HomeMy WebLinkAbout20010816.tiff RESOLUTION
RE: APPROVE EQUIPMENT LEASE-PURCHASE AGREEMENT AND AUTHORIZE CHAIR
TO SIGN - MOTOROLA, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Equipment Lease-Purchase
Agreement between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Weld County Regional
Communications Department, and Motorola, Inc., with terms and conditions being as stated in
said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Equipment Lease-Purchase Agreement between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Weld County Regional Communications Department, and Motorola, Inc., be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of April, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
` WELD CO TY, COLORADO
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ATTEST: au, / I %� = �/, afizie.
wn,, .V . J. Geile, air
Weld County Clerk to the `�t �;�
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BY: ip Deputy Clerk to the Board
Wi H. Jeke�
APP A ORM: c\A
David E. Long
unty Attorney EXCUSED DATE OF SIGNI G AYE
Robert D. Masden
2001-0816
CM0013
@ MOTOROLA
March 8,2001
Weld County
919 7i°Street
Greeley, CO 80631
Attn: Captain Michael Savage
RE: Municipal Lease#21979
Enclosed for your review,please find the Municipal Lease documentation in connection with the radio
equipment to be leased from Motorola.
Please have the documents executed where indicated and forward the documents to the following
address:
Motorola Customer Finance
Attn: Bill Stancik/Mail Drop M-2
50 E. Commerce Dr.
Schaumburg,IL 60173
Should you have any questions,please contact me at 847-538-4531.
Thank You,
MOTOROLA CUSTOMER FINANCE
Bill Stancik
2001-0816
•
LESSEE FACT SHEET
Please help Motorola provide excellent billing service by providing the following information:
I. Complete Billing Address WELD COUNTY
P.O. Box 758
Greeley, CO 80632
M. J. Celle, Chair
Attention: Weld County Board of Commissioners
Phone: (970)356-4000 X4200
2. Lessee County Location: 915 10th Street, Greeley. CO 80631
3. Federal Tax I.D.Number 84-6000-813
4. Purchase Order Number to be referenced on invoice(if necessary)or other"descriptions"that may
assist in determining the applicable cost center or department: Sheriff Drug Task Force
5. Equipment description that you would like to appear on your
invoicing:800 MHZ Radios Drug Tack Fnrrp
Appropriate Contact for Documentation/System Acceptance Follow-up:
6. Appropriate Contact& Kim Fliethman, Sheriff's Office
Mailing Address
P.O. Box 758
Greeley. CO 80631
Phone: (970)356-4000 X4629
Fax: (970)353-8551
7. Payment remit to address: Motorola Credit Corp.
P.O.Box 71132
Chicago IL 60694-1132
Thank you
EQUIPMENT LEASE-PURCHASE AGREEMENT
Lease Number: 21979
LESSEE: LESSOR:
WELD COUNTY Motorola, Inc.
919 7h Street 1301 East Algonquin Rd
Greeley, CO 80631 Schaumburg, IL 60196
Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor, the Equipment described in
any Schedule A now or hereafter attached hereto ("Equipment") in accordance with the following terms
and conditions of this Equipment Lease-Purchase Agreement("Lease").
1. TERM. This Lease will become effective upon the execution hereof by Lessor. The Term
of this Lease will commence on date specified in Schedule A and unless terminated according to terms
hereof or the purchase option, provided in Section 18, is exercised this Lease will continue until the
Expiration Date set forth in Schedule B attached hereto("Lease Term").
2. RENT. Lessee agrees to pay to Lessor or its assignee the Lease Payments (herein so
called), including the interest portion, in the amounts specified in Schedule B. The Lease Payments will
be payable without notice or demand at the office of the Lessor (or such other place as Lessor or its
assignee may from time to time designate in writing), and will commence on the first Lease Payment Date
as set forth in Schedule B and thereafter on each of the Lease Payment Dates set forth in Schedule B.
Any payments received later than ten (10) days from the due date will bear interest at the highest lawful
rate from the due date. Except as specifically provided in Section 5 hereof, the Lease Payments will be
absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, or
recoupment for any reason whatsoever. Lessee reasonably believes that funds can be obtained sufficient
to make all Lease Payments during the Lease Term and hereby covenants that it will do all things lawfully
within its power to obtain, maintain and properly request and pursue funds from which the Lease
Payments may be made, including making provisions for such payments to the extent necessary in each
budget submitted for the purpose of obtaining funding, using its bona fide best efforts to have such portion
of the budget approved and exhausting all available administrative reviews and appeals in the event such
portion of the budget is not approved. It is Lessee's intent to make Lease Payments for the full Lease
Term if funds are legally available therefor and in that regard Lessee represents that the Equipment will be
used for one or more authorized governmental or proprietary functions essential to its proper, efficient and
economic operation.
3. DELIVERY AND ACCEPTANCE. Lessor will cause the Equipment to be delivered to
Lessee at the location specified in Schedule A ("Equipment Location"). Lessee will accept the Equipment
as soon as it has been delivered and is operational. Lessee will evidence its acceptance of the Equipment
by executing and delivering to Lessor a Delivery and Acceptance Certificate in the form provided by
Lessor.
Even if Lessee has not executed and delivered to Lessor a Delivery and Acceptance Certificate, if Lessor
believes the Equipment has been delivered and is operational, Lessor may require Lessee to notify Lessor
in writing (within five (5) days of Lessee's receipt of Lessor's request) whether or not Lessee deems the
Equipment (i) to have been delivered and (ii) to be operational, and hence be accepted by Lessee. If
Lessee fails to so respond in such five (5) day period, Lessee will be deemed to have accepted the
Equipment and be deemed to have acknowledged that the Equipment was delivered and is operational as
if Lessee had in fact executed and delivered to Lessor a Delivery and Acceptance Certificate.
4. REPRESENTATIONS AND WARRANTIES. Lessor acknowledges that the Equipment leased
hereunder is being manufactured and installed by Lessor pursuant to contract (the "Contract") covering
the Equipment. Lessee acknowledges that on or prior to the date of acceptance of the Equipment, Lessor
intends to sell and assign Lessor's right, title and interest in and to this Agreement and the Equipment to
an assignee ("Assignee"). LESSEE FURTHER ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY
SET FORTH IN THE CONTRACT, LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OF
ANY NATURE OR KIND WHATSOEVER, AND AS BETWEEN LESSEE AND THE ASSIGNEE, THE
PROPERTY SHALL BE ACCEPTED BY LESSEE "AS IS"AND "WITH ALL FAULTS". LESSEE AGREES
TO SETTLE ALL CLAIMS DIRECTLY WITH LESSOR AND WILL NOT ASSERT OR SEEK TO
ENFORCE ANY SUCH CLAIMS AGAINST THE ASSIGNEE. NEITHER LESSOR NOR THE ASSIGNEE
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER AS A RESULT OF THE LEASE OF THE EQUIPMENT, INCLUDING
WITHOUT LIMITATION, LOSS OF PROFITS, PROPERTY DAMAGE OR LOST PRODUCTION
WHETHER SUFFERED BY LESSEE OR ANY THIRD PARTY.
Lessor is not responsible for, and shall not be liable to Lessee for damages relating to loss of
value of the Equipment for any cause or situation (including, without limitation, governmental actions or
regulations or actions of other third parties).
5. NON-APPROPRIATION OF FUNDS.Notwithstanding anything contained in this Lease to the
contrary, in the event the funds appropriated by Lessee's governing body or otherwise available by any
means whatsoever in any fiscal period of Lessee for Lease Payments or other amounts due under this
Lease are insufficient therefor, this Lease shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to Lessee of any kind whatsoever, except as to
the portions of Lease Payments or other amounts herein agreed upon for which funds shall have been
appropriated and budgeted or are otherwise available. The Lessee will immediately notify the Lessor or its
Assignee of such occurrence. In the event of such termination, Lessee agrees to peaceably surrender
possession of the Equipment to Lessor or its Assignee on the date of such termination, packed for
shipment in accordance with manufacturer specifications and freight prepaid and insured to any location in
the continental United States designated by Lessor. Lessor will have all legal and equitable rights and
remedies to take possession of the Equipment. Notwithstanding the foregoing, Lessee agrees, to the
extent not prohibited by law, (i) that it will not cancel this Lease under the provisions of this Section if any
funds are appropriated to it, or by it, for the acquisition, retention or operation of the Equipment or other
equipment performing functions similar to the Equipment for the fiscal period in which such termination
occurs or the next succeeding fiscal period thereafter, and (ii) that it will not during the Lease Term give
priority in the application of funds to any other functionally similar equipment or services. This Section will
not be construed so as to permit Lessee to terminate this Lease in order to acquire any other equipment
or to allocate funds directly or indirectly to perform essentially the same application for which the
Equipment is intended.
6. LESSEE CERTIFICATION. Lessee represents, covenants and warrants that: (i) Lessee is a
state or a duly constituted political subdivision or agency of the state of the Equipment Location; (ii) the
interest portion of the Lease Payments shall be excludable from Lessor's gross income pursuant to
Section 103 of the Internal Revenue Code of 1986, as it may be amended from time to time ( the "Code");
(iii) the execution, delivery and performance by the Lessee of this Lease have been duly authorized by all
necessary action on the part of the Lessee; (iv) this Lease constitutes a legal, valid and binding obligation
of the Lessee enforceable in accordance with its terms; (v) Lessee will comply with the information
reporting requirements of Section 149(e) of the Code, and such compliance shall include but not be
limited to the execution of information statements requested by Lessor; (vi) Lessee will not do or cause to
be done any act which will cause, or by omission of any act allow, the Lease to be an arbitrage bond within
the meaning of Section 148(a) of the Code; (vii) Lessee will not do or cause to be done any act which will
cause, or by omission of any act allow, this Lease to be a private activity bond within the meaning of
Section 141(a) of the Code; (viii) Lessee will not do or cause to be done any act which will cause, or by
omission of any act allow, the interest portion of the Lease Payments to be or become includible in gross
income for Federal income taxation purposes under the Code; and (ix) Lessee will be the only entity to
own, use and operate the Equipment during the Lease Term.
Lessee represents, covenants and warrants that (i) it will do or cause to be done all things
necessary to preserve and keep the Lease in full force and effect, (ii) it has complied with all public bidding
and Bond Commission requirements (as defined in the Code) where necessary and by due notification
presented this Lease for approval and adoption as a valid obligation on its part, and (iii) it has sufficient
appropriations or other funds available to pay all amounts due hereunder for the current fiscal period.
If Lessee breaches the covenant contained in this Section, the interest component of Lease
Payments may become includible in gross income of the owner or owners thereof for federal income tax
purposes. In such event, notwithstanding anything to the contrary contained in Section 11 of this
Agreement, Lessee agrees to pay promptly after any such determination of taxability and on each Lease
Payment date thereafter to Lessor an additional amount determined by Lessor to compensate such owner
or owners for the loss of such excludibility (including, without limitation, compensation relating to interest
expense, penalties or additions to tax), which determination shall be conclusive (absent manifest error).
Notwithstanding anything herein to the contrary, any additional amount payable by Lessee pursuant to this
Section 6 shall be payable solely from Legally Available Funds.
It is Lessor's and Lessee's intention that this Agreement not constitute a "true" lease for federal
income tax purposes and, therefore, it is Lessor's and Lessee's intention that Lessee be considered the
owner of the Equipment for federal income tax purposes.
7. TITLE TO EQUIPMENT; SECURITY INTEREST. Upon delivery of the Equipment to
Lessee hereunder, title to the Equipment will vest in Lessee; provided, however, that (i) in the event of
termination of this Lease by Lessee pursuant to Section 5 hereof; (ii) upon the occurrence of an Event of
Default hereunder, and as long as such Event of Default is continuing; or (iii) in the event that the
purchase option has not been exercised prior to the Expiration Date, title will immediately vest in Lessor or
its Assignee. In order to secure all of its obligations hereunder, Lessee hereby (i) grants to Lessor a first
and prior security interest in any and all right, title and interest of Lessee in the Equipment and in all
additions, attachments, accessions, and substitutions thereto, and on any proceeds therefrom; (ii) agrees
that this Lease may be filed as a financing statement evidencing such security interest; and (iii) agrees to
execute and deliver all financing statements, certificates of title and other instruments necessary or
appropriate to evidence such security interest.
8. USE; REPAIRS. Lessee will use the Equipment in a careful manner for the use contemplated
by the manufacturer of the Equipment and shall comply with all laws, ordinances, insurance policies and
regulations relating to, and will pay all costs, claims, damages, fees and charges arising out of the
possession, use or maintenance of the Equipment. Lessee, at its expense will keep the Equipment in
good repair and furnish all parts, mechanisms and devices required therefor.
9. ALTERATIONS. Lessee will not make any alterations, additions or improvements to the
Equipment without Lessor's prior written consent unless such alterations, additions or improvements may
be readily removed without damage to the Equipment.
10. LOCATION; INSPECTION. The Equipment will not be removed from, [or if the Equipment
consists of rolling stock, its permanent base will not be changed from] the Equipment Location without
Lessor's prior written consent which will not be unreasonably withheld. Lessor will be entitled to enter
upon the Equipment Location or elsewhere during reasonable business hours to inspect the Equipment or
observe its use and operation.
11. LIENS AND TAXES. Lessee shall keep the Equipment free and clear of all levies,
liens and encumbrances except those created under this Lease. Lessee shall pay, when due, all charges
and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing,
rental, sale, purchase, possession or use of the Equipment, excluding however, all taxes on or measured
by Lessor's income. If Lessee fails to pay said charges and taxes when due, Lessor shall have the right,
but shall not be obligated, to pay said charges and taxes. If Lessor pays any charges or taxes, Lessee
shall reimburse Lessor therefor within ten days of written demand.
12. RISK OF LOSS: DAMAGE; DESTRUCTION. Lessee assumes all risk of loss or
damage to the Equipment from any cause whatsoever, and no such loss of or damage to the Equipment
nor defect therein nor unfitness or obsolescence thereof shall relieve Lessee of the obligation to make
Lease Payments or to perform any other obligation under this Lease. In the event of damage to any item
of Equipment, Lessee will immediately place the same in good repair with the proceeds of any insurance
recovery applied to the cost of such repair. If Lessor determines that any item of Equipment is lost, stolen,
destroyed or damaged beyond repair, Lessee at the option of Lessor will: either (a) replace the same with
like equipment in good repair; or (b) on the next Lease Payment date, pay Lessor the sum of : (i) all
amounts then owed by Lessee to Lessor under this Lease, including the Lease payment due on such
date; and (ii) an amount equal to all remaining Lease Payments to be paid during the Lease Term as set
forth in Schedule B.
In the event that Lessee is obligated to make such payment with respect to less than all of the
Equipment, Lessor will provide Lessee with the pro rata amount of the Lease Payment and the Balance
Payment (as set forth in Schedule B) to be made by Lessee with respect to that part of the Equipment
which has suffered the Event of Loss.
13. INSURANCE. Lessee will, at its expense, maintain at all times during the Lease Term,
fire and extended coverage, public liability and property damage insurance with respect to the Equipment
in such amounts, covering such risks, and with such insurers as shall be satisfactory to Lessor, or, with
Lessor's prior written consent, Lessee may self-insure against any or all such risks. All insurance covering
loss of or damage to the Equipment shall be carried in an amount no less than the amount of the then
applicable Balance Payment with respect to such Equipment. The initial amount of insurance required is
- .. set forth in Schedule B. Each insurance policy will name Lessee as an insured and Lessor or it's Assigns
as an additional insured, and will contain a clause requiring the insurer to give Lessor at least thirty (30)
days prior written notice of any alteration in the terms of such policy or the cancellation thereof. The
proceeds of any such policies will be payable to Lessee and Lessor or it's Assigns as their interests may
appear. Upon acceptance of the Equipment and upon each insurance renewal date, Lessee will deliver to
Lessor a certificate evidencing such insurance. In the event that Lessee has been permitted to self-
insure, Lessee will furnish Lessor with a letter or certificate to such effect. In the event of any loss,
damage, injury or accident involving the Equipment, Lessee will promptly provide Lessor with written
notice thereof and make available to Lessor all information and documentation relating thereto.
14. INDEMNIFICATION. Lessee shall, to the extent permitted by law, indemnify Lessor
against, and hold Lessor harmless from, any and all claims, actions, proceedings, expenses, damages or
liabilities, including attorneys'fees and court costs, arising in connection with the Equipment, including, but
not limited to, its selection, purchase, delivery, possession, use, operation, rejection, or return and the
recovery of claims under insurance policies thereon.
15. ASSIGNMENT. Without Lessor's prior written consent, Lessee will not either (i) assign,
transfer, pledge, hypothecate, grant any security interest in or otherwise dispose of this Lease or the
Equipment or any interest in this Lease or the Equipment or; (ii) sublet or lend the Equipment or permit it
to be used by anyone other than Lessee or Lessee's employees. Lessor may assign its rights, title and
interest in and to this Lease, the Equipment and any documents executed with respect to this Lease
and/or grant or assign a security interest in this Lease and the Equipment, in whole or in part. Any such
assignees shall have all of the rights of Lessor under this Lease. Subject to the foregoing, this Lease
inures to the benefit of and is binding upon the heirs, executors, administrators, successors and assigns
of the parties hereto.
Lessee covenants and agrees not to assert against the Assignee any claims or defenses by way
of abatement, setoff, counterclaim, recoupment or the like which Lessee may have against Lessor. No
assignment or reassignment of any Lessor's right, title or interest in this Lease or the Equipment shall be
effective unless and until Lessee shall have received a notice of assignment, disclosing the'name and
address of each such assignee; provided, however, that if such assignment is made to a bank or trust
company as paying or escrow agent for holders of certificates of participation in the Lease, it shall
thereafter be sufficient that a copy of the agency agreement shall have been deposited with Lessee until
Lessee shall have been advised that such agency agreement is no longer in effect. During the Lease
Term Lessee shall keep a complete and accurate record of all such assignments in form necessary to
comply with Section 149(a) of the Code, and the regulations, proposed or existing, from time to time
promulgated thereunder. No further action will be required by Lessor or by Lessee to evidence the
assignment, but Lessee will acknowledge such assignments in writing if so requested.
After notice of such assignment, Lessee shall name the Assignee as additional insured and loss
payee in any insurance policies obtained or in force. Any Assignee of Lessor may reassign this Lease and
its interest in the Equipment and the Lease Payments to any other person who, thereupon, shall be
deemed to be Lessor's Assignee hereunder.
16. EVENT OF DEFAULT. The term "Event of Default", as used herein, means the
occurrence of any one or more of the following events: (i) Lessee fails to make any Lease Payment (or
any other payment) as it becomes due in accordance with the terms of the Lease, and any such failure
continues for ten (10) days after the due date thereof; (ii) Lessee fails to perform or observe any other
covenant, condition, or agreement to be performed or observed by it hereunder and such failure is not
cured within twenty (20) days after written notice thereof by Lessor; (iii) the discovery by Lessor that any
statement, representation, or warranty made by Lessee in this Lease or in writing ever delivered by
Lessee pursuant hereto or in connection herewith is false, misleading or erroneous in any material
respect; (iv) proceedings under any bankruptcy, insolvency, reorganization or similar legislation shall be
instituted against or by Lessee, or a receiver or similar officer shall be appointed for Lessee or any of its
property, and such proceedings or appointments shall not be vacated, or fully stayed, within twenty (20)
days after the institution or occurrence thereof; or (v) an attachment, levy or execution is threatened or
levied upon or against the Equipment.
17. REMEDIES. Upon the occurrence of an Event of Default, and as long as such Event
of Default is continuing, Lessor may, at its option, exercise any one or more of the following remedies: (i)
by written notice to Lessee, declare all amounts then due under the Lease, and all remaining Lease
Payments due during the Fiscal Year in effect when the default occurs to be immediately due and payable,
whereupon the same shall become immediately due and payable; (ii) by written notice to Lessee, request
Lessee to (and Lessee agrees that it will), at Lessee's expense, promptly return the Equipment to Lessor
in the manner set forth in Section 5 hereof, or Lessor, at its option, may enter upon the premises where
the Equipment is located and take immediate possession of and remove the same; (iii) sell or lease the
Equipment or sublease it for the account of Lessee, holding Lessee liable for all Lease Payments and
other amounts due prior to the effective date of such selling, leasing or subleasing and for the difference
between the purchase price, rental and other amounts paid by the purchaser, Lessee or sublessee
pursuant to such sale, lease or sublease and the amounts payable by Lessee hereunder; and (iv) exercise
any other right, remedy or privilege which may be available to it under applicable laws of the state of the
Equipment Location or any other applicable law or proceed by appropriate court action to enforce the
terms of the Lease or to recover damages for the breach of this Lease or to rescind this Lease as to any
or all of the Equipment. In addition, Lessee will remain liable for all covenants and indemnities under this
Lease and for all legal fees and other costs and expenses, including court costs, incurred by Lessor with
respect to the enforcement of any of the remedies listed above or any other remedy available to Lessor.
18. PURCHASE OPTION. Upon thirty (30) days prior written notice from Lessee to
Lessor, and provided that no Event of Default has occurred and is continuing, or no event, which with
notice or lapse of time, or both could become an Event of Default, then exists, Lessee will have the right to
purchase the Equipment on the Lease Payment dates set forth in Schedule B by paying to Lessor, on
such date, the Lease Payment then due together with the Balance Payment amount set forth opposite
such date. Upon satisfaction by Lessee of such purchase conditions, Lessor will transfer any and all of its
right, title and interest in the Equipment to Lessee as is, without warranty, express or implied, except that
the Equipment is free and clear of any liens created by Lessor.
19. NOTICES. All notices to be given under this Lease shall be made in writing and mailed by
certified mail, return receipt requested, to the other party at its address set forth herein or at such address
as the party may provide in writing from time to time. Any such notice shall be deemed to have been
received five days subsequent to such mailing.
20. SECTION HEADINGS. All section headings contained herein are for the convenience
of reference only and are not intended to define or limit the scope of any provision of this Lease.
21. GOVERNING LAW. This Lease shall be construed in accordance with, and governed
by the laws of,the state of the Equipment Location.
22. DELIVERY OF RELATED DOCUMENTS. Lessee will execute or provide, as requested by
Lessor, such other documents and information as are reasonably necessary with respect to the
transaction contemplated by this Lease.
23. ENTIRE AGREEMENT; WAIVER. This Lease, together with the Delivery and Acceptance
Certificate and other attachments hereto, and other documents or instruments executed by Lessee and
Lessor in connection herewith, constitutes the entire agreement between the parties with respect to the
Lease of the Equipment, and this Lease shall not be modified, amended, altered;or changed except with
the written consent of Lessee and Lessor. Any provision of the Lease found to be prohibited by law shall
be ineffective to the extent of such prohibition without invalidating the remainder of the Lease.
The waiver by Lessor of any breach by Lessee of any term, covenant or condition hereof shall not
operate as a waiver of any subsequent breach thereof.
24. EXECUTION IN COUNTERPARTS.This Lease may be executed in several"counterparts,
each of which shall be deemed an original and all of which shall constitute but one and the same
instrument.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the 9th day of April ,
2001
LESSEE: LESSOR:
WELD COUNTY MOTOROLA, INC.
By.
ByNY. J. Geile (04/09/2001)
• Title: Chair, Weld County Title:
Board of Commissioners
OPINION OF COUNSEL
With respect to that certain Equipment Lease-Purchase Agreement dated April 9 by and
between Motorola, Inc. and the Lessee, I am of the opinion that: (i) the Lessee is, within the meaning of
Section 103 of the Internal Revenue Code of 1986, a state or a fully constituted political subdivision or
agency of the State of the Equipment Location described in Schedule A hereto; (ii) the execution, delivery
and performance by the Lessee of the Lease have been duly authorized by all necessary action on the
part of the Lessee, (Ill) the Lease constitut legal, valid and binding obligation of the Lessee
enforceable in accordance with its terms; d"(iv) Lessee has sufficient monies available to make all
payments required to be aid under the/ ase during the current fiscal year of the Lease, and such
monies have been ptopdrl�geted a ppropriated for this purpose in accordance with State law.
Bruce Bark ,..
Attorn for WELD COUNTY
SCHEDULE A
EQUIPMENT LEASE-PURCHASE AGREEMENT
Schedule A 21979
Lease Number:
This Equipment Schedule dated as of 4/9/01 is being executed by MOTOROLA, INC.
("Lessor") and WELD COUNTY (Lessee"), as a supplement to, and is hereby attached to and
made a part of that certain Equipment Lease-Purchase Agreement Number 21979 dated as of
4/9/01 ("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, the following items of
Equipment
QUANTITY DESCRIPTION (Manufacturer, Model, and Serial Nos.)
Refer to attached Equipment List.
Equipment Location:
Initial Term: 36 Months Commencement Date: 5/1/2001
First Payment Due Date: 5/1/2001
3 Annual Payments of $12,741.97 as outlined in the attached Schedule B, plus Sales/Use Tax
of$0.00,payable on the Lease Payment Dates set forth in Schedule B.
EXECUTED as of the date first herein set forth.
LESSEE: LESSOR:
WELD COUNTY Motorola, Inc.
i'
,"
By: Wit t, By: .'
M. Y. Geile (04/09/2001)
Title: Chair, Weld County Board of Title:
Commissioners
WELD COUNTY DRUG TASK FORCE
919 7TH STREET
GREELEY,CO 80631
LT. STEVE NELSON; 970-353-0016
FAX; 970-353-6685
PGR;970-304-3434
ITEM# QTY. MODEL# DESCRIPTION
14' 9 H09UCF9PW7 N PORTABLE ASTRO DIGITAL XTS 3000, MODEL II
la 9 Q186 BATTERY NIMH 1800MAH (NTN8923)
lb 9 H38 SMARTZONE SOFTWARE
1c 9 Q806 ASTRO DIGITAL CAI SOFTWARE
1d 9 O361 ASTRO 25 SOFTWARE
le 9 Q173 SMARTZONE OMNILINK MULTIZONE SOFTWARE
1f 9 H14 ENHANCED DIGITAL ID
1g 9 Q625 DES, DES-XL, DES-OFB ENCRYPTION
1h 9 H638 PROMOTION OPTION'TRADE IN"
2 9 NTN8923 SPARE BATTERY NIMH, 1800MAH
3 9 NTN1166 SINGLE UNIT RAPID RATE CHARGER
4 9 NMN6191 NOISE CANCELING REMOTE SPK/MIC
5 1 WAC PORTABLE TEMPLATE CREATION
6 9 WAC PORTABLE 3.0/6.0/KEY LOAD PROGRAMMING
Weld Cnty Drug Task Force Motorola Confidential Page 1
03/07/2001 Page 1
Weld County (Schedule B)
Compound Period • Monthly
Nominal Annual Rate.... : 7.140 %
Effective Annual Rate ... : 7.378 %
Periodic Rate • 0.5950 %
Daily Rate • 0.01956%
CASH FLOW DATA
Event Start Date Amount Number Period End Date
1 Loan 05/01/2001 35,659.43 1
2 Payment 05/01/2001 12,741.97 3 Annual 05/01/2003
AMORTIZATION SCHEDULE - Normal Amortization
Date Payment Interest Principal Balance
Loan 05/01/2001 35,659.43
1 05/01/2001 12,741.97 0.00 12,741.97 22,917.46
2001 Totals 12,741.97 0.00 12,741.97
2 05/01/2002 12,741.97 1,690.93 11,051.04 11,866.42
2002 Totals 12,741.97 1,690.93 11,051.04
3 05/01/2003 12,741.97 875.55 11,866.42 0.00
2003 Totals 12,741.97 875.55 11,866.42
Grand Totals 38,225.91 2,566.48 35,659.43
•
INITIAL INSURANCE REQUIREMENT: $35,659.43
Except as specifically provided in Section five of the Lease hereof,Lessee agrees to pay to Lessor or its assignee the Lease
Payments,including the interest portion,in the amounts and dates specified in the above payment schedule.
LESSEE: LESSOR
WELD COUNTY Motorola,Inc.
By: 7 �1 J
l // )1,L , By:
M. Jf Geile •Title: Chair Title: • • • •
Date: 04/09/2001 Date:
CERTIFICATE OF INCUMBENCY
I 144/117411— do hereby certify that I am the duly elected or
(Sign tore of Sar
appointed and acting Secretary or Clerk of the WELD COUNTY ,an entity duly organized and
existing under the laws of the State of Colorado that I have custody of the records of such entity,
and that, as of the date hereof, the individuals named below are the duly elected or appointed
officers of such entity holding offices set forth opposite of their respective names. I further
certify that(i)the signatures set opposite their respective names and titles are their true and
authentic signatures and (ii) such officers have the authority on behalf of such entity to enter into
that certain Equipment Lease Purchase Agreement number 21979 dated 4/9/01 , and Schedule
A number 21979 dated 4/9/01 ,between WELD COUNTY and Motorola, Inc.
Name Title Signature
M. J. Geile Chair
(Individual who signed Lease documents should be listed here and sign ere applica e)
IN WITNESS)1VHEREOF,I have executed this certificate and affixed the seal of WELD
COUNTY , ereto this 9j± day o A r:a 2001.
By: gild/
(S anise of Secretary/Clerk)
t
Deputy Clerk to the Board
•
EVIDENCE OF INSURANCE
Fire,extended coverage,public liability and property damage insurance for all of the Equipment listed on Schedule
A number 21979 dated 4/9/01 to that certain Equipment Lease Purchase Agreement number 21979 dated
4/9/01 will be maintained by the WELD COUNTY as stated in the Equipment Lease Purchase Agreement.
This insurance shall name MOTOROLA,INC.or its assignee as additional insured and loss payee for the term of the
Schedule A number 21979 dated 4/9/01 .
This insurance is provided by:
Colorado Counties Casualty and Property Pool (CAPP)
Name of insurance provider
1700 Broadway, Suite 1512
Address of insurance provider
Denver. CO 80290
City,State and Zip Code
303-861-0507
Phone number of insurance provider
In accordance with the Equipment Lease Purchase Agreement Number 21979,WELD COUNTY,hereby certifies
that following coverage are or will be in full force and effect:
Type Amount Effective Expiration Policy
Date Date Number
Fire and Extended Coverage $50 Million 01/01/01 12/31/01 GPO 9100 475
Property Damage 2 Million 01/01/01 12/31/01 GPO 9100 425
Public Liability 2 Million 01/01/01 12/31/01 GPO 9100 476
See attached insurance certificates
Lessee:
WELD COUNTY Insurance Provider
' 1 k171116 / 114-
By: ��. By: Donald D. Warden
M. J, Geile (04/09 2001)
Its: Chair Its: President, CAPP
Date: 04/09/2001 .. Date: 04/09/2001
STATEMENT OF ESSENTIAL USE/SOURCE OF FUNDS
To further understand the essential governmental use intended for the equipment together with an
understanding of the sources from which payments will be made,please address the following
questions by completing this form or by sending a separate letter:
1. What is the specific use of the equipment?
2. Why is the equipment essential to the operation of WELD COUNTY?
3. Does the equipment replace existing equipment?
If so, why is the replacement being made?
4. Is there a specific cost justification for the new equipment?
If yes,please attach outline of justification.
5. What is the expected source of funds for the payments due under the Lease for
the current fiscal year and future fiscal years?
Lessee: WELD CO'p,TY
By: � � /✓14-1
M. J./Ceile
Its: Chair. We]d County Board of Comm-Ns-inners
Date: April 9. 2001
Form 8038-CC Information Return for Small Tax-Exempt
Governmental Bond Issues, Leases, and Installment Sales OMB No. 1545.0720
(Rev.November 2000) ► Under Internal Revenue Cade section 149(e)
Department of the Treasury Caution: If the issue price of the issue is$700,000 or more, use Form 8038-G.
Internal Revenue Service
Part I Reporting Authority Check box if Amended Return I. ❑
1 Issuer's name 2 Issuer's employer Identification number
Weld County
3 Number and street(or P.O.tax if mail is not deivered to street address) Room/suite
919 7th Street _
4 City,town,or post office,state,and ZIP code 5 Report number
Greeley, CO 80631 5
6 Name and title of officer or legal representative whom the IRS may call for more information 7 Telephone number of officer a legal representative
1 )
Part II Description of Obligations Check if reporting: a single issue 0 or on a consolidated basis ❑ .
ea Issue price of obligation(s) (see instructions) 8a $35,659.43
b Issue date (single issue) or calendar year(consolidated) (see instructions) ► t - `
9 Amount of the reported obligation(s) on line 8a:
a Used to refund prior issue(s) 9a
b Representing a loan from the proceeds of another tax-exempt obligation (e.g., bond bank) . 9b
10 If the issuer has designated any issue under section 265(b)(3)(B)(i)(lil) (small issuer exception), check this box . . . ►❑
11 If any obligation is in the form of a lease or installment sale, check this box ►0
12 If the issuer has elected to pay_a penalty in lieu of arbitrage rebate, check this box ►❑
Under penalties of perju ,I declare that I have examined this retum and accompanying schedules and statements, and to the best of my knowledge
and d belief,they are correct and complete.
Here
' �, 41v 04/09/2001 M. J. r.P;te Chair
•
Issuer's orized representative Date Type or print name and title
General Instructions Thus, an issuer may file a separate Form Other Forms That May Be Required
8038-GC for each of a number of small For rebating arbitrage(or paying a penalty in
Section references are to the Internal issues and report the remainder of small lieu of arbitrage rebate)to the Federal
Revenue Code unless otherwise noted. issues issued during the calendar year on one government, use Form 8038-T,Arbitrage
consolidated Form 8038-GC. However, a Rebate and Penalty in Lieu of Arbitrage
Purpose of Form separate Form 8038-GC must be filed to give
Form 8038-GC is used by the issuers of the IRS notice of the election to pay a penalty Rebate. For private activity bonds, use Form
8038, Information Return for Tax-Exempt
tax-exempt governmental obligations to in lieu of arbitrage rebate. Private Activity Bond Issues.
provide the IRS with the information required When To File
by section 149(e)and to monitor the Rounding to Whole Dollars
requirements of sections 141 through 150. To file a separate return,file Form 8038-GC You may show the money items on this
on or before the 15th day of the second return as whole-dollar amounts. To do so,
Who Must File calendar month after the close of the
Issuers of tax-exempt governmental calendar quarter in which the issue is issued. drop any amount less than 50 cents and
p _ increase any amount from 50 to 99 cents to
obligations with issue prices of less than To file a consolidated return, file Form the next higher dollar.
$100,000 must file Form 8038-GC. 8038-GC on or before February 15th of the
Issuers of a tax-exempt governmental calendar year following the year in which the Definitions
obligation with an issue price of$100,000 or issue is issued. Obligations.This refers to a single
more must file Form 8038-G, Information Late filing.An issuer may be granted an tax-exempt governmental obligation if Form
Return for Tax-Exempt Governmental extension of time to file Form 8038-GC under 8038-GC is used for separate reporting or to
Obligations. Section 3 of Rev. Proc. 88-10, 1988-1 C.B. multiple tax-exempt governmental obligations
Filing a separate return. Issuers have the 635,if it is determined that the failure to file if the form is used for consolidated reporting.
option to file a separate Form 8038-GC for on time is not due to willful neglect. Type or Tax-exempt obligation.This is a bond,
any tax-exempt governmental obligation with print at the top of the form, This Statement installment purchase agreement, or financial
an issueprice of less than $100,000. Is Submitted in Accordance with Rev. Proc.
lease, on which the interest is excluded from
An issuer of a tax-exempt bond used to 88-10."Attach to the Form 8038-GC a letter income under 03.1 section
finance construction expenditures must file a briefly stating why the form was not Tax-exempt governmental 103.l obligation.A
separate Form 8038-GC for each issue to submitted to the IRS on time. Also indicate 9 a
9
whether the obligation in question is under tax-exempt obligation that is not a private
give notice to the IRS that an election was examination by the IRS. Do not submit copies activity bond(see below)is a tax-exempt
made to pay a penalty in lieu of arbitrage of any bond documents,leases, or installment governmental obligation. This includes a bond
rebate(see the line 12 instructions). sale documents. See Where To File below. issued by a qualified volunteer fire
Filing a consolidated return.For all department under section 150(e).
tax-exempt governmental obligations with Where To File Private activity bond.This includes an
issue prices of less than$100,000 that are File Form 8038-GC, and any attachments, obligation issued as part of an issue in which:
not reported on a separate Form 8038-GC, with the Internal Revenue Service Center, • More than 10%of the proceeds are to be
an issuer must file a consolidated information Ogden. UT 84201- used for any private activity business use,
return including all such issues issued within
and
the calendar year.
cat No.641088 Form 8038—GC (Rev. 11-2000)
Certificate of Participation
Colorado Counties Casualty and Property Pool
For the Coverage Period January 1, 2001 through December 31, 2001
WELD COUNTY
Colorado Counties Casualty and Property Pool(CAPP)hereby certifies that Weld County is a participating
Member of CAPP for the period beginning January I, 2001 through December 31,2001. The coverages,
conditions of membership, and other provisions applicable to members of CAPP are as described in CAPP's
Bylaws and Intergovernmental Agreement and in the applicable excess policies, Policy Statements and
endorsements thereto, copies of which have been or will be provided to Weld County.
The types and monetary limits of the coverages provided to Weld County through membership in CAPP, in
consideration of the payment of its contributions, are limited, as of the date of this certificate,to those which
are shown below. The scope,terms,conditions, and limitations of coverages are governed by the
aforementioned agreement and policies.
I. The types of coverages,subject to the limit on CAPP's liability in Section II below,are as follows:
A. Property (including EDP,mobile equipment,and auto physical damage)
B. Liability
1. Bodily Injury, Property Damage(General Liability, Auto Liability)
2. Wrongful Acts committed in the conduct of duties(Public Entity Management Liability)
3. Bodily Injury,Property Damage,Personal Injury(Law Enforcement Liability)
4. Errors or omissions in the administration of an insured's employee benefits (Employee Benefits
Liability)
5. Injury resulting from healthcare professional services rendered by EMTs (Emergency Medical
Professional Liability)
C. Crime
I. Monies and Securities(inside)
2. Monies and Securities(outside)
3. Employee Fidelity
D. Boiler and Machinery
II. CAPP Retention,Aggregate Limits,and Member Deductibles
For the coverages described in Section I, CAPP shall be liable only for payment of the self-insured
retention and only to a total annual aggregate amount for members of CAPP as a whole of the amount of
the CAPP loss fund for the coverage period. CAPP's per claim/occurrence retention are limited to the
following for the foregoing coverages:
A. $150,000 per claim/occurrence property
B. $250,000 per claim/occurrence liability(per coverage line)
C. $150,000 per claim/occurrence crime
D. $5,000 per loss boiler and machinery
In addition, there is a maintenance deductible of $500.00, which applies to each of the County's first
party claims/occurrences/losses. Payment of the deductible reduces the amount otherwise payable
under the applicable CAPP retention.
Pertaining to all liability losses, CAPP has purchased an aggregate retention protection of$4 million.
Coverages in excess of the foregoing retention are provided only by the excess insurers in applicable
excess policies,and are payable only by those excess insurers. The limits of coverage provided by the
excess insurers are as follows:
A. Liability
From $250,000 per claim/occurrence to $2 million per claim/occurrence except for auto which
is non-aggregated,subject to the following:
All liability coverages are provided on a claims-made coverage form except for automobile
liability,which is on an occurrence form. In no event shall the maximum per
claim/occurrence payment exceed the following for general liability,auto liability,public
entity management liability,law enforcement liability,employee benefits liability or medical
professional liability claims subject to the Governmental Immunity Act: $150,000 per person
and$600,000 per occurrence. Additional limits,sublimits and aggregates apply as provided in
the applicable excess policies.
B. Crime
None
C. Boiler and Machinery
From $5,000 to the cost of repair/replacement for each actual loss sustained
D. Property
From $150,000 to $50,000,000 each occurrence. "All Risk" basis with sublimits of
$1,000,000 newly acquired property and$5,000,000 new construction each occurrence.
$500,000 unscheduled locations.Newly acquired property must be reported within 60 days.
The excess insurer for the coverage period is:
St.Paul Fire and Marine
Information concerning the CAPP loss fund for the coverage period may be obtained by contacting CAPP
through its Administrator, County Technical Services,Inc. (CTSI).
Colorado Counties Casualty and Property Pool
By:
Allen E. a ,CTSI Executive Director
December 7, 2000
z 1 CERTIFICATE NUMBER
n RS11�U'5° ►SIN C - , , S AlTa A E h0° t#h SU�NICE CERTIFICATE
NUMBER
00078853-00
�i : ,.,
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
PRODUCER NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
Marsh USA e.et POLICY.THIS CERTIFICATE DOES NOT AMEND.EXTEND OR ALTER THE COVERAGE
Sui a 2100 Stt re AFFORDED BY THE POUCIES DESCRIBED HEREIN.
Suite
Denver,CO 80202 COMPANIES AFFORDING COVERAGE
COMPANY
174XX-WELD-01235- A COLORADO COUNTIES CASUALTY&PROPERTY POOL
INSURED COMPANY
WELD COUNTY B St.Paul Fire&Marine Insurance Company
C/o COLORADO COUNTIES CASUALTY& COMPANY
PROPERTY POOL C
1700 BROADWAY SUITE 1512
DENVER,CO 80290 COMPANY
D
xa,. ..4,-,...4.- , _' �jca "SI` `4w i..° >+•� i .4i.;,:;,..,,,.-,� ,�f, }d0 .
4# Trns certificate sups sedesland rep acesl�ari• _NIPP , ed c AI ..eA;,,,,; ;. __ -.,
�` �..:.;. r P
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT.TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LIR TYPE OF INSURANCE DATE(MWDDIYY) DATE{MM/DO/YY)
GENERAL LIABILITY
GENERAL AGGREGATE $
A X COMMERCIAL GENERAL LIABILITY PER PARTICIPATION 01/01/01 01/01/02 PRODUCTS-COMP/OPAGG $ 250,000
VC. I X CLAIMS MADE I OCCUR
CERTIFICATE PERSONAL&ADV INJURY $ 250,000
EACH OCCURRENCE _ $ 250,000
OWNERS&CONTRACTOR'S PROT $
FIRE DAMAGE(Any one fire)
MED EXP(Any one person.) $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO I BODILY INJURY $
ALL OWNED AUTOS (Per person)
SCHEDULED AUTOS
BODILY INJURY $
HIRED AUTOS (Per accident)
NON-OWNED AUTOS
PROPERTY DAMAGE $
GARAGE LIABILTY AUTO ONLY-EA ACCIDENT $
OTHER THAN AUTO OALY: ':.� ` '
ANY AUTO EACH ACCIDENT $
AGGREGATE ,$
EXCESS UABIUTY EACH OCCURRENCE - $ 1,750,000
GP09100426 01/01/01 01/01/02 AGGREGATE $ 1,750,000
B UMBRELLA FORM $
X OTHER THAN UMBRELLA FORM WG STATU- I OTHf
WORKERS COMPENSATION AND TORY LIMITS I ER A iZ +
EMPLOYERS'LIABILITY EL EACH ACCIDENT $
THE PROPRIETOR/ INCL. EL DISEASE-POLICY LIMIT $
PARTNERS/EXECUTIVE EL DISEASE-EACH EMPLOYEE $
OFFICERS ARE: , EXCL
OTHER PER PARTICIPATION 101/01/01 01/01/02 $150,000-DED. $500 ALL
A PROP,MOB EQU,AUTO PD CERTIFICATE REAL&PERSONAL PROPERTY
B PROP,MOB EQU,AUTO PD GP09100425 01/01/01 01/01/02 $50,000,000 XS OF $150,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS(LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS)
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AND LOSS PAYEE AS RESPECTS LEASE OF COPY MACHINES
j .7. ,�4+ cLy c0, . ' g.ANt"iFw f1: ,S,M Y .-:',.—'!-V"':!-11;.1'7-.4'.:1 }1 .3.pV f
'-CRTIFICATEN�hUEF����``,- '�� r) .,a ,: ...;;�%,'.: '+Tr�� ,,._ :....t �-. ,. ..� , , �h.
R SHOULD ANY OF THE POLICIES OESCR16E0 HEREIN BE CANCELLED BEFORE THE£%PIRATION DATE THEREOF.
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL__aa DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE.ITS AGENTS OR REPRESENTATIVES.
MARSH USA INC. 1
W
By: Ray Leonard
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