrees that it and its subordinate entities will not designate more than $30,000,000 of their obligations as "qualified tax-exempt obligations" during the current calendar year. Except as amended hereby, the Lease shall otherwise remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment as of the 25th day LESSEE: Village of Key Biscayne 88 West McIntyre Street By: _i,d LESSOR: Ford Motor Credit Company By: arles R. Prress F ank Mastrella Title: Chief of Police Title: aerations Manager, Municipal Finance Page 1 SCHEDULE 7794008 - MASTER EQUIPMENT LEASE -PURCHASE AGREEMENT Lease No. 7794000 This Equipment Schedule dated as of 06/25/2010, is being executed by Ford Motor Credit Company ("Lessor"), and Village of Key Biscayne ("Lessee"), as a supplement to, and is hereby made a part of that certain Master Equipment Lease -Purchase Agreement dated as of 12/15/2004 ("Lease"), between Lessor and Lessee. Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby accepts and leases from Lessor under and pursuant to the Lease, subject to and upon the terms and conditions set forth in the Lease and upon the terms set forth below, and following items of Equipment: QUANTITY DESCRIPTION (MANUFACTURER, MODEL AND SERIAL NO.) SUPPLIER 7 2010 Ford Crown Victoria PI w/Misc Emergency Equipment, Graphics and window tinting, 2FABP7BV2AX141084, 2FABP7BV4AX141085, 2FABP7BV6AX141086, 2FABP7BV8AX141087, 2FABP7BVXAX141088, 2FABP7BV1AX141089, 2FABP7BV8AX141090 Don Reid Ford Inc EQUIPMENT LOCATION: Village of Key Biscayne Police Department 88 West McIntyre Street Key Biscayne. FL 33149 Initial Term: Periodic Rent: 48 Months Commencement Date: 06/25/2010 4 Consecutive Annual in Advance Payments of $51,201.41 each (including interest), due under this Lease. The Periodic Rent Payment also includes any applicable sales/use tax due and payable on the Lease Payment Dates, set forth in Schedule 7794008, Page 2. EXECUTED as of the date first herein set forth. LESSEE: Village of Key Biscayne Police Department By: i Charles R. Press Title: Chief of Police LESSOR: Ford Motor Credit Company By: Fr- k M - trella Title: O rations Manager, Municipal Finance Counterpart No. 1 of 1 manually executed and serially numbered counterparts. To the extent this Schedule constitutes chattel paper, no security interest herein may be perfected through the possession of any counterpart other than Counterpart No. 1_ Page 2 Payment Ss edu.1e Schedule Number: 7794008 APR: �z . _ H Master Leas IJi!rStbar: :717.S.0J11 .ease i,ddse Payment Payment Lease Interest Principal Concluding Number Date Payment Portion Portion Payment 6 i 25 / 2010 51,201.41 0.00 51,201.41 137,242.74 2 n / 25 / 2011 x1 , 2(11 41 9.028 73 43, _72.71 P4,070_0? 3 6 / 25 / 2012 51,201.41 5,503.10 45,698.31 48,3'1.72 4 G / 25 / 2013 :,1,201.41 2,829.69 48,371.72 1.00 TOTALS 204,805.64 16,361.49 188,444.15 LESSOR. FORD MOTOR CREDIT COMPANY P. O. Box 1739 Dearborn, MI 48121-1739 • DELIVERY AND ACCEPTANCE CERTIFICATE The undersigned Lessee hereby acknowledges receipt of the Equipment described below ("Equipment") as fully installed and in good working condition; and Lessee hereby accepts the Equipment after full inspection thereof as satisfactory for all purposes of the Master Equipment Lease -Purchase Agreement ("Lease") executed by Lessee and Lessor. MASTER LEASE MASTER LEASE SCHEDULE DELIVERY PURCHASE PURCHASE DATE NUMBER 7794008 NUMBER DATE ORDER NO_ DATE 12115/2004 7794000 06/25/2010 1 EQUIPMENT INFORMATION QUANTITY DESCRIPTION (MANUFACTURER, MODEL AND SERIAL NO.) SUPPLIER 7 2010 Ford Crown Victoria PI, 2FABP7BV2AXI410►84, 2FABP7BV4AX141085, 2FABP7BV6AX141086, 2FABP7BV8AX141087, 2FABP7BVXAX141088, 2FABP7BV1 AX141089, 2FABP7BV8AXI41090 Don Reid Ford Inc LESSEE: Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 BY: 46?oic--- 104'4IthiiDid. donAtkft- (Title) DATE ACCEPTED: -- g*'' API 0 This form is to be signed, dated and returned to Ford Motor Credit Company, to the attention of Carol Tom, upon delivery and acceptance of the above equipment. INSURANCE FACT SHEET We require a Certificate of Insurance or Declaration Page shown in the name of the Municipality listed below. If more than one insurance company is used, indicate each and for what type coverage. Per the Master Equipment Lease -Purchase Agreement, Lease No 7794000, we require Liability and Physical Damage on all vehicles, Liability and Property Damage on all other Equipment and FORD MOTOR CREDIT COMPANY named as Loss Payee and Additional Insured. RETURN TO: Ford Motor Credit Company, Municipal Finance, PO Box 1739 - MD 7500, Dearborn, MI 48121-1739. SCHEDULE NO: 7794008 MUM: ADDRESS: CITY: CONTACT: EQUIP DESC: PLEASE NOTE: FORD MOTOR CREDIT COMPANY REQUIRES A MINIMUM OF $1,000,000 PUBLIC LIABILITY COVERAGE; OR THE STATE MAXIMUM (IF LOWER) IS REQUIRED Village of Key Biscayne Police Department 88 West McIntyre Street Key Biscayne, FL 33149 Madelin Lopez, Accts. Payable 305-365-8913 PHONE: (305) 365-5555 (7) 2010 Ford Crown Victoria PI w/Misc Emergency Equipment, Graphics and window tinting, 2FABP7BV2AX141084, 2FABP7BV4AX141085, 2FABP7BV6AX141086, 2FABP7BV8AX141087, 2FABP7BVXAX141088, 2FABP7BV1AX141089, 2FABP7BV8AX141090 INSURANCE COMPANY: o JWe) ! Si,LIZJI(ge JUST^ ADDRESS: 11i 6. Ionia ! D o. . CITY: ___19/2/42Ack PHONE: !Roo 445x- ba4g POLICY NO: Fula -7-o ca9R LIABILITY AMT'55, COp &To PROPERTY PHYSICAL DAMAGE AMT:' COMPREHENSIVE DEDUCTIBLE: COLLISION DEDUCTIBLE: STATE: F[.. ZIP: 32,'0 CONTACT PERSON: EXPIRATION DATE: I o — o/— 20/0 Schecittiel tzhick MACE AMT: I ? coco . ca CPO •L70 I) 000- (0 INSURANCE COMPANY: ADDRESS. CI Y: STATE: ZIP: PHONE: CONTACT PERSON: POLICY NO: EXPIRATION DATE: PROPERTY DAMAGE AMT: LIABILITY AMT: PHYSICAL DAMAGE AMT: COMPREHENSIVE DEDUCTIBLE: COLLISION DEDUCTIBLE: THIS SECTION ONLY TO BE COMPLETE IF SELF -INSURED: IF YOU ARE SELF -INSURED FOR ANY COVERAGE, PLEASE PROVIDE THE NAME OF YOUR INSURANCE POOL/FUND. NAME OF INSURANCE POOUFU ND: Self -Insured For/ LIABILITY: $ PROPERTY: $ PHYSICAL: $ CONTINUOUS COVERAGE: FROM: TO: PLEASE SIGN: CL,l�� Charles R. Press, Chief of office