2185 IRFQ Lease/Purchase Police VehiclesFINANCE
TRANSMITTAL MEMORANDUM
To: City Clerk's Office
RE: Request for Services
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
F-1 Development Order
F-1 Final Plat (original mylars)
F Letter of Credit
F-1 Maintenance Bond
F Ordinance
F-1 Performance Bond
Resolution
Lease/Purchase Agreement
Once completed, please:
F-1 Return original
F-1 Return copy
El
Special Instructions:
Mayor's signature
Recording
Rendering
Safe keeping (Vault)
Please advise if you have any questions regarding the above.
Thank you!
Fro�Q (j
February 10 2020
Date
C`4
ADDENDUM (FLORIDA)
Master Tax -Exempt Lease/Purchase Agreement
THIS ADDENDUM, which is entered into as of January 30, 2020 between U.S. Bank Government Leasing and Finance, Inc. ("Lessor") and
City of Sanford ("Lessee"), is intended to modify and supplement Property Schedule No. 4 (the "Property Schedule") to the Master Tax -
Exempt Lease/Purchase Agreement between Lessor and Lessee dated as of August 15, 2013 (the "Master Agreement"). Capitalized
terms not otherwise defined herein shall have the meanings set forth in the Master Agreement.
The Master Agreement is hereby amended as set forth below:
(a) Section 6.05 Continuation of Lease by Lessee is hereby deleted in its entirety and restated as follows:
6.05 Continuation of Lease by Lessee. Lessee intends to continue all Property Schedules entered into pursuant to this
Agreement and to pay the Lease Payments thereunder. Lessee represents it has funds available to pay the Lease Payments through
the end of the current fiscal year. Lessee agrees that its staff will provide during the budgeting process for each budget year to the
governing body of Lessee notification of any Lease Payments due under the Property Schedules during the following budget year.
Notwithstanding this covenant, if Lessee fails to appropriate the Lease Payments for a Property Schedule pursuant to Section 6.06,
such Property Schedule shall terminate at the end of the then current Original Term or Renewal Term. Although Lessee has made this
covenant, in the event that it fails to provide such notice, no remedy is provided and Lessee shall not be liable for any damages for its
failure to so comply.
(b) Section 7.03 (entitled "Security Interest") is deleted in its entirety.
(c) Section 8.03 Insurance is hereby deleted in its entirety and restated as follows:
8.03 Insurance. At its own expense, Lessee shall maintain (a) casualty insurance insuring the Property against loss or
damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State in an amount
equal to at least the outstanding principal component of Lease Payments, and (b) liability insurance that protects Lessor from liability in
all events wherein the City is deemed to be liable in an amount, not to exceed the Lessee's current general liability insurance coverage
and limits and (c) worker's compensation insurance covering all Lessee's employees working on, in, near or about the Property;
provided that Lessee may self -insure against all such risks. All insurance proceeds from casualty losses shall be payable as
hereinafter provided in this Agreement. All such insurance shall be with insurers that are authorized to issue such insurance in the
State. All such liability insurance shall name Lessor as certificate holder. All such casualty insurance shall contain a provision making
any losses payable to Lessor and Lessee as their respective interests may appear. Lessee will endeavor to provide Lessor written
notice at least thirty (30) days in advance of cancellation or modification as it might affect Lessor. Such changes shall not become
effective without Lessor's prior written consent. Lessee shall furnish to Lessor, on or before the Commencement Date for each
Property Schedule, and thereafter at Lessor's request, certificates evidencing such coverage, or, if Lessee self -insures, a written
description of its self-insurance program together with a certification from Lessee's risk manager or insurance agent or consultant to
the effect that Lessee's self-insurance program provides adequate coverage against the risks listed above.
(d) The last sentence of Section 12.01 is amended to read in its entirety as follows: "Lessee agrees to execute all
documents, including notices of assignment, that may be reasonably requested by Lessor or any assignee to protect its interests in
this Agreement and the Property Schedules."
(e) Section 12.04 Release and Indemnification Covenants is hereby deleted in its entirety and restated as follows:
12.04 Release and Indemnification Covenants. Lessee hereby, to the extent permitted by law, shall hold harmless and
indemnify Lessor from and against any and all liability, assertions, loss, claims, damages, costs, attorney's fees, judgments
and expenses of whatsoever kind or nature which the Lessor may sustain, suffer or incur or be required to pay by reason of a
loss resulting from the acts or omissions of the Lessee and/or the use of the Property. In the event that any action, suit or
proceeding is brought against Lessee or Lessor upon any alleged liability arising out of this Agreement asserted to have
resulted from the negligence, etc. of the Lessee the Lessee shall promptly provide notice in writing thereof to the Lessor by
registered or certified mail.
(f) Subsection 13.02(b) is amended to read as follows:
"(b) Lessor may terminate the Property Schedule, and may require Lessee, at Lessee's expense, to
promptly return any or all of the Property to the possession of Lessor at such place within the United States as Lessor
shall specify, and Lessor may thereafter dispose of the Property; provided, however, that any proceeds from the
disposition of the property in excess of the sum required to (i) pay any amounts then due under the Property Schedule,
including payments under Section 13.02(a), and (ii) pay Lessor's costs and expenses associated with the disposition of
the Property (including attorneys fees), shall be paid to Lessee or such other creditor of Lessee as may be entitled
thereto, and further provided that no deficiency shall be allowed against Lessee;"
(g) The last sentence of Section 13.02 (commencing with the word "Notwithstanding") is deleted in its entirety.
(h) A new Subsection 13.02(e) is added to the Master Agreement to read in its entirety as follows:
"(e) Following an Event of Default or an Event of Nona ppropriation hereunder and upon failure of Lessee
to voluntarily comply with Section 6.06 or 13.02(b), Lessor may take any action, at law, that is permitted by applicable
law and that may appear necessary or desirable to enforce or to protect any of its rights under the Property Schedule
and this Agreement against Lessee's legally available funds. Lessor and Lessee agree that there is no intention to
create under this Agreement and the applicable Property Schedule a right of Lessor to dispossess Lessee involuntarily
of the legal title to or the right of use of the Property. Lessor hereby irrevocably waives any right to specific performance
of Lessee's covenant to transfer legal title to and return of possession of the Property to Lessor. Lessor acknowledges
that in no event may it compel the use of ad valorem taxing power to compel Lessee to pay Lease Payments or other
payment obligations under this Agreement."
2. If Lessee utilizes the services of a procurement management program operated by another governmental authority in connection
with the acquisition of Property, Lessee shall be solely responsible for the payment of all rebates, revenues sharing and other fees payable
to such governmental authority in connection with its participation in such program, regardless of whether any available discount has been
applied in determining the amount of proceeds of the Property Schedule payable to the Vendor.
3. If Lessee is a county, Lessee represents and warrants to Lessor that:
(a) If the term of the Property Schedule exceeds five (5) years, Lessee represents and covenants to Lessor that the Lease
Payments with respect thereto are and will be payable from sources other than ad valorem taxes.
(b) The Property Schedule has been approved by the Board of County Commissioners of Lessee.
IN WITNESS WHEREOF, Lessor and Lessee have caused this Addendum to be executed in their nam s by their duly authorized
representatives as of the date first above written.
Lessor: U.S. Bank Government Leasing and
Finance, Inc.
By
Name:
L�dcG.�i9rL ��eCz��
li
Title:
Lessee: City of Sanford
B �.
Name: Teff Triplett",..' �
Title: Mayor, City of Sanford
Attest:
iN
By 1 im `� d t
Name: Traci Houchin
Title: City Clerk
�,. FORZ
t
ADDENDUM No. 2
Master Tax -Exempt Lease/Purchase Agreement
THIS ADDENDUM, which is entered into as of January 30, 2020 between U.S. Bancorp Government Leasing and Finance,
Inc. ("Lessor") and City of Sanford ("Lessee"), is intended to modify and supplement the Master Tax -Exempt Lease/Purchase
Agreement between Lessor and Lessee dated as of August 15, 2013 (the "Master Agreement"). Capitalized terms not
otherwise defined herein shall have the meanings set forth in the Master Agreement.
Section 6.08 is hereby added as follows:
Gross -Up. If an Event of Taxability occurs with respect to a Property Schedule, the interest component of Lease Payments on the Property
Schedule shall thereafter be payable at the Taxable Rate, and Lessee shall pay to Lessor promptly following demand an amount sufficient to
supplement prior Lease Payments on such Property Schedule so that Lessor receives the interest component of such Lease Payments,
retroactive to the date as of which the interest component is determined to be includible in the gross income of Lessor for federal income tax
purposes, calculated at the Taxable Rate, together with any penalties and interest actually imposed on Lessor as a result of the Event of
Taxability. For purposes of this Section, "Event of Taxability" means, with respect to a Property Schedule, (a) a final determination by the Internal
Revenue Service or a court of competent jurisdiction that the interest component of Lease Payments on the Property Schedule is includible for
federal income tax purposes in the gross income of Lessor, or (b) receipt by Lessor of a written opinion of a nationally recognized public finance
lawyer or law firm to the effect that there exists substantial doubt whether the interest component of Lease Payments on the Property Schedule is
excludible for federal income tax purposes from the gross income of Lessor, in each case due to any action or failure to take action by Lessee.
"Taxable Rate" means the interest rate at which the interest component of Lease Payments on a Property Schedule was originally calculated,
divided by 0.79.
IN WITNESS WHEREOF, Lessor and Lessee have caused this Addendum to be executed in their names by their
duly authorized representatives as of the date first above written.
N
Lessor: U.S. Bancorp Government Leasing and
Finance, Inc.
4.
B : W w.
��__.
Name:
Title:
Lessee: City of Sanford
B:
Name: Teff Trip et
Title: Mayor, City of Sanford
Attest:
B 1 t -
Name: Traci Houchin
Title: City Clerk
Property Schedule No.
Master Tax-Exempt Lease/Purchase Agreement
This Property Schedule No. 4 is entered into as of the Commencement Date set forth below, pursuant to that certain Master Tax-Exempt
Lease/Purchase Agreement (the "Master Agreement"), dated as of August 15, 2013, between U.S. Bancorp Government Leasing and Finance, Inc.,
and City of Sanford.
1. Interpretation. The terms and conditions of the Master Agreement are incorporated herein by reference as if fully set forth herein. Reference is made to
the Master Agreement for all representations, covenants and warranties made by Lessee in the execution of this Property Schedule, unless specifically
set forth herein. In the event of a conflict between the provisions of the Master Agreement and the provisions of this Property Schedule, the provisions
of this Property Schedule shall control. All capitalized terms not otherwise defined herein shall have the meanings provided in the Master Agreement.
2. Commencement Date. The Commencement Date for this Property Schedule is January 30, 2020.
3. Property Description and Payment Schedule. The Property subject to this Property Schedule is described in Exhibit 1 hereto. Lessee shall not remove
such property from the locations set forth therein without giving prior written notice to Lessor. The Lease Payment Schedule for this Property Schedule
is set forth in Exhibit 1.
4. Opinion. The Opinion of Lessee's Counsel is attached as Exhibit 2.
5. Lessee's Certificate. The Lessee's Certificate is attached as Exhibit 3.
6. Proceeds. Exhibit 4 is intentionally omitted.
7. Acceptance Certificate. Exhibit 5 is intentionally omitted.
8. Additional Purchase Option Provisions. In addition to the Purchase Option provisions set forth in the Master Agreement, Lease Payments payable
under this Property Schedule shall be subject to prepayment in whole at any time by payment of the applicable Termination Amount set forth in Exhibit
1 (Payment Schedule) and payment of all accrued and unpaid interest through the date of prepayment.
This Property Schedule No. 4 is subject to optional redemption before maturity at the sole option of the Lessee from any available monies at any
time, in whole and not in part, on any date after February 30, 2021 at a redemption price equal to 100% of the outstanding principal amount of this
Property Schedule, plus interest accrued to the date fixed for redemption, plus a prepayment indemnity ("Prepayment Fee') equal to the greater of
zero, or that amount, calculated on any date of redemption ("Prepayment Date"), which is derived by subtracting: (a) the outstanding principal
amount of the Property Schedule on such Prepayment Date from (b) the Net Present Value of the outstanding principal amount of the Property
Schedule on such Prepayment Date; provided, however, that the Prepayment Fee shall not in any event exceed the maximum prepayment fee
permitted by applicable law.
"Net Present Value" shall mean the amount which is derived by summing the present values of each prospective payment of principal (including
mandatory sinking fund redemptions) and interest which, without such full or partial prepayment, could otherwise have been received by the
Lessor over the shorter of the remaining contractual life of the Property Schedule. The individual discount rate used to present value each
prospective payment of interest and/or principal shall be the Money Market Rate At Prepayment for the maturity matching that of each specific
payment of principal and/or interest.
"Money Market Rate At Prepayment" shall mean that zero-coupon rate, calculated on the Prepayment Date, and determined solely by the
Lessor, as the rate at which the Lessor would be able to borrow funds in Money Markets for the prepayment amount matching the maturity of a
specific prospective Property Schedule payment, adjusted for any reserve requirement and any subsequent costs arising from a change in
government regulation. A separate Money Market Rate At Prepayment will be calculated for each prospective interest and/or principal payment
date.
"Money Markets" shall mean one or more wholesale funding markets available to and selected by the Lessor, including negotiable certificates of
deposit, commercial paper, Eurodollar deposits, bank notes, federal funds, interest rate swaps or others.
In calculating the amount of such Prepayment Fee, the Lessor is hereby authorized by the Lessee to make such assumptions regarding the
source of funding, redeployment of funds and other related matters, as the Lessor may deem appropriate. If the Lessee fails to pay any
Prepayment Fee when due, the amount of such Prepayment Fee shall thereafter bear interest until paid at the rate per annum that would be
applicable to this Property Schedule following a Rate Increase Trigger Event. The Lessor's internal records of applicable interest rates shall be
determinative in the absence of manifest error.
The Lessee hereby acknowledges to the Lessor that the Lessee shall be required to pay the Prepayment Fee with respect to any portion of the
principal balance paid before its scheduled due date or the date of a mandatory sinking fund redemption payment with respect thereto, whether
voluntarily, involuntarily, or otherwise, including without limitation any principal payment made following default, demand for payment, collection
proceedings, foreclosure, sale or other disposition of collateral, bankruptcy or other insolvency proceedings, or otherwise. Such Prepayment Fee
shall at all times be an obligation as well as an undertaking by the Lessee to the Lessor whether arising out of a voluntary or mandated
prepayment.
9. Private Activity Issue. Lessee understands that among other things, in order to maintain the exclusion of the interest component of Lease Payments
from gross income for federal income tax purposes, it must limit and restrict the rights private businesses (including, for this purpose, the federal
government and its agencies and organizations described in the Code § 501(c)(3)) have to use the Property. Each of these requirements will be
applied beginning on the later of the Commencement Date or date each portion of the Property is placed in service and will continue to apply until
earlier of the end of the economic useful life of the property or the date the Agreement or any tax-exempt obligation issued to refund the Property
Schedule is retired (the "Measurement Period"). Lessee will comply with the requirements of Section 141 of the Code and the regulations thereunder
which provide restrictions on special legal rights that users other than Lessee or a state or local government or an agency or instrumentality of a state or
a local government (an "Eligible User') may have to use the Property. For this purpose, special legal rights may arise from a management or service
agreement, lease, research agreement or other arrangement providing any entity except an Eligible User the right to use the Property. Any use of the
Property by a user other than an Eligible User is referred to herein as "Non -Qualified Use". Throughout the Measurement Period, all of the Property is
expected to be owned by Lessee. Throughout the Measurement Period, Lessee will not permit the Non -Qualified Use of the Property to exceed 10%.
10. Bank Qualification and Arbitrage Rebate. Attached as Exhibit 6
11. Expiration. Lessor, at its sole determination, may choose not to accept this Property Schedule if the fully executed, original Master Agreement
(including this Property Schedule and all ancillary documents) is not received by Lessor at its place of business by March 11, 2020.
12. Continuing Disclosure. Lessor acknowledges that, in connection with Lessee's compliance with any continuing disclosure undertakings (each, a
"Continuing Disclosure Agreement") entered into by Lessee pursuant to SEC Rule 15c2-12 promulgated pursuant to the Securities and Exchange Act of
1934, as amended (the "Rule"), Lessee may be required to file with the Municipal Securities Rulemaking Board's Electronic Municipal Market Access
system, or its successor ("EMMA"), notice of its incurrence of its obligations under this Property Schedule and notice of any accommodation, waiver,
amendment, modification of terms or other similar events reflecting financial difficulties in connection with this Property Schedule, in each case
including a description of the material terms thereof (each such notice, an "EMMA Notice"). Lessee shall not file or submit or permit the filing or
submission of any EMMA Notice that includes any of the following unredacted information regarding Lessor or the Escrow Agent: physical or mailing
addresses, account information, e-mail addresses, telephone numbers, fax numbers, tax identification numbers, or titles or signatures of officers,
employees or other signatories. Lessee acknowledges and agrees that Lessor is not responsible in connection with any EMMA Notice relating to this
Property Schedule for Lessee's compliance or noncompliance (or any claims, losses or liabilities arising therefrom) with the Rule, any Continuing
Disclosure Agreement or any applicable securities laws, including but not limited to those relating to the Rule.
IN WITNESS WHEREOF, Lessor and Lessee have caused this Property Schedule to be executed in their names by their duly authorized representatives as
of the Commencement Date above.
Lessor: U.S. Bancorp Government Leasing and
Finance, Inc.
Name: T
Title:
Lessee: City of Sanford
B
Name: Jeff Tri lett
Title: Mayor, Citvof Sanford _
Attest: �q
By
Name: Traci Houchin
Title: City Clerk
CNN FoRp
��C �,: r� p �•�,• w" ,ed, 4µ
JEXHIBIT 11
Property Description and Pament Sche--d-u7le
Re: Property Schedule No. 4toMaster Tax-ExemptLeaoe/PunoheeeAgneemantbebweenU.S.BencorpGovemmont
Leasing and Finance, Inc. and City of Sanford.
THE PROPERTY |SASFOLLOWS: The Property as more fully described in Exhibit A incorporated herein by reference
and attached hereto. |tincludes all rep|aoemente, pada, n*paim, odditions, accessions and accessories incorporated
therein or affixed or attached thereto and any and all proceeds of the foregoing, including, without limitation, insurance
recoveries.
PROPERTY LOCATION:
City, State Zip
USE: Police Vehicles - This use is essential to the proper, efficient and economic functioning of Lessee or to the services
that Lessee provides; and Lessee has immediate need for and expects to make immediate use of substantially all of the
Property, which need is not temporary or expected to diminish in the foreseeable future.
Lease Payment Schedule
Total Princir)al Amount: $481.45700
Payment No.
Due Date
Lease
Payment
Principal
Portion
Interest
Portion
Termination
Amount
(After Making Payment
for said Due Date)
2
30 -Jul -20
31,381.94
29,126.36
2,255.58
N.A.
5
30 -Apr -21
31,381.94
29,564.12
1,817.82
335,095.62
6
30 -Jul -21
31,381.94
29,711.49
1,670.45
305,384.13
7
30 -Oct -21
31,381.94
29,859.61
1,522.33
275,524.53
8
30 -Jan -22
31,381.94
30,008.46
1,373.48
245,516.07
9
30 -Apr -22
31,381.94
30,158.05
1,223.89
215,358.02
10
30 -Jul -22
31,381.94
30,308.39
1,073.55
185,049.64
11
30 -Oct -22
31,381.94
30,459.45
922.49
154,590.17
12
30 -Jan -23
31,381.94
30,611.31
770.63
123,978.85
13
30 -Apr -23
31,381.94
30,763.91
618.03
93,214.94
14
30 -Jul -23
31,381.94
30,917.27
464.67
62,297.67
15
30 -Oct -23
31,381.94
31,071.39
310.55
31,226.28
16
30 -Jan -24
31,381.94
31,226.29
155.65
0
Interest Rate: 1.904%
Lessee: City of Sanford
Title: Mayor, City of Sanford
WMIT-1w.,
jProperty Descriptionj
Police Vehicles
VIN#s to be determined
Lessee's General and Incumbency Certificate
GENERAL CERTIFICATE
Re: Property Schedule No. 4 dated as of January 30, 2020 to the Master Tax -Exempt Lease/Purchase Agreement
dated August 15, 2013 between U.S. Bancorp Government Leasing and Finance, Inc. and City of Sanford.
The undersigned, being the duly elected, qualified and acting Mayor, City of Sanford
(Title of Person to Execute Lease/Purchase Agreement)
of the City of Sanford ("Lessee") does hereby certify, as of January 30, 2020, as follows:
1. Lessee did, at a meeting of the governing body of the Lessee, by resolution or ordinance duly enacted, in
accordance with all requirements of law, approve and authorize the execution and delivery of the above -referenced
Property Schedule (the "Property Schedule") and the Master Tax -Exempt Lease/Purchase Agreement (the "Master
Agreement") by the undersigned.
2. The meeting(s) of the governing body of the Lessee at which the Master Agreement and the Property
Schedule were approved and authorized to be executed was duly called, regularly convened and attended throughout by
the requisite quorum of the members thereof, and the enactment approving the Master Agreement and the Property
Schedule and authorizing the execution thereof has not been altered or rescinded. All meetings of the governing body of
Lessee relating to the authorization and delivery of Master Agreement and the Property Schedule have been: (a) held
within the geographic boundaries of the Lessee; (b) open to the public, allowing all people to attend; (c) conducted in
accordance with internal procedures of the governing body; and (d) conducted in accordance with the charter of the
Lessee, if any, and the laws of the State.
3. No event or condition that constitutes, or with the giving of notice or the lapse of time or both would
constitute, an Event of Default or a Nonappropriation Event (as such terms are defined in the Master Agreement) exists at
the date hereof with respect to this Property Schedule or any other Property Schedules under the Master Agreement.
4. The acquisition of all of the Property under the Property Schedule has been duly authorized by the
governing body of Lessee.
5. Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds
for the current budget year to make the Lease Payments scheduled to come due during the current budget year under the
Property Schedule and to meet its other obligations for the current budget year and such funds have not been expended
for other purposes.
6. As of the date hereof, no litigation is pending, (or, to my knowledge, threatened) against Lessee in any
court (a) seeking to restrain or enjoin the delivery of the Master Agreement or the Property Schedule or of other
agreements similar to the Master Agreement; (b) questioning the authority of Lessee to execute the Master Agreement or
the Property Schedule, or the validity of the Master Agreement or the Property Schedule, or the payment of principal of or
interest on, the Property Schedule; (c) questioning the constitutionality of any statute, or the validity of any proceedings,
authorizing the execution of the Master Agreement and the Property Schedule; or (daffecting the provisions made for the
payment of or security for the Master Agreement and the Property Schedule.
IN WITNESS WHEREOF, the undersigned has executed this Certificate as of Janu �y 0, 2020. ,? .
City of Sanford414
By Cr w E r,rJ
Signature of Person td, ement
t cu as /ogre
Jeff Tri lett, Ma or C ` of Sanford
p Y tY
Print Name and Title of Person to Execute Lease/Purchase Agreement
INCUMBENCY CERTIFICATE
Re: Property Schedule No. 4 dated as of January 30, 2020 to the Master Tax -Exempt Lease/Purchase Agreement
dated as of August 15, 2013 between U.S. Bancorp Government Leasing and Finance, Inc. and City of Sanford.
The undersigned, being the duly elected, qualified and acting Secretary or Clerk of the City of Sanford ("Lessee") does
hereby certify, as of January 30, 2020, as follows:
As of the date of the meeting(s) of the governing body of the Lessee at which the above -referenced Master
Agreement and the Property Schede were approved and authorized to be executed, and as of the date hereof, the
below -named representative of the e -held and holds the office set forth below, and the signature set forth below is
his/her true and correct sign. -Are. '
Jeff Triplett, Mayor - City of Sanford
(Print Name and Title)
IN WITNESS WHEREOF, the undersigned has executed this Certificate as of January 30, 2020.
City Clerk
Print Name
and Title: Traci Houchin, City Clerk
11:11MIRME
JPayment of Proceeds Instructions]
Intentionally Omitted.
[Acceptance Certif
Intentionally Omitted.
jBank Qualification And Arbitrage Rebatei
U.S. Bancorp Government Leasing and Finance, Inc.
13O10SVV8OthParkway, Suite 100
Portland, DR97223
Re: Property Schedule No. 4 t Master Tax -Exempt Lease/PunuhaueAgreement between U.S. Bancorp Government
Leasing and Finance, Inc. and City of Sanford
PLEASE CHECK EITHER:
Bank Qualified Tax -Exempt Obligation under Section 265
Lessee hereby designates this Property Schedule ueo"qualifiedtax*xmptobligation" osdefined inSection
265(b)(3)(B) of the Code. Lessee reasonably anticipates issuing tax-exempt obligations (excluding private ecdvdY bonds
other than qualified 501(c)(3) bonds and including all tax-exempt obligations of subordinate entities of the Lessee) during the
calendar year in which the Commencement Date of this Property Schedule falls, in an amount not exceeding $10,000,000.
IOTA
_XNot applicable.
Arbitrage Rebate
Eighteen Month Exception:
Pursuant to Treasury Regulations Section 1.148-7(d), the gross proceeds of this Property Schedule will be expended
for the governmental purposes for which this Property Schedule was entered into, as follows: atleast 1596within six months
after the Commencement Date, at least 8096 within 12 months after the Commencement Deha. and 10096 within 18 months
after the Commencement Date. |fLessee isunable tocomply with Section 1.148-7(d)ofthe Treasury Regulations, Lessee
shall compute rebatable arbitrage on this Agreement and pay rebatable arbitrage to the United States at least once every five
years, and within GUdays after payment ofthe final Lease Payment due under this Agreement.
Consult tax counsel if there is any chance that the Eighteen Month Exceptionivill not be met.
Lessee: City ofSanford
Name: Jeff Tri lllei't�'U -lo
_�.Tc r
-
Title: Mavor, Civ of Sanford
*Please b=sure u,select ONE
�\
Notification of Tax Treatment to Tax -Exempt Lease/Purchase Agreement
This Notification of Tax Treatment is pursuant to the Master Tax -Exempt Lease/Purchase Agreement dated as of August
15, 2013 and the related Property Schedule No. 4 dated January 30, 2020, between Lessor and Lessee (the "Agreement").
Lessee agrees that this Property Schedule SHOULD be subject to sales/use taxes
X Lessee agrees that this Property Schedule should NOT be subject to sales/use taxes and Lessee has included
our tax -exemption certificate with this document package
Lessee agrees that this Property Schedule should NOT be subject to sales/use taxes and no tax -exemption
certificate is issued to us by the State
Lessee agrees that this Property Schedule is a taxable transaction and subject to any/all taxes
Lessee agrees that this Property Schedule is subject to sales/use taxes and will pay those taxes directly to the
State or Vendor
IN WITNESS WHEREOF, Lessee has caused this Notification of Tax Treatment to be executed by their duly authorized
representative.
Lessee: City of Sanford
Name: Jeff Tri
Title: Mavor, Citv of Sanford
ME
1
IT. Is"J,
0000028 05/18/17
DR -14
g COnstamer's Certificate of Exemption R. 10/15
Issued Pursuant to Chapter 212, Florida Statutes
FLORIDA
85-8012621681C-8 07/31/2017 07/31/2022 MUNICIPAL GOVERNMENT
Certificate Number Effective Date Expiration Date Exemption Category
This certifies that
CITY OF SANFORD
300 N PARK AVE
SANFORD FL 32771-1244
is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible
personal property purchased or rented, or services purchased.
a
FLORIDA
1.
2
3
Important •' y • for •Organizations
DR -14
R. 10/15
You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases.
See Rule 12A-1.038, Florida Administrative Code (F.A.C.).
Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's
customary nonprofit activities.
Purchases made by an individual on behalf of the organization are taxable, even if the individual will be
reimbursed by the organization.
4. This exemption applies only to purchases your organization makes. The sale or lease to others of tangible
personal property, sleeping accommodations, or other real property is taxable. Your organization must register,
and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this
requirement except when they are the lessor of real property (Rule 12A-1.070, F.A.C.).
It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no
circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for
payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third-degree
felony. Any violation will require the revocation of this certificate.
6. If you have questions regarding your exemption certificate, please contact the Exemption Unit of Account
Management at 800-352-3671. From the available options, select "Registration of Taxes," then "Registration
Information," and finally "Exemption Certificates and Nonprofit Entities." The mailing address is PO Box 6480,
Tallahassee, FL 32314-6480.
!� !
111 -Under Internal Revenue Code section 149(e)
(Rev. September 2018) 0 -See separate instructions. OMB No. 15 i5-0720
Department of the Treasury Caution: If the issue price is under $100,000, use Form 8038 -GC.
Internal Revenue Service ► Go to www.irs.gov/F8=G for instructions and the latest information.
!moi■ Reportinq Authority If Amended Return_ check here ► F]
1 Issuer's name
2 Issuer's employer identification number (EIN)
City of Sanford
59-6000425
3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions)
3b Telephone number of other person shown on 3a
Cynthia Lindsa
407-688-5020
4 Number and street (or P.O. box if mail is not delivered to street address)
Room/suite
5 Report number (For IRS Use Only)
300 N Park Ave
14
1 3
6 City, town, or post office, state, and ZIP code
7 Date of issue
Sanford, rd 32771
1/27/2020
8 Name of issue
9 CUSIP number
Police Lease
n/a
10a Name and title of officer or other employee of the issuer whom the IRS may call for more information (see
10b Telephone number of officer or other
instructions)
employee shown on 10a
Cythina Lindsay, Director of Finance
407-688-5020
ype or Issue ,;enter the issue price). bee the instructions and attach schedule.
(c) Stated redemption
price at maturity
11
Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
12
Health and hospital . . . . . . . . . . . . . . . . . . . . . . . . . .
12
13
Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
14
Public safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14
15
Environment (including sewage bonds) . . . . . . . . . . . . . . . . . . . .
15
16
Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16
17
Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17
18
Other. Describe ►
18
19a
If bonds are TANS or RANs, check only box 19a . . . . . . . . . . . . . . . ► ❑
25
b
If bonds are BANS, check only box 19b . . ® ❑
20
If bonds are in the form of a lease or installment sale, check box . I► ❑
26
' .
Description of Bonds. Complete for the entire issue for which this form is being filed.
(a) Final maturity date (b) Issue price
(c) Stated redemption
price at maturity
(d) Weighted
average maturity
(e) Yield
21
1/30/2024 $ 481,457
$ 481,457
4 years
1.994 %
Uses of Proceeds of Bond Issue (including underwriters' discount)
22
Proceeds used for accrued interest . . . . . . . . . . . . . . . . . . . . .
22
481 457
23
Issue price of entire issue (enter amount from line 21, column (b)) . . . . .
23
24
Proceeds used for bond issuance costs (including underwriters' discount)
24
25
Proceeds used for credit enhancement . . . . . . . . . . . .
25
26
Proceeds allocated to reasonably required reserve or replacement fund
26
27
Proceeds used to refund prior tax-exempt bonds. Complete Part V .
27
28
Proceeds used to refund prior taxable bonds. Complete Part V . . . .
28
29
Total (add lines 24 through 28) . . . . . . . . . . . . . . . . . . . . . . .
29
481 457
30
Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here)
30
S
Description of Refunded Bonds. Complete this part only for refunding bonds.
31
Enter the remaining weighted average maturity of the tax-exempt bonds to be refunded . . . 1►
n/a years
32
Enter the remaining weighted average maturity Of the taxable bonds to be refunded . . . . b►
n/a years
33
Enter the last date on which the refunded tax-exempt bonds will be called (MM/DD/YYYY) ►
n/a
34
Enter the date(s) the refunded bonds were issued ►(MM/DDNYYY)
For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 63773S
Form 8038-G (Rev. 9-2018)
Form 8038-G (Rexa-2n N page 2
liscellaneous
35 Enter the amount of the state volume cap allocated to the issue under section 141 (b)(5) . . . . 35 n/a
36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract
b Enter the final maturity date of the GIC 0- (MM/DD/YYYY)
c Enter the name of the GIC provider 0-
37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans
38a If this issue is a loan made from the proceeds of another tax-exempt issue, check box 0- El and enter the following information:
b Enter the date of the master pool bond 0- (MM/DD/YYYY)
c Enter the El N of the issuer of the master pool bond 0-
d Enter the name of the issuer of the master pool bond 0-
39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(111) (small issuer exception), check box . . . . 01, El
40 |fthe issuer has elected 10pay upenalty inlieu ofarbitrage rebate, ohonkbox . . . . . . . . . . . . . 0'. El
41a If the issuer has identified uhedge, check here lo- F-1and enter the following information:
b Name ofhedge provider Do-
c Type ofhedge No-
d Term nfhedge 0,-
42 |fthe issuer has auperintegratedthe hedge, check box . . . . . . . . . . . . . . . . . . . �~ []
43 If the issuer has established written procedures to ensure that all nonqua|ifi*d bonds of this issue are mmediated
according to the requirements under the Code and Regulations (see instructions), check box . . . . . . . . lo [l
44 If the issuer has established written procedures to monitor the requirements of section 148, check box . . . . . m~ []
45o If some portion of the proceeds was used to reimburse expenditures, check here P* [] and enter the amount
fib
b Enter the date the official intent was adopte�l_ (M'M/*DD'/YY*YY)
Under penalties of perjury, I declare that I hav xami ed this return and accompanying schedules and statements, and to the best of my knowledge
11
Signature and belief, they are true, correct, nd complet I f, er declare that I consent to the IRS's disclosure of the issuer's return information, as necessary to
process this return, to the pers th , I o 'zed above.
and
Consent
e riplett, Mayor -City of Sanford
Signature of issuer's aut or! e r es tive Date Type or print name and title
Preparer
Use Only Firm', name 0Firm's EIN ll�
Firm's address ll� Ph— —
FormWu�U (Rev. 9-2018)
ESCROW AGREEMENT
THIS ESCROW AGREEMENT ("Escrow Agreement') is made as of January 30, 2020 by and among U.S.
Bancorp Government Leasing and Finance, Inc. ("Lessor'), City of Sanford ("Lessee') and U.S. BANK NATIONAL
ASSOCIATION, as escrow agent ("Escrow Agent').
Lessor and Lessee have heretofore entered into that certain Master Tax -Exempt Lease/Purchase
Agreement dated as of August 15, 2013 (the "Master Agreement') and a Property Schedule No. 4 thereto dated
January 30, 2020 (the "Schedule" and, together with the terms and conditions of the Master Agreement
incorporated therein, the `Agreement'). The Schedule contemplates that certain personal property described
therein (the "Equipment') is to be acquired from the vendor(s) or manufacturer(s) thereof (the "Vendor). After
acceptance of the Equipment by Lessee, the Equipment is to be financed by Lessor to Lessee pursuant to the
terms of the Agreement.
The Master Agreement further contemplates that Lessor will deposit an amount equal to the anticipated
aggregate acquisition cost of the Equipment (the "Purchase Price'), being $481,457.00, with Escrow Agent to be
held in escrow and applied on the express terms set forth herein. Such deposit, together with all interest and other
additions received with respect thereto (hereinafter the "Escrow Fund') is to be applied to pay the Vendor its
invoice cost (a portion of which may, if required, be paid prior to final acceptance of the Equipment by Lessee);
and, if applicable, to reimburse Lessee for progress payments already made by it to the Vendor of the Equipment.
The parties desire to set forth the terms on which the Escrow Fund is to be created and to establish the
rights and responsibilities of the parties hereto.
Now, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) in hand paid, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. Escrow Agent hereby agrees to serve as escrow agent upon the terms and conditions set forth herein.
The moneys and investments held in the Escrow Fund are for the benefit of Lessee and Lessor, and such
moneys, together with any income or interest earned thereon, shall be expended only as provided in this Escrow
Agreement, and shall not be subject to levy or attachment or lien by or for the benefit of any creditor of either
Lessee or Lessor. Lessor, Lessee and Escrow Agent intend that the Escrow Fund constitute an escrow account in
which Lessee has no legal or equitable right, title or interest until satisfaction in full of all conditions contained
herein for the disbursement of funds by the Escrow Agent therefrom. However, if the parties' intention that Lessee
shall have no legal or equitable right, title or interest until all conditions for disbursement are satisfied in full is not
respected in any legal proceeding, the parties hereto intend that Lessor have a security interest in the Escrow
Fund, and such security interest is hereby granted by Lessee to secure payment of all sums due to Lessor under
the Master Agreement. For such purpose, Escrow Agent hereby agrees to act as agent for Lessor in connection
with the perfection of such security interest and agrees to note, or cause to be noted, on all books and records
relating to the Escrow Fund, the Lessor's interest therein.
2. On such day as is determined to the mutual satisfaction of the parties (the "Closing Date'), Lessor
shall deposit with Escrow Agent cash in the amount of the Purchase Price, to be held in escrow by Escrow Agent
on the express terms and conditions set forth herein.
On the Closing Date, Escrow Agent agrees to accept the deposit of the Purchase Price by Lessor, and
further agrees to hold the amount so deposited together with all interest and other additions received with respect
thereto, as the Escrow Fund hereunder, in escrow on the express terms and conditions set forth herein.
3. Escrow Agent shall at all times segregate the Escrow Fund into an account maintained for that
express purpose, which shall be clearly identified on the books and records of Escrow Agent as being held in its
capacity as Escrow Agent. Securities and other negotiable instruments comprising the Escrow Fund from time to
time shall be held or registered in the name of Escrow Agent (or its nominee). The Escrow Fund shall not, to the
extent permitted by applicable law, be subject to levy or attachment or lien by or for the benefit of any creditor of
any of the parties hereto (except with respect to the security interest therein held by Lessor).
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4. The cash comprising the Escrow Fund from time totime shall beinvested and reinvested byEscrow
Agent in one or more investments as directed by Lessee. Absent written direction from Leseeo, the nemh will be
invested in the U.S. Bank National Association Money Market Deposit Fund. Sea Exhibit 1 Investment Direction
Letter. Laaeea represents and warrants to Escrow Agent and Lessor that the investments selected by Lessee for
investment of the Escrow Fund are permitted investments for Lessee under all applicable laws. Escrow Agent will
use due diligence to collect amounts payable under o check orother instrument for the payment of money
comprising the Escrow Fund and shall promptly notify Lessee and Lessor in the event ofdishonor ofpayment
under any such check or other instruments. Interest or other amounts earned and received by Escrow Agent with
respect to the Escrow Fund shall be deposited in and comprise a part of the Escrow Fund. Escrow Agent shall
maintain accounting records sufficient to permit calculation of the income on investments and interest earned on
deposit of amounts held in the Escrow Fund. The parties acknowledge that to the extent regulations of the
Comptroller ofCurrency orother applicable regulatory entity grant right to receive brokerage confirmations of
security transactions of the escrow, the parties waive receipt of such confirmations, to the extent permitted by law.
The Escrow Agent shall furnish a statement of security transactions on its regular monthly reports. Attached as
Exhibit 6 is the Class Action Negative Consent Letter to be reviewed by Lessee.
5. Upon request by Lessee and Lessor, Escrow Agent shall send monthly statements ofaccount ho
Lessee and Lessor, vvhkzh statements shall set forth all withdrawals from and interest earnings on the Escrow
Fund aowell osthe investments inwhich the Escrow Fund isinvested.
8. Escrow Agent shall take the following actions with respect tothe Escrow Fund:
(o) Upon Escrow Agent's acceptance of the deposit of the Purchase Price, an amount equal
to Escrow Agent's set-up fee, as set forth on Exhibit 2 hereto, shall be disbursed from the Escrow Fund to
Escrow Agent inpayment ofsuch fee.
(b) Escrow Agent mheU pay costs of the Equipment upon receipt of a duly executed
Requisition Request (substantially in the format ofExhibit 3) signed by Lessor and Lessee. Lessee's
authorized signatures are provided in Exhibit attached hereto. Escrow Agent will use best efforts to
process requests for payment within one (1) business day of receipt of requisitions received prior to 2:00
p.m. Central Time. The final Requisition shall be accompanied by a duly executed Final Acceptance
Certificate form attached asExhibit 4hereto.
Escrow Agent is authorized but shall not be required to seek confirmation of such
instructions by telephone call-back to any person designated by the instructing party on Exhibit 5 hereto,
and Escrow Agent may rely upon the confirmation of anyone purporting to be a person so designated.
The persons and telephone numbers for call-backs may be changed only in writing actually received and
acknowledged by Escrow Agent and shall be effective only after Escrow Agent has a reasonable
opportunity toact onsuch changes. |fEscrow Agent imunable tocontact any nfthe designated
representatives identified in Exhibit 5, Escrow Agent is hereby authorized but shall be under noduty ho
seek confirmation of such instructions by telephone call-back to any one or more of Depositor's or
Recipient's executive officers (' ').aathe case may be, which shall include the titles of
Chief Executive Officer, President and Vice President, as Escrow Agent may select. Such Executive
Officer shall deliver to Escrow Agent a fully executed incumbency certificate, and Escrow Agent may rely
upon the confirmation ofanyone purporting toboany such officer. Depositor and Recipient agree that
Escrow Agent may at its option record any telephone calls made pursuant to this Section. Escrow Agent
in any funds transfer may rely solely upon any account numbers or similar identifying numbers provided by
Depositor or Recipient to identify (i) the beneficiary, (ii) the beneficiary's bank, or (iii) an intermediary bank,
even when its use may result in a person other than the beneficiary being paid, or the transfer of funds to
a bank other than the beneficiary's bank or an intermediary bank so designated. Depositor and Recipient
acknowledge that these optional security procedures are commercially reasonable.
(o) Upon receipt by Escrow Agent of written notice from Lessor that an Event of Default or an
Event of Nunappropriation (if provided for under the K8aahar AoneennmnU has occurred under the
Aonaennent, all funds then on deposit in the Escrow Fund shall be paid to Loeanr for application in
accordance with the Master Agreement, and this Escrow Agreement shall terminate.
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(d) Upon receipt by Escrow Agent of written notice from Lessor that the purchase price of the
Equipment has been paid in full, Escrow Agent shall pay the funds then on deposit in the Escrow Fund to
Lessor to be applied first to the next Lease Payment due under the Master Agreement, and second, to
prepayment of the principal component of Lease Payments in inverse order of maturity without premium.
To the extent the Agreement is not subject to prepayment, Lessor consents to such prepayment to the
extent of such prepayment amount from the Escrow Fund. Upon disbursement of all amounts in the
Escrow Fund, this Escrow Agreement shall terminate.
(e) This Escrow Agreement shall terminate upon the distribution of all the amounts in the
Escrow Fund pursuant to any applicable provision of this Agreement, and Escrow Agent will thereafter
have no further obligation or liability whatsoever with respect to this Agreement.
7. The flees and expenses, including any legal fees, of Escrow Agent incurred in connection herewith
shall be the responsibility of Lessee. The basic fees and expenses of Escrow Agent shall be as set forth on
Exhibit 2 and Escrow Agent is hereby authorized to deduct such fees and expenses from the Escrow Fund as and
when the same are incurred without any further authorization from Lessee or Lessor. Escrow Agent may employ
legal counsel and other experts as it deems necessary for advice in connection with its obligations hereunder.
Escrow Agent waives any claim against Lessor with respect to compensation hereunder.
8. Escrow Agent shall have no liability for acting upon any written instruction presented by Lessor in
connection with this Escrow Agreement, which Escrow Agent in good faith believes to be genuine. Furthermore,
Escrow Agent shall not be liable for any act or omission in connection with this Escrow Agreement except for its
own negligence, willful misconduct or bad faith. Escrow Agent shall not be liable for any loss or diminution in value
of the Escrow Fund as a result of the investments made by Escrow Agent.
9. Escrow Agent may resign at any time by giving thirty (30) days' prior written notice to Lessor and
Lessee. Lessor may at any time remove Escrow Agent as Escrow Agent under this Escrow Agreement upon
written notice. Such removal or resignation shall be effective on the date set forth in the applicable notice. Upon
the effective date of resignation or removal, Escrow Agent will transfer the Escrow Fund to the successor Escrow
Agent selected by Lessor.
10. Lessee hereby represents, covenants and warrants that pursuant to Treasury Regulations Section
1.148-7(d), the gross proceeds of the Agreement will be expended for the governmental purposes for which the
Agreement was entered into, as follows: at least 15% within six months after the Commencement Date, such date
being the date of deposit of funds into the Escrow Fund, at least 60% within 12 months after the Commencement
Date, and 100% within 18 months after the Commencement Date. If Lessee is unable to comply with Section
1.148-7(d) of the Treasury Regulations, Lessee shall, at its sole expense and cost, compute rebatable arbitrage on
the Agreement and pay rebatable arbitrage to the United States at least once every five years, and within 60 days
after payment of the final rental or Lease Payment due under the Agreement.
11. In the event of any disagreement between the undersigned or any of them, and/or any other person,
resulting in adverse claims and demands being made in connection with or for any moneys involved herein or
affected hereby, Escrow Agent shall be entitled at its option to refuse to comply with any such claim or demand, so
long as such disagreement shall continue, and in so refusing Escrow Agent may refrain from making any delivery
or other disposition of any moneys involved herein or affected hereby and in so doing Escrow Agent shall not be or
become liable to the undersigned or any of them or to any person or parry for its failure or refusal to comply with
such conflicting or adverse demands, and Escrow Agent shall be entitled to continue so to refrain and refuse so to
act until:
(a) the rights of the adverse claimants have been finally adjudicated in a court assuming and
having jurisdiction of the parties and the moneys involved herein or affected hereby; or
(b) all differences shall have been adjusted by Master Agreement and Escrow Agent shall have
been notified thereof in writing signed by all of the persons interested.
12. All notices (excluding billings and communications in the ordinary course of business) hereunder
shall be in writing, and shall be sufficiently given and served upon the other party if delivered (a) personally, (b) by
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United States registered or certified mail, return receipt requested, postage prepaid, (c) by an overnight delivery by
a service such as Federal Express or Express Mail from which written confirmation of overnight delivery is
available, or (d) by facsimile with a confirmation copy by regular United States mail, postage prepaid, addressed to
the other party at its respective address stated below the signature of such party or at such other address as such
party shall from time to time designate in writing to the other parry, and shall be effective from the date of mailing.
13. This Escrow Agreement shall inure to the benefit of and shall be binding upon the parties hereto and
their respective successors and assigns. No rights or obligations of Escrow Agent under this Escrow Agreement
may be assigned without the prior written consent of Lessor.
14. This Escrow Agreement shall be governed by and construed in accordance with the laws in the state
of the Escrow Agent's location. This Escrow Agreement constitutes the entire Agreement between the parties
hereto with respect to the subject matter hereof, and no waiver, consent, modification or change of terms hereof
shall bind any party unless in writing signed by all parties.
15. This Escrow Agreement and any written direction may be executed in two or more counterparts,
which when so executed shall constitute one and the same agreement or direction.
IN WITNESS WHEREOF, the parties hereto have caused this Escrow Agreement to be duly executed as of
the day and year first above set forth.
U.S. Bancorp Government Leasing and Finance,
Inc., as Lessor
By: 40
Name:
Title:
Address: 13010 SW 681' Parkwayl Suite 100
Portland, OR 97223
of Sanford
Name: Jeff Tri let ff
_
Title: Mayor, Cit uof S f ,�
Address: 300 N Park Avenue s
Sanford. Florida 3277 ._...
U.S. BANK NATIONAL ASSOCIATION, aS Escrow
Agent
B
Name: Jennifer M. Petruno
Title: Vice President
Address: U.S. Bank National Association
Global Corporate Trust
950 17"1 Street, 51" Floor
Denver, CO 80202
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United States registered or certified moi|, return receipt requested, postage prepaid, (c) by an overnight delivery by
service s�rv� such as Federal Express or Express Mailfromwhich written confirmation ofovernight de|ivery is
available, or (d) by facsimile with a confirmation copy by regular United States mail, postage prepaid, addressed to
the other party at its respective address stated below the signature of such party or at such other addressaaeuoh
party shall from time to time designate in writing to the other party, and shall be effective from the date of mailing.
13. This Escrow Agreement shall inure tothe benefit nfand shall bebinding upon the parties hereto and
their respective successors and assigns. Norights orobligations ofEscrow Agent under this Escrow Agreement
may beassigned without the prior written consent ofLessor.
14. This Escrow Agreement shall be governed by and construed in accordance with the laws in the state
of the Escrow Agent's location. This Escrow Agreement constitutes the entire Agreement between the parties
hereto with respect to the subject matter hereof, and no waiver, consent, modification or change of terms hereof
shall bind any party unless inwriting signed byall parties.
15. This Escrow Agreement and any written direction may be executed in two or more counterparts,
which when so executed shall constitute one and the same agreement or direction.
!wWITNESS WHEREOF, the parties hereto have caused this Escrow Agreement tu be duly executed on of
the day and year first above set forth,
U.S. Bancorp Government Leasing and Finance,
Inc., as Lessor
Portland, OR 97223 �'
- r-14, City of Sanford, a essee
r5�,. Name: Jeff Trip
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U.S. BANK NATIONAL ASSOCIATION, as Escrow
Agent
Address: U.S. Bank National Association
Global Corporate Trust
95017 1h Street, 511, Floor
Denver, CO 80202
Title: Mayor, City otsanford
Address: 300 N Park Avenue
Sanford, Florida 32771
U.S. BANK NATIONAL ASSOCIATION, as Escrow
Agent
Address: U.S. Bank National Association
Global Corporate Trust
95017 1h Street, 511, Floor
Denver, CO 80202
EXHIBIT I
U.S. BANK NATIONAL ASSOCIATION
MONEY MARKET ACCOUNT AUTHORIZATION FORM
DESCRIPTION AND TERMS
The U.G. Bank Money Market account is a U.G. Bonk National Association ("U.S. Bank") interest-bearing money
market deposit account designed to meet the needs of U.S. Bank's Corporate Trust Services Escrow Group and
other Corporate Trust customers of U.S. Bonk. Selection of this investment includes authorization to place funds
ondeposit and invest with U.S. Bank.
U.S. Bank uses the daily balance method to calculate interest on this account (actual/365 or 366). This method
applies a daily periodic rate to the principal balance in the account each day. Interest iaaccrued daily and credited
monthly tnthe account. Interest rates are determined at U.S. Bank's diaoetion, and may be tiered by customer
deposit amount.
The owner ofthe account is U.S. Bank as Agent for its trust customers. U,S. Bank's trust department
pedbnno all account deposits and withdrawals. Deposit accounts are FDIC Insured per depositor, as determined
under FDIC Regulations, uphoapplicable FDIC limits.
AUTOMATIC AUTHORIZATION
In the absence of specific written direction to the contrary, U.S. Bank is hereby directed to invest and
reinvest proceeds and other available in the U.S,..,,Ban.k Money Market Account. The U.S.
Market Account is a permitted investment under the,,,o0erafMeAocuments and this auth�rization is the permanent
direction for investment of the moneys until notifie nate inst
City of Sanford
Company Name re i City of Sanford
P6 0� Er p�et�Mayor
Trust Account Number — includes existing and
future sub -accounts unless otherwise directed
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Title/Date
EXHIBIT 2
Schedule of Fees for Services as
Escrow Agent
Equipment Lease Purchase Escrow
CTS01010A Acceptance Fee The acceptance fee includes the administrative review of WAIVED
documents, initial set-up of the account, and other reasonably required
services up to and including the closing. This is a one-time, non-refundable
fee, payable at closing.
CTSO4460 Escrow Agent Annual fee for the standard escrow agent services WAIVED
associated with the administration of the account. Administration fees are
payable in advance.
Direct Out of Pocket Expenses Reimbursement of expenses associated At Cost
with the performance of our duties, including but not limited to publications,
legal counsel after the initial close, travel expenses and filing fees.
Extraordinary Services Extraordinary Services are duties or responsibilities
of an unusual nature, including termination, but not provided for in the
governing documents or otherwise set forth in this schedule. A reasonable
charge will be assessed based on the nature of the services and the
responsibility involved. At our option, these charges will be billed at a flat fee
or at our hourly rate then in effect.
Account approval is subject to review and qualification. Fees are subject to change at our discretion
and upon written notice. Fees paid in advance will not be prorated. The fees set forth above and
any subsequent modifications thereof are part of your agreement. Finalization of the transaction
constitutes agreement to the above fee schedule, including agreement to any subsequent changes
upon proper written notice. In the event your transaction is not finalized, any related out-of-pocket
expenses will be billed to you directly. Absent your written instructions to sweep or otherwise invest,
all sums in your account will remain uninvested and no accrued interest or other compensation will
be credited to the account. Payment of fees constitutes acceptance of the terms and conditions set
forth.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT:
To help the government fight the funding of terrorism and money laundering activities,
Federal law requires all financial institutions to obtain, verify and record information that
identifies each person who opens an account.
For a non -individual person such as a business entity, a charity, a Trust or other legal entity
we will ask for documentation to verify its formation and existence as a legal entity. We may
also ask to see financial statements, licenses, identification and authorization documents
from individuals claiming authority to represent the entity or other relevant documentation.
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EXHIBIT
REQUISITION REQUEST
The Escrow Agent is hereby requested to pay from the Escrow Fund established and maintained under
that ooMo/n Escrow Agreement dated as of January 30. 2020 (the "Escrow Agreement) by and among U.S.
Bancorp Government Leasing and Finance, Inc. (the "Lessor), City of Sanford Ube "Lessee), and U.S. Bank
National Association (the "Escrow /4gent').the amount set forth below tothe named payea(s). The amount shown
is due and payable under purchase order orcontract (or has been paid by and not previously reimbursed to
Lessee) with respect to equipment being financed under that certain Master Tax -Exempt Lease Purchase
Agreement dated as of August 15. 2013 (the "Master Agreement') and Property Schedule No. 4 thereto dated
January 30. 2020 (the "Schedule" and, together with the benna and conditions of the yNuat*r Agreement
incorporated therein, the "4g/ee/n*nt'), by and between the Lessor and the Laasee, and has not formed the basis
ofany prior requisition request.
Pursuant toSection S(b)ofthe above -referenced Escrow Agreement, Lessor and Lessee herebvinstruct
Esonzw/Agent tod�bursefunds �on�the Escrow Account tn[Leanee].asprovided be|ovv '
Wire/ACH
Check
Bank Name:
Name:
Bank Address:
Address 1:
ABA No. -
Address 2:
Account Name:
City/State
Account No.:
Zip Code:
Panee:_
WirelACH
Check
Bank Name:
Name:
Bank Address:
Address 1:
ABA No.:
Address 2:
Account Name:
City/State
Account No.:
Zip Code:
Wire/ACH
Check
Bank Name:
Name:
Bank Address:
Address 1:
ABA No.:
Address 2:
Account Name:
City/State
Account No.:
Zip Code:
The undersigned, as Lessee under the Master Agreement, hereby certifies:
1. The items ofthe Equipment being acquired with the proceeds of this disbursement have been delivered and
installed at the location(s) contemplated by the Master Agreement. The Lessee has conducted such inspection
and/or testing of the Equipment being acquired with the proceeds of this disbursement as it deems necessary and
appropriate, and such Equipment has been accepted byLessee.
2- The costs of the Equipment to be paid from the proceeds of this disbursement have beenproperlyincurred, are
a proper charge against the Escrow Fund and have not been the basis of any previous disbursement.
3. No part of the disbursement requested hereby will beused to pay for materials not yet incorporated into the
Equipment orfor services not yet performedinconnection therewith,
Version 2019
4. The Equipment is covered by insurance in the types and amounts required by the Agreement.
5. No Event ofDefault orEvent Vf Nonappropriation (if the Master
Agreement, and no event which with the giving of notice or lapse of time, or both, would become such an Event of
Default or Event of Nonappropriation has occurred and is continuing on the date hereof.
6. If Lessee paid an invoice prior to the commencement date of the Master ����and ��m�ng
reimbursement for such payment Lessee hos satisfied the requirements for reimbursement set forth in Treas.
Request Date:
Lessor: U.S. Bancorp Government Leasing and
Finance, Inc.
Version 2019
Lessee: City of Sanford
Name: ��ynthia Lindsay_
LTitle: airector of Finance
Exhibit 4
Final Acceptance Certificate
U.G. Bancorp Government Leasing and Finance, Inc.
13O1OSVV68thParkway, Suite 1OO
Portland, DR07223
Re: Property Schedule No. 4 to Master Tax -Exempt Lease/Purchase Agreement between U.S. Bancorp
Government Leasing and Finance, Inc. and City of Sanford
Ladies and Gentlemen:
In accordance with the above -referenced Master Tax -Exempt Lease/Purchase Agreement (the "Master
Agreennent"), the undersigned ("Lessee") hereby certifies and represents to, and agrees with, U.S. Bancorp
Government Leasing and Finance, Inc. ("Lessor"), as follows:
(1) The property, as such bonns are defined in the above -referenced Property Schedu|e, has been
acquired, made, delivered, installed and accepted on the date indicated below.
(2) Lessee has conducted such inspection and/or testing of the Property as it deems necessary and
appropriate and hereby acknowledges that it accepts the Property for all purposes.
(3) No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an
Event of Default or a Nona pprop riation Event (as such terms are defined in the Master Agreement)
exists at the date hereof.
Acceptance Date:
Lessee: City of Sanford
Name: Jeff Tri
Title: Mayor, City of Sanford
Version 2019
Exhibit 5
Each ofthe following person(s) isaLessee Representative authorized toexecute escrow documents and direct
Escrow Agent as to all matters, including fund transfers, address changes and contact information changes, on Recipient's
behalf (only one signature naquirnd): `
Cynthia Lindsay
Name
Specimen signature
Specimen 'nature
(Note: if only one person is identified above, please add the following language.-)
407-688-5020
Telephone No
Telephone No
Telephone No
The following persons (not listed above) are authorized for call-back confirmations:
Telephone Number
Telephone Number
Telephone Number
Version 2019
Exhibit 6
Class Action Negative Consent Letter
January 30, 2020
City of Sanford
300 N Park Avenue
Sanford, Florida 32771
RE: USBGLF/City of Sanford - - Class Action Litigation Claims
Dear Cynthia Lindsay, Director of Finance:
U.S. Bank National Association ("U.S. Bank") has established its policies and procedures relative to class action litigation
claims filed on behalf of its clients' accounts. This policy may impact future claims filed by U.S. Bank on behalf of the
above -referenced account. Listed below are the policies regarding class action litigation claims:
1. U.S. Bank will file class action litigation claims, at no charge, on behalf of open, eligible agency or custody
accounts upon receipt of proper documented authorization. This notice, with your ability to opt out as further
described below, constitutes such documented authorization.
2. U.S. Bank will not file claims for agency or custody accounts that were open during the class action period but
were closed prior to receipt of any notice of the class action litigation.
3. Assuming requisite information is provided by the payor to identify the applicable account, settlement
proceeds of the class action litigation will be posted within a reasonable time following receipt of such
proceeds to the entitled accounts that are open at such time. If entitled accounts are closed prior to
distribution and receipt of settlement proceeds, they will be remitted to entitled beneficiaries or successors of
the account net of any research and filing fees. Proceeds, less any research and filing fees, will be escheated
if the entitled beneficiaries or successors of the account cannot be identified /located.
If you wish U.S. Bank to continue to file class action litigation proofs of claim on behalf of your account, you do not need to
take any further action. However, if you do not wish U.S. Bank to file class action proofs of claim on behalf of your
account, you may notify us of this election by returning this letter with your signature and date provided below within 30
days or by filing a separate authorization letter with your Account Manager by the same date.
The authorization and understanding contained in this communication constitutes an amendment of any applicable
provisions of the account document for the above -referenced account.
If you have any questions, please contact me at the below number.
Sincerely,
Jennifer Petruno
Vice President
303-585-4597
❑ No, U.S. Bank is not authorized to file class action litigation proofs of claim on behalf of the above -referenced
account(s). By making this election, I acknowledge that U.S. Bank is not responsible for forwarding notices received on
class action or litigation claims.
Authorized Signature
Version 2019
INSURANCE AUTHORIZATION AND VERIFICATION
Date: January 30, 2020 Property Schedule No. 4
To: City of Sanford (the "Lessee") From: U.S. Bancorp Government Leasing and Finance, Inc. (the
"Lessor")
1310 Madrid Street
Marshall, MN 56258
TO THE LESSEE: In connection with the above -referenced Property Schedule, Lessor requires proof in the form of this document,
executed by both Lessee* and Lessee's agent, that Lessee's insurable interest in the financed property (the "Property') meets Lessor's
requirements as follows, with coverage including, but not limited to, fire, extended coverage, vandalism, and theft:
Lessor, AND ITS SUCCESSORS AND ASSIGNS, shall be covered as both ADDITIONAL INSURED and LENDER'S
LOSS PAYEE with regard to all equipment financed or leased by policy holder through or from Lessor. All such
insurance shall contain a provision to the effect that such insurance shall not be canceled or modified without first
giving written notice thereof to Lessor and Lessee at least thirty (30) days in advance of such cancellation or
modification.
Lessee must carry GENERAL LIABILITY (and/or, for vehicles, Automobile Liability) in the amount of no less than
$1,000,000.00 (one million dollars).
Lessee must carry PROPERTY Insurance (or, for vehicles, Physical Damage Insurance) in an amount no less than the
'Insurable Value' $481,457.00, with deductibles no more than $10,000.00.
*Lessee: Please execute this form and return with your document package. Please fax this form to your insurance agency for
endorsement. In lieu of agent endorsement, Lessee's agency may submit insurance certificates demonstrating compliance with all
requirements.
By signing, Lessee authorizes the Agent named below: 1) to complete and return this form as indicated; and 2) to endorse the
policy and subsequent renewals to reflect the required coverage as outlined above.
Agency/Agent:
Address:
Phone/Fax:
Email:
I Lessee: Citv of Sanfd 7 ! I
N:I�Fo.
Name: Jeff
0
Title: Mayor, Citv of Sahfofd T
% 111 1 ..°f �,
TO THE AGENT: In lieu of providing a certificate, please execute this form in the space below and pro ptiy s n' d i' Y
PDFscan to Lessorat: EF.Docs.%F(a7usbank.com - This fully endorsed form shall serve as proof that L`essee,'s.':
insurance meets the above requirements.
Agent hereby verifies that the above requirements have been met in regard to the Property listed below.
Print Name of Agency: X
By: X
(Agent's Signature)
Print Name: X Date:
Insurable Value: $481,457.00
ATTACHED: PROPERTY DESCRIPTION FOR PROPERTY SCHEDULE NO. 4
Version 2019
Form
W'9
Request for Taxpayer
Give Form to the
(Rev. December 2014)
Identification Number and Certification
requester. Do not
Department
of the Treasury
send to the IRS.
Internal Revenue Service
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
CITY OF SANFORD
N
2 Business name/disregarded entity name, if different from above
m
rn
ca
o.
C
3 Check appropriate box for federal tax classification; check only one of the following seven boxes:
4 Exemptions (codes apply only to
O
y
❑ Individuat/sole proprietor or ❑ C corporation S Corporation
p ❑ p ❑ Partnership ❑ TrusUestate
certain entities, not individuate; see
instructions on page 3):
d c
C' o
41
single -member LLC
Limited liability company. Enter the tax classification C=C corporation, S=S corporation, P=partnership) ►
❑ Y P Y ( P P P P)
Exempt payee code (if any)
` i
p
Note. For a single -member LLC that is disregarded, do not check LLC; check the a
g g appropriate box in the line above for
Exemption from FATCA reporting
c y
the tax classification of the single -member owner.
code (if any)
a❑✓
Other instructions) MUNICIPALITY
(Apres to accounts mtnra?ned owside the uS.)
5 Address (number, street, and apt. or suite no.)
Requester's name and address (optional)
U
CL
PO BOX 1788
m
6 City, state, and ZIP code
SANFORD, FL 32772-1788
7 List account number(s) here (optional)
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid ( Social security number
backup withholding. For individuals, this is generally your social security number ( However, for a
page - m -
resident alien, sole proprietor, or disregarded entity, see the Part 1 instructions on page 3. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN on page 3. or
Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for Employer identification number
guidelines on whose number to enter.
F19 -
6 0 0 0 4 2 1 5
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (e) the IRS has notified me that I am
no longer subject to backup withholding; and
3. 1 am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the
instructions on page 3.
v��Ji r Signature of j
Here U.S. person ► 1 s C `.�,, 1, a , Date ►
0_� a "7- INA 19
General Instructions `
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. Information about developments affecting Form W-9 (such
as legislation enacted after we release it) is at www.irs.gov/fw9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information
return with the IRS must obtain your correct taxpayer identification number (TIN)
which may be your social security number (SSN), individual taxpayer identification
number (ITIN), adoption taxpayer identification number (ATIN), or employer
identification number (EIN), to report on an information return the amount paid to
you, or other amount reportable on an information return. Examples of information
returns include, but are not limited to, the following:
• Form 1099 -INT (interest earned or paid)
• Form 1099 -DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by
brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T
(tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident alien), to
provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might be subject
to backup withholding. See What is backup withholding? on page 2.
By signing the filled -out form, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a number
to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt payee. If
applicable, you are also certifying that as a U.S. person, your allocable share of
any partnership income from a U.S. trade or business is not subject to the
withholding tax on foreign partners' share of effectively connected income, and
4. Certify that FATCA code(s) entered on this form (if any) indicating that you are
exempt from the FATCA reporting, is correct. See What is FATCA reporting? on
page 2 for further information.
Cat. No. 10231X Form W-9 (Rev. 12-2014)
DOCUMENT CHECKLIST
PLEASE EXECUTE ONE (1) ORIGINAL SET OF ALL DOCUMENTS
(NO FRONT & BACK COPIES, PLEASE)
RETURN ALL ORIGINALS TO:
U.S. BANCORP GOVERNMENT LEASING AND FINANCE, INC.
LISA ALBRECHT
95017 T11 STREET, 8T" FLOOR
DENVER, CO 80202
303-585-4077
❑ Addendum/Amendment to Master Tax -Exempt Lease/Purchase Agreement — This document must be executed in the
presence of a witness/attestor. The attesting witness does not have to be a notary, just present at the time of execution.
o Note: Section 6.08 is addedlamended on advice of Lessor tax counsel to address the Tax Cuts and Jobs Acts of 2018. It is
important to note, that an "Event of Taxability" is solely based on the actions (or inaction) of the Lessee and the language is
consistent with Section 3.01 of the Master Lease. The Lessor will continue to assume the risk of any changes in tax law.
❑ Addendum/Amendment No. 2 to Master Tax -Exempt Lease/Purchase Agreement — This document must be executed in
the presence of a witness/attestor. The attesting witness does not have to be a notary, just present at the time of execution.
❑ Property Schedule No. 4 - This document must be executed in the presence of a witness/attestor. The attesting witness
does not have to be a notary, just present at the time of execution.
❑ Property Description and Payment Schedule — Exhibit 1
❑ Lessee's Counsel's Opinion — Exhibit 2. This exhibit will need to be executed by your attorney, dated and placed on their
letterhead. Your attorney will likely want to review the agreement prior to executing this opinion.
❑ Lessee's General and Incumbency Certificate — Exhibit 3. Include in your return package a copy of the board minutes or
resolution for our files.
❑ Payment of Proceeds Instructions — Exhibit 4. Intentionally Omitted.
❑ Acceptance Certificate — Exhibit 5. Intentionally Omitted.
❑ Bank Qualification and Arbitrage Rebate — Exhibit 6.
❑ Notification of Tax Treatment — Please provide your State of Sales/Use tax Exemption Certificate.
❑ Form 8038-G — Blank form and instructions provided to Lessee. Please consult your CPA, local legal or bond counsel to fill
out.
❑ Escrow Agreement — This document needs to be executed by the Executing Official defined in the Lessee's Certificate —
Exhibit 3.
o Investment Direction Letter — Exhibit 1. This document needs to be executed by the Executing Official.
o Schedule of Fees — Exhibit 2.
o Requisition Request — Exhibit 3. This document should be retained by Lessee and utilized to request
disbursements from the escrow account. Please make copies and fill out as many as are needed.
o Final Acceptance Certificate - Exhibit 4. This document should be retained by Lessee and provided to Lessor
once all the proceeds have been disbursed from the escrow account.
o Class Action Negative Consent Letter — Exhibit 6.
o IRS Form W-9. This document should be retained by Lessee and submitted with the Requisition Request(s) for each
vendor being paid. Please make copies and fill out as many as are needed.
❑ Insurance Authorization and Verification — To be filled out by the Purchaser and sent to your insurance carrier. A valid
insurance certificate, or self-insurance letter if the Purchaser self -insures, is required prior to funding.
Resolution No. 2843
A Resolution of the City Commission of the City of Sanford
approving and awarding the US Bancorp Government Leasing and
Finance, Inc. bid relating to the lease of police vehicles; providing for
legislative findings and intent; providing for implementing
administrative actions; providing for a savings provision; providing
for conflicts; providing for severability and providing for an effective
date.
Whereas, the City and US Bancorp Government Leasing and Finance, Inc. have
entered agreements relating to the leasing of police vehicles after US Bancorp
Government Leasing and Finance, Inc. bid on the provision of police vehicles to the
City; and
Whereas, the City and US Bancorp Government Leasing and Finance, Inc. have
furthered their relationship with regard to additional police vehicles and desire to
continue to do so as set forth herein; and
Whereas, the City Commission of the City of Sanford determined, and hereby
further determines, that it would be in the public interest to approve and award the bid of
US Bancorp Government Leasing and Finance, Inc. relating to the lease of police
vehicles and to continue and expand the relationship between the City and US Bancorp
Government Leasing and Finance, Inc..
Now, Therefore, Be it adopted and resolved by the City Commission of the
City of Sanford, Florida as follows:
Section 1. Legislative Findings and Intent.
(a). The above recitals (whereas clauses) are adopted by the City Commission
of the City of Sanford and made a substantive part of this Resolution.
(b). This Resolution, and the actions taken herein, are in the public interest
and fulfill and support an essential public purpose for the benefit of the City of Sanford
and the citizens of the City of Sanford.
(c). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Resolution.
Section 2. Award of Bid to US Bancorp Government Leasing and
Finance, Inc.; Approval of Addendum.
The City Commission of the City of Sanford hereby continues to find US Bancorp
Government Leasing and Financing to be the lowest responsive and responsible bidder
and continues to approve US Bancorp Government Leasing and Financing's bid in the
amount of $481,547.00 with regard to leasing police vehicles and award of the said bid
to US Bancorp Government Leasing and Financing in accordance with the purchasing
policies of the City. The current total principal amount due is $481,547.00 and the City
and US Bancorp Government Leasing and Financing have processed Addenda with
additional vehicles to those procured in the original transaction between the City and US
Bancorp Government Leasing and Financing.
Section 3. Implementing administrative actions.
(a). The City Manager is assigned the responsibility to take any and all
necessary administrative actions that may be desirable or necessary to implement the
provisions of this Resolution.
(b). The City Attorney is instructed to assist the City Manager in the
implementation of this Resolution.
Section 4. Savings.
2I10 �-:, - I-
The prior procurement actions of the City relative to US Bancorp Government
Leasing and Financing, and any and all associated or related matters and activities, are
hereby ratified and affirmed. Without limiting the generality of the foregoing, the City
Commission of the City of Sanford hereby ratifies and affirms the provisions of the
Master Agreement and Addenda thereto.
Section 5. Conflicts.
All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed.
Section 6. Severability.
If any section, sentence, phrase, word or portion of this Resolution is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word or portion of this Resolution.
Section 7. Effective Date.
This Resolution shall become effective immediately upon enactment.
Passed and adopted this 27th day of January, 2020.
Attest.,
cNot
Traci Houchin, City Clerk
For use and reliance of the Sanford
City Commission only. Approved as
to form and legality.
uddic-
/fiZfi
mey
� 7-
City of Sanford City
Triplett, Ma
Fok""'
A
tFT' i.-- rs I i
3
CITY COMMISSION MEMORANDUM 20020
JANUARY 27, 2020 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Cynthia Lindsay, Finance Director
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manage
SUBJECT: Lease Purchase of Police Vehicles — R ution No. 2843
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
WS RM
Item No. 90 13
Approval of Resolution No. 2843, providing for the lease -purchase of police vehicles, is being
requested.
1F'1SCAL/STAFFING STATEMENT:
The lease agreement is for a four year purchase agreement at an interest rate of 1.994% with total
interest (over the life of the lease) of $20,654.04. Payments will be quarterly at $31,381.94 each.
The total principal and interest costs are $502,111.04.
The lease was budgeted for in the FY 2019-2020 budget.
BACKGROUND:
During FY 2020 budget development and approval, it was determined that the police department
needed to purchase replacement vehicles and funds were budgeted to make these purchases using
the funding source of a capital lease. RFQ 19/20-125 was issued for the lease purchase finance of
the vehicles in the amount of $481,457 and the City received three responses on December 19, 2019
with US Bancorp Gov't Leasing and Finance, Inc. being the lowest responsive bidder as follows:
Vendor Name
Interest Rate
Synovus Financial Corp.
3.27%
BCI Capital, Inc.
2.19%
US Bancorp Gov't Leasing Finance
1.994%
LEGAL REVIEW:
The Assistant City Attorney reviewed both the resolution and the lease agreement.
RECOMMENDATION:
It is staff's recommendation that the City Commission approve the attached Resolution and authorize
the execution of the attached lease documents with US Bancorp Gov't Leasing and Finance, Inc.
SUGGESTED MOTION:
"I move to approve Resolution No. 2843 and authorize the execution of the lease documents with
US Bancorp Gov't Leasing and Finance, Inc. for the lease -purchase of police vehicles."
Attachments: Resolution No. 2843
Lease Documents
Government Leasing and Finance
December 17, 2019
City mySanford, Fl
At your request, U.S. Bancorp Government Leasing and Finance, Inc. �USBGLF^) has prepared for your consideration the
following proposalfor financing ("Proposal"). This is only a proposal and duam not represent commitment by U.S. Bancorp
Government Leasing and Finance, Inc.
Customer: City of Sanford
Lessor: U.S. Bancorp Government
PROPERTY: I Police Vehicles
11, 2020
LEASE
Amount
and /Finance, Inc.
Payments I Factor I Pmts / Year
481,457.00 | 1.99496 | 31�81.94 / 0.0651812
48 Months Arrears
Notes: Funds will be deposited into a no fee U.S. Bank N.A. escrow account eddosn��We expect to use standard docun�enbado
and noox�rna(cnunsei Prepayment is permitted after 13n�onUhswbh a break funding fee. n
The Lease will be structured as an additional schedule to the existing Master Tax -Exempt Lease Purchase Agreement dated
August /o. 20/3. with Ut|a in the Lessee's name and UGBBLF holding o interest in the equipment the h*nn The lease is
i"/p,��//u� withwn �na �esaee namponaib/a for taxes, maintenance and insurance. Documentation will be provided b USBGLF
including (i) standard representations, warranties and covenants by the Le ---see pertaining to the accuracy of ti '
organization, authority, essential use, compliance with |ams, pending legal ion pertaining/n information
and use of collateral|yform'
financial reporting and financial covenants; and (ii) standard USB<�LF provisions pertaining to events ofdefauit'onmaunanca'
d
avexab|eupon dehau|L This offer iasubject 0athe execuUnnofeUdooumonta^�~^by the Lessee xviMhinareasonable time name«Uee
norm and substance acceptable to Leasem. USB(�LF and US8<�LF's counsel, including terms and conditions not outlined
�nU }n
This Proposal s conditioned on there being no nnybsha/ adverse change in the financial condition of the Lessee. Additionally, theu*noano conditions outlined herein one subject to final review and approval (including collateral and essential use review) byvSomLrwbusiness, legal, credit, and equipment risk management personnel. If you would like to proceed, please complete the
Essential Use Application and return along with a link to your 3 most recent Comprehensive Annual Financial Reports.
Thank you for the opportunity hopresent this proposal, Other financing options are available onrequest.
Denise Beauchamp
Vice President
Direct (904)284-3S2O
Government Leasing and Finance
Pament Tables
Assumes u3u/2U2UClosing/Funding Date
usbank.cmmm
Totals
502,111.12
481,457.00
20,654.12
Pay
Date
"a ment
Principa|Merest
------
1
30 -Apr -3020
313D19�
, �
289O188
' .
2,400.06
/
30-Juk2O2U
31,381.94
29,126.36
2,255.69
3
30+Jo-2020
31,381.94
29,271.55
2,110.39
4
30-lan'2021
31,381.94
29,417.47
1,964.47
G
30`Apr-2021
31,381.94
29,564.12
1,817.83
6
30-3uk2021
31,381.04
29,711.40
1,670.1E
7
30{}ct-2021
31,381.9*
29,859.61
1,522J4
O
30 -Jan -2022
31,381.94
30,008.46
1,373.49
9
30`App2022
31,381.94
30,158.05
1,223.90
10
38-3u�2022
31,381.04
30,30839
1,07I56
11
38f]ct'2022
31,381.94
30,459.47
932.47
13
30-Jan'2023
31,381.94
30,011.31
770.03
13
30 -Apr -2023
31,381.91
30,763.91
618.03
14
30-3u�2023
31,381.94
30,917.27
404.68
15
30{)c1'3023
31,381.94
31,071.39
310.55
16
30-Jan'2024
31,381.94
31,226.28
155.66
usbank.cmmm
City of Sanford I Finance Department I Purchasing Division
300 N. Park Avenue, Sanford, Florida 32771
Phone: 407.688.5028, or extension 5030 1 Fax: 407.688.5021
INFORMAL REQUEST FOR QUOTE
IRFQ-19/20-125
FINANCING OF POLICE VEHICLES
Name of Firm: US. Bancorp Government Leasing and Finance, Inc,
................. .... 11 ....... ........... ...... ..........
Address:.. 3643 Spyglass Ct ............
.... . ... ... .. . ....
Address: .................
City/State/Zip Code: re.e .. n.Cove..Sp rings.,. FL .32.043... .................
.., . .... .. . ....... .... ... ....
Contact Person:., Denise Beauchamp
........... I ........................... I ..............................
Phone Number:.. (904) 2843520
........................................ _ ....... .............
nOffffl1W
DUE DATE: December 19, 2019 at 2:00 P. M. Local Time
City of Sanford Purchasinp- Division
Contact Person:
Marisol Ordoiiez, Purchasing Manager
Address:
300 N. Park Avenue Suite 243
City, State, Zip:
Sanford, Florida 32771
Phone Number:
407.688.5028, or ext, 5030
Fax Number:
407.688.5021
Email:
purch as in g@i) san ford fl .,gov
For Div./Dept./Office:
Cynthia Lindsay, Finance Director
Delivery Address:
Finance Department
300 N. Park Avenue
Sanford, Florida 32771
Fax Number: ............................................. ...................... ....... ISSUED DATE: Wednesday, December 4, 2019
Email: ... denisebeauchamp@usbank.com
1. � .................................. ....... ...............
BIDDER'S PRINTED NAME:., Denise Beauchamp
............................................
Title:... . Vice President
...................................................................................
RETURN BY DUE DATE AND TIME VIA F
41
13IDDER'S SIGNATURE:.
Date: ....... December 17, 2019
.....................................................................................
MAIL OR EMAIL TO CONTACT PERSON STATED ABOV
1. Intent. The intent of this solicitation is to select a successful Bidder for the provision of purchase price of ten to twelve
police vehicles approximately $481,457.00- four year lease purchase.
2. Requirements and Technical Snecifications 151,11r R1111111'juested Lease Purchase. The successful Bidder shall provide
financing for the provision of purchase price of ten �to twelve police vehicles approximately $481,457.00- four year lease
purchase.
a- Four Year Lease Purchase
b. Proposal is Due Thursday, December 19, 2019 at 2:00 P.M. Local Time.
c. Quarterly Payments
d. Provide financing options as related to interest bearing escrow account(s).
c. Upon receipt of vehicles, invoices will be forward by the vendor to the City of Sanford ( P.O. Box 1788 Sanford,
Florida 32772 Attention: Accounts Payable). The City will pay the invoices and seek reimbursement from the
funding institution.
f. Any remaining funds in the escrow account after all ten or twelve vehicles are purchased will be applied toward the
quarterly payment due.
g. The City of Sanford required by State law to have an annual appropriations clause in any lease purchase financing
agreement.
h. The City of Sanford requires that there be no pre -payment penalty or fees assessed for advance payments or early
payoff of the lease purchase.
i. This financing would not qualify as a bank qualified designation.
j. The City will only accept a fixed rate for the closing date.
k. All attachments must be included with the Informal Request for Quote.
1. The City will finalize the bid based on the best rate to the City.
Public Emergencies: It is hereby made a part of this bid that before, during, and after a public emergency, disaster,
hurricane, tornado, flood, or other acts of God, City of Sanford shall require a "First Priority" for goods and services. It is
vital and imperative that the health, safety, and welfare of the citizens of Sanford are protected from any emergency situation
that threatens public health and safety as determined by the City. The Bidder agrees to rent/sell/lease all goods and services
to the City or governmental entities on a "first priority" basis. The City expects to pay contractual prices for all products
Rev. 03/2016
ATTACHMENT "A" ACCEPTANCE OF PRICE PROPOSAL
I"Q-19/20-125, LEASING OF POLICE VEHICLES
Uwe, the undersigned, as authorized signatory to commit the fin -n, do hereby accept in total all the terms and conditions stipulated and
referenced in this IRFQ document and do hereby agree that if a contract is offered or negotiated it will abide by the terms and conditions
presented in the IRFQ document or as negotiated pursuant thereto. The undersigned, having familiarized him/herself with the terms of
the IRFQ documents, local conditions, and the cost of the work at the place(s) where the work is to be done, hereby proposes and agrees
to perform within the time stipulated, all work required in accordance with the requirement and technical specifications and other
documents including Addenda, if any, on file at the City of Sanford Purchasing Division for the price set forth herein in Attachment
"A" Offer to Purchase and Acceptance of Informal Request for Quote Terms and Conditions. The signature(s) below are an
acknowledgment of my/our full understanding and acceptance of all the terms and conditions set forth in this IRFQ document or as
otherwise agreed to between the parties in writing.
Bidder/Contractor Name: U.S. Bancorp Government Leasing and Finance, Inc.
Mailing Address: — 950 17th St. Denver, CO 80202
Telephone Dumber: (904) 284-3520 Fax Number:
E-mail Address: denise.beauchamp@usbank.com
--,,Chds Jones FEIN: 45-3798148
--j -
Authoriz6d��gnatory
Printed Name
Senior Vice President
STATE OF Colorado
COUNTY 0F
December 17, 2019
Date
The foregoing instrument was executed before me this '171h , day of December 20 ig by
as sergo, Unca President Of U.S. Bar=M GomnMent Laos who
personally swore or affirmed that he -/she -is authorized to execute this documentandknown to me OR has produced as identification. and I who is personally
LISA L ALBRECHT
Notary Public
(stamp) State of Colorado
Notary ID If 20134030063
My Commission Expires 05-13-2021
PLEASE COMPLETE AND SUBMIT WITH YOUR IRFQ RESPONSE
`2" ailuro to submit this form may be grounds for disqualification of your submittal"'
Cirr t,c
�� sl. , c
FINANCE rief'ART,MENT
PRICE PROPOSAL page (2) continues
Item crt Year 1 Year 2 IwlTT��i lii
S S
Year 4
1. Borrow Amount $ $ $
2. Annual Percentage Rate APR % $ 1.994% 1.994% $
,/a �
3. Principal $
1.994%
4. Annual Percentage Rate Cost S $ S S
5. Other Costs S S S
6. Buyout after Lease Term Must be 50.00
5. TOTAL QUOTE PRICE S
Additionally, please respond to the following questions by placing a check mark (✓) on the appropriateJanswer:Item QuestionResponse YES
1. Did you include a copy of your Certificate of Liability Insurance (COI) with your
cote submittal? On File
2. Would you consider accepting payment for services rendered via a Purchasing Card
without the addition of convenience and/or service fees of any kind? No
3. Complete the following attachments as part of the Informal Request for Quote, failure
to Submit the forms may be ground of disqualifications of your submittal
(Attachments A -throw h L.. yes
4. include a copy of your Florida State License and W9
On file
a. The City will not consider alternates to the items listed above. If alternates are offered, the City will have the sole and unilateral right to
reject the alternate and purchase from vendor providing compliant items. Delivery time will be a tactor in the evaluation of this IRJ Q.
b. All prices quoted shall remain firm for period of one � year after the award of IRFQ.
C. Unit Price Accuracy: Please check the stated unit prices before submitting your quote; as no change in prices shall be allowed after the
due date and time. All prices and notations must be in ink or typewritten. In cases of extended price irregularities, unit price shall prevail.
Please note that the City reserves the right to clarify and correct extended price amount errors.
d. City of Sanford is exempt from Sales Tax, Certificate No. 85-8012621681C-8.
e. If you are offering pricing which is based on other entity or agency solicitation pricing, clearly state so and include a copy of the applicable
solicitation with your submittal.
f. Please read all terms and conditions, complete the requested information, and sign in the space provided on page 1.
If not submiuinL) a uotation, lease indicate "NO BID" and return this form.
Critical Data:
a. Please return your quote submittal via fax, mail or email to the requesting Division/Department/Office as outlined on page 1; by no later
than the due date and time outlined on page I or as revised thereof via written addenda.
b. Please email questions regarding this quotation only to the requesting Division/Department/Office. Any interpretations, clarifications, or
changes made will be in the form of written addenda issued by requesting Division/Department/Office and posted on Vendorl.ink,
C. Per City of Sanford Purchasing Policy, lobbying is strictly prohibited.
d. Please note that all documents sent to the City as part of this IRFQ are considered a Public Record; as prescribed by Chapter 119, Florida
Statutes.
e. Bidder must submit a copy of their Certificate of insurance with their quote.
f. Any order resulting from this IRFQ shall be subject to the attached General Terms and Conditions and all applicable laws, policies and
-procedures.
Kev. UZ018
City of Sanford I Finance Department I Purchasing Division
f 300 N. Park Avenue 2°d Floor Suite 236 Sanford, Florida 32771
il 00,.1 Phone: 407.688.5028 or 5030 1 Fax: 407.688.5021
H,NA �
INFORMAL REQUEST FOR QUOTE
TERM CONTRACT
TITLE: FINANCING OF POLICE VEHICLES
Attachment "B"
—
Insurance Requirements
oly'a'}�t
Workers' Compensation Employers Liability Employers Liability
Employers Liability
$1,000,000.00 $500,000.00
*Certificates oj`exemption are not Each Accident Each Accident
S500,000.00
acceptable in lieu of"worker;s 51,000,000.00 $500,000.00
Each Accident
$500,000.00
compensation insurance Disease Disease
Disease
51,000,000.00 $500,000.00
$500,000.00
Commercial General Liability
shall include- Bodily Ir#used Liability
$3,000,000.00 Per
51,000,000.00 Per
$500,000.00 Per
and Advertising Injuring Liability
Occurrence
Occurrence
Occurrence
Coverages shall include: Pren:isesl
Operations; Product}/Completed
53,000,000.00 General
51,000,000.00 General
$500,000.00 General
Operations; Contractual Liability;
Aggregate
Aggregate
Aggregate
Independent Contractors, F-xplosion;
Collapse; Underground lichen required
by the City, coverage must be provided
for Sexual Harassment, 11buse and
1
Molestation.
Comprehensive Auto Liability-,
CSL, shall include "any auto "or
S 1,000,000 Combined
S 1,000,000 Combined
S 500,000 Per Occurrence
shall include all of 1he following:
Single Limit
Single Limit
011'ned, leased, hired, non -owned
S 1,000,000 General
S 1,000,000 General
Aggregate
S 500,000 General Aggregate
autos, and scheduled autos.
A x re ate
Professional Liability (when required)
51,000,000.00
$1,000,000.00
$1,000,000.00
Minimum
Minimum
Minimum
100% of completed
Builder's Risk (when required) shall
include theft, sinkholes, off site
100% of completed
100% of completed
storage, transit, installation and
value of additions
and structure
value of additions
value of additions
equipment breakdown. Permission
and structure
and structure
to occupy shall be included and the
policy shall be endorsed to cover the
interest of all parties, including the
City of Sanford, all contractors and
subcontractors.
Garage Keepers (when required)
53,000,000 Aggregate:
No vehicle
$1,000,000 Aggregate:
$500,000 Aggregate:
per
No per vehicle maximum
No per vehicle maximum
maximum preferred
preferred
referred
$500,000 Combined Single
Garage Liability (when required)
53,000,000 Combined
Single Limit
51,000,000 Combined
Single Limit
Limit
$3,000,000 General
$1,000,000 General
$500,000 General Aggregate
A re ate
A re ate
City of Sanford I Finance Department I Purchasing Division
300 N. Park Avenue 2-d Floor Suite 236 Sanford, Florida 32771
ZANFORD Phone: 407.688.5028 or 5030 1 Fax: 407.688.5021
INFORMAL REQUEST FOR QUOTE
TERM CONTRACT
TITLE: FINANCING OF POLICE VEHICLES
I. It is noted that Professional Liability, builder's risk, garage keepers and garage liability is not required unless
applicable conditions exist. if clarification is needed the CONTRACTOR must request clarification from the City
of Sanford Purchasing Office.
11. Vendor, Contractor, bidder shall provide, to the City of Sanford "City," prior to commencing any work, a
Certificate of Insurance which verifies coverage in compliance with the requirements outlined below. Any work
initiated without completion of this requirement shall be unauthorized and the City will not be responsible.
Ill. The City reserves the right, as conditions warrant, to modify or increase insurance requirements outlined below as
may be determined by the project, conditions and exposure
Certification Terms and Conditions
W. It is noted that the City has a contractual relationship with the named vendor, contractor or provider (collectively
referred hereinafter as Contractor) applicable to a purchase order, work order, contract or other form of
commitment by the City of Sanford, whether in writing or not and has no such contractual relationship with the
Contractor's insurance carrier. Therefore, the onus is on the Contractor to insure that they have the insurance
coverage specified by the City to meet all contractual obligations and expectations of the City. Further, as the
Contractor's insurance coverage is a matter between the vendor and its insurance carrier, the City will turn to the
Contractor for relief as a result of any damages or alleged damages for which the Contractor is responsible to
indemnify and hold the City harmless. It is understood that the Contractor may satisfy relief to the City for such
damages either directly
ly or through its insurance coverage; exclusions by the insurance carrier notwithstanding, the
City will expect relief from the Contractor.
a. The insurance limits indicated above and otherwise referenced are minimum limits acceptable to the
City. Also, all contractor policies shall to be considered primary to City coverage and shall
not contain co-insurance provisions.
b. All policies, except for professional liability policies and workers compensation policies shall name
the City of Sanford as Additional Insured.
c. Professional Liability Coverage, when applicable, will be defined on a case by case basis.
d. In the event that the insurance coverage expires prior to the completion of the project, a
renewal certificate shall be issued 30 days prior to said expiration date.
c. All limits are per occurrence and must include Bodily Injury and Property Damage.
f. All policies must be written on occurrence form, not on claims made Form, except for Professional
Liability.
9. Self -Insured retentions shall be allowed on gny liability coverage.
h. In the notification of cancellation: The City of Sanford shall be endorsed Onto the policy as a
cancellation notice recipient Should any of the above described policies of Sanford in
accordance with the policy provisions.
i. All insurers must have an A.M. rating of at least A -VII.
j. It is the responsibility of the Prime CONTRACTOR to ensure that all sub -contractors retained by the
Prime CONTRACTOR shall provide coverage as defined here -in before and after and are the
responsibility of said Prime CONTRACTOR in all respects.
k. Any changes to the coverage requirements indicated above shall be approved by the City of Sanford,
Risk Manager.
I. Address of "Certificate Holder'" is City of Sanford; P 0 Box 1788 (300 N. Park Avenue),- Sanford,
Florida 32771; Attention Purchasing Manager.
m. All certificates of insurance, notices etc. must be provided to the above address.
n. In the description of the certificate of insurance please also add the solicitation number and project
name.
ID vi"I In 11" 11, _ - —
City Of Sanford I Finance Department I Purchasing Division
IGcrrraF
300 N. Par)( Zed Floor Suite 236 Sanford, Florida 32771
S ORD
Phone: 407.688.5028 or 5030 1 Fax: 407.688.5021
FINANCE DEPARTMENT
INFORMAL REQUEST FOR QUOTE
TERM CONTRACT
TITLE: FINANCING OF POLICE VEHICLES
Chris Jones
Typed Name of AFFIANT
Senior Vice President
COUNTY OF Denver
STATE OF XXORM Colorado
On this day of ed c December 11 2019 ore me, the undersigned Notary Public of the State of Florida,
personally appareI"I. Jones whose
I
whose name(s) is/are subscribed to the within
instrument, and he/s—he-'Th—ey acknowledge that [Tc/she/they —executed it. WITNESS
my hand and official sea]. He/She is personally
known to me or has produced as identification.
C-4
Notary Public(Notarubli in and f County of the Counand State Aforementioned)
State of Colorado �
SEMary ID # 201340300
-ommission Expiros 05-Mll" iselOo expires:
The City reserves the unilateral right to 111,0110Y the insitrance requirenjelits set forth at ally i6me during the process of'oficitation
or subseqFfelit thereto.
PLEASE COMPLETE AND SUBMIT WITH YOUR IRFQ RESPONSE
`Failure to submit this form may be grounds for disqualification of your submittal -W
IRFQ 19/20.125 Due December 19, 2019 at 2.00pM 3
City ofSanford I Finance Depailment I Purchasing Division
300 N. Park Avenue 2"d Floor Suite 236 Sanford, Florida 32771
CITY OF
S.&i4ORD Phone. 407.68&5028 or 5030 1 Fax: 407.688.5021
FINANCE DEPARTMENT INFORMAL REQUEST FOR QUOTE
TERM CONTRACT
TITLE: FINANCING OF POLICE VEHICLES
Attachment "C"
NON COLLUSION AFFIDAVIT
The undersigned, by signing this document hereby certifies that the company named below hereby is or does:
1. States that the entity named below and the individual signing this document has submitted the attached bid or proposal:
2. He is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances
respecting such proposal;
3. Said bid or proposal is genuine and is not a collusive or sham bid or proposal;
4. Neither the said bidder or proposer nor any of its officers, partners, owners, agents, representatives, employees or parties hi
interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other
bidder, proposer, firm or person to submit a collusive or sham bid or proposal in connection with the Contract for which the
attached bid or proposal has been submitted or to refrain from bidding or proposing in connection with such Conti -act, or has
in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other
bidder, proposer, firm or person to fix the price or prices in the attached bid or proposal or of any other bidder of proposer, or
to fix any overhead, profit or cost element of the bid or proposal price or the bid or proposal price of any other bidder or
proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City
of Sanford or any person interested in the proposed Contract.
'Me price or prices quoted in the attached bid or proposal are fair and proper and are not tainted by any collusion, conspiracy,
connivance or unlawful agreement on the part of the bidder or proposer or any of its agents, representatives, owners,
employees, or parties in interest, including the individual signing this document.
U.S. Bancorp Government Leasing and Finance, Inc.
Signature of
1wpresentative (Afflant)
Chris Jones, Senior Vice President
Printed or Typed :'Name and Title of Authorized Representative (Affiant)
/.Z -1/ -1 -7
Date
COUNTY or, Denver
STATE OF RWRRW Colorado
On thisllc�44— day 1)..rnc
11 20before me, the undersigned Notary Public of the State of
Florida, personally appeared Cada Jones ---whose name(s) is/tire subscribed to the
within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. He/She is
personally known to me or has produced--- as identification.
is in and for fl cCounty and
State Aforementioned)
expires:
ME ANE COMPLETE AND SU13MIT WITH YOUR IRFQ RESPONSE
12 -Failure to submit this form may be grounds for disqualification of your submittal*w
I -- -__ — -1, -,Y ill AMUMI 4
Attachment "D11
Conflict of Interest Statement
A. I am the of Senior Vice Presidentw ith a local office in U.S, Bancorp Government Leasing Finance, Inc.
--- fi-ns�ewriiir --
and principal office in Denver, CO -1 Company Name]_
B. The entity hereby submits-— --Police
an off�er i�lidTQ 19/20-i25 Financing of —Vehicles.
C. The AFFIANT has made diligent inquiry and provided the information in this statement affidavit based upon its full
knowledge.
D. The AFFIANT states that only one submittal for this solicitation has been submitted and tendered by the appropriate date and
time and that said above stated entity has no financial interest in other entities submitting a proposal for the work
contemplated hereby.
E. Neither the AFFIANT nor the above named entity has directly or indirectly entered into any agreement, participated in any
collusion or collusive activity, or otherwise taken any action which in any way restricts of restraints the competitive nature of
this solicitation, including but not limited to the prior discussion of terms, conditions, pricing, or other offer parameters
required by this solicitation. er
F. Neither the entity nor its affiliates, nor anyone associated with them, is presently suspended or otherwise prohibited from
Participation in this solicitation or any contract to follow thereafter by any government entity.
G. Neither the entity nor its affiliates, nor anyone associated with them, have any potential conflict of interest because and due to
any other clients, contracts, or property interests in this solicitation or the resulting project.
H. I hereby also certify that no member of the entity's ownership or management or staff has a vested interest in any City
Division/Department/Office,
I. I certify that no member of the entity's ownership or management is presently applying, actively seeking, or has been
selected for an elected position within City of Sanford goverm-nent,
J. In the event that a conflict of interest is identified in the provision of services, 1, the undersigned will immediately notify the
City in writing.
BY the signature(s) be] ol-v, I/we, the undersigned, as authorized signatory to commit the firm, certify that the information as provided
int chnAt "D11, ancorrect at the 6m Conflict of Interest Statement, is truthful d e
� Z ;4 of submission,
AFFIANT
A UMV,
Typed Name 0-fAFFIANT curls Jones
f1fle _. Eerr'ar Vico Frestdsr.S
COUNTY OF Denver
STATE OF MQX§MA Colorado
On this day of Dec e -r
-Yvl 6
Florida, personally appeared 1 20 before me, the undersigned Notary Public of the State of
—ChrisJones whose names) are scrto te
within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS
personally known to me or has produced, P, my hand(and is/officialsubseal.ibed He/She his
as identification.
addNotary fluillic in and for the County and State Aforementioned)
)30063 \1 ,/
ion expires:
PLEASE COMPLETE ANTS —SUB 'IIT WITH YOUR JRr4Q RESPONSE
'*"Failure to submit this form may be grounds for disqualification of your subiniffal-v
IRFQ 19/20-125 Due December 19.2019.f7-rulprL-i
J
' City of Sanford I Mnance Department I Purchasing Division
CITY OF 300 N. Park Avenue 2" Floor Suite 236 Sanford, Florida 32771
S,kKFORD Phone: 407.688.5028 or 50301 Flax: 407.688.5021
FINAKE DEPARTMENT INFORMAL REQUEST FOR QUOTE
TERM CONTRACT
TITLE: FINANCING OF POLICE VEHICLES
Attachment "Ell
COMPLIANCE WITH THE PUBLIC RECORDS LAW AFFIDAVIT
1. If and when the City of Sanford transmits records to the Contractor/Vendor which are exempt from public
disclosure, the Contractor/Vendor shall execute an "Acknowledgement of Receipt of Exempt Public Records and
Agreement to Safeguard" which will be provided with the exempt records. A sample form is attached for the
bidder/proposer's information.
11. Upon award recommendation or 30 days after opening, it is understood that all submittals shall become "public
records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes, and Section 24(a), Article
I of the Constitution of the State of Florida, and other controlling law (collectively the "Public Records Laws"), If the
City of Sanford (City) rejects all replies submitted in response to a competitive solicitation and provides notice of its
intent to reissue the solicitation, the replies remain exempt from disclosure until the City provides a notice of intent to
award or withdraws the reissued solicitation. If no award is made, responses are not exempt for longer than 12 months
after the initial notice rejecting all responses.
Proposers/Bidders must invoke the exemptions to disclosure provided by law as applicable to the response to the
solicitation, must identify the data or other materials to be protected, and must state the reasons why such exclusion from
public disclosure is necessary. The submission of a proposal authorizes release of your firm's credit data to the City,
If a Proposer/Bidder submits information exempt firoin public disclosure, the Proposer/Bidder must specifically and in
detail identify with specificity which pages/paragraphs of their bid/proposal package are exempt from the Public Records
Laws, identifying the specific exemption tinder the Public Records Laws that applies to each. The protected information
must be submitted to the City in a separate envelope marked accordingly.
By submitting a response to this solicitation, the Proposer/Bidder agrees to defend, indemnify and hold the City harmless
in the event the City litigates the public records status of the Proposer's/Bidder's documents this provision including the
obligation to pay the full legal costs of the City including, but not limited to, attorney's fees, court costs, and any and all
other charges, regardless of what level of trial or appeal.
U.S. Bancorp Government Leasing and Finance, Inc.
12-11-11
Representative (Affiant) Date
Chris Jones
rrinica or i yped Name and Title of Authorized Representative (Affiant)
I --- -, - ---- 17, AUJJ RX L:UUV1'V,1 6
City Of Sanford I Finance Department ( Purchasing Division
(
CITYOF 300 N. Park Avenue 20' Floor Suite 236 Sanford, Florida 32771
S�NFORD Phone: 407.688.5028 or 50301 Fax: 407.688.5021,
FINANCEDEPARTMrNt
INFORMAL REQUEST FOR QUOTE'
TERM CONTRACT
TITLE: FINANCING OF POLICE VEHICLES
COUNTY OF Denver
STATE OF Kk)MkR)* Colorado
On thisay of V -)e-
d _ , . 20 before me, the undersigned Notary Public of the State of
Florida, Personally appeared Chris Jones whose names) /are ito e
within instrument, and he/she/they acknowledge that he/she/they executed it, 1,VTrNFOS my hand(andisofficialsubscrseal.bed He/shethis
personally known to me or has produced
as identification,
in and for
and State Aforementioned)
expires: 5 - %--i GT(
PLEASE COMPLETE AND
o' -Failure to submit this form Inay be WITH YOUR IRFQ RESPONSE
e grounds for disqualification of your submittal—
IRFQ 19120-125 Due December 19.2019 nt?-nnP?..t
City of Sanford I Finance Department I Purchasing Division
300
CITY OF N. Park Avenue 2-d Floor Suite 236 Sanford, Florida 32771
S ORD Phone: 407.688.5028 or 5030 1 Fax: 407.688.5021
FINANCEDEPAJITMENT INFORMAL REQUEST FOR QUOTE
TERM CONTRACT
TITLE: FINANCING OF POLICE VEHICLES
Attachment '71
CERTIFICATION OF NON -SEGREGATED FACILITIES FORM
The Bidder certifies that no segregated facilities are maintained and will not be maintained during the execution
of this contract at any of its establishments.
The Bidder further certifies that none of its employees are permitted to perform their servicesat any location
under the Bidder's control during the life of this contract where segregated facilities are maintained.
The Bidder certifies further that it will not maintain or provide for its employees any segregated facilities at any
of its establishments, and that he will not permit his employees to pet -form their services at any location, Linder
his control, where segregated facilities are maintained.
As used in this certification, the term "segregated facilities" means any waiting rooms, work area, rest rooms
and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing
areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities
provided 1br employees which are segregated by explicit directive or are in fact segregated on the basis of race,
creed, color or national origin, because of habit, local custom, or otherwise.
The Bidder agrees that (except where it has obtained identical certification from proposed subcontractors for
specific time periods) it will obtain identical certifications from proposed subcontractors prior to the award of
subcontract exceeding $10,000 and that it will retain such certifications in its files.
. U.S. Bancorp Government Leasing and Finance, Inc.
Name of Bidder
f Authorized Representative
Chris Jones, Senior VicePresident
Printed or Typed Name and Title of Authorized Representative
/:z -It-1 9
Date
PLEASE COMPLETE AND SU13MIT WITH YOUR IERFQ RESPONSE
'O" Failure to submit this form may be grounds for disqualification of your submittal"'
invo iqnn_v)r n... n_-_ __ . - -
City 30of Sanford I Finance Department I Purchasing Division
(
CITY OF 0 X. Park Avenue 2nd Floor Suite 236 Sanford, Florida 32771
Phone: 407.688,5028 or 50301 Fax: 407.688.5021
SXNFORD --
FIRANCEDEPARTME14T INFORMAL RE' QUEST FOR QUOTE
TERM CONTRACT
TITLE: FINANCING OF POLICE VEHICLES
Attachment 1IG11
DISPUTES DISCLOSURE FORM
Answer the following questions by answering "YES" or "No". If you answer "YES", please explain in the
space provided, please add a page(s) if additional space is needed.
Has your firm, or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulation or any other regulatory agency or Professional association within
the last five (5) years? N (Y/N)
2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last
five (5) years? _______N (Y/N)
3. Has your firm had filed against it or filed any requests for equitable adjustment, contract claims or
litigation in the past five (5) years that is related to the services your firm provides in the regular course
of business? N (Y/N) Note: If yes, the explanation must state the nature of the request
for equitable adjustment, contract claim or litigation, a brief description of the case, the outcome or
status of suit and the monetary amounts or extended contract time involved.
I hereby certify that all Statements made are true and agree and understand that any misstatement or
misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of the
project identified.
U.S. Bancorp Government Leasing and Finance, Inc.
Firm A
61%
IAULnortzea representative
Chris Jones, Senior Vice President
Printed or Typed Name and Title --of—Au- —thorized Representative
Date
PLEASE COMPLETE AND SUBMIT WITH YOUR IRFQ RESPONSE
`Failure to submit this form may be grounds for disqualification of your submittal -W
1Rr'Q 19/20-125 Due lnpe—h— in inin — —.—
City of Sanford I Finance Department ( Purchasing Division
30
CITY OF III N. Park Avenue 2°d Floor Suite 236 Sanford, Florida 32771
S ORD Phone: 407.688.5028 or 5030 1 Fax: 407.688.5021
FINANCtOEPARTMIT INFORMAL REQUEST FOR QUOTE
TERM CONTRACT
TITLE: FINANCING OF POLICE VEHICLES
Attachment 111411 -
Drug -Free Workplace Certification
When applicable, the drug-free certification form below must be signed and returned with the IRFQ response.
In order to have a drug-free workplace program, a business shall.
A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for
violations of such prohibition.
B. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free
workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be
imposed upon employees for drug abuse violations.
C. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement
specified in the first paragraph,
D. In the statement specified in the first paragraph, notify the employees that, as a condition of working on the commodities or
contractual services that arc under bid, the employee will abide by the terms of the statement and will notify the employer of
any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893, Florida Statutes, or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after
such conviction,
E. Impose a sanction on, or require the satisfactory participation in, a drug abuse assistance or rehabilitation program if such is
available in the employee's community, by any employee who is so convicted.
F. Make a good faith effort to continue 10 maintain a drug-free workplace through implementation of the foregoing provisions.
By t e sign re(s) below, I/we, the undersigned, as authorized signatory to commit the firm, certify that the information as provided
in n rug -Free 'Workplace Certification, is truthful and correct at the time of submission,
AFFIANT ATURF
Chris Jones
Typed Name of AFFIANT
Senior Vice President
I Hic
COUNTY OF Denver
STATE OF IdMkR4* Colorado
On thisdayof.f
j2Ce_rV1' 201____
I1 before me, the undersigned Notary Public of the State of
Florida, pers�riailly appeared Chris Jones whose name(s) is/are subscribed
within instrument, and he/she_/'t_h_e_yackn� to the
owledge that helshe/they executed it. WITNESS my hand and official seal. He/She is
personally known to me or has produced as identification.
IRFO 19120-12s n— to .
for the County and State Aforementioned)
,n expires: C) D—
)MPLE TE AND SUBMIT WITH YOUR IRFQ jjS—poNSE,
t this form may be grounds for disqualification of your submittal—
I U
Attachment "I"
Americans With Disabilities Act Affidavit
By executing this Certification, the undersigned CONTRACTOR certifies that the information herein contained is true
and correct and that none of the information supplied was for the purpose of defrauding the City of Sanford (CITY).
The CONTRACTOR will not discriminate against any employee or applicant for employment because of physical or
mental handicap in regard to any position for which the employee or applicant for employment is qualified, The
CONTRACTOR agrees to comply with the rules, regulations and relevant orders issued pursuant to the Americans with
Disabilities Act (AFA), 42 TJSC s, 12101 et seq. It is understood that in no event shall the CITY be held liable for the
actions or Omissions of the CONTRACTOR or any other party or parties to the Agreement for failure to comply with the
ADA. The CONTRACTOR agrees to hold harmless and indemnify the CITY, its agents, officers or employees from any
and all claims, demands, debts, liabilities Or causes of action of every kind or character, whether in law or equity, resulting
from the CONTRACTOR's acts or omissions in connection with the ADA.
M
Signature
orizea xepresentative (Affiant) Date
)Phor R Jones
Vice President
Printed or Typed ped Narne and Title of Authorized Representative (Affiant)
COUNTY OF Denver
STATE OF KROMM Colorado
0111 this i i"' --day of' -
JY
20 before me, the undersigned Notary Publicof the State of Florida,
personally appeared Chris Jones whose name(s) is/are subscribed to the within instrument, and
he/she/they acknowledge that he/she/they executed it. WITNESS my hand and Official seal. He/She is personally known
to me or has produced . as identification.
(Notary Public inandfor the County and State Aforementioned)
MSM emission expires:
PLEASE COMT'LETE AND SUBMIT WITH YOUR M RESPONSE,
'! 'Failure to submit this force may be grounds for disqualification of your submittal -W
IRFQ 19/20-125 Due Deeemk IQ )ni n -
11
City of Sanford I Finance Department I Purchasing Division
300 N. Park Avenue 2" Floor Suite 236 Sanford, Florida 32771
Phone: 407.688.5028 or 5030 ( Fax: 407.688.5021
S.�NFORD
INFORMAL REQUEST FOR QUOTE
TERM CONTRACT
TITLE: FINANCING OF POLICE VEHICLES
Attachment "J"
Addendum Receipt Acknowledgement Certification
The undersigned acknowledges receipt of the following addenda to the solicitation document(s) (Give number and date of each):
Addendum No.
Addendum No.
Dated:
Dated:
Addendum No.
Dated:
Addendum No,
Dated:
Addendum No,
Dated:
By the signature(s) below, I/we, the undersigned, as authorized signatory to commit the firm, certify that the information as provided
in Attachment "KII, Addendum Receipt Acknowledgement Certification, is truthful and correct at the time of submission.
Bidder/Contractor Name: U.S. Bancorp Government Leasing and Finance, Inc.
Mailing Address: 369 Spyglass Ct. Green Cove Springs, FL 32043
Telephone Number: - (904) 284-3520 Fax Number:
E-mail Address: denise.beauchamp@usbank.com
Denise BeauchampFEIN: 45-3798148
uthorized Sig atony Printed _&a_m_e______
Vice President
Fitle
December 17, 2019
100
PLEASE COMPLETE AND SUBMIT WITH YOUR IRFQ RESPONSE
'I'Failure to submit this form may be grounds for disqualification of your submittal"'
1 1)