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R-95-10-12-13H - 10/12/1995WHEREAS, the City of Round Rock has duly advertised for bids for the financing of the 800 Mhz Trunked Radio System, and WHEREAS, G.L C:RPI >RL.. / /C FN,M)CE , .CNG. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of G.E. PITAL /? 1 1 : 1NA446,1Nc•, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with 17.6. CAP/TRL n1131../G FNANCE, INC. for the financing of the 800 Mhz Trunked Radio System, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 12th day of October, 1995. ATTEST: 1 41100AI !' ice_ /L# 'ANNE LAND, City Secretary x: \RESOLOTI \RSS1O12H WPD /kg RESOLUTION NO. R- 95- 10- 12 -13H CHARLES CULP'I]IPPER, Mayor City of Round Rock, Texas COMPANY NAME G. E. CAPITAL FINANCE ASSOCIATES COMMERCIAL KOCH FINANCIAL CORP. MOTOROLA BANK ONE STATED INTEREST RATE 5.36% 5.36% 5.51% 4.90% 5.08% EFFECTIVE INTEREST RATE( *) 4.729% 4.729% 4.877% 4.900% 5.080% ESTIMATED TOTAL NET PAYMENTS ( * *) $1,819,129 ( * *) $1,819,129 ( * *) $1,828,537 $1,829,974 $1,841,419 CITY OF ROUND ROCK ANALYSIS OF QUOTES -RADIO EQUIPMENT LEASING -- DRAFT -- RADIOLSE 10- Oct -95 04:52 PM ( *)EFFECTIVE INTEREST RATE IS THE STATED RATE LESS ESTIMATED EARNINGS FROM ESCROWED LEASE PROCEEDS. (* *)ESTIMATED TOTAL NET PAYMENTS REFLECT AMORTIZATION OF EQUAL PAYMENTS LESS ESTIMATED EARNINGS FROM ESCROWED LEASE PROCEEDS. CITY OF ROUND ROCK REQUEST FOR QUOTES (RFQ) LEASE / PURCHASE FINANCING PART I GENERAL CLAUSES AND CONDITIONS SPECIFICATION NO: 17 -95 -0002 DATED: OCTOBER 1995 1.0 The City of Round Rock (LESSEE) requests quotes from LESSORS, (Individuals, financial Institutions, including leasing entities, investment banks, commercial banks, and any other interested parties) duly qualified and experienced in arranging third party financing for the lease/purchase of various types of equipment for various City purposes. 2.0 It is the intent of the City to enter into an agreement with a Lessor using terms and conditions acceptable to both parties and which are the accepted standard in the industry. 3.0 All cost(s) incurred directly or indirectly relating to preparation of a quote or any oral or written clarification, which the City may require, shall be the sole responsibility of the Quoter. 4.0 All responses shall state that the quote is valid for a period of time not less than thirty (30) days. 5.0 Quoters shall state, in their quote that the Quoter is, at the time of the response and intends to remain, in compliance with all applicable laws, rules, and regulations of Federal, State, and Local Governing entities. 6.0 The successful Quoter shall, in a timely manner, execute any and all proceedings, forms, disclosures, citations, or any other documents necessary and required to complete the financing arrangement described in connection with this specification. Any and all agreements and supporting documents created as a result of this RFQ shall be governed and construed according to the laws of the State of Texas. 7.0 As provided for in Section 271.005 of the Local Government Code, V. A. T. S., the City shall have the right to classify the repayment of any debt resulting from this solicitation as debt as such specifies that the transaction documents delete any non- appropriation clause and substitute the following language: TAX LEVY A special Interest and Sinking Fund (the "Interest and Sinking Fund ") is hereby created solely for the benefit of the Agreement, and the Interest and Sinking Fund shall be established and maintained by the City at an official depository bank of the City. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the City, and shall be used only for paying the interest on, and principal of, the Agreement. All ad valorem taxes levied and collected for and on account of the Agreement shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while the Agreement or interest thereon are outstanding and unpaid, the governing body of the City shall compute and ascertain a rate and amount of ad valorem tax money required to pay the interest on the Agreement as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of the Agreement as such principal comes due (but never less than 2% each year), and said tax shall be based on the latest approved tax rolls of the Lessee, with full allowance made for tax delinquencies and the cost of tax collection. 8.0 The agreement resulting from this RFQ shall contain a provision whereby the City, at its sole option, may exercise the early payoff clause and all lease payments made shall be applied to the total lease amount. The early payoff shall not exceed the original total lease less all lease payments made plus any interest then due and payable, and, if any, early payoff interest or penalty. 9.0 The City's general obligation bond rating is: 9.1 Moody's Investor Service A 9.2 Standard & Poor's A PART II SPECIFICATIONS 1.0 SCOPE: The intent of this specification is to provide quoters with sufficient information to prepare a response to this RFQ. All quotes shall include, but not limited to, the following: (quoter may submit terms, conditions, options or other considerations that exceed or supplement the requirements) 2.0 INTEREST RATE: The interest rates shall be fixed for the term of the lease agreement. Lessor shall furnish the Lessee with appropriate amortization schedule(s). Interest shall not begin until funding is received by the City. 3.0 AMOUNT TO BE FINANCED AND FUNDING: Assume the fully funded amount to be $1,533,453. This amount includes an administrative fee payable to Houston - Galveston Area Council of Governments. Funding shall be made into a full funded escrow account to be established at the City's depository bank or in a bank mutually agreed upon by the Lessor and Lessee. The amount funded into the escrow account is subject to change at the sole discretion of the City. All investment earnings from the escrow account shall be the property of the City. 4.0 PAYMENT TERMS: Assume an escrow funding date of November 1, 1995, and a first payment date of August 1, 1996. Payments shall be semi - annual in arrears after the first payment. The City may elect to make accelerated principal payments as shown in Alternatives 1 and 2 of Exhibit A (RFQ RESPONSE.) 5.0 FOUIPMENT: The security shall consist of an 800 Mhz Trunked Radio System provided by Motorola Inc, through a cooperative purchasing agreement with the Houston - Galveston Area Council of Governments. The System will serve the City Public Safety, Public Works, and Parks and Recreation Departments. The System includes mobile and portable radio units, console stations, repeater units, antenna systems, tower, and all related equipment and personal services required to bring the System into full and complete operation. 6.0 UO ACCEPTANCE PERIOD: All quotes shall remain firm and valid for a period of not less than thirty (30) days from the due date of the quote. 7.0 FEES AND EXPENSES: Any additional fees and expenses, unless clearly identified and mutually agreed to, shall be the sole responsibility of the Lessor. 8.0 ASSIGNMENT: Lessor may assign its interest in the agreement resulting from this RFQ to an affiliate of Lessor without the written consent of Lessee provided Lessee is advised of said assignment before such assignment is made. If the Lessor intends to sell or resell the schedules to a non affiliate, such intent shall be disclosed in the response to the RFQ. It is the Ciity's intent that this financing shall not be assigned to a non - affiliate or certificated out. 2 9.0 NET LEASE: All obligations, costs and responsibilities associated with ownership of the equipment will be borne by the Lessee, including insurance, maintenance, and applicable taxes. 10.0 LEGAL OPINIONS: Lessee's Counsel will provide an opinion as to legality, enforceability, authority, title, and execution and effect of the Lease and other supporting documents. 11.0 DOCUMENTATION: Copies of all documents required for a financing transaction as described in this specification shall be furnished with the RFQ Response. 12.0 SUBMISSION OF QUOTES: An original and one (1) copy of all proposal response documents shall be submitted to: City of Round Rock Purchasing Agent 221 East Main Street Round Rock, Texas 78664 -5299 Telephone (512) 255 -3612 Fax (512) 255 -6676 Quotes will be accepted until 2:00 P.M. October 9, 1995, at which time the names of the quoters will be announced. FACSIMILE RESPONSES SHALL BE ACCEPTED IF FOLLOWED BY RECEIPT OF THE ORIGINAL DOCUMENTS. ALL RESPONSES SHALL BE RECEIVED IN THE OFFICE OF THE CITY PURCHASING AGENT BEFORE THE HOUR AND DATE SPECIFIED ABOVE. LATE RESPONSES PROPERLY IDENTIFIED WILL BE RETURNED TO THE RESPONDER UNOPENED. LATE RESPONSES WILL NOT BE CONSIDERED. 13.0 AWARD: The City reserves the right to accept or reject all or any part of any quote, waive minor technicalities, and make an award to best serve the interests of the City. The City also reserves the right to reject any or all quotes for any reason. 14.0 RIGHT TO FINANCE ELSEWHERE: The City reserves the right to refinance the equipment covered by the agreement resulting from this RFQ and prepay any remaining amounts due and all security shall be released 15.0 INOUIRES: Inquires should be directed to David Kautz, Director of Finance 512- 255 -3612 voice 512 - 255 -6676 fax or Howard Baker, Purchasing Agent Purchasing Agent 512- 255 -3612 voice 512- 255 -6676 fax Inquires should make reference to specific section numbers of the RFQ. 3 16.0 BANK QUALIFYING: The City has issued in excess of $10,000.000.00 in tax exemut debt this calendar year. 17.0 PROJECT PAYMENT SCHEDULE: The estimated Project Payment Schedule (progress payments) is shown in Exhibit D PART HI EXHIBITS 1.0 EXHIBITS: The following exhibits are hereby made a part hereof by reference: 1.1 Exhibit A: REQUEST FOR QUOTES RESPONSE (2 PAGES) * * ** 1.2 Exhibit B: QUESTIONNAIRE * * ** 1.3 Exhibit C: REFERENCES * * ** 1.4 Exhibit D PROJECT PAYMENT SCHEDULE ( Progress Payments) * * ** THESE EXHIBITS SHALL BE COMPLETED AND RETURNED AS THE RFQ RESPONSE. FAILURE TO PROVIDE THESE REQUIRED ATTACHMENTS MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD IN CONNECTION WITH THIS TRANSACTION. 4 Principal Repayment Alternative 1 Alternative la Alternative 2 Alternative 2a Payment 1 $250,000 Amortize a $250,000 Amortize a Payment 2 225,000 traditional 250,000 traditional Payment 3 110,000 payment schedule 150,000 payment schedule Payment4 110,000 assuming 133,000 assuming Payment 5 110,000 7 year term 125,000 5 year term Payment 6 100,000 (14 semi- annual 125,000 (10 semi - annual Payment 7 100,000 payments) 125,000 payments) Payment 8 100,000 125,000 Payment 9 85,000 125,000 Payment 10 85,000 125,453 Payment 11 85,000 Payment 12 75,000 Payment 13 50,000 Payment 14 48,453 Total Payments 1,533,453 1,533,453 Response: Alternative 1 Alternative la Alternative 2 Alternative 2a Interest Rate Identify any fees not included in the amortization schedule provided Please attach an amortization schedule for each alternative CITY OF ROUND ROCK REQUEST FOR QUOTE RESPONSE RPQ NO 17 -95 -02 FACSIMILE RESPONSES SHALL BE ACCEPTED UNTIL 2:00 P.M. OCTOBER 9, 1995 NOTE 1. List and discuss any additional fees, expenses, penalties, or payments included in this financing proposal and indicate if such costs are were amortized in the repayment schedules. 2. The effective interest rates and resulting amortization schedules should include and reflect all amortized costs associated with the financing of the aforementioned equipment. 3. A representative amortization schedule shall be included for each finance assumption. 4. Amortization schedules should reflect payments in "ARREARS;. However the City desires to have the option of making accelerated principal payments. Accelerated principal payments are shown as Alternatives 1 and 2. Traditional payments are shown as Alternatives la and 2a above.. AUTHORIZED SIGNATURE DATE A -1 5 REQUEST FOR QUOTE RESPONSE PAGE 2 TAX IDENTIFICATION NUMBER LEGAL BUSINESS NAME ADDRESS ADDRESS CONTACT TELEPHONE NUMBER FAX NUMBER BUSINESS ENTITY TYPE (INDIVIDUAL, PARTNERSHIP, SOLE PROPRIETORSHIP, ESTATE/TRUST /, CORPORATION, GOVERNMENTAL, NON - PROFIT) NAME OF PARENT ENTITY IF A SUBSIDIARY 1. FUNDING SHALL BE MADE FROM: NAME OF ENTITY ADDRESS ADDRESS CONTACT TELEPHONE NUMBER FAX NUMBER 2. LEASE PAYMENTS SHALL BE MADE TO: NAME OF ENTITY ADDRESS ADDRESS CONTACT TELEPHONE NUMBER FAX NUMBER AUTHORIZED SIGNATURE DATE QUOTER MAY ATTACH AS MANY ADDITIONAL PAGES AS NECESSARY TO MAKE THIS RESPONSE COMPLETE. THIS ATTACHMENT (TWO (2) PAGES) SHALL BE RETURNED AS THE RFQ RESPONSE FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE RFO RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD IN CONNECTION WITH THIS TRANSACTION. A - 2 6 1. Specify basis: 360 day or 365 day year EXHIBIT B QUESTIONNAIRE 2. Will your contract include an early payoff clause with no interest or any other penalty? 3. Will your contract include an early payoff clause with additional interest or other penalty? If it will, state the provisions of this clause. 4. Will you require vehicle titles with the non- appropriation clause deleted from the agreement? 5. Assuming the agreement will be carried to the full term, state the Lessee's total payments for each assumption as listed below.. AMOUNT TERM EFFECTIVE TOTAL TOTAL TOTAL TOTAL FINANCED YEARS INTEREST PRINCIPAL INTEREST ADDITIONAL COST RATE PAYMENTS PAYMENTS COSTS $1,533,453. (1) 7 % $ $ $ $ $1,533,453. (la) 7 % $ $ $ $ $1,533,453. (2) 5 % $ $ $ $ $1,533,453. (2a) 5 % $ $ $ $ THIS EXHIBIT SHALL BE RETURNED WITH RFQ RESPONSE FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE RFQ RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD IN CONNECTION WITH THIS TRANSACTION B -1 7 EXHIBIT C REFERENCES List below the name, address, year, and contact person of governmental entities for which you have performed a successful lease program. If available also include the estimated dollar value of each lease. THIS EXHIBIT SHALL BE RETURNED WITH RFQ RESPONSE. FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE RFQ RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD IN CONNECTION WITH THIS TRANSACTION C -1 8 Date Estimated Vendor Payment Nov 1995 $168,712 Dec 1995 200,000 Feb 1996 130,000 July 1996 610,000 Aug 1996 150,000 Sep 1996 120,000 Nov 1996 154,741 Total Payments 1,533,453 EXHIBIT D PROJECT PAYMENT SCHEDULE (Progress Payments) Project Payment Schedule (Progress Payments) (This schedule is for information only and is subject to change) D -1 DATE: October 10, 1995 SUBJECT: City Council Meeting, October 12, 1995 ITEM: 13. H. Consider a resolution authorizing the Mayor to enter into an agreement for the financing of the 800 MHz Trunked Radio System. STAFF RESOURCE PERSON: David Kautz This item provides a financing package for the Motorola 800 MHz Trunked Radio system. The financing structure will include the following terms and conditions: 1. Project value (maximum amount financed) $1,533,453 2. Term 7 -year pay back, semi - annual payments, accelerated principal repayment 3. Financing Method Tax Exempt Capital Lease /Purchase obligation By entering into this financing arrangement, the City commits to providing sufficient funds to fully pay maturing principal and interest on the obligation. Funding for the first year repayment of principal and interest has been included in the operating budget. An analysis of the City's financing alternatives and the estimated financial impact is attached to this item along with the apparent effective interest rates. Staff will continue to analyze financing proposals and a final recommendation will be made to the Council at the meeting. LESSOR GE Capital Public Finance, Inc. LESSEE: City of Round Rock, Texas PURCHASE OPTION: The Lessee will build equity in the equipment with each lease payment and will have the option to purchase the equipment as indicated on the appropriate payment schedule. The Lessee will own the equipment free and clear of GECPFs lien after the last lease payment is paid. STRUCTURE: This transaction will be added on to the Master Lease Agreement recently executed between GECPF and the Lessee and, in addition, will include an Escrow Agreement. NET LEASE: All obligations, costs and responsibilities associated with ownership of the equipment will be bome by the Lessee including insurance, maintenance, and applicable taxes. FINANCIAL INFORMATION: This proposal is subject to, among other things, GECPF's approval of the Lessee's financial condition. The last (3) three years of audited financial statements for the Lessee and a - current budget will be required for GECPFs credit review. EQUIPMENT FINANCING APPROVAL: DOCUMENTATION: LEGAL OPINIONS: GECPF requires that all equipment to be financed be approved by GECPF's credit department. By execution of a Lease, GECPF is not committing to finance equipment. Each request for equipment financing will be individually reviewed and approved or disapproved by GECPF. All equipment to be financed must be considered personal property. Documents shall include a Master Lease Agreement (the "Lease ") and certificates as are reasonably necessary to evidence and carry out the transactions including representations, warranties and indemnities which are deemed appropriate by GECPF. Lessee's Counsel shall provide an opinion as to legality, enforceability, authority, title and execution and effect of the Lease and other documents in form and substance satisfactory to GECPF. Attomey General approval of this transaction may be required. Page 3 of 4 The enclosed letter and Term Sheet express the willingness of GECPF to seek the additional approvals necessary for the transaction. Neither our letter nor the Tenn Sheet constitutes a commitment. Any such commitment would require the prior approval of GECPF's credit committee and the negotiation of a definitive structure and documents. No rights, liabilities or obligations shall arise as a result of our letter, the Term Sheet or discussions we have had or may have in the future prior to execution of the definitive documents and the satisfaction of each precondition to closing. Further, notwithstanding the execution of such documents, in the event a bid protest or any other challenge to the transaction is made prior to the funding of all or part of the transaction, GECPF shall have no obligation to proceed with the transaction. GECPF may decline further consideration of the transaction at any point in the approval process. PROPOSAL ACCEPTED BY: Lessee Name: Signature: Name: Date: Page 4 of 4 O C t o e c e / ) 9 9 5