ORDER N0.28919 LEASE OF 4 NEW CARS FOR SHERIFF'S OFFICE. Came to be heard this the 22day of November 2004 with a motion made by Commissioner Williams seconded by Commissioner Nicholson. The Court unanimously approved by vote of 4-0-0 the lease of 4 patrol units and authorize the Judge to sign the lease, and approval of $35,983.11 the first years lease payments as budgeted. ~ ~' 1~9 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: W.R. Hierholzer MEETING DATE: November 22, 2004 OFFICE: Kerr County Sheriffs Office TIME PREFERRED: SUBJECT: Consider and discuss approval of lease of 4 new Sheriff's Office patrol units and authorize County Judge to sign same, and approval of first year's lease payments as budgeted. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Sheriff ESTIMATED LENGTH OF PRESENTATION: 2 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. Sce Agenda Request Rules Adopted by Commissioners' Court. November 22, 2004 TO: Kerr County Judge Pat Tinley and Kerr County Commissioners' Court FROM: Sheriff W.R. Hierholzer RE: Lease Payment Consider and discuss approval of first payment of $35,983.11 on 4 new cars for Kerr County Sheriff s Office. 11~'16i2E~04 11: ~3 83Ei-?92-238 KERB COUNT)' AUDITOR PAGE. Q1 NO'J 16 2904 12 ~ 17 FR F~RU MUNICIPAL 313 390 3''83 TO 9183L~?322238 P . 0r/02 INVOICE November 18, 2Q04 LESSEE: Kerr Gounty T Sheriff's Office 70a Main Street K mrilie, TX 78028-~ 3~6 _ ~~ REMIT PAYMENT TO' FORD MOTOR CREDIT COMPANY MUNICIPAL FINANCING P. ©. BOX 1739 ~ DEARBORN, MI 4$121 PLEASE RETURN A COPY pF THIS INVOICE WITH YOUR PAYMENT ACCOUNT PAYMENT DESCRIPTION PAYMENT NUMBER DUE DATE AMOUNT 64505()8 t '! 1/23104 4 - 2U05 Ford Crown Victoria Po{ice Interceptors $35,983.11 S.N.: 2FAFP71 W5X 11141 S 2FAFP71 W5X711420 2FAFP71 W5X111R18 2FAFP71 W5X1114'17 PLEASE REMIT: $35,983.11 If you have any questions regarding tfiis invoice please call Barbara Lyons at (800-241-4199y, and Press 1. ~* TO''Al. FFGE.02 ~* 1 i ~ ~ °..~ ~t ',~ 7 ~: ~; Jr rti1 fib` `°~ ~ > Ford Motor Credit Company ~ °` 1 American Road P.O. Box 1739 Dearborn, Michigan 48121-1739 Judge Pat Tinley, County Judge Kerr County, Sheriffs Office 700 Main Street Kerrville, TX 78028 November 16, 2004 Subject: Master Equipment Lease-Purchase Agreement -Lease No. 6450500 Dear Judge Tinley: Enclosed are the subject documents for the Equipment being acquired from Philpott Motors. Please review the following documentation for accuracy: • Opinionof Counsel -Please have your attorney sign where indicated. • Amendment -Please sign where indicated. If not appropriate, line through the form and return unsigned. • Schedule 6450508, Page 1 -Please sign where indicated. • Delivery and Acceptance Certificate(s) -Please sign and indicate the date the Equipment was accepted by you or your authorized representative. • Temporary Insurance Form -Please complete and sign where indicated. • 8038-GC -Please review and sign where indicated. On your behalf, we will forward the signed original form to the IRS. • Also, if you haven't already done so, please be sure to forward fhe original SIGNED AND NOTARIZED Municipal Financing Application upon execution of the documenfs. Also enclosed is an invoice for the first payment check payable to Ford Motor Credit Company in the amount of $35,983.11 for the first payment. Please return the check and all signed original documents by 11/24!04, preferably to the express mail address below. If documents cannot be returned by this date, or if you have any questions, please call me at 1-800-241-4199, Ext. 172, and refer to Schedule 6450508. Overnight/Exaress Delivery Ford Motor Credit Company Commercial Lending - MD 7500 1 American Road, Suite 2277 Dearborn, MI 48126 ATTN: Carol Tom, Municipal Finance U.S. Regular Mail Ford Motor Credit Company Commercial Lending - MD 7500 P. O. Box 1739, Suite 2277 Dearborn, MI 48121-1739 ATTN: Carol Tom, Municipal Finance After the documents are signed for Ford Motor Credit Company, a set of copies will be sent to you. Sincerely, Enclosures Linda Adamus Municipal Finance PLEASE NOTE: The interest rate may be subject to a rate increase or require a rate extension fee if the documents are not returned by 02/28/2005. OPINION OF COUNSEL With respect to that certain Master Equipment Lease-Purchase Agreement 6450500 dated 07/14/2000 by and between Ford Motor Credit Company (Lessor) and Kerr County (Lessee) as Supplemented by Schedule 6450508 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 Uniform Commercial Code of the state where the Equipment is located and/or the certificate of title laws of such state will govern the method of perfecting Lessors security interest in the Equipment; (5) 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; (6) 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 govemmental 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 (7) 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 govemmental orders, permissions, consents, approvals or authorizations are required to be obtained and no registrations or declarations are required to be filed in Conn ction with the execution and delivery of the Master Agreement. Attorney fo ssee David tley ~..~.ry goo, - mamas .oxias may Nor a ~.oa SCHEDULE 6450508 -MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT Lease No. 6450500 AMENDMENT That certain Master Equipment Lease-Purchase Agreement, by and between Ford Motor Credit Company ("Lessor") and Kerr County ("Lessee"), dated as of 07/14/2000 (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 $10,000,000 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 $10,000,000 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 17th day of November, 2004. LESSEE By: Title: Kerr County Sheriffs Office LESSOR: Ford Motor Credit Company w By: ey County Judge Title Frank Mastrella Operations Manager, Municipal Finance INVOICE November 16, 2004 LESSEE: Kerr County Sheriffs Office 700 Main Street Kerrville, TX 78028 REMIT PAYMENT TO: FORD MOTOR CREDIT COMPANY MUNICIPAL FINANCE P. O. BOX 1739 - MD 7500 DEARBORN, MI 48121-1739 PLEASE RETURN A COPY OF THIS INVOICE WITH YOUR PAYMENT ACCOUNT FIRST DESCRIPTION PAYMENT NUMBER PAYMENT AMOUNT DUE DATE 6450508 11 /17/2004 (4) 2004 Ford Crown Victoria Police Interceptors, $35,983.11 2FAFP71 W55X111417, 2FAFP71 W75X111418, 2FAFP71 W55X111420, 2FAFP71 W95X111419 PLEASE REMIT: $35,983.11 If you have any questions regarding this invoice, please call Linda Adamus (800- 241-4199, Ext. 173). Page 1 SCHEDULE 6450508 - MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT Lease No. 6450500 This Equipment Schedule dated as of 11/17/2004, is being executed by Ford Motor Credit Company ("Lessor"), and Kerr County ("Lessee"), as a supplement to, and is hereby made a part of that certain Master Equipment Lease-Purchase Agreement dated as of 07/14/2000 ("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 4 2004 Ford Crown Victoria Police Interceptors, 2FAFP71 W55X111417, Philpott Motors 2FAFP71 W75X111418, 2FAFP71 W55X111420, 2FAFP71 W95X111419 EQUIPMENT LOCATION: Kerr County Sheriffs Office 700 Main Street Kerrville, TX 78028 Initial Term: 36 Months Commencement Date: 11/17/2004 Periodic Rent: 2 Consecutive Annual in Advance Payments of $35,983.11 each (including interest), followed by one final payment of $35,983.25, due under this Lease. The Periodic Rent Payment also includes any applicable sales/use tax due and payable on the Lease Payment Dates, set forth in Schedule 6450508, Page 2. EXECUTED as of the date first herein set forth. LESSEE: Kerr County Sheriffs Office LESSOR: Ford Motor Credit Company By: 1 By: in ey Title: County Judge Title: Frank Mastrella Operations Manager, Municipal Finance Counterpart No. 1 of 1 manually executed and serially numbered counterparts. To the extent this Schedule constitutes chattel paper, no security interest herein may be perfected through the possession of any counterpart other than Counterpart No. 1. APR: 4.20$ Lease Payment Number 1 2 3 TOTALS Lease Payment Date 11 / 17 / 2004 11 / 17 / 2005 11 / 17 / 2006 Schedule 6450508 Payment Schedule Lease Payment 35,983.11 35,983.11 35,983.25 107,949.47 Interest Portion 0.00 2,842.29 1,450.38 4,292.67 Lease Number Principal Portion 35,983.11 33,140.82 34,532.87 103,656.80 Page 2 6450500 Concluding Payment 67,673.69 34,532.87 1.00 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 6450508 NUMBER DATE ORDER NO. DATE 07/14/2000 6450500 11/17/2004 1 EQUIPMENT INFORMATION QUANTITY DESCRIPTION (MANUFACTURER; MODEL AND SERIAL NO.) SUPPLIER 4 2004 Ford Crown Victoria Police Interceptors, 2FAFP71 W55X111417, 2FAFP71 W75X111418, 2FAFP71 W55X111420, 2FAFP71 W95X111419 Philpott Motors LESSEE: Kerr County BY: Sheriffs Office 700 Main Street ~~,9 ~ ~ ~ cSL_ Kenville, TX 78028 (Title)/ DATE ACCEPTED: /l ~I~o /aoo~. This form is to be signed, dated and returned to Ford Motor Credit Company, Attn: 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. 6450500, 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: 6450508 MUNI: Kerr County ADDRESS: Sheriffs Office 700 Main Street CITY: Kerrville, TX 78028 PLEASE NOTE: FORD MOTOR CREDIT COMPANY REQUIRES A MINIMUM OF $1,000,000 PUBLIC LIABILITY COVERAGE; OR THE STATE MAXIMUM (IF LOWER) IS REQUIRED CONTACT: Nona Tucker, 792-2236, Accts. Payable PHONE: (830) 896-1216 EQUIP DESC: (4) 2FAFP71 W55X111417, 2FAFP71 W75X111418, 2FAFP71 W55X111420, 2FAFP71W95X111419 INSURANCE COMPANY: T)E~CA.S AS.SOCIATIOI~T OF OOUN'Iil~ ADDRESS: 1210 SAN AN10NI0 ST. (P O Box 1231 -- 78768-2131 ) CITY: AUSTIN STATE: TX ZIP: 78701 PHONE: 800-456-5974 CONTACT PERSON: KARf~I TI-lERR1~1 POLICY NO: 01330 EXPIRATION DATE: 09/30/05 LIABILITY AMT: 100,000/300,000 PROPERTY DAMAGE AMT: 100,000 PHYSICAL DAMAGE AMT: COMPREHENSIVE DEDUCTIBLE: 1,000 COLLISION DEDUCTIBLE: ~,QQO INSURANCE COMPANY: ADDRESS: CITY: PHONE: POLICY NO: LIABILITY AMT: PHYSICAL DAMAGE AMT STATE: ZIP: COMPREHENSIVE DEDUCTIBLE: COLLISION DEDUCTIBLE: EXPIRATION DATE: PROPERTY DAMAGE AMT: THIS SECTION ONLY TO BE COMPLETE IF SELF-INSURED: IF YOU ARE SELF-INSURED FOR ANY COVERAGE, PLEASE PROVIDE THE NAME OF YOUR INSURANCE POOUFUND. NAME OF INSURANCE POOUFUND: Self-Insured For/LIABILITY: $ CONTINUOUS COVERAGE: FROM: TO: PROPERTY: $ PHYSICAL: CONTACT PERSON: PLEASE SIGN: ~^ \ ~ _ ~ Pat Tinley, County Judge Form $~3$-GC Information Return for Small Tax-Exempt Governmental Bond Issues, Leases, and Installment Sales (Rev. 11-2000) - Under Internal Revenue Code section 149(e) Department of the Treasury I Caution: Use Form 8038-G if the issue price of the issue is $100,000 or more. lntemal Revenue Service OMB No. 1545-0720 Reporting Authority Check box if Amended Return - ^ 1 Issuer's name 2 Issuer's employer identification number Kerr County 74-6001494 3 Number and street (or P.O. box if mail is not delivered to street address) Room/Suite Sheriffs Office, 700 Main Street 4 City, town, or post office, state, and ZIP code 5 Report number Kerrville, TX 78028 GC 2004-6450508 6 Name and title of officer or legal representative whom the IRS may call for more information 7 Telephone number of officer or legal representative David Motlev 830-792-2220 Description of Obligations (Check if reporting: a single issue ^ or on a consolidated basis ^ .) 8a Issue price of obligation(s) (see instructions) b Issue date (single issue) or calendar year (consolidated) (see instructions) ___~_~_~-____ ~ ~''`~ 9 Amount of the reported obligation(s) on line 8a: ~' ~.~:~ R~. a Used to refund prior issue(s) . 9a b Representing a loan from the proceeds ofanothertax-exempt obligation (e.g., bond bank) 9b 8a I $67,673.69 10 If the issuer has designated any issue under section 265(b)(3)(B)(I)(III)(small issuer exception), check this box 11 If any obligation is in the form of a lease or installment sale, check this box . 12 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check this box PLEASE SIGN HERE -^ -® -^ Under penalties of perjury, I deGare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct and complete. / ` u on ed representative to ' Pat Tinley, County Judge Type or print name and title General Instructions Section references an: to the lntemal Revenue Code Unless otherwise noted. Purpose of Form Form 8038-GC is used by issuers of tax- exempt governmental obligations to provide the IRS with the information required by section 149(e) and to monitor the requirements of sections 141 through 150. Who Must File Issuers of tax~xempt governmental obligations with issue prices of less than $100,000 must file Form 8038-GC. Issuers of atax-exempt governmental obligation with an issue price of $100,000 or more must file Form 803&G, Information Return for Tax-Exempt Governmental Obligations. Filing a separate return. Issuers have the option to file a separate Form 8038-GC for any tax-exempt governmental obligation with an issue price of less $100,000. An issuer of atax-exempt bond used to finance construction expenditures must file a separate Form 8038-GC for each issue to give notice to the IRS that an election was made to pay a penalty in lieu of arbitrage rebate (see line 12 instructions). Filing a consolidated return. For all tax- exempt governmental obligations with issue prices of less than x100,000 that are not reported on a separate Form 8038-GC, an issuer must file a consolidated information return induding all such issues issued within the calendar year. Thus, an issuer may file a separate Form 8038-GC for each of a number of small issues and report the remainder of small issues issued during the calendar year on one consolidated Form 8038-GC. However, a separate Form 8038-GC must be filed to give the IRS notice of the election to pay a penalty in lieu of arbitrage rebate. When to File To file a separate return, file Form 8038-GC on or before the 15th day of the second calendar month after the dose of the calendar quarter in which the issue is issued. To file a consolidated return, file Form 8038-GC on or before February 15th of the calendar year following the year in which the issue is issued. Late filing. An issuer may be granted an extension of time to file Form 8038-GC under Section 3 of Rev. Proc. 88-10, 1988-1 C.B. 635, if it is determined that the failure to file on time is not due to willful neglect. Type or print at the top of the form, "This Statement is Submitted in Accordance with Rev. Proc. 88- 10." Attach to the Form 8038-GC a letter briefly stating why Form 8038-GC was not submitted to the IRS on time. Also indicate whether the obligation in question is under examination by the IRS. Do not submit copies of any bond documents, leases, or installment sale documents. Where to File File Form 8038-GC, and any attachments, with the lntemal Revenue Service Center, Ogden, UT 84201. Other Forms That May Be Required For rebating arbitrage (or paying a penalty in lieu of arbitrage rebate) to the Federal government, use Form 8038-T, Arbitrage Rebate and Penalty in Lieu of Arbitrage Rebate. For private activity bonds, use Form 8038, Information Return for Tax-Exempt Private Activity Bond Issues. Rounding to Whole Dollars You may show the money items on this return as whole-dollar amounts. To do so, drop any amount less than 50 cents and increase any amount from 50 cents through 99 cents to the next higher dollar. Definitions Obligations. This refers to a single tax-exempt governmental obligation if Form 8038-GC is used for separate reporting or to multiple tax~xempt governmental obligations if the form is used for consolidated reporting. Tax-exempt obligation. This is a bond, installment purchase agreement, or financial lease, on which the interest is exduded from income under section 103. Tax-exempt governmental obligation. A tax-exempt obligation that is not a private activity bond (see below) is atax-exempt governmental obligation. This indudes a bond issued by a qualified volunteer fire department under section 150(e). Private activity bond. This indudes an obligation issued as part of an issue of which: • More than 10% of the proceeds are to be used for any private business use, and Cat. No 641088 Fonn 8038-GC (Rev. 11-2000) FOR AUDITOR'S OFFICE USE ONLY LATE BILL FOR 11/22/04 WILL NEED A HANDCHECK 3041 VENDOR # INVOICE # PAID TO: FORD MOTOR CREDIT COMPANY AMOUNT: ;35,983.11 EXPENSE CODE: 1060-570 Please give check to County Auditor's staff. DESCRIPTION: 1st payment on 4 new 2005 FORD Crown Victoria vehicles INV. NUMBER 11/04/#6450508 INV. DATE: 11/16/04 RCVD DATE: 11/16/04 DUE DATE: 11/22/04 MUNICIPAL FINANCING P. O. BOX 1739 DEARBORN, MI 48121 1~'.1 16~~934 12' 17 FR FORD MUrIICIPNI. 313 399 3"83 TO 91k33E1732??38 P.Oc!©2 iNV+~CE November '! 6, 2004 LESSEE: Kerr County Sheriffs Office 704 Main Street Kerrville, TX 78028-2236 REMlT PAYMENT TO: FORD MOTOR CREDIT COMPANY C30~L1~ MUNlClPAL FWANCING P. 4.84?4 1739 DEARBORN, MI 48121 PLEASE RETURN A CORY OF THiS iNVt?ICE ~'VtTtf YQUR PAYMEfltT ACCOUNT PAYiuiENT DESCRlPTlON PAYMENT NUM6ER DUE DATE A1N(~UNT ~. 6450508 11!23!04 Fond Crown Victoria 4 ~ Police $35,983.11 nterce 0 s P ` S.PJ.: 2FAFP71 W5X 1114 i 9 2FAFP71 W5X111420 E 7FAFP71 W 5X111 q 18 2FAFP79 W5X111417 ~ - _ ----~ ~ -- - II - - r.- i Pi-EASE REMtT: j $35,98x.'11 ~l-. ~j-~ ~.. F~ ~~' if you have any questions regarding this invoice p?ease call Barbara Lyons at (80U-241-4199}, any! Press 1.