LEGISLATIVE RESEARCH CENTER
File #: 17-2844    Name:
Type: General Business Status: Passed
File created: 10/30/2017 In control: Broken Arrow City Council
On agenda: 12/5/2017 Final action: 12/5/2017
Title: Consideration, discussion, and possible approval of and authorization to execute Resolution No. 1065, a Resolution approving and authorizing execution of a Capital Lease Agreement between the City of Broken Arrow and Bank of Oklahoma Financial Equipment Finance, Inc. for the acquisition of three ambulances; and approving and authorizing the execution of certain documents related thereto, including but not limited to a Schedule of Payments, an Amortization Schedule, an Acceptance Certificate, No Arbitrage Certificate, a Lessee's Counsel Opinion, a Certificate of Resolution, a Certificate of Appropriation, and Incumbency Certificate, a Pay Proceeds Certification, and a Notification of Tax Exempt Status
Attachments: 1. RFP 18-122 Bid Tabulation, 2. RFP 18-122 BOK Financial Proposal, 3. 12-4-2017 RES. 1065 Ambulance bids BOK and City, 4. Municipal Lease Agreement

Broken Arrow City Council

                                                                                               Meeting of: 12-5-17

                                                                                    

To:                     Mayor and City Council

From:                     Fire Department

Title: 

title

                     Consideration, discussion, and possible approval of and authorization to execute Resolution No. 1065, a Resolution approving and authorizing execution of a Capital Lease Agreement between the City of Broken Arrow and Bank of Oklahoma Financial Equipment Finance, Inc. for the acquisition of three ambulances; and approving and authorizing the execution of certain documents related thereto, including but not limited to a Schedule of Payments, an Amortization Schedule, an Acceptance Certificate, No Arbitrage Certificate, a Lessee’s Counsel Opinion, a Certificate of Resolution, a Certificate of Appropriation, and Incumbency Certificate, a Pay Proceeds Certification, and a Notification of Tax Exempt Status

End

Background:

On July 18, 2017, the City Council, pursuant to a competitive bidding process completed in compliance with state and local laws, approved the purchase of (3) three new ambulances from Professional Ambulances, City Staff was authorized to investigate financing options that would benefit the City of Broken Arrow by amortizing a portion of the costs.  Staff issued a Request for Proposals (“RFP”) to numerous financial institutions and received a total of (7) seven proposals in response.

 

The overall project cost to purchase and equip three (3) new ambulances is approximately $933,623.00.  The Fire department has budgeted in the Fire Sales Tax Fund the amount of $225,000.00 in fiscal year 2018 which will be applied to the project.  The remaining balance of $730,000.00 will be secured from the successful financial institution from the RFP process.  Repayment will be accomplished through annual payments for a term of (4) years through a capital fund account, but will be subject to annual appropriation.

 

A thorough review of all proposals was performed by both the Fire Department and Finance Department and BOK Financial Equipment Finance, Inc. (“BOK”) was found to have the proposal most advantageous to the City, while meeting the specifications and requirements outlined within the RFP.  BOK’s proposal included a (4) four-year term at a rate of 3.30%, requiring annual payments of $197,800.59 at the end of each fiscal year.

    

After review, Staff recommends accepting the proposal from BOK as the most advantageous to the City. Resolution 1065 authorizes approval of a Capital Lease Agreement with BOK Financial Equipment Finance, Inc. Identification of this document as a “Lease” is really a mishomer as title to the ambulances will vest in the City. The Agreement essentially serves as financing for the ambulances subject to a lien, similar to a vehicle loan on a personal vehicle. Staff recommends that the Council approve Resolution No. 1065 and authorizes its execution.

 

Cost:                                                                $225,000 in FY 18/ (4) four annual payments of $197,800.59 subject to
                                    annual appropriations

Prepared By:                                           Ryan Lawson, Deputy Chief

Reviewed By:                                          Fire Department
                                    Finance Department
                                    Human Resources Department
                                    Assistant City Manager - Administration
                                    Legal Department

Approved By:                      Michael L. Spurgeon, City Manager

Attachments:                                          RFP 18-122 Bid Tabulation
                                    RFP 18-122 BOK Financial Proposal
                                    Financing agreement (to be presented)
                                    Resolution 1065 (to be presented)

Recommendation:

recommend

Approve Resolution 1065 and authorize its execution.

end