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HomeMy WebLinkAboutQPA Hardware Lease - AT&T Capital Services - iPads and Surfaces for Various City Departments13 16 COUNIT-Crry BUILDING 227 W. JEFFFRSON BOULENARD sou rlH 131;N[). INDIANA46601-1830 CITY OF SOUTii BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS September 11, 2018 Dick Martin AT&T Capital Services, Inc. 36 S. Fairview Avenue, Floor I Park Ridge, IL 60068 RE: QPA Hardware Lease Dear Mr. Martin: PHONF,574/235-9251 F'AX 574/ 235-9171 The Board of Public Works, at its meeting held on September 11, 2018, approved the above referenced agreement for iPads and Surfaces for various City departments in the amount of $656.22 per month for thirty-six (3,6) months, for a total of $23,623.92. Enclosed please find the original of the lease for your signature. Please sign and return the original agreement to our office and retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251, Sincerely, Linda M. Martin, Clerk Enclosure GARY A. Ciii,o'r SUZANNA M, Fizrizin.'Ro ELIZABI-Tii A. MARADIK JAMil."s A, MUELLF'R Ti il, RESEJ, DORAU I X001 wo a LTA 14 k M01 IT, irk City of South Bend 227 W Jefferson Blvd TO: Board of Public Works, Linda Martin CC: Dan O'Connor, Jennifer HockenhuIll, Michael Schmidt, Sandi Kennedy, Benjamin Dougherty FROM: Shawn IDelahanty SUBJECT: QPA Lease of iPads and Surfaces DATE: 8/29/2018 Linda and Members of the Board We are submitting for review and approval the QPA lease of 32 iPads with accessories and 8 Microsoft Surfaces, The total cost over 36 months will be $23,623.92. The iPads will be used by the below departments: • Code Enforcement (13) • VPA Custodian (1) • Sewers (6) • Streets (2) • Clerks (3) • City Council (6) • Animal Control (1) The Surfaces will be used by the below departments: • VPA (1) • Police Department (7) — Detective Bureau and Chief's Office Thank you. Shawn Delahanty 0 0 r ], m C) co L 1 (D r E =CL C1 C9 r LO LO (� f-- O) N O) Ll= C) N dt T r co N Ll.. 60- 69- 61)- f1} O'tNmLo N C'7 N Cfl U F-- Q ? 60- E13- 613 01 L.L. co Cb co co N N U N N f— C7 C� O O F-- C) Ca C) C? Q 0 OD cqooa (R m C) Ca It Cl) T co't f 1 - T (� LC) In C3 Y- , - 00 N z r N 64 rnoaUn rnLOLO� �6r-�CV {� C') Q t+ T 'c D � m 00 00 00 n J m m 0 0 o � `n Cy co 0 a) U d 0 d CO O O 0) m as Cd CV 'C CO 0mm� Qn- O O O U) U) N U 0 O 0 Q N cd vJ U C 03 E W U C E O U 0 Q m co 0 U C 0) Q r� aD U � 0 ozs � co u- ui ui m co Q� m (ZC: `:m u W O C O O O O z N E - 03 C cd Cd (A co cz ! ,a3 c cn , 0 0) 0 Ca rs �E, OQCLQ T N C0 M Ql c ca CI- E �+ C U 0)Lo E 4D -0 C N ;" mC) as " o �_ CL U OL .� Q CL 0 F-0xi t� a� a Q z A T& T Capital Services, Inc. Dick Martin Direct: 1-847-720-0631 a36 S. Fairview Avenue, Floor I E-mail rx1432@ottcom ftt Park Ridge, IL 60068-4016 August 28, 2018 The City of South Bend, Indiana 227 West Jefferson Blvd. South Bend, IN 46601 Opportunity #: 1-78093195 AT&T Capital Services, Inc. is pleased to provide a proposal for the lease of the equipment and/or services as submitted to us. The proposed lease terms are as follows: NOTE: AT&T EQUIPMENT/SERVICIES. CONTRACT IS REQUIRED BEFORE ORDER CAN BE PROCESSED. Apple iPad 32 GB - Lease Rate Payment $359.99 ea. Qty 32 Lease Term Total Cost Factor Down Payment Amount Initial Option Muni - $1 Buyout 36 $11,519.68 0.02981 $0.00 $343.40 8 qty Microsoft Surface Pro Keyboard cover Lease Term Total Cost Lease Rate Down Payment Payment Initial Option $97.50 ea. I Factor Amount Muni - $1 Buyout 36 $780.00 0.02981 $0.00 $23.25 8 qty Microsoft Surface Lease Rate Payment Dock $142.50 ea. Lease Term Total Cost Factor Down Payment Amount Initial Option Muni -$1 Buyout 36 $1,140.00 0.02981 $om $33.98 8 qty Surface tablets Lease Term Total Cost Lease Rate Down Payment Payment Initial Option $1071.75 ea Factor Amount Muni - $1 Buyout 36 $8,574.010 0,02981 $0.00 $255.59 Amount Requested: $22,013.68 Pricing presumes Qty 32 ea. Apple iPad 32 GB @ $10.73/month, 8 qty Microsoft Surface Pro keyboard Comments: @ $2.91/month, 8 city Microsoft Surface Dock@ $4.2S/month, 8 city Microsoft Surface Pro Tablet 256GB @ 31,95/month Rates quoted are for commercial leases only. Subject to execution of Mutually Acceptable Documentation. Quoted Lease Payments Exclude Any Applicable Taxes, Payments may be indexed up until lease commencement. Customer agrees to allow AT&T Capital Services, Inc. to file UCC Financing Statements. Credit Approval will be withdrawn 120 days following the date of this letter if the lease has not commenced. Approval is pending verification of corporate name and final verification of credit information, Shipping Charges are not included in Data Equipment. $250.00 processing fee for lease cancellation prior to commencement if PO is issued. Lessee's failure to execute mutually acceptable documentation relative to this lease within ninety (90) days of the lessee's first functional use of the system will result in this lease converting to cash. For quoted maintenance — lease term and payment amount are subject to change after install is completed. ** End of Lease Options $1 Purchase Option Customer purchases the equipment for $1 at the end of the lease term. Thank you for this leasing opportunity. I am looking forward to working with you. Sincer0y, 22zi,c Afi-1 i -tfil AGREED TO AND ACCEPTED BY: Inside Sales Manager The City of South Bend, Indiana Name: Title/Date Ailf"RunD . .... 1 of 1?41101k� Wol-yj�4 SFP AT&T Capital Services, Inc. 36 S. Fairyiny Ave, aW Park Ridge, IL 6068-4016 Office: 8001323-7312 Fax. 947/326-0573 Lessee M AT&T Muni Mobility C) Financing Agreement Number: 0011-2340900-004 Dated. August 28, 2018 Customwftmkgonama THE CITY OF SOUTH BEND, INDIANA T ellephone number r Id Number lRequiredl (574) 245-6205 1—za—"�mployer Contad Name ENIftillAddress SHAWN DELAHANTY sdcIahan@suuthbcndin,g Headquarter Addren CRY state zip county 227 WEST JEFFERSON BLVD. SOUTH BEND IN Location, it diftrent from above city We state 71N 1466011 zip County 227 WESTJEfFERSON BLVD, SOUTH BEND 4 46601 Eqttipment Detail Squilpam"t Descriptilan Mobility- Apple Wads 32 68, Microsoft Surface Pro, keyboard covers. Microsoft Surface Docks & Microsoft Surface Pro Tablets 256C3B EquIpmentSuppFlemr AT&T Mobility Corporation aicneguie or Kentai i-ayments Purchase option One Dollar Down Payment fit applicable]* Term (in months) Total number at payments. 36 in Arrears 1 36 *Payable to AT&T Capited ScrOces, Inc. and due upon execution of this Agreement. Payment frequency: atW&22 Monthly I Remaining at $_(plus applicable taxes] Acknowledgement Accepted By Customer hefeby oertft that helshe has read and agrees to alI of the terms and THIS AGREEMENT IS NOT BINDING UNTIL AQCEPTED BY LENDER. conditions set forth on pages 11.3 of thIs AT&T Wbility Financing %reement, CustomerNameTHE CITY OF SOUTH BEND, INDIANA Lender Name DBA, APPAQVID AT&T CAPITAL SERVICES, INC. fterd of PaNjo Name and Title (,please print) Name and'TiM (please print) Signature Signature roam. Rev, 2-16-2,017 Page, I of 3 Terms and Conditions 1. AGREEMENT - ;Subject to the terms and conditions of this AT&T Muni Mobility Financing Agreement (the "Agreement"), Customer agrees to finance from Lender the equipment (the "Equipmenr) described on page 1 of this Agreement. The Agreement shall commence on the date the Equipment is delivered to the customer (°Commencement Date') and shall continue for the number of months specified in the Agreement ("Term"). Customer's failure to execute this Agreement within ninety (90) days of the delivery of the Equipment will result in this Agreement converting to a cash sale, with payment due and payable immediately. 2. PAYMENTS - During the Term of the Agreement, Customer agrees to pay Lender the total number of payments multiplied by the amount of each payment (plus taxes) specified on page 1 of the Agreement. The due date of the first payment is the date upon which the Equipment Is delivered to Customer or any later date designated by Lender, Restrictive endorsements on checks sent to Lender will not reduce Customer's obligations to Lender. The payment amount specified is Indexed to Ilke-term US Treasury Bills, and any increase or decrease in the corresponding US Treasury Bills will cause the payment to be adjusted point for point at the time of the Commencement Date. The payments do not include any additional interest expense for progress payments which are required by Lender on all transactions with installations exceeding 60 days. Progress payments will be financed through Lender at Prime Rate plus 2% at time of funding. 3. NON -CANCELABLE AGREEMENT - Customer's obligation to make payments and to pay any other amounts due hereunder shall be ABSOLUTE AND UNCONDITIONAL and shall not be subject to any delay, cancellation, termination, reduction, set-off, defense, counterclaim or recoupment for any reason whatsoever, This Is an irrevocable Agreement for the full Term and cannot be cancelled, other than for Non -Appropriation, as hereinafter defined. 4. NON -APPROPRIATION: This Section is applicable only if the inclusion of such a non -appropriation provision is legally required. Customer's obligations to pay Payments and any other amounts due for each fiscal period is contingent upon approval of the appropriation of funds by its governing body. In the event funds are not appropriated for any fiscal period equal to amounts due under the Agreement, Customer may terminate the Agreement effective on the first day of such fiscal period ("Termination Date"), if. (a) Customer has used due diligence to exhaust all funds legally available; and (b) Lender has received written notice from Customer at least thirty (30) days before the Termination Date. Upon the occurrence of such non -appropriation. Customer shall not be obligated for Payments for any fiscal period for which funds have not been so appropriated, and Customer shall deliver the Equipment to Lender on the Termination Date, packed for shipment in accordance with the manufacturer's specifications, freight prepaid and Insured to any location in the continental United States designated by Lender. it Customer terminates an Agreement pursuant to this Section, unless the following would affect the validity of a Agreement, Customerwill not purchase, lease, rent, seek appropriations for, or otherwise obtain equipment serving the same function as the Equipment for the fiscal period in which such termination occurs or the next succeeding fiscal period and such an obligation wilt survive termination of this Agreement. 5. DELIVERY AND ACCEPTANCE - Customer understands that Lender Is not responsible for delivery of Equipment Customer holds Lender harmless from specific performance of this Agreement and from any damages if for any reason the manufacturer, supplier, vendor ordistdbutor (collectively referred to in this Agreement as 'vendor") delays in delivery, or if the Equipment is unsatisfactory. S. WARRANTY DISCLAIMER - CUSTOMER AGREES THAT IT HAS SELECTED THE VENDOR AND PRODUCT BASED UPON ITS OWN JUDGEMENT AND DISCLAIMS ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BY LENDER. LENDER MAKES NO WARRANTY WITH RESPECT TO THE PRODUCT, EXPRESS OR IMPLIED, AND LENDER SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE PRODUCT. WARRANTIES MADE BY THE VENDOR TO THE LENDER SHALL INURE TO THE BENEFIT OF THE CUSTOMER, TO THE EXTENT ASSIGNABLE. IF THE EQUIPMENT DOES NOT OPERATE AS REPRESENTED, WARRANTED OR GUARANTEED BY VENDOR, OR ARE UNSATISFACTORY FOR ANY REASON, CUSTOMER SHALL MAKE ITS CLAIM AND ANY COMPLAINT THEREFOR AGAINST VENDOR, AND NOT AGAINST LENDER AND SHALL CONTINUE TO MAKE ALL PAYMENTS REQUIRED HEREUNDER. CUSTOMER ACKNOWLEDGES THAT VENDOR IS NOT AN AGENT OF LENDER AND STATEMENTS OR REPRESENTATIONS OF THE VENDOR SHALL NOT SIND OR AFFECT LENDER, AND SHALL NOT AFFECT THE CUSTOMER'S OBLIGATIONS UNDER THIS AGREEMENT. 7. NO AGENCY - Customer acknowledges that (1) there is no agency or joint venture between Lender and the Vendor; (2) neither the Vendor nor any other person is authorized to act on Lender's behalf, and (3) ONLY AN INDIVIDUAL AUTHORIZED BY LENDER IS PERMITTED TO WAIVE OR ALTER ANYTERM OR CONDITION OF THIS AGREEMENT. 8. ASSIGNMENT - LENDER MAY ASSIGN ITS INTEREST 1N THIS AGREEMENT WITHOUT CUSTOMER'S CONSENT. CUSTOMERAGREES THAT IN ANY ACTION BROUGHT BY AN ASSIGNEE AGAINST CUSTOMER TO ENFORCE LENDER'S RIGHTS HEREUNDER, CUSTOMER WILL NOT ASSERT AGAINST SUCH ASSIGNEE, AND EXPRESSLY WAIVES AS AGAINST ANY ASSIGNEE, ANY BREACH OR DEFAULT ON THE PART OF LENDER HEREUNDER OR ANY OTHER DEFENSE, CLAIM OR SET-OFF WHICH CUSTOMER MAY HAVE AGAINST LENDER EITHER HEREUNDER OR OTHERWISE, NO SUCH ASSIGNEE SHALL BE OBLIGATED TO PERFORM ANY OBLIGATION, TERM OR CONDITION REQUIRED TO BE PERFORMED BY LENDER HEREUNDER. B. QUIET ENJOYMENT - Provided that no Event of Default (as defined in Section 12 herein) has occurred or is continuing hereunder, Lender shall not Interfere with Customer's right of quiet enjoyment and use of the Equipment, 10. TAXES AND FEES - Customershall pay when due and shall indemnity Lender for, and hold Lender harmless from and against all federal, state, and local filing fees, assessments, taxes including without limitation, sales, lease, use, excise and personal property taxes (excluding only taxes payable with respect to Lender's net income) which may be imposed on the tender arising in any way out of the use or leasing of the Equipment. Such amounts shall be considered additional rent and shall be payable by Customer upon demand by Lender. The obligations under this section shall survive the expiration or termination of this Agreement. 11. INDEMNITY - Customer hereby indemnifies Lender and holds Lender harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attomey's fees, arising out of or connected with the Equipment or the use thereof, including without limiting the generality of the foregoing, its manufacture, selection, delivery, possession, use, leasing, fitness operation, return, or latent or other defects, whether or not discoverable, or arising out of any failure by Customer to perform or comply with any of the terms and conditions of this Agreement. The indemnities contained herein shall continue in full force and effect notwithstanding the termination of this Agreement, whether by expiration of time, by operation of law, or otherwlsw 12. DEFAULT AND REMEDIES - If Customer (a) does not pay rent within ten (10) days after the same becomes due, (b) breaches any of its representations, warranties or other obligations under the Agreement, (o) is In default under any other agreement between Customer and Lender (0) becomes insolvent or assigns its assets for the benefit of its creditors, or (e) enters (voluntarily or Involuntariiy) a bankruptcy proceeding ("!"vent(*) of Default"), Customer will be in default, Upon the occurrence of an Event of Default, Lender may require that Customer pay the remaining balance of all of the rental payments due under this Agreement, present valued using a 3% per year discount rate. Customer also represents to Lender that interest on all sums due Lender from the date of default until paid will be at the rate of one and one-half percent (1-112%) per month, but only to the extent permitted by law. In addition, Lender shall be entitled to recover from Customer any of the remedies available under the Uniform Commercial Code ("UCC") or any other law. It Lender refers this Agreement to an attorney or collection agency for enforcement or collection, Customer agrees to pay the cost of recovery inctuding, but not limited to, legal fees and expenses. Customer Initials Page 2 of 3 Form, Rev, 2-1 G-2017 13. OTHER RIGHTS - Customer agrees that any delay or failure to enforce Lenders rights under this Agreement does not prevent Lender from enforcing any rights at a later time. Customer and Lender intend this Agreement to be a valid and legal document, and agree that if any part is determined to be unenforceable, all other parts will remain in full force and effect. 14. ENTIRE AGREEMENT; CHANGES This Agreement contains the entire agreement between Customer and Lender and supersedes all previous discussions and the terns and conditions of any purchase orders issued to and/or by Customer and It may not be altered, amended, modified, terminated or otherwise changed except in writing and signed by Customer and Lender. The descriptive headings hereof do not constitute a part of the Agreement and no inferences shall be drawn there from. Whenever the context of the Agreement requires, the masculine gender includes the feminine or neuter, and the singular number includes the plural, and whenever the word Lender Is used herein, it shall include all assignees of Lender. If there is more than one Customer reamed in the Agreement, the liability of each shall be joint and several, 16. NOTICES - All of Customer's notices to Lender must be sent by certified mail or recognized overnight delivery service, postage prepaid, to Lender's address stated in this Agreement, or by facsimile transmission to our facsimile telephone number, with oral confirmation of receipt.. Lender's notices to Customer may be sent first class mail„ postage prepaid, to Customers address stated In this Agreement. 16. MISCELLANEOUS - Customer and Lender intend and agree that a photocopy or facsimile of this Agreement and all related documents, with their signatures thereon shall be treated as originals, and shall be deemed to be as binding, valid„ genuine and authentic as an original signature document for all purposes. This Agreement is a "Finance Agreement" as defined in Article 2A of the UCC. 17. JURISDICTION - This Agreement shall be governed by the raves of the state in which the Customer Is located. 18. CUSTOMER REPRESENTATIONS - Customer represents and warrants that (i) It has complete and unrestricted pourer to enter Into this Agreement, (H) the persons executing this Agreement have been duly authorized to execute this Agreement on Customer's behalf, (iiii) all Information supplied to Lender is true and correct, including all credit and financial Infonnation and (Iv) it is able to meet ail its financial obligations, Including the rent payments hereunder, THE LOGO APPEARING ON THIS DOCUMENT IS A FEDERALLY REGISTERED TRADEMARK AND MAY NOT BE USED IN ANY WAY NOR MAY THIS DOCUMENT BE ALTERED OR MANIPULATED WITHOUT THE PRIOR EKPRESS WRITTEN CONSENT OF AT&T CAPITAL Sr=RVIC'ES, INC. CUSTOMER IIAYTRANSFER THiS DOCUMENT FROM ELECTRONIC FORMAT TOA TANGIBLE ONE BY PRINTING ITIN ITS UNALTERED STATE. Customer initials -,-IAO With respect to that oertaln AT&T Muni Mobility Financing Agreement (the "Agreement') dated by and between AT&T Capital Services, Inc, and the Customer, I am of the opinion that, (1) the Customer is, within the meaning of Section 103 of the Ilntemal Revenue Code of 1986, as amended, a State or a fully constituted political subd"ivision or agency of the State of the Equipment location described herein; (ii) the execution, deliverer and performance by the Customer of the Agreement have been duly authorized by ail necessary action on the part of the Customer and, (III) the Agreement constitutes a iegal, valid and binding obligation of the Customer enforceable in accordance with its terms. Attorney for Customer Page 3 of 3 Porn. Rev. 2-1b-,2017 Form 8038-GC Information Return for Small Tax -Exempt Governmental Bond Issues, Leases, and Installment Sales (Rev. January th0-Under Internal Revenue Code section 149(e) OMB No. 1545-0120 Department of thee Treasury T Internal Revenue Service Caution.- If the issue price of the issue fs $100, 000 or more, use Form $038-G. Reporting Aulhority Check box if Amended Return 0- 1 Issuer's name 12 Issuer's employer iderrtifioatian number PIN and street box if mail is 4 City, town, or post office, state, and Z{P oode 6 Report number (For IRS Use Only) SOUTH SEND, IN 46601 1 n n n employee of issuer or person whom the IRS may call for mare Information 17 Telephone number of offiear or Description of Obligations (;neck one: a single issue Cj or a consolidates! return ❑ , Ba Issue price of obligalion(s) (see instructions) . . . . . . . . . . . . . . . . , 8a b Issue date (single issue) or calendar date (consolidated). Enter date in mm/ddlyyyy format (for example, 01/01/2009) (see instructions) Do- 9 Amount of the reported obligation(s) on line $a that Is: a For leases for vehicles . . . . . . . . . . . . . . . . . . , , . gal b For leases for office equipment . . . . . . . . . . . . . . . . . . . . . 9b c For leases for real property . . . . . . . . . . . . . . . . . 9c d For leases For other (see instructions) . . . . . . . . . . . . . . . . . . . . . 9d e For bank loans for vehicles . . . . . . . . . . . . . . . . ge f For bank loans for office equipment . . . . . . . . . . . . . . . . . . . . 9f g For bank loans for real property. . . . . . . , . . . . . . . 9g h For bank loans for other (see instructions) . . . . . . . . . . . . . . 9h i Used to refund prior issue(s) . . . . . . . . . . . . . . . . . . . . . . . 91 ) Representing a loan from the proceeds of another tax-exempt obligation (for example, bond bank) . . 9i kOther . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9k 10 If the Issuer has designated any Issue under section 265(b)(3)(B)(i)([II) (small issuer exception), check this box . . . . ► ❑ 11 If the Issuer has elected to pay a penalty in lieu of arbitrage rebate, check this box (see Instructions) . . . ► [] 12 Vendor's or bank's name: 13 Vendor's or bank's employer identification number: Under perraWes of periury, I declare that I have examined [his return and accompanying schedules and statements, and to the best of my knowledge and belief, they are Signature true, correct, and complete. I fvrlher declare that I consent to the IRS's disclosure of the issuer's return Into mallorr, as necessary to process this return, to the person(s) that I have authorized above, and Consent - Signature of Issuer's authorized representative hate Type or print name and title Paid Printlrype preparer's Warne Preparer's signature 6ata Check Gf i1 PTIIJ Preparer self-employed Use Only Firm's name ■ Firm's Fire r Firm'saddress F Phone no. General instructions Section references are to the Jntemal Revenue Code unless otherwise noted. What's New The IRS has created a page on IRS.gov for information about the Form 8038 series and its Instructions, at www.trs.gov1form8038. Information about any future developments affecting the Form 8038 series (such as legislation enacted after we release lt) will be posted on that page. Purpose of Form Form 8038-GO is used by the issuers of tax-- exempt governmental obligations to provide the IRS with the information required by section 149(e) ,and to monitor the requirements of sections 141 through 150. Who Must File Issuers of tax-exempt governmental obligations with issue prices of less than $100,000 must file Form 8038-GC. issuers of a tax-exempt governmental obligation with an issue price of $100,000 or more must file Form 8038-G, Information Return for Tax -Exempt Governmental Obligations. Filing a separate return for a single issue. Issuers have the option to fie a separate Form 8038-GC for any tax-exempt governmental obligation with an Issue price of less than $100,000, An issuer of a tax-exempt bond used to finan a Construction expenditures must file a separate Form 8038-GO for each issue to give notice to the IRS that an election was made 10 pay a penalty In lieu of arbitrage rebate (see the line 11 instructions). Filing a consolidated return for multiple issues. For all tax-exempt governmental obligations wHh issue prices of less than $100,000 that are not reported on a separate Form 8038430, an Issuer must file a consolidated information return including all such issues issued within the calendar year. Thus, an issuer may file a separate Form 8038-GC for each of a number of small issues and report the remainder of small issues. issued during the calendar year on one consolidated Form 80$8430. However. if the Issue is a construction issue, a separate Form 8038-GC must be filed to give the IRS notice of the election to pay a penalty in lieu of arbitrage rebate, Cat. No.641089 Form 8W8-GC (Rev.'s-2012) Form 8038-OG (Rev. 1-2012) When To File To file a separate return for a single issue, fife Form 8038-GC on or before the 15th day of the second calendar month after the close of the calendar quarter in which the Issue Is issued. To file a consolidated return for multiple issues, fiie Form 8D38-GC on or before February i 5th of the calendar year following the year In which the issue is issued. Late Tiling. An issuer may be granted an extension of time to file Form 8038-GC under section 3 of Rev. Proc. 200248, 2002.37 I.R.B. 531. if it is determined that the failure to fife on time is not due to willful neglect. Type or print at the top of the form, "Request for Relief under section 3 of Rev. Proc. 2002-48." Attach to the Form 6038-GG a letter briefly stating why the form was not submitted to the IRS on time. Also indicate whether the obligation in question is under examination by the IRS. Do not submit copies of any bond documents, leases, or installment sale documents. See Where To File next. Where To File File Form 8D38-GC, and any attachments, with the Department of the Treasury, internal Revenue Service Center, Ogden, UT 84201. Private delivery services. You can use certain private delivery services designated by the IRS to meet the "timely maiflng as timely, filing/paying" rule for tax returns and payments. These private delivery services Include only the following; • ❑HL Express (DHQ: DHL Same Day Service. • Federal Express (FedEx): FedEx Priority Overnight, FedEx Standard Overnight, FedEx 2Day, FedEx international Priority, and FedEx International First. • United Parcel Service (UPS); UPS Next Day Alr, UPS Next Day Air Saver, UPS 2nd Day Air, UPS 2nd Day AirA.M„ UPS Worldwide Express Plus, and UPS Worldwide Express. The private delivery service can tell you how to get written proof of the mailing date. Ether Forms That May Be Required For rebating arbitrage (or paying a penalty in lieu of arbitrage rebate) to the Federal Government, use Form 8038-T, Arbitrage Rebate, Yield Reduction and Penalty in Lieu of Arbitrage Rebate. For private activity bonds, use Form 8030, Information Return for Tax -Exempt Private Activity Bond Issues. For a tax-exempt governmental obligation with an Issue price of $100,000 or more, use Form 8MB-13, Rounding to Whole dollars You may show the money items on this return as whole-doffar amounts. To do so, drop any amount less than 50 cents and Increase any amount from 50 to 99 cents to the next higher dollar. Definitions obligations, lbls refers to a s€ngie tax- exempt governmental obligation if Form 8038-GC is used for separate reporting or to multiple tax-exempt governmental obligations if the form is used for consolidated reporting. Tax-exempt obligation. This is any obligation including a bond, installment purchase agreement, or financial lease, an which the interest is excluded from income under section 103. Tax-exempt governmental obligation. A tax-exempt obligation that Is not a private activity bond (see below) is a tax-exempt governmental obligation, This includes a bond issued by a qualified volunteer fire department under section 150(e), Private activity bond. This includes an obligation issued as part of an issue in which: * More than 101% of the proceeds are to be used for any private activity business use, and • More than 10% of the payment of principal or interest of the issue Is either (a) secured by an interest in property to be used for a private business use (or payments for such property) or (b) to be derived from payments for property (or borrowed money) used for a private business use. It a)so includes a bond, the proceeds of which (a) are to be used to make or finance loans (other than loans described In section 141(c)(2)) to persons other than governmental units and (b) exceeds the lesser of 5% of the proceeds or$5 million - Issue. Generally, obligations are treated as part of the same Issue only if they are Issued by the same Issuer, on the same date, and as part of a single transaction, or a series of related transactions. However, obligations Issued during the same calendar year (a) under a loan agreement under which amounts are to be advanced pariodloally (a "draw - down loan") or (b) with a term not exceeding 270 days, may be treated as part of the same issue if the obligations are equally and ratably secured under a single indenture or loan agreement and are issued under a common financing arrangement (for example, 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 if ail of the amounts to be advanced under the draw -down loan are reasonably expected to be advanced within 3 years of the date of issue of the first obligation. Likewise, obligations (other than private activity bonds) Issued under a single agreement that is in the form of a tease or installment sale may be treated as part of the same issue 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 first obligation. 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 yielding nonpurpose Investments. See section 148(f). Construction issue. This is an issue of tax- exempt bonds that meets both of the following conditions: Pape 2 1. At least 75% of the available construction proceeds of the Issue are to be used for construction expenditures with respect to property to be owned by a governmental unit or a 601(c)(3) organization, and 2. All of the bonds that are part of the issue are qualified 501(c)(3) bonds, bonds that are not private activity bonds, or private activity bonds issued to finance property to be owned by a governmental unit or a 501(cX3) organization. In lieu of rebating any arbitrage that may be owed to the United States, the Issuer of a construction issue may maize an Irrevocable election to pay a penalty. The penalty is equal to 1-1/2%a of the amount of construction proceeds that do not meet certain spending requirements. Sao section 148(f)(4)(C) and the Instructions for Form 8038 T. Specific Instructions In general, a Form 8038-GC must be completed on the basis of available fnformation and reasonable expectations as of the date of issue. However, forms that are filed on a consolidated basis may be completed on the basis of Information readily available to the issuer at the close of the calendar year to which the form relates, supplemented by estimates made in good faith. Part i-Reporting Authority Amended return. An issuer may file an amended return to change or add to the information reported on a previously filed return for the same date of issue. If you are fllfng to correct errors or change a previously filed return, check the "Amended Reium" box in the heading of the form. The amended return must provide all the information reported on the original return, in addition to the new corrected information. Attach an explanation of the reason for the amended return and write across the top "Amended Return Explanation." Line 1. The issuer's name is the name of the entity issuing the obligations, not the name of the entity receiving the benefit of the financing. In 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 (FAIN) should apply for one on Form SS-4, Application for Employer Identification Number. You can get this form on the IRS websfte at IRS.gov or by calling 1-800 TAX -FORM (1-800-829-3676). You may receive an El by telephone by following the instruct -sons for Form SS-4. Unes 3 and 4. Enter the issuer's address or the address of the designated contact person listed on line 6. If the issuer wishes to use its own address and the issuer receives its mail in ogre of a third party authorized representative (such as an accountant or attorney), enter on the street address line "C/O" followed by the third party's name and street address or P.O. box. Include the suite, room, or other unit number after the street address. it the post office does not deliver mail 10 the street address and the issuer has a P.O, box, show the box number instead of the Form 803E-GC (Rev.1-2at2) Page 3 street address. If a change in address occurs after the return Is filed, use Form 8622, Change of Address, to notify the IRS of the new address. Note. The address entered on lines 3 and 4 is the address the IRS will use for all written communications regarding the processing of this retum, Including any notices, By authorizing a person other than an authorized officer or other employee of the Issuer to communicate with the IRS and whom the IRS may contact about this return, the issuer authorizes the IRS to communicate directly with the individual listed on line 6, whose address is entered on lines 3 and 4 and consents to disclose the issuer's return information to that Individual, as necessary, to process this return. Line 5. This line is for IRS use only. Do not matte any entries in this box. Part II —Description of Obligations Check the appropriate box designating this as a return an a single issue basis or a consolidated return basis. Line Sae The issue price of obligations is generally determined under Regulations section 1.148-1(b). Thus, when issued for cash, the issue price is the price at which a substantial amount of the obligations are sold to the public. To determine the issue price of an obligation Issued for property, see sections 1273 and 1274 and the related regulations. Line Ob. For a single issue, enter the date of issue (for example, 03/15/2010 for a single issue issued on March 15, 2010), generally the data on which the issuer physically exchanges the bonds that are part of the issue for the underwriter's (or other purchaser's) funds; for a lease or installment sale, enter the date interest starts to accrue. For issues reported an a consolidated basis, enter the first day of the calendar year during which the obligations were issued (for example, for calendar year 2010, enter 01/w/2010). Lines 9a through 911. Complete this section if property other than cash Is exchanged for the obligation, for example, acquiring a police car, afire truck, or telephone equipment through a series of monthly payments. (This type of obligation is sometimes referred to as a "municipal lease.") Also complete This section If real property Is directly acquired in exchange for an obligation to make periodic payments of interest and p6noipal. Do not complete lines 9a through 9d if the proceeds of an obligation are received In the form of cash even If the term 'lease" is used in the titre of the issue. For lines 9a through 9d, enter the amount on the appropriate line that represents a lease or installment purchase. For line 9d, enter the type of item that is leased. For lines ge through gh, enter the amount on the appropriate line that represents a bank loan, For line 9h, enter the type of bank loan. Lines 9i and 9j. For line 91, enter the amount of the proceeds that will be used to pay principal, interest, or call premium on any other Issue of bonds, including Proceeds that will be used to fund an escrow account for this purpose. Several lines may apply to a particular obligation. For example, report on Ines 9i and 9j obligations used to refund prior issues which represent loans from the proceeds of another tax-exempt obligation. Line 9k. Enter on line 9k the amount on line 80 that does not represent an obligation described on lines 8a through 91. Lure 10, Check this box if the issuer has designated any issue as a "small issuer exception" under section Line 11. Check this box if the issue is a construction issue and an irrevocable election to pay a penalty in lieu of arbitrage rebate has been made on or before the data the bonds were issued. The penalty is Payable with a Form 8038-T for each 6-month period after the date the bonds are issued. Do not make any payment of penalty in lieu of rebate with Form 8038-GC, See Rev. Proc. 92-22, 1992-1 C.B. 736, for rules regarding the "election document." Line 12. Enter the name of the vendor or bank who is a party to the installment purchase agreement, loan, or financial lease. If there are multiple vendors or banks, the issuer should attach a schedule. tine 13. Enter the employer identification number of the vendor or bank who Is a party to the installment purchase agreement, loan, or financial lease. If there are multiple vendors or banks, the Issuer should attach a schedule. Signature and Consent An authorized representative of the Issuer must sign Form 8038-GC and any applicable certification. Also print the name and title of the person signing Form 8038-GC. The authorized representative of the Issuer signing this form must have the authority to consent to the disclosure of the issuer's return information, as necessary to process this return, to the person(s) that has been designated in this form. Note. If the issuer authorizes in line 6 the IRS to communicate with a person other than an officer or other employee of the Issuer, (such authorization shall include contact both in writing regardless of the address entered In lines 3 and 4, and by telephone) by signing this form, the issuer's authorized representative consents to the disclosure of the issuer's return information, as necessary to process this return, to such person. Paid Preparer If an authorized representative of the issuer filled in its retum, the paid preparer's space should remain blank. Anyone who prepares the return but does not charge the organization should not sign the return. Certain others who prepare the return should not sign. For example, a regular, full-time employee of the issuer, such as a clerk, secretary, etc., should not sign. Generally, anyone who Is paid to prepare a ratum must sign It and fill in the other blanks In the Paid Preparer Use Only area of the return. Apaid preparer cannot use a social security number in the Paid Preparar Use Only box, The paid preparer must use a preparer tax Identif€cation number (PTIN), If the paid Preparer is self-employed, the preparer should enter his or her address In the box_ The paid preparer must: • Sign the return In the space provided for the preparer's signature, and • Give a copy of the return to the issuer. Paperwork Reduction Act Notice We ask for the information on this form to carry out the internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with these laws. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or Its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return Information are confidential, as required by section 6103. The time needed to complete and file this form will vary depending on individual circumstonoes. The estimated average time is: Learning sbord the law or the form . . . . 4 hr„ 46 min. Preparing the form _ _ . . 2 hr., 22 min. Copying, assembling, and sending the farm to the IRS . 2 hr., 34 min. If you have comments concerning the accuracy of these time estimates or suggestions for making this fort simpler, we would be happy to hear from you. You can write to the Internal Revenue Service, Tax Products Coordlnating Committee, SE:W:CAR:Mi :T:M:S,1111 Constitution Ave. NW, IR-0526, Washington, DC 20224. Do not send the form to this address. Instead, see Where To File. BOARD OF PUBLIC 'WORKS AGENDA ITEM REVIEW REQUEST FORM Date 8/29/2018 Name Shawn Delahanty Department Innovation & Tech Legal Attorney Name Kennedy Controller review is required for all Contracts $5,000.00 or more Controller ® and greater than one year in length per the City Purchasing Policy r a . 11$ 11,34 nec zc omissions ❑ Agreement ❑ Contract ❑ Proposal ❑ Addendum El Professional Services ❑ Amendment ❑ Bid Opening ❑ Bid Award ❑] Req. to Advertise F1 Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Chg Order No. ❑ C/O & PCA No. ❑ PCA Ease./Encroach. ❑ Traffic Control ❑ Resolution Other: Hardware Lease I —I Claim Company or Vendor Name Pik M "NAMI MBENVBE Contractor Project Name Project dumber Funding Source Account No. Amount Terms of Contract AT&T Mobil ❑ Yes F-1 No If Yes, Approved by Purchasing El ❑ MBE Completed E-Verlify Form Attached ElNo Mobile Tablet Lease IT Lease Account 279-0672-415-37-11 (principal) and 37-12 (interest) $656.22 per month for 36 months ($23,623.92 total) 36 months Purpose/IDescription 32 i ads for Streets Sewers VPA Clerk Council Animal Control; Surfaces for VPA and Police For Change Orders Only Amount of ❑ ,. increase $ ❑ Decrease $ Previous Amount Current Percent of Change New Amount Total Percent of Change: Time Extension: Dispersal After Approval Copy Original ® ❑ Shawn Delahainty ❑ ❑