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Resolution 2011-090 RESOLUTION NO. 2011 - 90 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING, AND AUTHORIZING ITS CHAIRMAN TO EXECUTE AND DELIVER A MASTER LEASE AGREEMENT, EQUIPMENT AND RELATED INSTRUMENTS IN CONNECTION WITH THE LEASE/PURCHASE ACQUISTION OF A REPLACEMENT WATER TENDER PUMPER FOR THE OCHOPEE FIRE CONTROL DISTRICT WHEREAS, the Board of County Commissioners for Collier County, Florida ("County") desires to obtain a replacement Water Tender Pumper for the Ochopee Fire Control District; and WHEREAS, the replacement Water Tender Pumper is essential for the County to perform its governmental functions; and WHEREAS, the County has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and WHEREAS, the County, as Lessee, proposes to enter into the Lease with Leasing 2, Inc. ("Lessor"), with terms and conditions as per the proposal from Leasing 2, Inc. dated April 20, 2011, with mutually agreeable contracts to be subsequently executed by County and the Lessor. NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY AS FOLLOWS: Section 1. It is hereby found and determined that the proposed terms of the Lease are in the best interests of County for the acquisition of the Equipment. Section 2. The Chairman of the Collier County Board of Commissioners is authorized to execute the Leasing 2 Proposal, such other related documents, and any subsequent final Lease Agreement, subject to review and formal approval by the County; and to deliver such Lease documents with any changes, insertions and omissions therein as may be approved by the County. Section 3. The Chairman 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 Lease documents. Section 4. Pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended (the "Code"), Lessee hereby specifically designates the Lease as a "qualified tax- exempt obligation" for purposes of Section 265(b)(3) of the Code. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this 02 ~K day of May, 20 II. . ,_ ~ -Ii r" .. ~ ~ ,', , .()":). a04~1 An:;E.~l\ ........~..{} L7 D.Wl~~1jIE~!WC.~1;Clerk :: ;.:~!/i(.....-J \'0..'~ "'( ;' BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~ot;:.~~ B)I.:;:..... ., It-;M,,:., _..q~, "',,~,_:~,:_\)'}~;._~:,'J. ~ 1-. . . " ~ A'W.:...;....\~t ~.' ""j~ . ....brt OCh ~ tli ktL;legm sufficiency Scott R. Teach, Deputy County Attorney 2 . leasing ;2 ~ Collier County Board of Commissioners ~ Hall-Mark Fire Apparatus Chris Hall Proposal Date: Equipment Description: Commencement Date: Equipment Cost: lessee Down Payment: Amount Financed: lease Term: First Payment Date: Payment Frequency: Lease Rate: Payment Amount: Payment Factor: April 20, 2011 E-One 2500g Tanker November I, 2011 Ootion 1 $235,588 $235,588 10 Years 11/1/2012 1 I year 4.45% $29,702.39 0.12608 The information contained in this lease quote is privileged and confidential. Anv communication ollhis informal/on in whole or in Dart is orohlbited. Qualifications: ,. fdloImli This Is a lease proposal lor lhe paymenl stream(s} Indicated above. If any olthe Information identified above are not correct, please advise us so that we can determine if a new proposal Is required. Other Important elements 01 this proposal are: a} Rate Exolratlon: This rate will be indexed to mlllket conditions until delivefy. The firsl annual payment will be due one Yeal alter deli\lef)'. b} Closlna Costs: There will be no up-fronl costs ol any kind charged by lessor Including closing costs, points, administrative costs, etc. Your allorney may charge you to review Ihe lease documents and complete Ihe opinion letter required with our lease documentation. c} TVDe of Lease: This is a lease-purchase type oIl1nancing. Aller all the lease payments are made. lessee will own the equipment wilhout further cost. d} Fixed Rates: Unless olhetwise noled, the Inlerest rates in this proposal are fixed for the entire term. e} Vendor Pavable I Escrow Accountlwhere aDDllcable\: In the event Ihal Ihe truck(s} and/or equipment are not ready to be delivered, proceeds olthis lease will be held In a vendor payable account until deliveryfacceplance, This is a non.interest beating account to lessee, l} Bank QuaUfled: lessee shall certify that It has not designaled, and does not reasonably anticipate designating, more than $10,000,000.00 01 obligations during the calendar year Ihat the proposed lease is executed. 2, Credit ADDroval and Documental/on: This Is a proposal only, and does not represent a commilment to lease. This financing is subject to credit review and approval and execution 01 mutually acceptable documentation, including the opinion 01 lessee's counsel opining thai the agreement is legal, valid and binding, and qualified as a tax exempt obligation under the tax reform act 011986 as amended. Leasing 2, Inc. BY: Brad Mevers (via email or facsimile) Phone: 800.287-5155 Fax: 813-258-9333 MEMBER --- ASSOCIATION OF GOVERNMENTAL lEASlHG & ffiANCE DATE: Aoril20. 2011 VISIT OUR WEBSITE: www./easing2.com REQUEST TO PROCEED: When you are ready to proceed and woukllike to move towards finalizing this lease, please acknowledge that you have reviewed this entire proposal and understand lis contents and thai you have awarded Ihls business to Leasing 2, Inc. by compleling this seclion c( the proposal and laxing i1to Leasing 2. We will immediately lax you "next step- instructions. In the event Lessee refuses to finalize this transaction once this "Request to Proceed" has been signed and received by Lessor, Lessee agrees to pay Lessor $500.00 in order to cover costs incurred by Lessor as a result 01 receiving this -Request To Proceed" from Lessee. We appreciate your confidence and consideration. last month of your budget year: Proposal date: April 20, 2011 Upcoming Governing Body meeting date for lease approval: Option Chosen: (where applicable) Fred W. Coyle Printed Name Of Authorized Signature Alan McLaughlin Contact Name (If Different Than Authorized Signature) rnclaughlinalan@colliergov.net Contact E-Man Address ommissioners 5 /2.CR 11/ Date Chairman Title Contact Phone Contact Fax Do you prefer e-mail or fax? ernail Please complete the above information and fax all pages of the proposal to 813-258-9333. In the event that you require board action to sign this proposal, please call us so that we may forward the preferred form of Resolution for your convenience. BY.. ~ ( ";.~'/.._aIa ._tn'''"f.~:~' " I. -':r,:'I,,"..... "" <'":;)~ if . ~ t5 J f-,oJ 2 \. I l , \ \. \ \. 'II. C'}, lIlt f ~ .. I I I I i 1 'lit . il II, \lJ, " 1.1 ;. (."~ '11, I...!l' r.' f ':P!I f ,.tl Flr~ AUI111l'l1lus 1'1'01105\11 and AlD'\:cll1clIt 4-15-2011 To: Ochopre Fh~ Control D1~trirl ApparAtus Pa'Oposed: One (1) E-ONE 25UU Gllllon TAnl,cl' built on nnlnICI1\\1t1onal 7-100 1 door chassis lIeI' 'IUnched fnclory components lisl, The 1Init mil bc NFPA 1901 compllnnllo currcnl shmdllrds. The Ih~llarlllleollll responsible rOl'nllloosc equipment required Ilcr NFPA. The ,'chlde 1lIIIrolloscd lIslng .he Flol'lda SbcaifT's Assoclntlon purdu15lng ngr~ml'nl, . FSA Did II 09-0907 SllccUlI Dase Model Did . Additional Opllon5 And 1I11grades selecled by FD: . Cosl or Allparatus : . LcSlI Trade In or 1990 WAlkcr SIB TRnl"!I' . Total Cosl or Allllarntus 5207.566,00 S 38,022,00 52-15,588,00 S -10.000,00 5235,588.00 Delh'cl"}': Allpl'Oxlmntel)' 120 cU}CJ1Illll' dnys "ftel' recellll of ordered c".usts. I~,O.D,: OdIUIW~, Flor..lll Tel'lUs or IlaYllllml: C,O, D, unll:" Ic.ulog 011 lion I! utilized. /'" ,/ t/ PrOllosnl Pricc Explmtlon: 5-31-201 I (J Beulel'lInthurlzed slgnatur" //-- .. TypedlPtinted : Jim nnll (:' Titlc: Pn~sldenl . Dille: -I-1S-2011 AtCC"lted: P""h.,.."...,o<,, ~ w. 7 T)1le.I/ Paintell Fred W. Coy Ie Chairman 1),lIe: ",,,-'CIUR~ AlTE~~:':""~:':"/"~:{" ," ~tQlf~RgCi(~1-eRK ~ ; : ...t"---,' /';, ,,-- -,'-. oj,. ~"~' e, __~t.. --to'~h '~a'"~~; .,;:.._..' II.'..,..,/' ,~i,:~,'. , ." Tille: .-; 1\ \." hall"lI;III,liJ ",llllll I ,\lllil: illtlll' hIll "Ill II III" "'''" ~-GN9 \..fll,."u.I II. .,1. , As:i-P4--:<~ Deputy County Attorney