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HomeMy WebLinkAboutIT10-267 - Original - ABS Finance - Equipment Lease Purchase: Digi Doc Flow - 07/02/2010ecords M em KENT D ocumentWASHINGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City CIerks Office' All portions are to be completed. If you have questions, please contact city clerk's office, Vendor Name: Vendor Number: JD Edwards Num r Contract Number: This is assigned by City Clerk's Office Project Name: Description: n Interlocal Agreement n Change Order n Amendment n Contract ffOther: Contract Effective Date:7loa. lto Termination Date: 9lo=l te---r t Contract Renewat Notice (DaYs): Number of days required notice for termination or renewal or amendment Contract Manager:Department: Detail: (i,e. address, location, parcel number, tax id' etc.): ,r) rl S: Public\RecordsManagement\Forms\Contractcover\adcc7832 | 1U08 \ 0p,;a t3 ft' MUNICIPAL LEASE puicnnsE AGREEMENT This document ls wrltten ln "Plaln Engllsh".The words You and Your refer to the customer, The Flnance, Every has been made to ellmlnate confuslng language and create a attemPt rivords LeEsor' we'us and our refer to documenl. Flnturce STREET AOORES9 4th PHONE IT 2"d Floor FULL LEGAL NAME of FAX zlPSTATEcrw98032WAKent E.MAILADDRESB FEDEML TAX I.D.# g4 PaYments of $271,08 Porlod lgLeas6 lndlcatsd'OtherwloeUnleeg See the attqched Schedule 1A"I See the attach€d Pool Bllllng Schedule E See the attaohed GrouPed tr Torm lo Monlhs 34 THIS IS A NONCANCELABLE ' I RREVOCABLE AGREEMENT, THIS AGREEMENT CAN NOT Pool Bllllng Schedule $0 BE CANCELED OR T ERMINATED. 6@nomlo I novol a8l 601 sn oplnlon ._- Your hltlal!(conllnuod on lho ttwrss sklo) ABS Flnance proml!8tyourilgnlngbslow,YM Ke/t m!poc'b ond condl0ons haroln mElnlensncs qnd ro as lo nalnlaln manuf6olur6/B and/ot auppll8/r warJanllo!. Us orOlr Ecslgn66 a tum oqual to lho sppllcablo t€rnalnlng'Pdnolpal Batanco'plur lnlorost e! elalsd on Exhlbll B, ll peld l6t6t lhan as 16gulatlyschsdulad. 8, DI8OLAIMER OF WARRANTIEEI WE I.JIAKE NO WARRANTY EXPRESS OR IMPLIEDI INOLUDINO IHAT THE EqUIPMENT 18 FIT FOR A PARTICUTAR PURFO8E OR IHA| THE EOUIPI/IENT 18 TT,|ERoHANTABLE you ACnEE IHAT you HAVe SELEoTEo THE suppUEF AND EACiI lTlM OF EqUIPMENT EA6ED UPON YOUR,IUDOEMENI AND DlsoLAlM ANY FEIIANOB UPoN ANY STATEMENTS OR REPRESEIITAIIONs IlIADE BY U8 OR ANY sUPPIIER. Il,lE DO NOT TAKE NEEPONSIEILITY TOR THE INSTALLAfON OR PERFORMANCE OF THE EAUIPTVENT, THE OUPPLIER IS NOT AN A6ENT OF OURS AND NOTHINO THE 8UPPIIBN 9TATES OAN AFFEOT YOUR OBLIOATION UNDSR THE LEA8E. YOU WILL OONTINUE TO I/IAKE ALL PA\6'IENTS UNDER THI8 AOREEMENT RECARDLEG8 OF ANY O[AIM OR OOMP[AINT AOAINsT SUFPLIEN. caals snd on whlch Ws may make a prolll. Nolhlno ln Wo psrEgroph wlll r€llovs You ot lht obllgatlon lo provldo publlo llablllly covoraoo. Equlpm0nl to us snd guil€ntse 6nd lndomnlff slsar lllle. Yoq al your own oxpense, ohall dellver lhe Equlpmofil lo €uoh plact aB opeomod by.Ua, any lmnel€r and tnxoE putruonl io Paagtaph I l. A{rocmonl and Your.lghl lo po0losslon ol he Equlpnenl, perfomance.olallobll06llonoonthsp$lorYoulobepedormedundurhleleaeo, A[6uchrsmodlsrar€oumulallvo,dndmoybo€x€rol8€dconcuronllyotsopar|loly, c0ncur,6nllyi 6op8rstoly, or ln aequonce, aorlgn6o, nocoloary UCC-! lornr lo per{eot lhe purohaso mon6y rsouallylntoroBt h6t€ln granlsd to socurod perty. Any fso chdtged under thl8 Agr€qrnont moy lnok/da a prcnl lo, NoNAPPROPR|ATION| You maytormlnElo lhloAgroemenl at lfto ofid olany flrcql y0et It lho followlng €v€nlo lhall havo occurddl fundr al8 sol budgstod and appropdalod, end lo p€aeeblyrrrtondg po!!6stlon ol 6pproptlEt€d, 19, oHolcE oF LAW JURY TRhL WAIVERT Th{. Laa!6 wlll bE govEmod and c.ntlrusd h rlghlo lo 6 lrlel by lury, to iqata -otfienioa lho lawr ol You elo loqalod, To lho ,xl.nl psrmlllsd by lEq Yor sgroE lo wafue Your APPLICATION NO. 1345726 CONTMGT NO. Exhibit "8" lnterest 27L,08 27L,08 277,08 277,OB 2?1.08 211,08 2't1.OB 27L. 271. 27L. 27t, 271, 2'lr, 277. 2't7, 27 t. 277, 2'lL, 2'77. 277, 27L. 2'1I. 27t. 2'tL, 2'7r. 271, 27L. 27L. 271. 271, 27 L, 27L, 2'7L, 271 Total Princlpal Balance Payment ll 01 o2 03 04 05 06 o1 OB no 10 11, 12 13 IA 15 16 II 1B 19 2A 2L 23 24 aq 26 27 28 29 30 31 32 33 34 206.93 208,58 2J.0,24 ztt.92 2]3,6L 2t5.3r 2t7 ,A3 278 ,16 220.5t 222,26 224,04 225,82 22't ,62 229.44 231..2'1 233.11 234 .97 236,8s 238.7 4 240,64 242.56 24A .49 246.44 248 .41 250.39 aq) aq 254,40 47 ,04 c3. zo 43,46 4t .64 39.81 37 .9'l Principal 7r 7, 7, '1 , 6l 6, 6, 6t 6, c 5, 5, al 4, 4l 4l 3, 3, 3, I 2l t t, L, 1,!, 08 OB OB 08 08 OB 08 08 08 08 08 08 08 08 o8 OB 08 OB OB 08 08 ,08 ,08 ,08 ,OB ,08 ,08 67 II 64. 15 62,50 60.s4 59.15 57 ,47 55.77 54.05 52,32 50,5? 48,82 36. 11 34,23 32.34 30.44 2B,52 26.59 zq.oq 22,61 20 .69 18.69 16. 68 14.65 72 ,6L 10. 55 a ,47 6,3'7 4.26 3,38 837 .O7 628 ,49 418,25 206,33 992,'72 777 , AL 560.38 341 .62 tzt.lL 898.85 67 4,BL 448.99 22t,36 99L,92 760.65 527,54 292.51 o55.'72 81.6.98 5',16 .34 333,7B 089.29 842.85 594.44 344.05 091. 67 256 258 260 262 264 AA 41 53 837 .27 580. B4 322.3'l 061,83 799,22 534.5L 26'l ,'10 0.00266 .82 26't .10 'l'his Exhibit "B" is hereby vcrifietl as conect by ihe ttndersigned, who uckuorvledgcs receipt ofa copy. x X *,' 8038'GG (Rev. November 2000) Department of thB Tr€8surY lnternsl Revenue Servlce lnformatlon Return for Small Tax'Exempt Governmental Bond lssues, Leases, and lnstallment Sales > lJnder lnternal Revenue Code section 149(e) Caution: lf the lssue pilce of the lssue ls $100,000 ot morq use Form 8038-G' a oMB No. 1545-0720 Check box if Amended Return ) 1 lssuer's name Kent, Glty of 2 lssuer's employer ldentilication number 3 Number and street (or P,o. box lf mall ls not dellvered to street address) 220 4lh Avenue 4 Clty, town, or post offlce, state, and ZIP code 5 Repolt number 5Kent WA 98032 6 Name and tltle of offlcer or legal rePresentatlve whom the IRS may call for moro informatlon 7 Telephone number of oflicer or legal Iepresenhtfue Paul Dunn 1 253 8564611 8a lssue price of obllgation(s) (see instructions) ' b lssue date (single issue) or calendar year (consolidated) (see instructions) > .---- I Amount of the reported obligation(s) on line 8a: a Used to refund prior issue(s) b Representing a loan from the proceeds of another tax-exempt obligation (e,9,, bond bank) 10 lf the issuer has designated any issue under section 265(bX3XBXiXlll) (small issuer exception), check this box 11 ll any obligation is in the form of a lease or installment sale, check this box 12 lf the issuer has elected to in lieu of check this Under of I have examlned thls return and accompanylng schadules and statements, and to the best of my knowledge Sign Here complete, 7-7-l* Issuer's Date Type or print name and tltle sl 6001254 8044.00 and ) General lnstructions Section references are ta the lnternal Revenue Code unless othervvise noted' Purpose of Form Form 8038-GC ls used by the issuers of tax-exemDt qovernmental obligations to orovide the iRs wlth the informatlon required bv section 149(e) and to monitor the rdquhements oi lectlons 141 through 150, Who Must File lssuers of tax-exempt governmental oblioations with issr.ie prices of less than $10"0,000 must flle Form 8038-GC' lssuers of a tax-exempt governmental oblloation with an lssuebrice of $100,000 or mor"e must flle Form 8038-G, lnformation Return for Tax-Exempt Governmental Obligations, Filind a seDarate return. lssuers have the ootio-n to fiie a separate Form 8038-GC for ahv tax-exempt qbvernmental obligation with an-lssue price of-less than $100,000, An issuer of a tax-exempt bond used to finance constructlon expendltures must file a seDarate Form 8038-GC for each issue to olrie notlce to the IRS that an election was firade to pay a penalty in lleu of arbitrage rebate (seeihe'line 1 2 instructlons), Filino a consolidated return. For all tax-ixempt governmental obllgations with issue orlc'esbf less than $100,000 that are not reborted on a separate Form 8038-GC, an issi:er must file abonsolidated lnformation return lncluding all such lssues lssued wlthin the calendar year, Thus, an issuer may file a separate Form 8038-GC for each of -a number of small lssues and report the remainder of small lssues issued'durlng the calendar year on one consolidated Form 8038-GC' However, a seDarate Form 8038-GC must be flled to give the IRS notice of the election to pay a penalty in lieu of arbltrage rebate, When To File To file a separate return, file Form 8038-GC on or beforb the 1sth day of the second calendar month after thsclose of the calendar quarter ln which the lssue is issued, To file a consolidated return, file Form 8038-GC on or before February 1sth of th€ calendar year following the year in whlch the issue ls lssued, Late filino, An issuer mav be qranted an extension-of time to file Form 8038-GC under Section 3 of Rev, Proc, 88-10, 1988-1 C.B. 635, lf lt is determined that the fallure to file on time ls not due to wlllful neglect. Type or orint at the top of the form, "This Statement is Submltted in Accordance wlth Rev, Proc, 88-10." Attach to the Form 8038-GC a letter brieflv statino whv the form was not subniltted to-the iRS on time. Also indicate whether the obliqation in question is under examlnation bv tle lRS. Db not submlt copies of anv bond d-ocuments, leases, or lnstallment sale documents, See Where To File below. Where To File File Form 8038-GC, and any attachments, with the lnternal Revenue Service Center, Ogden, UT 84201, Other Forms That MaY Be Required For rebatlnq arbltraqe (or paying a penalty ln lleu of arbltiaqe rebate) to the Federal oovernment, ilse Forni 8038-T, Arbitrage 'Rebate and Penaltv in Lleu of Arbitrage Rebate, For prlvatd activlty bonds, use Form 8038, lnformation Return for Tax-Exempt Private Actlvity Bond lssues, Rounding to Whole Dollars You mav show the money ltems on this return a-s whole-dollar amounts. To do so, droD anv amount less than 50 cents and incleasd anv amount from 50 to 99 cents to the next hig-her dollar, Definitions Oblioations, This refers to a single tax-e-xempt qovernmental obllgation lf Form 8038-GC'ls Ised for separate reporting or to multiole tax-exempt qovernmental obllgatlons lf the form is used for consolldated reporting' Tax-exempt obligation, This ls a bond' installmend purchSse aqreement, or flnancial lease, on whlch the interest is excluded from lncome under section 103. Tax-exempt governmental obligation' A tax-exempt obllgation that ls not a prlvate actlvitv bdnd (see below) is a tax-exempt ooverimental obllqatlon. This lncludes a bond Esued bv a qualifiid volunteer fire departm6nt under section 150(e), Private activitv bond. This includes an obligation issu6d as part of an issue ln whlch: . More than 10% of the proceeds are to be used for any private actlvlty business use, and oronassue 9a 9b Part I Part ll Cat. No.64108B rorm 8038-GC (Rev, 11-2ooo) Form 8038-GC (Rev. 11-2000)Page 2 . More than 10% of the payment of principal or intorest of the lssue ls either (a) secured by an lnterest in property to be used for a prlvate buslness use (or payments for such property) or (b) to be derlved from payments for property (or borrowed money) used for a private buslness use. It also lncludes a bond, the proceeds of which (a) are to be used to make or finance loans (other than loans descrlbed ln section 1a1(cXZ)) to persons other than governmental units and (b) exceeds the lesser of 5% of the proceeds or $5 mllllon, lssue. Generally, obligations are treated as part of the same lssue only if they are lssued by the same issuer, on the same date, and as part oF a slngle transactlon, or a series of related transactlons. However, obligations lssued durlng the same calendar year (a) under a loan agreement under which amounts are to be advanced Deriodicallv (a "draw-down loan") o'r (b) wlth i ierm not exceeding 270 days, may be treated as part of the same issue if the obligatlons are equally and ratably securedirnder a single indenture or loan agreement and are issued under a common financing anangement (e.9,, under the same official statement periodically updated to reflect changing factual circumstances). Also, for obligations issued under a draw-down loan that-meets the requirements of the preceding sentence, obligations issued during different calendar years may be treated as part of the same issue lf all of the amounts to be advanced under the draw-down loan are reasonably expected to be advanced within 3 yearsbf the date of issue of the lirst oblioation. Llkewlse, obllgatlons (other than-private actlvlty bonds) issued under a sirigle agreement that ls ln the form of a lease or installrnent sale may be treated as part of the same lssue if all of the property covered by that agreement is reasonably expected to be delivered within 3 years of the date of issue of the flrst obllgation. Arbitrage rebate. Generally, interest on a state or local bond is not tax exempt unless the issuer of the bond rebates to the United States arbitrage profits earned from investing proceeds of the bond in higher ylelding nonpurpose investments. See section 148(fl. Construction issue. This ls an issue of tax-exempt bonds that meets both of the following conditionsi 1. At least 75% of the available constructlon proceeds of the lssue are to be used for construction expendltures with respect to property to be owned by a governmental unit or a 501(cX3) organlzatlon, and 2. All of the bonds that are Dart of the issue are qualifled 501(c)(3) bonds, bonds that are not private activlty bonds, or private activity bonds lssued to finance propi:rty to be owned by a governmental unlt or a 501(cX3) organization, ln lieu of rebatinc anv arbltraoe that mav be owed to the Unlted'States, ihe issuer df a construction lssue may make an lrrevocable electlon to pay a penalty, The penalty ls equal lo 11lzo/o of the amount of constructlon proceeds that do not meet certaln spending requlrements. See sectlon 1480(aXC) and the lnstructions for Form 8038-T. Specific lnstructions ln general, a Form B03B-GC must be completed on the basls of avallable information and reasonable exoectations as of the date the lssue ls issuedi However, forms that are filed on a consolidated basls may be completed on the basis of lnformation readily available to the lssuer at the close of the calendar year to whlch the form relates, supplemented by estimates made ln good falth. Part l-Reporting Authority Amended return, lf this is an amended Form 8038-GC, check the amended return box, Complete Part I and only those llnes of Form 8038-GC that are being amended, Do not amend estlmated amounts previously reponed once the actual adrounts are determined, {See the Part ll lnstructions below,) Line 1, The issuer's name ls the name of the entlty issulng the obligations, not the name of the entlty recelvlng the beneflt of the financing. ln the case of a lease or installment sale, the issuer is the lessee or purchaser. Line 2. An issuer that does not have an employer identification number (ElN) should apply for one on Form SS-4, Application for Employer ldentificatlon Number. This form may be obtained at Social Security Administration offices or by calling 1-800-TAX-FORM, lf the EIN has hot been received by the due date for Form 8038-GC, write "Applied for" ln the space for the ElN, Line 5. After the preprinted 5, enter two self-deslgnated numbers, Number reports consecutlvely during any calendar year (e.9., 534, 535, etc.). Part ll-Description of Obligations Line 8a. The lssue price of obligatlons is generally determined under Regulations section 1,148-1(b), Thus, when issued for cash, the lssue price ls the price at whlch a substantlal amount of the obligations are sold to the public, To determlne the lssue price of an obllgatlon lssued for property, see sections 1213 and 1274 and the related regulations. Line 8b. For a single issue, enter the date of issue, generally the date on whlch the issuer physlcally exchanges the bonds that are part of the lssue for the underwrlter's (or other purchaser's) funds; for a lease or installment sale, enter the date lnterest starts to accrue, For lssues reported on a consolidated basis, enter the calendar year during which the obligations were issued, Lines 9a and 9b, For line ga, enter the amount of the proceeds that wlll be used to pay princlpal, interest, or call premlum on any other lssue of bonds, including proceeds that will be used to fund an escrow account for thls purpose. Both llne 9a and 9b may apply to a particular obligation, For example, report on line 9a and 9b obligatlons used to refund prlor issues which represent loans from the proceeds of another tax-exempt obligation, Line 11, Check this box lf property other than cash is exchanged for the obligation, e,9,, acqulring a police car, a tire truck, or telephone equlpment through a serles of monthly payments, ffhis type of obligation ls sometlmes referred to as a "municlpal lease,") Also check thls box if real property ls directly acquired ln exchange for an obllgation to make periodic paymonts of lnterest and principal, Do not check thls box if the proceeds of the obllgatlon are recelved ln the form of cash, even if the term "lease" is used in the title of the issue, Line 12. Check this box if the lssue is a conshuction issue and an irrevocable election to pay a penalty ln lieu of arbitrage rebate has been made on or before the date the bonds were issued, The penalty is payable with a Forrn 8038-T for each 6-month porlod after the date the bonds are issued. Do nol make any payment of penalty ln lieu of rebate wlth Form 8038-GC, See Rev. Ptoc,92-22, 1992-1 C,B. 736, for rules regarding the "electlon document," Paperwork Reduction Act Notice We ask for the lnformation on thls form to carry out the lnternal Revenue laws of the United States, You are required to glve us the informatlon, We need it to ensure that you are complying with these laws. You are not required to provide the lnformatlon requested on a form that is subJect to the Paperwork Reduction Act unless the form dlsplays a valid OMB control number, Books or records relatlng to a form or its instructions must be retalned as long as thelr contents may become material in the adminlstratlon of any lnternal Revenue law, Generally, tax returns and return information are confidentlal, as required by section 6103. The time needed to complete and file this form varies depending on individual circumstances, The estimated average time is: t hr., 58 min, .3hr,,3min, Learning about the law or the form Preparing the form Copying, assembling, and sending the form to the IRS 16 min, lf you have comments concerning the accuracy of these time estimates or suggestlons for maklng this form slmpler, we would be happy to hear from you, You can wrlte to the Tax Forms Commlttee, Western Area Distrlbution Center, Rancho Cordova, CA 95743-0001, Do not send the form to this address, lnstead, see Where To File on page 1. @