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HomeMy WebLinkAboutDocumentation_Regular_Tab 10D_1/13/2000 y 1 � w Z � if 1:) RESOLUTION NO. 32-99/00 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE PURCHASE OF ONE (1) , ONE-TON, CREW-CAB, 4X4, PICKUP TRUCK, PER THE STATE OF FLORIDA BID CONTRACT NUMBER 070-644-020, TO MAROONE CHEVROLET, INC. OF PEMBROKE PINES, FLORIDA, IN THE AMOUNT OF $27, 674, PURCHASED WITH LEASE PURCHASE PROCEEDS, FROM A THREE (3) YEAR LEASE PURCHASE PROGRAM, PROVIDED BY LEASOURCE FINANCIAL SERVICES, OF FOLSOM, CA. , HAVING AN ANNUAL LEASE PURCHASE PAYMENT OF $10, 111. 63, WITH THE FIRST YEARS PAYMENT BEING APPROPRIATED FROM THE FY 1999/2000 FIRE RESCUE, CAPITAL OUTLAY BUDGET, HAVING A $12, 380 FUND APPROPRIATION, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACTS ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS : Section 1. The purchase of one (1) , one-ton, crew-cab, 4X4, pickup truck, under the terms and conditions associated with the State of Florida Bid Contract #070-644-020 awarded to Maroone Chevrolet, Inc . , of Pembroke Pines, Florida, in the amount of $27, 674 , attached hereto as Exhibit "A" and incorporated by reference as part of this Resolution is hereby approved and the Village Manager is authorized to execute the applicable Contract on behalf of the Village . Section 2 . To enter into a three (3) year lease agreement with Leasource Financial Services of Folsom, California, for the purchase of one (1) , one-ton, crew-cab, 4X4 , pickup truck, under the terms and conditions associated with the State of Florida Bid Contract #070-644-020, in the amount of $27, 674, having three (3) annual payments of $10, 111 . 63 , attached hereto as Exhibit "B" and incorporated by reference as part of this Resolution is hereby approved and the Village Manager is authorized to execute the applicable Contract on behalf of the Village. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember , who moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows : FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this 13th day of January, A.D. , 2000 . MAYOR OF TEQUESTA Carl C. Hansen ATTEST: Joann Manganiello Village Clerk Nmh\Word\MyDocuments\Resolutions\32-99-00 �x��B' T A # • 070-644-020 ONE TON PICKUP TRUCK, CREW-CAB, 4X4 Page 1 of 7 070-644-020 ONE TON PICKUP TRUCK, CREW-CAB, 4X4 (6A-CC) (REV 20 SEP 99) NOTE: This detailed specification is not complete unless it is used in conjunction with Specification Number SRAT-1, Special Requirements All Automobiles and Light Trucks. INTENDED USE • USED FOR REGULARLY HAULING HEAVY BULK MATERIAL, MEDIUM TO HEAVY DUTY TOWING AND TRANSPORTATION OF UP TO SIX INDIVIDUALS OFF ROAD IN DENSE OR REMOTE AREAS. STD. CARGO AREA: 97 inches x 64 inches x 49 inches * STD. WORKING CARGO CAPACITY: 2400 lbs. ** STD. TOWING CAPACITY: 4000 lbs. OPT. WORKING CARGO CAPACITY, OPT. 2950 lbs. ** 8006: OPT. 8009, CHASSIS CAB (SRW): 9000 lbs. GVWR *** OPT. 8010, CHASSIS CAB (DRW): 10,000 lbs. GVWR *** PERFORMANCE OPTIONS CARGO TOWING LBS. LBS. (SRW/DRW) OPT. 1002, DIESEL ENGINE 2100/2650 OR 4000 OPT. 2002, TRAILER TOW 2400/2950 OR 6500 PKG. OPT. 2003, TRAILER TOW 2400/2950 OR 10,000 PKG. OPT. 2004, TRAILER TOW 2100/2650 OR 7500 (GM), PKG. (DSL) 10,000 (Ford) * Distance between wheel housings ** Approx. net capacity, deducting weight of driver and five passengers *** GVWR=Total maximum weight of a fully equipped, fully loaded truck 10. ENGINE: Gasoline engine, V8, minimum 5.4L (330 CID) and 220 (nominal)Net HP; standard alternator and battery; standard cooling system. 20. TRANSMISSION: Minimum 4 speed automatic with overdrive; minimum two- speed transfer case. http://fcn.state.fl.us/st_contracts/070001991/price57.htm 12/1/99 070-644-020 ONE TON PICKUP TRUCK, CREW-CAB, 4X4 Page 2 of 7 • 30. AXLES: Limited slip or locking differential on rear axle; automatic locking front hubs or front axle disconnect system. 40. PERFORMANCE ITEMS: Standard instrumentation; power steering. 50. COMFORT ITEMS: Air conditioning; all glass tinted; AM-FM radio; vinyl seat upholstery. 60. SAFETY ITEMS: 4-wheel anti-lock braking system, if available; dual outside mirrors; interior dome lights; air bag, driver, if available. Standard air bag(s) may not be deleted. Fleet deletes for air bag(s) must not be used. 70. TIRES & WHEELS: Five (5) LT235/85R16E or larger radial BSW on/off road or all terrain tread tires; spare tire, wheel and rack to be frame mounted;jack and lug wrench. 80. CHASSIS, FRAME, CAB: Minimum 9200 lbs. GVWR; minimum 3300 lbs. (nominal) payload; minimum 168.0 inch wheelbase; fleetside body,minimum 97.0 inch inside box length; painted or chrome front bumper; heavy-duty step- type rear bumper, factory installed, bumper shall have a minimum capacity of 4000 lbs. horizontal pull weight and 400 lbs. vertical tongue weight; skid plates; six-passenger, four door, crew cab; all manufacturer's standard colors. STATE: GVWR: (KP) 9200 LBS PAYLOAD: (KP) 3300 LBS., (MC) (MC) 9200 3300 90. CONDITIONS: All enclosed Conditions and Requirements shall apply. 070-644-020 MAKE: (KP) GMC CREW CAB 3500 4X4 (6A-CC) DEALER DISCOUNT* MODEL PRICE Western KAISER PONTIAC BUICK GMC 60.00 TK30943 23,670.00 District TRUCK, INC. (A) Northern KAISER PONTIAC BUICK GMC 40.00 TK30943 23,600.00 District TRUCK, INC. (B) Central KAISER PONTIAC BUICK GMC 40.00 TK30943 23,620.00 District TRUCK, INC. (C) Southern MAROONE CHEVROLET 0 CK30943 23,429.00 District (D) NOTE: ONLY THE ABOVE NAMED DEALER(S) IS/ARE AUTHORIZED TO SELL THIS COMMODITY UNDER THIS CONTRACT! http://fcn.state.fl.us/st contracts/070001991/price57.htm 12/1/99 070-644-020 ONE TON PICKUP TRUCK, CREW-CAB, 4X4 Page 3 of 7 r SEE FACTORY CUT OFF DATE INFORMATION IN ORDERING INSTRUCTIONS. *Discount for unit for vehicle picked up by ordering agency at contractor's place of business. Approximate delivery time required after receipt of order: (KP) 90/120 DAYS, (MC) 90-120 DAYS OPTION: 070-644-021 - Option, One Ton Pickup Truck, Crew-Cab, 4x4, Spec. 6A-CC OPTIONS: (KP) KAISER PONTIAC BUICK GMC TRUCK, INC., (MC) MAROONE CHEVROLET 1002 Diesel engine, V8, minimum 6.5L (395 (KP) CODE: L65 PRICE: CID) and 2460.00 195 (nominal)Net HP. (MC) CODE: L65 PRICE: 2600.00 (NOTE TO USER: DO NOT ORDER THIS OPTION WITH OPTIONS 2002, 2003 or 2004.) 1004 O.E.M. alternative fuel conversion ready engine. To include all internal modifications required for aftermarket conversions for operation of natural gas. State engine manufacturer and model no. bid. (KP) MANUFACTURER: GM (KP) CODE: KL5 PRICE: 125.00 (KP) MODEL NO.: L31 (MC) MANUFACTURER: (MC) CODE: PRICE: N/A (MC) MODEL NO.: 2001 Manual overdrive transmission, 5- (KP) CODE: MW3 PRICE: speed, (650.00) minimum. (Credit) (MC) CODE: PRICE: (MW3J (700.00) (Credit) http://fcn.state.fl.us/st contracts/070001991/Drice57.htm 1?/1IQQ • 070-644-020 ONE TON PICKUP TRUCK, CREW-CAB, 4X4 Page 5 of 7 (MC) CODE: (C60) PRICE: (500.00) (Credit) 6001 Daytime running lights. (KP) CODE: STD PRICE: N/C (MC) CODE: STD PRICE: N/C 6002 Passenger side air bag. (KP) CODE: PRICE: N/A (MC) CODE: STD PRICE: N/C 8003 Special state colors,two-tone. Olympic (KP) CODE: PRICE: 380.00 White 9W3/12 (DuPont Centari K9031 A) above MIN. 5 UNITS dripstrip on cab and DOT Yellow(DuPont Centari (MC) CODE: PRICE: 190.00 L9069A, GM 9W3W 9W3) on remainder of cab. Factory MIN. 10 painted if UNITS available. SEE SPECIFICATION WHITE DEALER PAINT SRAT-1, NOTE 1. 8006 Minimum 10,000 lbs. GVWR, dual rear wheel; minimum 3850 lbs. (nominal)payload. Minimum 97.0 inch inside box length. (KP) GVWR: 10,000 LBS_PAYLOAD: (KP) CODE: RO5 PRICE: 3850 LBS. 1080.00 (MC) GVWR: 10,000 LBS. PAYLOAD: (MC) CODE: R_ O5 PRICE: 3850 LBS. 1095.00 8007 Special state color. DOT Yellow (KP) CODE: 9W3 PRICE: N/C (DuPont Centari L9069A, GM 9W3). Factory painted if MIN. 5 UNITS available. SEE SPECIFICATION SRAT-1, (MC) CODE: 9W3 PRICE: N/C NOTE 1. MIN. 10 UNITS 8008 Special state color. Jade Green Metallic (KP) CODE: 9027 PRICE: 155.00 (DuPont http://fcn.state.fl.us/st_contracts/070001991/price57.htm 1')/1/QQ • 070-644-020 ONE TON PICKUP TRUCK, CREW-CAB, 4X4 Page 7 of 7 approved equivalent. Factory painted if (MC) CODE: PRICE: N/C available. GM#11 SEE SPECIFICATION SRAT-1, NOTE 1. 9901 Manufacturer's Extended Vehicle (KP) CODE: PRICE: N/A Warranty. Warranty shall be for a period of 5 (MC) CODE: PRICE: N/A years or 75,000 miles whichever occurs first. Note to bidder: This option applies to Ford only. SEE SPECIFICATION EVW 5/75 (FBC) (NOTE TO USER: FORD WARRANTY FOR OPTION 8010.) 9903 Manufacturer's Extended Vehicle (KP) CODE: PRICE: Warranty. GMPP 6 1705.00 Warranty shall be for a period of 6 (MC) CODE: PRICE: years or GMPP 1705.00 100,000 miles whichever occurs first. 6/100 SEE SPECIFICATION EVW 6/100. 9906 Manufacturer's Extended Vehicle (KP) CODE: PRICE: 755.00 Warranty. GMPP 5 Warranty shall be for a period of 5 (MC) CODE: PRICE: 755.00 years or GMPP 75,000 miles whichever occurs first. 5/75 SEE SPECIFICATION EVW 5/75. http://fcn.state.fl.us/st_contracts/070001991/price57.htm 12/1/99 • Maroone Chevrolet, Inc Page 1 of'l Maroone Chevrolet, Inc. ORDERING INSTRUCTIONS (REV 20 SEP 99) • NOTE: ALL ORDERS SHOULD BE DIRECTED TO: SPURS VENDOR NUMBER: 59-2091114-002 (REV 1 MAR 99) VENDOR: MAROONE CHEVROLET INC. (A) (REV 1 MAR 99) STREET ADDRESS OR P. O. BOX: 8600 PINES BLVD. CITY, STATE, ZIP: PEMBROKE PINES, FL 33024 TELEPHONE: 9 54-43 3-3 3 5 8 TOLL FREE NO.: 1-800-227-2678 (REV 1 MAR 99) ORDERING FAX NO.: 954-433-8503 REMIT ADDRESS: 8600 PINES BLVD. CITY, STATE,ZIP: PEMBROKE PINES, FL 33024 PRODUCT INFORMATION: DIRECT INQUIRY TO: NAME AND TITLE: ba4 W I LLSON ADDRESS: 8600 PINES BLVD. CITY, STATE, ZIP: PEMBROKE PINES, FL 33024 TELEPHONE: 954-433-3358 TOLL FREE NO.: 1-800-227-2678 (REV 1 MAR 99) ihttp://fcn.state.fl.us/st_contracts/070001991/order13.htm 12/1/990m ilMaroone Chevrolet, Inc Page 2 of2))111)1 IIURL HOME PAGE ADDRESS: pircrizacac-mur-Antuirsg-tittlxretTirtitvilthiff ELECTRONIC MAIL ADDRESS. http://fc n.state.fl.us/st_co ntracts/0706:11 991/order 1 3.htm 12/1/99 • Dec-02-99 09: 23A Leasource Financial 916 988 3931 P.02 EX H/Q/T 7, LEASOURCE FINANCIAL SERVICES 1000 River Rock Drive,Suite 218,Folsom, CA 95630 PROPOSAL December 2, 1999 James M. Weinand, Chief Village of Tequesta P.O. Box 3273 Tequesta, FL 33469 Dear Chief Weinand Leasource Financial Services is pleased to offer our Proposal for lease of the following Equipment • EQUIPMENT: One Ton Chevrolet Truck COST: $27,674.00 MODE: Three(3) Annual Payments in Advance TERM: 3 Years PAYMENT AMT: $10,111.63 OPTION: $0.00 with the final Payment. TERMS: 1. All insurance is the responsibility of Lessee. Lessee shall provide proof of insurance. 2, All taxes, including property taxes,are for the account of the lessee. 3. Lessee agrees that this Lease Agreement may be assigned and will he so notified prior to finding. 4. This Proposal is subject to mutually acceptable documentation. 5. There will be no additional costs associated with this Proposal. 6. Approval is subject to review of Lessee's financial statements. Due to fluctuations in interest rates, this quote is valid for 30 days. In the event that. this transaction is not completed in a reasonable time period after the award, the final rate may be adjusted up or down depending . on a mutually acceptable index agreed to upon acceptance of this Proposal.. Res tfilly, t..0 C A-kn‘AW___ C._ Lawrence Kennedy DATE: MUNICIPAL LEASE AND OPTION AGREEMENT LESSOR: Leasource Financial Services. 1000 River Rock Drive,Suite 218 Folsom,CA 95630 LESSEE: VILLAGE OF TEQUESTA 357 Tequesta Drive Tequesta,FL 33469-0273 This Municipal Lease and Option Agreement (the "Agreement") entered into between Leasource Financial Services. ("Lessor"), and VILLAGE OF TEQUESTA("Lessee"),a body corporate and politic duly organized and existing under the laws of the State of Florida("State"); WITNESSETH: WHEREAS,Lessor desires to lease the Equipment,as hereinafter defined,to Lessee,and Lessee desires to lease the Equipment from Lessor, subject to the terms and conditions of and for the purposes set forth in this Agreement;and WHEREAS,Lessee is authorized under the Constitution and laws of the State to enter into this Agreement for the purposes set forth herein: NOW,THEREFORE,for and in consideration of the premises hereinafter contained,the parties hereby agree as follows: ARTICLE I COVENANTS OF LESSEE Section 1.01. Covenants of Lessee. Lessee represents,covenants and warrants,for the benefit of Lessor and its assignees,as follows: (a) Lessee is a public body,corporate and politic,duly organized and existing under the Constitution of the laws of the State. (b) Lessee will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a body corporate and politic. (c) Lessee is authorized under the Constitution and laws of the State to enter into this Agreement and the transaction contemplated hereby and to perform all of its obligations hereunder. (d) Lessee has been duly authorized to execute and deliver this Agreement under the terms and provisions of the resolution of its governing body, attached hereto as Exhibit A or by other appropriate official approval, and further represents, covenants and warrants that all requirements have been met and procedures have occurred,in order to ensure the enforceability of the Agreement,and Lessee has complied with such public bidding requirements as may be applicable to this Agreement and the acquisition by Lessee of the Equipment thereunder. Lessee shall cause to be executed an opinion of its counsel substantially in the form attached hereto as Exhibit B. (e) During the term of this Agreement, the Equipment will be used by Lessee only for the purpose of performing one or more governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee's authority and will not be used in a trade or business of any person or entity other than Lessee as outlined in Exhibit C attached hereto. (f) During the period this Agreement is in force,Lessee will annually provide Lessor with current financial statements,budgets,proof of appropriation for the ensuing fiscal year and such other financial information relating to the ability of Lessee to continue this Agreement as may be reasonably requested by Lessor or its assignee. (g) The Equipment will have a useful life in the hands of Lessee that is substantially in excess of the Lease Term. (h) The Equipment is, and during the period this Agreement is in force will remain,personal property and, when subjected to use by Lessee under this Agreement,will not be or become fixtures. ARTICLE II DEFINITIONS Section 2.01. Definitions. Unless the context clearly otherwise requires or unless otherwise defined herein, the capitalized terms in this Agreement shall have the respective meanings specified below. "Acceptance Certificate" means a certificate in substantially the form attached hereto as Exhibit F and which shall be delivered by Lessee to Lessor upon receipt and acceptance of the Equipment. "Agreement" means this Municipal Lease and Option Agreement with its Exhibits, which Exhibits are attached hereto and incorporated herein by reference. "Code" means the Internal Revenue Code of 1986,as amended,and to the extent applicable,the regulations and rulings issued thereunder. "Commencement Date" is the date when the term of this Agreement begins and Lessee's obligation to pay rent accrues,which date shall be the date first above written. "Equipment"means the property described in Exhibit D and which is the subject of this Agreement. "Lease Term" means the period beginning with the Commencement Date and continuing until terminated as outlined in Section 4.01. "Purchase Price" means the amount set forth and so titled in Exhibit E hereto which Lessee may pay to Lessor to purchase the Equipment as provided under Section 11.01. "Rental Payments" means the basic rental payments payable by Lessee pursuant to Exhibit E of this Agreement. "Vendor" means the manufacturer of the Equipment as well as the agents or dealers of the manufacturer. ARTICLE III LEASE OF EQUIPMENT Section 3.01. Lease of Equipment. Lessor hereby demises, leases and lets to Lessee,and Lessee rents, leases and hires from Lessor, the Equipment,in accordance with the provisions of this Agreement,to have and to hold for the Lease Term. ARTICLE IV LEASE TERM Section 4.01. Lease Term. This Agreement shall be in effect and shall commence as of the Commencement Date and will remain in effect throughout the Lease Term. The Lease Term will terminate upon the first to occur of: (a) the exercise by Lessee of the option to purchase the Equipment under Articles XI or VI;(b)Lessor's election to terminate this Agreement upon a default under Article XIII;(c)the payment by Lessee of all sums required to be paid by Lessee hereunder;or(d) the occurrence of an Event of Nonappropriation in accordance with Article VI,Section 6.05. ARTICLE V ENJOYMENT OF EQUIPMENT Section 5.01. Quiet Enjoyment. Lessor hereby agrees not to interfere with Lessee's quiet use and enjoyment of the Equipment so long as Lessee is not in default hereunder. Section 5.02. Use of the Equipment. Lessee will not install,use,operate or maintain the Equipment improperly,carelessly,in violation of any applicable law or in a manner contrary to that contemplated by this Agreement. Section 5.03. Rieht of Inspection. During the Lease Term, the Lessor and its officers, employees and agents shall have the right at all reasonable times during business hours to enter into and upon the property of the Lessee for the purpose of inspecting the Equipment. Section 5.04. Disclaimer of Warranties. LESSOR MAKES NO WARRANTY NOR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR ANY OTHER WARRANTY WITH RESPECT THERETO AND,AS TO THE LESSOR, THE LESSEE LEASES THE EQUIPMENT "AS IS". In no event shall the Lessor be liable for any loss or damage, including incidental, indirect, special or consequential damage, in connection with or arising out of this Agreement or the existence, furnishing, functioning or the Lessee's use of any items or products or services provided for in this Agreement. Section 5.05. Vendors Warranties. Lessee may assert claims and rights that the Lessor may have against any Vendor of any portion of the Equipment. ARTICLE VI RENTAL PAYMENTS Section 6.01. Rental Payments to Constitute a Current Expense of Lessee. The obligation of Lessee to pay Rental Payments hereunder is a current expense of Lessee and not a debt of Lessee in contravention of any applicable limitations or requirements, nor shall anything contained herein constitute a pledge of the general tax revenues,funds or monies of Lessee. Section 6.02. Interest and Principal Components. A portion of each Rental Payment is paid as interest,and the balance of each Rental Payment is paid as principal. Exhibit E hereto sets forth the interest component and the principal component of each Rental Payment during the Lease Term. Section 6.03. Rental Payments to be Unconditional. The obligations of Lessee to make Rental Payments,and to perform and observe the covenants and agreements contained herein, shall be absolute and unconditional in all events, except as expressly provided under this Agreement, notwithstanding any dispute between Lessee and Lessor,any Vendor or any other person. Lessee shall not assert any right of set-off or counterclaim against its obligation to make payments under this Agreement. Section 6.04. Continuation of Lease Term by Lessee. Lessee intends to do all things lawfully within its power to obtain and maintain funds from which the Rental Payments may be made. Section 6.05. Nonappropriation. If(a)sufficient funds are not appropriated for Rental Payments due in any fiscal year and(b)the Lessee shall have at such time no funds duly authorized for the Rental Payments or other amounts payable hereunder from other sources, an Event of Nonappropriation shall be deemed to have occurred. The Lessee shall promptly deliver notice thereof to the Lessor. Upon the occurrence of an Event of Nonappropriation, the Lessee agrees that the Lessor may reclaim possession of the Equipment. Lessee agrees peaceably to deliver the Equipment and title thereto to Lessor at a reasonable location specified by Lessor,all at Lessee's expense. Section 6.06. Non-substitution. If an Event of Nonappropriation occurs the Lessee hereby agrees, to the extent permitted by law and subject to applicable public policy, not to purchase, lease or rent equipment performing functions similar to those performed by the Equipment for a period of one year following the date of such event. ARTICLE VII TITLE TO EQUIPMENT; SECURITY INTEREST Section 7.01. Title to the Equipment. During the term of this Agreement, title to the Equipment shall vest in Lessee, subject to Lessor's oLessee.. \BW WJa\DoaumaRs\egnbq,doc Section 7.02. Security Interest. As security for its obligations hereunder Lessee grants to Lessor a security interest constituting a first lien on the Equipment and on all additions,attachments,accessions and substitutions thereto,and on any proceeds therefrom. Section 7.03. Liens and Encumbrances to Title. Lessee shall promptly discharge any liens placed on the Equipment other than those created by Lessor. ARTICLE VIII MAINTENANCE;MODIFICATION;TAXES;INSURANCE AND OTHER CHARGES Section 8.01. Maintenance of Equipment by Lessee. Lessee will, at Lessee's own cost and expense, maintain, preserve and keep the Equipment in good repair,working order and condition. If requested by Lessor,Lessee will enter into a maintenance contract for the Equipment with Vendor. Section 8.02. Taxes, Other Governmental Charges and Utility Charges. In the event that the use, possession or acquisition of the Equipment is found to be subject to taxation in any form (except for income taxes of Lessor), government charges or utility charges and expenses, Lessee will pay all such taxes and charges as they come due. Section 8.03. Provisions Regarding Insurance. At its own expense Lessee shall cause casualty, public liability and property damage insurance to be carried and maintained (and evidenced by certificates delivered to Lessor throughout the Lease Term) in the amounts and for the coverages set forth on Exhibit G, provided that the amount of casualty and property damage insurance shall not be less than the then applicable Purchase Price. All insurance proceeds from casualty losses shall be payable as hereinafter provided in this Agreement. Section 8.04. Advances. In the event Lessee shall fail to maintain the full insurance coverage required by this Agreement or shall fail to keep the Equipment in good repair and operating condition, Lessor may (but shall be under no obligation) to purchase the required policies of insurance and pay the premiums on the same or may make such repairs or replacements as are necessary and provide for payment thereof; and all amounts so advanced therefor by Lessor shall be repaid to Lessor,together with interest thereon at the rate specified hereafter. Section 8.05. Modifications. Equipment will be built to specification. After Final Acceptance, and with the prior written consent of the Lessor, Lessee may make material alterations,modifications or attachments to the Equipment. ARTICLE IX DAMAGE,DESTRUCTION AND CONDEMNATION;USE OF NET PROCEEDS Section 9.01. Damage,Destruction and Condemnation. If(a)the Equipment or any portion thereof is destroyed(in whole or in part)or is damaged by fire or other casualty or(b)title to,or the temporary use of the Equipment or any part thereof is taken under the exercise of the power of eminent domain, Lessee and Lessor will cause the Net Proceeds of any insurance claim or condemnation award to be applied either to the prompt repair,restoration, modification or replacement of the Equipment or,at Lessee's option,to the payment in full of the Purchase Price. Any balance of the Net Proceeds remaining after such work or purchase has been completed shall be paid to Lessee. For purposes of Article VIII, Section 8.03, and this Article DC, the term "Net Proceeds" shall mean the amount remaining from the gross proceeds of any insurance claim or condemnation award after deducting all expenses (including attorney's fees) incurred in the collection of such claims or award. Section 9.02. Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or replacement,Lessee shall either(a)complete the work and pay any cost in excess of the amount of Net Proceeds, or(b)Lessee shall pay to Lessor the Purchase Price. The amount of the Net Proceeds in excess of the then applicable Purchase Price,if any,may be retained by Lessee. ARTICLE X TAX COVENANT Section 10.01. Tax Covenant. It is the intention of the Lessee and the Lessor that the interest portion of the Rental Payments received by the Lessor be and remain exempt from federal income taxation. Lessee covenants that it will take any and all reasonable action necessary to maintain the exemption from federal income taxation of the interest portion of the Rental Payments, and that it will not intentionally perform any act or enter into any agreement or use or permit the use of the Equipment or any portion thereof in a manner that shall have the effect of terminating the exemption from federal income taxation of the interest portion of the Rental Payments,including(without limitation)leasing all or any portion of the Equipment or contracting to a third party for the use or operation of all or any portion of the Equipment if entering into such lease or contract would have such effect. ARTICLE XI OPTION TO PURCHASE Section 11.01. Purchase Rights. Lessee shall be entitled to purchase the Equipment: (a) upon payment in full of all Rental Payments in accordance with Exhibit E hereof and all other amounts due hereunder;or (b) Provided there is no Event of Default hereunder and upon written notice delivered at least 30 days in advance,Lessee may purchase the Equipment on any rental payment date by paying to Lessor the Rental Payment then due,together with the Purchase Price set forth in Exhibit E along with all other amounts then due hereunder. ARTICLE XII E:1BWinkler\Docume4\eq bq.do< ASSIGNMENT, SUBLEASING,INDEMNIFICATION,MORTGAGING AND SELLING Section 12.01. Assignment or Sale by Lessor. (a) This Agreement,and the obligations of Lessee to make payments hereunder,may be sold,assigned or otherwise disposed of in whole or in part to one or more successors, grantors, holders, assignees or sub-assignees by Lessor. Upon any sale, disposition, assignment or reassignment, Lessee shall be provided with a notice of said assignment. During the term of this Agreement,Lessee shall each keep a complete and accurate register of all such assignments in form necessary to comply with Section 149(a)of the Code. (b) Lessee agrees to make all payments to the assignee designated in the assignment, notwithstanding any claim, defense, setoff or counterclaim whatsoever(except arising from Lessor's breach of this Agreement)that Lessee may from time to time have against Lessor or Vendor. Lessee agrees to execute all documents, including notices of assignment and chattel mortgages or financing statements, which may be reasonably requested by Lessor or assignee to protect its interests in the Equipment and in this Agreement. (c) Lessee hereby agrees that Lessor may sell or offer to sell this Agreement(i)through a certificate of participation program,whereby two or more interests are created in the Agreement, the Equipment or the Rental Payments; or (ii) with other similar instruments, agreements and obligations through a pool,trust,limited partnership,or other entity. Section 12.02. No Sale, Assignment or Subleasing by Lessee. This Agreement and the interest of Lessee in the Equipment may not be sold,assigned or encumbered by Lessee without the prior written consent of Lessor. Section 12.03. Release and Indemnification Covenants. To the extent permitted by the laws and Constitution of the State,Lessee shall protect,hold harmless and indemnify Lessor from and against any and all liability,obligations, losses, claims and damages whatsoever,regardless of cause thereof except those resulting from Lessor's intentional or negligent acts and expenses in connection therewith, including, without limitation, counsel fees and expenses, penalties and interest arising out of or as the result of the entering into this Agreement,the ownership of any item of the Equipment, the ordering, acquisition, use, operation, condition, purchase, delivery, rejection, storage or return of any item of the Equipment or any accident in connection with the operation,use,condition,possession,storage or return of any item of the Equipment resulting in damage to property or injury to or death to any person. The indemnification arising under this paragraph shall survive the termination of this Agreement. ARTICLE XIII EVENTS OF DEFAULT AND REMEDIES Section 13.01. Events of Default. The following constitute"Events of Default"under this Agreement: (a) failure by the Lessee to pay any Rental Payment or other payment required to be paid hereunder when due;or (b) failure by the Lessee to maintain insurance on the Equipment in accordance with Article VHF Section 8.03 hereof,or (c) failure by the Lessee to observe and perform any other covenant, condition or agreement on its part to be observed or performed for a period of 30 days after written notice is given to the Lessee by the Lessor, specifying such failure and requesting that it be remedied; provided, however,that if the failure stated in such notice cannot be corrected within such 30-day period,the Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by the Lessee within the applicable period and diligently pursued until the default is corrected:or (d) initiation by the Lessee of a proceeding under any federal or state bankruptcy or insolvency law seeking relief under such laws concerning its indebtedness. The foregoing provisions of this Section are subject to the provisions of Article VI,Section 6.05,hereof. Section 13.02. Remedies On Default. Whenever any Event of Default shall have occurred and be continuing, the Lessor shall have the right,at its sole option without any further demand or notice,to take any one or any combination of the following remedial steps: (a) Terminate this Agreement and retake possession of the Equipment wherever situated, and sell or lease, sublease or make other disposition of the Equipment for use over a term in a commercially reasonable manner,all for the account of Lessor,provided that Lessee shall remain directly liable for the amount actually appropriated for the purchase or rental of the Equipment and unpaid by Lessee during the current fiscal year. Lessor shall apply the sale proceeds in the following manner: FIRSTLY, to pay all proper and reasonable costs and expenses associated with the recovery, repair, storage and sale of the Equipment, including reasonable attorneys'fees and expenses; SECONDLY, to pay the Lessor(i) the amount of all unpaid Rental Payments, if any, which are then due and owing, together with interest and late charges thereon,(ii)the then applicable Purchase Price(taking into account the payment of past due Rental Payments as aforesaid),plus a pro rata allocation of interest,at the rate utilized to establish the interest component for the Rental Payment next due, from the next preceding due date of a Rental Payment until the date of payment by the buyer,and(iii)any other amounts due hereunder; THIRDLY,to pay the remainder of the sale proceeds,purchase moneys or other amounts paid by a buyer of the Equipment,to the Lessee. (b) proceed by appropriate court action to enforce performance by the Lessee of the applicable covenants of this Agreement or to recover for the breach thereof,or (c) Use or retake such portion of the Equipment as the Lessor,in its sole discretion,may decide. All of the Lessee's right,title and interest in any Equipment the possession of which is retaken by the Lessor upon the occurrence of an Event of Default or Event of Nonappropriation shall terminate immediately upon such repossession. Section 13.03. Return of Equipment. Upon an Event of Default,Lessee agrees to allow Lessor to recover the Equipment at Lessee's sole cost and expense,in accordance with Article VI,Section 6.05. Section 13.04. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity. oLusern E BWinklalDocummis4gnbq_doc Section 13.05. Late Charge; Interest on Late Payment. Any Rental Payment not paid on the due date thereof shall bear a late charge equal to two percent (2%) of the amount of the past due Rental Payment, but in no event less than $100.00. Any unpaid Rental Payment or other amount payable by Lessee to the Lessor hereunder,shall bear interest at the lesser of(a)the rate payable on the principal portion of the Purchase Price, plus five full percentage points per annum,or(b)the maximum rate allowed by law. Section 13.06. Force Majeure. If by reason of force majeure Lessee is unable in whole or in part to carry out its agreement on its part herein contained, other than the obligations on the part of Lessee contained in Article VI and Article VIII Section 8.03 hereof, Lessee shall not be deemed in default during the continuance of such inability. The term "force majeure" as used herein shall mean, without limitation, the following: acts of God, strikes, lockouts or other industrial disturbances;act of public enemies,orders or restraints of any kind of the government of the United States of America or the State or any of their departments, agencies or officials, or any civil or military authority; insurrections; riots; landslides; earthquakes;fires;storms;droughts;floods;or explosions. ARTICLE XIV MISCELLANEOUS Section 14.01. Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail,postage prepaid,to the parties at the addresses set forth on the first page hereof. Section 14.02. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns. Section 14.03. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction,such holding shall not invalidate or render unenforceable any other provision hereof. Section 14.04. Amendments. All amendments hereto must be in writing. Section 14.05. Execution in Counterparts.This Agreement may be executed in several counterparts. Section 14.06. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State. Section 14.07. Captions. The captions or heading in the Agreement are for convenience only and no way define,limit or describe the scope or intent of any provisions or sections of this Agreement. Section 14.08. Entire Agreement. This Agreement constitutes the entire agreement between Lessor and Lessee. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing signed by both parties, and then such waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. There are no understandings,agreements, representations or warranties, express or implied, not specified herein regarding this Agreement or the Equipment leased hereunder. Any terms and conditions of any purchase order or other document(with the exception of Supplements)submitted by Lessee 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 Lessor and will not apply to this Agreement. Lessee by the signature below of its authorized representative acknowledges that it has read this Agreement,understands it and agrees to be bound by its tenns and conditions. ARTICLE XV-DEFEASANCE Section 15.01. Defeasance. The Lessee's obligation to pay the Purchase Price will be deemed to be paid and the Lessee's obligations under this Agreement will be discharged and satisfied upon the deposit by the Lessee with the Lessor of(a)moneys sufficient to pay the Purchase Price or(b) obligations which are directly insured or guaranteed by the United States or, with the prior written consent of the Lessor, any other obligations in which any sinking fund for bonds issued by the Lessee may legally be invested,the principal of and interest on which when due will provide sufficient moneys for such payment. IN WITNESS WHEREOF,Lessor has executed this Agreement in its corporate name,attested by its duly authorized officers,and Lessee has caused this Agreement to be executed in its corporate name, attested by its duly authorized officers on this day of All of the above occurred as of the date first written on the heading hereof. LESSOR:LEASOURCE FINANCIAL SERVICES By: Thomas L Cadle,Principal LESSEE: VILLAGE OF TEQUESTA By: Name: Thomas G. Bradford Title: Village Manager E:\BW iriklaiDoavmaYs\egibq.doe EXHIBIT A RESOLUTION OF GOVERNING BODY EXTRACT OF MINUTES Lessee: VILLAGE OF TEQUESTA Date of Agreement: At a duly called meeting of the governing body of VILLAGE OF TEQUESTA(the"Lessee"),held on the day of the following resolution was introduced and adopted. RESOLVED,whereas the governing body of Lessee has determined that a true and very real need exists for the acquisition of the Equipment described in the Municipal Lease and Option Agreement(the"Lease")with Leasource Financial Services.(the"Lessor")presented to this meeting. Lessee has determined that it is necessary, desirable and in their best interest to enter into the Lease for the purposes therein specified, and the execution and delivery are hereby approved,ratified and confirmed,and WHEREAS,the governing body of Lessee has taken the necessary steps,including any legal bidding requirements,under applicable law to arrange for the acquisition of such Equipment.Lessee designates and confirms that persons executing this Lease are authorized to execute,deliver and witness any and all related documents necessary to the consummation of this Lease. NOW,THEREFORE BE IT RESOLVED that: a. the governing body of Lessee hereby represents that this Lease is to be a"qualified tax-exempt obligation"pursuant to Section 265(bX3XC)of the IRS Code of 1986(the"Code")as amended;and The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect and further certifies that the above and foregoing Municipal Lease and Option Agreement is the same as presented at said meeting of the governing body of Lessee. Lessee: VILLAGE OF TEQUESTA By: Name:Thomas G. Bradford Title:Village Manager Date: %Lessen E:\B W vJcl er\Documets\u¢ibq doe EXHIBIT B OPINION OF LESSEE'S COUNSEL (Please furnish this form on Attorney's Letterhead) Lessee: VILLAGE OF TEQUESTA Date of Agreement: Gentlemen: As counsel for VILLAGE OF TEQUESTA ("Lessee"), I have examined duly executed originals of the Municipal Lease and Option Agreement (the "Agreement") dated , between Lessee and Leasource Financial Services. ("Lessor"), and based upon the examination and upon such other examination as I have deemed necessary or appropriate,I am of the opinion that: 1. Lessee is a public body corporate and politic,legally existing under the laws of the State of Florida. 2. The Agreement has been duly authorized, executed and delivered by Lessee, pursuant to constitutional, statutory and/or home rule provision which authorizes this transaction and the Resolution,attached as Exhibit A to the Agreement. 3. The Agreement is a legal, valid and binding obligation of Lessee, enforceable in accordance with its terms. In the event the Lessor obtains a judgement against Lessee in money or damages,as a result of an event of default under the Agreement,Lessee will be obligated to pay such judgement. 4. Applicable public bidding requirements have been complied with. 5. To the best of my knowledge,no litigation is pending or threatened in any court or other tribunal,state or federal,in any way questioning or affecting the validity of the resolution or the Agreement. 6. The signatures of the officers of Lessee which appear on the Agreement are true and genuine;I know said officers and know them to hold the offices set forth below their names. Respectfully submitted, Counsel «Lessee» E:\BWideler1Documws bgdoe r EXHIBIT C CERTIFICATE OF LESSEE I, the undersigned, am a duly authorized officer and acting Village Clerk of the named Lessee under that certain Municipal Lease and Option Agreement dated , with Leasource Financial Services as Lessor (the "Agreement") hereby certify as follows and in accordance with the requirements of the Agreement. Capitalized terms used herein have the same meaning as in the Agreement: A. INCUMBENCY OF OFFICERS AND SIGNATURES: I have custody of the records of Lessee and the following officers of the Lessee are duly elected or appointed and hold the office or title set forth opposite each individual's name, and the signatures opposite their names are true and correct,and where required,have been filed with the appropriate officials of the State,and each such individual has the authority to enter into the Agreement on behalf of the Lessee: The person executing documents is: By: Thomas G.Bradford,Village Manager B. ESSENTIAL USE: 1. The Equipment will be used by the Lessee for the following governmental purpose of: 2. The Equipment is essential for the functioning of the Lessee and is immediately needed by the Lessee. Such need is neither temporary nor expected to diminish during the Lease Term. The Equipment is expected to be used by the Lessee for a period in excess of the Lease Term. C. CERTIFICATE OF APPROPRIATIONS: 1. Monies for all rental payments to be made under the Lease for the fiscal year ending are available from unexhausted and unencumbered appropriations and/or funds within Lessee's budget for such fiscal year; and that appropriations and/or funds have been designated for the payment of those rental payments that may come due under the Agreement in such fiscal year. This Certificate is based upon facts,circumstances,estimates and expectations of the Lessee as of the date on which the Agreement was executed, and to the best of my knowledge and belief, as of this date, such facts, circumstances and estimates are true and correct and such expectations are reasonable. IN WITNESS WHEREOF,I have executed and delivered this certificate as of the day of By: Joann Manganiello, Village Clerk aLesseco E:\BW olicic\Documen s\conbq.doc EXHIBIT D DESCRIPTION OF THE EQUIPMENT OTY DESCRIPTION 1 One Ton Crew-Cab, 4X4 Pickup Truck VIN: VILLAGE OF TEOUESTA By: Name:Thomas G Bradford, Village Manager "�sn" E'.\BW4ikla\Documents\cgibgdoc a Exhibit E AMORTIZATION SCHEDULE Event Start Date Amount Number Period End Date 1 Loan 12/27/1999 27,674.00 1 2 Payment 12/27/1999 10,111.63 3 Annual 12/27/2001 AMORTIZATION SCHEDULE - Normal Amortization Date Payment Interest Principal Balance Loan 12/27/1999 27,674.00 1 12/27/1999 10,111.63 0.00 10,111.63 18,735.28 1999 Totals 10,111.63 0.00 10,111.63 2 12/27/2000 10,111.63 1,746.36 8,365.27 9,607.25 2000 Totals 10,111.63 1,746.36 8,365.27 3 12/27/2001 10,111.63 914.53 9,197.10 0.00 2001 Totals 10,111.63 914.53 9,197.10 Grand Totals 30,334.89 2,660.89 27,674.00 VILLAGE OF TEQUESTA By: Name:Thomas G Bradford Title: Village Manager .la,m. EAB W i'Jc keDocummts\egi6q doc a EXIIIBTT F ACCEPTANCE CERTIFICATE To Lessor: Leasource Financial Services. In accordance with the terms of the Municipal Lease and Option Agreement dated , (the"Lease")between Leasource Financial Services.("Lessor"),and the undersigned("Lessee"),Lessee hereby certifies and represents to,and agrees with,Lessor as follows: 1. The Equipment,as such term is defined in the Lease,has been delivered and installed at the Equipment Location specified in Exhibit D- Description of the Equipment to the Lease and accepted on the date indicated below. 2. Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes. 3. No Event of Default, as such term is defined in the Lease,and no event which with notice or lapse of time, or both,would become an Event of Default,has occurred and is continuing at the date hereof. 4. Number of Payments: 3 5. Payment Mode: Annual Payments in Advance 6. Payment Amount: $10,111.63 Lessee: VILLAGE OF TEQUESTA By: Name: Thomas G.Bradford Title: Village Manager Acceptance Date: ,2000 “Lesem, E:\BW inklelDocvme is\eqaq.doc r EXHIBIT G INSURANCE COVERAGE REQUIREMENTS TO: Leasource Financial Services. FROM: VILLAGE OF TEQUESTA SUBJECT: INSURANCE COVERAGE REQUIREMENTS 1. In accordance with Article VIII, Section 8.03 of the Agreement, we have instructed the insurance agent named below(please fill in name, address and telephone number) to issue: a. All Risk Physical Damage Insurance on the leased equipment evidenced by a Certificate of Insurance and Long Form Loss Payable Clause naming Leasource Financial Services.as loss payee. Coverage Required: Full Replacement Value b. Public Liability Insurance evidence by a Certificate of Insurance naming Leasource Financial Services. and/or its assigns as an Additional Insured. Minimum Coverage Required: $500,000.00 per person $500,000.00 aggregate bodily injury liability $100,000.00 property damage liability OR (check one) 2. Pursuant to Article VID,Section 8.03 of the Agreement, we are self-insured for all risk,physical damage,and public liability and will provide proof of such self-insurance in letter form together with a copy of the statute authorizing this form of insurance. 3. Proof of insurance coverage will be provided prior to the time that the equipment is delivered to us. Lessee: VILLAGE OF TEOUESTA By: Name: Thomas G. Bradford Title: Village Manager Dated: ,2000 uUmme.. EVBWInkklADocuma ukaprbgdoc EXHIBIT H NOTICE AND CONSENT TO ASSIGNMENT Leasource Financial Services(the"Lessor")hereby gives notice to VILLAGE OF TEQUESTA(the"Lessee")that Lessor will assign all rights,title and interest in the Lease and Option Agreement(the Lease")dated as of Lessor hereby gives notice and instructs Lessee that subsequent payments which come due pursuant to the Lease are to be paid to Lessor's assignee. The Agreement has been assigned to: All payments due under the Lease should be made to the Assignee at: Please acknowledge your acceptance of the assignment,and your agreement to make payments due under the Lease directly to the Assignee by the signature of a duly authorized officer in the space provided below,and return this with the Lease attached. Lessee hereby agrees to the assignment of the Lease. Lessor: Leasource Financial Services. By: Thomas L Cadle,Principal Acknowledged and accepted: Lessee: Village of Tequesta By: Thomas G.Bradford,Village Manager Date: ,2000 «Lessees E:\BWinklaTocuments\exp6gdoc • Form 8038-GC Consolidated Information Return for Small Tax-Exempt Governmental Bond Issues, Leases and Installment Sales OMB No. 15450720 (Rev.October 1989) ►Under Section 149(e) ►For calendar year ending19 Expires 05/31192 Department of the Treasury Internal Revenue Service (Use Form 8038-G if the issue price of the issue is$100,000 or more.) Part I Reporting Authority Check box if Amended Return ► (] 1 Issuer's name 2 Issuer's.employer identification number VILLAGE OF TEQUESTA 59 604 4081 3 Number and street 357 Tequesta. Drive 4 City or town,state,and ZIP code Tequesta, FL 33469-0273 Part II Description of Obligations 5 Total issue price of all small tax-exempt governmental obligations issued during the calendar year. . 5 r/6 Check the box that most nearly approximates the weighted average maturity of the obligations: r,/,' /�ia / // ❑ Less than 5 years ��b ❑ From 5 to 10 years / /, ,%// c ❑ More than 10 years / //�/////// 7 Check the box that most nearly approximates the weighted average interest rate on the obligations: /// •!'j ' ~��%� a ❑ Less than 5% i//✓/ b 0 From 5%to 10% ' //7,/,(6//,% ',, c ❑ More than 10% /� ��r 8 Total issue price of the obligations reported on line 5 that are: ��/, ///�%� /i/�/// ,� a Obligations issued in the form of a lease or installment sale 8a 27 ,674 . 00 b Obligations designated by the issuer under section 265(b)(3)(B)(i)(Ill) 8b I c Obligations issued to refund prior issues Sc d Loans made from the proceeds of another tax-exempt obligation 18d I Under penalties of perjury,I declare that I have examined this return and accompanying schedules and statements,and to the best of my knowleage and belief, Please they are true,correct,and complete. Sign Here Village Manager Signature of officer Thomas G. Bradford Date 'Type or print name and title General Instructions If you have comments concerning the Who Must File accuracy of this time estimate or (Section references are to the Internal suggestions for making this form more Each issuer must file Form 8038-GC for all Revenue Code unless otherwise noted.) simple,we would be happy to hear from tax-exempt governmental bonds, leases and you. You can write to either the Internal installment sales issued during the calender Paperwork Reduction Act Notice year,with an issue price of less than Revenue Service,Washington, DC 20224, We ask for this information to carry out the Attention: IRS Reports Clearance Officer, e each issue Form 80m G is obligationsfiled to report Internal Revenue laws of the United States. T:FP;or the Office of Management and issue of governmental with We need it to ensure that you are complying Budget, Paperwork Reduction Project issue prices of$100,000 or more. with these laws.You are required to give us (1545-0720),Washington,DC 20503. When To File this information. Item You Should Note The time needed to complete and file this File Form 8038-GC on or before February form variestim depending individual a al A governmental unit is required to file this 15th after the close of the calendar year in circumstances.The estimated average time form for all small tax-exempt governmental which the issue is issued. Form 8038-GC obligations on which it pays interest.These must be completed based on the facts as of is: obligations include bonds,leases and the close of the calendar year. Recordkeeping . . . . 3 hrs.,21 min. installment sales. Late filing.—A Form 8038-GC filed after Learning about the Purpose of Form the due date may be granted an extension law or the form 1 hr.,34 min. Form 8038-GC is to be used by issuers of of time to file under section 3 of Rev. Proc. Preparing the form. . . 2 hrs., 37 min. tax-exempt governmental obligations to 88-10, 1988-1 C.B.635, if it is determined Copying,assembling, and provide IRS with the information required by that the failure to filein a timely manner is pY g' section 149(e)and to monitor the not due to willful neglect.A late Form sending the form to IRS .16 min. requirements of sections 141 through 150. Form 8038—GC (Rev 10-89) LEASOURCE FINANCIAL SERVICES 1000 River Rock Drive, Suite 218, Folsom, CA 95630 Ph: (888) 988-6523 Fax: (916) 988-3931 Memorandum DATE: December 27, 1999 TO: Sandra Durbin FROM: Larry Kennedy SUBJECT: Lease Documents Attached are the Lease documents for the new pick-up truck. To eliminate any possible confusion, the signature lines include the name(s) of the appropriate parties and title right below. Nonetheless, call if you have questions. Exhibit E (Amortization Schedule) was dated the day I prepared the documents. We will prepare a final one commencing the date you accept the new vehicle. The one included is for illustration purposes at this point. Financial Statements Please forward the latest two fiscal year end financial statements for the Village at your convenience. And please complete the attached Essential Use Form. Thanks.....and Happy New Year! ESSENTIAL USE INFORMATION LESSEE: VILLAGE OF TEQUESTA ADDRESS: 357 Tequesta Drive CITY: Tequesta ST: Fl Zip: 33469-0273 CONTACT: James M Weinand, Fire Chief Ph: (561) 575-6250 FOR BILLING: Same Date of municipal incorporation FYE FYE FYE 1998 1999 2000 Population (within Town, Service Area, Dist) Assessed Valuation (if available) QUESTIONS: 1. How will the new Equipment be utilized? 2. Is the new Equipment replacing an existing installation? Yes No: . 2. If so, how old is the Equipment being replaced? years. 4. How will the new Equipment enhance the existing function of your department? 3. What is the source of funds for repayment of the lease obligation? 6. The appropriations for this project has been: submitted approved: 7. What, if anything, would prompt your agency to dispose of or replace the Equipment prior to the end of the lease? 8 Has your agency ever terminated a lease due to non-appropriations? Yes no 9. Are you bank-Qualified during 2000 (will you borrow more or less than$10,000,000.00 in total new borrowing during the calendar year?) More Less 10.Y2K Issues: a. Does Village of Tequesta have a critical reliance upon automated systems or computer accessed databases (including inventory control, accounts payable and receivables and other data transmission)? Yes No Comment: b. Does Village of Tequesta rely upon customized or proprietary software to operate on a day to day basis? Yes No: Comment: c. To the best of your knowledge, do you think Village of Tequesta is vulnerable to operations threatening difficulties due yo Y2K caused failures of suppliers, associated companies or governments, or other organizations close to Village of Tequesta? Yes: No: Comment: d. Does Village of Tequesta anticipate significant difficulty in operations as of January 1, 2000 because of Y2K failure of its computer systems? Yes: No: Comment: e. Has Village of Tequesta identified Y2K vulnerability caused by imbedded chips in equipment such as heating, ventilating and air conditioning equipment,elevators, security systems or other equipment? Yes: No: Comment: f. Has Village of Tequesta developed a comprehensive plan for Y2K compliance and committed sufficient financial and human resources to successful implementation of the plan? Yes: No: Comment: General Comments: LESSEE: VILLAGE OF TEQUESTA By: Thomas G Bradford, Village Manager • memorandum TO: THOMAS G. BRADFORD, VILLAGE •GER FROM: JAMES M. WEINAND, FIRE CHIE SUBJECT: PURCHASE OF A FIRE DEPA- T UTILITY VEHICLE DATE: 1/5/00 Attached you will find the State of Florida Bid Contract #070-644-020 for the purchase of one- tone utility vehicle, which was budgeted in this year. The award went to Maroone Chevrolet of Pembroke Pines, Florida for the amount of$27, 674.00. In order to purchase this vehicle on a lease purchase program, as proposed, I obtained three (3) quotations for this purpose. The lowest bidder was Leasesource Financial Services of Folsom, California. Please see the attached quote sheet. I have also enclosed a resolution on this subject matter and if you see that the information is appropriate, please forward such to the next Village Council meeting for their consideration. If you have any questions or concerns, please do not hesitate to contact me. JMW/sd Attachments VILLAGE OF TEQUESTA P.O.BOX 3273 TEQUESTA, FLORIDA 33469 DEPARTMENT OF F-I? - REscc)( INTER-DEPARTMENTAL COMMUNICATION VILLAGE OF TEQUESTA REQUEST FOR QUOTATION (THIS IS NOT AN ORDER) This Request for Quotation Form must be used for purchases of$1,000-$4,999.99 Prices quoted must be F.O.B.Destination REQUISITION NO.: DEPT: Qr-IPk"SGv& DATE: /L.//7//999 DATE DELIVERY REQUIRED: REPLY NO LATER THAN: DESCRIPTION: (IF DESCRIPTION IS IN ACCORDANCE WITH REQUISITION STATE SO) 77/75 IS Fv,Q .2—A./rFX6 7 O t J ,4-c.0.9,1 7 Pv/O b (l) cwr 7z)A/ P'eK u,D 7tvci< w,TN eterki C,f6 1'-27,G7l oo flora SyS!.-r2' of R.. ( r Ado7D- -oho VENDOR NAME UNIT TOTAL DELIVERY COMMENTS PRICE 1. Lr4Sou2Cr -50* / .2,GGo.fry iJtiTRr 3-,#Mils.-r 47 /o, iii,cs Qu°�� 3o,,3y.&9-.27, .7c/. co A,G4o ir9 e c LE,ts,�c / 9,YGl.00 " '� 3-p*m T Ar io, s�ts,vo 2. epuo � 4I,11,/oo 3. r-/Drum Gc4Eit4t. / 3,201.7G Vd 64t_ 34.. Arimp 73 or8.57.G4. QuOiF 301 $7St.74- .'t7,G 7V.oo /3,. o/- 7G ORDER PLACED WITH: LEASOtidCE f/l/7',-dPI?C SerNN ij P.O.NO.: DATE: REASON ORDER PLACED WITH SUCCESSFUL VENDOR: LOWEST PRICE SOLE SOURCE ❑ BEST DELIVERY 0 QUALITY ❑ LOCAL VENDOR ❑ OTHER ❑ Cul Memorandum To: Connie Holloman, Finance Dire .tb"From: James M. Weinand, Fire Chief Date: December 28, 1999 Subject: Lease documents Attached please find Lease documents provided by Leasource Financial Services for the purchase of a new pick-up truck. I anticipate the Village Council to consider this Lease at their January 13th, 2000 meeting. Please review this Lease documents and if you have concerns please let me know. I have sent this document to Skip for legal review and anticipate response by January 4th, 2000. Also, please provide me with any data you may have in regards to the information requested on the questionnaire that relates to the Village or Finance. Thanks in advance for your assistance. Should you have any questions or concerns, please let me know. JMW/sI Attachment cc: Thomas G. Bradford, Village Manager * 46$ * F�ORIDP Fax T &won_ To: John C. Randolph, Esq From: James M Weinand, Fire Chief Fax: 832-1454 Pages: 3, including this page Phone: 659-3000 Date: 12/27/99 Re: Attached Resolution CC: 0 Urgent 0 For Review ❑ Please Comment 0 Please Reply 0 As Requested a Comments: Skip, Mr. Bradford asked me to have you review this proposed resolution. Our main concern is! Is it proper to have both items covered one resolution since they are contingent with each other, or should we make them two separate resolutions? Please let me know as soon as possible because they need to be prepared and ready to the January Agenda packet. My deadline for submission is January 5, 2000. P.O. Box 3273**Tequesta, Fl.33469**Voice(561)575-6250**Fax(561)575-6239 JONES FOSTER Flagler Center Tower,Suite 1100 Mailing Address JOHNSTON 505 South Flagler Drive Post Office Box 3475 Q� STUBBS n ^1.I1. West Palm Beach,Florida 33401 West Palm Beach,Florida 33402-3475 C7� DJ/ Telephone(561)659-3000 Facsimile(561)832-1454 Attorneys and Counselors John C.Randolph,Esq. TEQUESTA Direct Dial: (561)650-0458 FIRE RESCUE E-mail:jrandolph@jones-foster.com DEC 2 91999 December 28, 1999 VIA FAX: 575-6239 ADMINISTRATION James M. Weinand, Fire Chief Village of Tequesta Department of Fire-Rescue Post Office Box 3273 Tequesta, Florida 33469-0273 RE: Village of Tequesta Our File No. 13153.1 Dear Chief Weinand: This is in response to your fax of December 27, 1999. It appears to me that the Resolution incorporating both items is appropriate,particularly since the purchase is contingent upon the three year lease agreement. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. John C. Randolph JCR/ssm EST. FILE COPY ‘B9J f TEQUESTA FIRE-RESCUE Rionto Phone: (561) 575-6250 • Fax: (561) 575-6239 James M.Weinand,Fire Chief December 28, 1999 John C. Randolph, Esq. Jones, Foster, Johnston and Stubbs, P.A. PO Box 3475 West Palm Beach,FL 33402-3479 Subject: Lease Documents Dear Skip: Attached you will find the Lease documents provided by Leasource Financial Services for the purchase of a new pick-up truck. I anticipate the Village Council to consider this Lease at their January 13, 2000 Village Council meeting. Please review this Lease for legal form and sufficiency and respond back to me in writing prior to January 4th, 2000. Please note that Exhibit B of this Lease must be furnished on your letterhead. If you have any questions or concerns,please do not hesitate to contact me. Sincerely, 1111, d /4' ames M. einand Fire Chief JMW/sd Attachments Post Office Box 3273 • 357 Tequesta Drive • Tequesta, Florida 33469-0273