09-125 r
. .
Resolution No. 09-125
RESOLUTION
AUTHORIZING EXECUTION OF AGREEMENTS WITH
PROLINK SOLUTIONS FOR MAINTENANCE AND ADVERTISING
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and
directed to execute a agreements on behalf of the City of Elgin with ProLink Solutions, LLC for
maintenance and advertising,a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: May 27, 2009
Adopted: May 27, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
��4°FE<c, City of Elgin
o ,„,„,.... ,ti Mayor
Ed Schock
r
i
�, T M Council Members
(A'1TEUFED
Juan Figueroa
OPINION OF LESSEE'S COUNSEL Robert Gilliam
David J. Kaptain
F John Steffen
John Walters
Lessee: City of Elgin, Illinois City Manager
Date of Agreement: May 27, 2009 Olufemi Folarin
Gentlemen:
As counsel for City of Elgin,Illinois("Lessee"),I have examined duly executed originals of
the Municipal Lease and Option Agreement(the"Agreement")dated May 27,2009 between Lessee
and CAFCO Leasing LLC ("Lessor"), and based upon the examination and upon such other
examination as I have deemed necessary or appropriate, I am of the opinion that:
1. Lessee is a public body corporate and politic, legally existing under the laws of the
State of Illinois.
2. The Agreement has been duly authorized,executed and delivered by Lessee,pursuant
to constitutional, statutory and/or home rule provision which authorized this transaction and the
Resolution, attached as Exhibit A to the Agreement.
3. The Agreement is a legal, valid and binding obligation of Lessee, enforceable in
accordance with its terms. In the event the Lessor obtains a judgment against Lessee in money or
damages,as a result of an event of default under the Agreement,Lessee will be obligated to pay such
judgment.
4. Applicable public bidding requirements have been complied with.
5. To the best of my knowledge, no litigation is pending or threatened in any court or
other tribunal,state or federal,in any way questioning or affecting the validity of the resolution or the
Agreement.
6. The signatures of the officers of Lessee which appear on the Agreement are true and
genuine; I know said officers and know them to hold the offices set forth below their names.
Respectfully submitted,
.(77,e‘ols/° .e&/1/i
Michael R. Gehrman
Assistant Corporation Counsel
150 Dexter Court• Elgin, IL 60120-5555• Phone 847/931-6100• Fax 847/931-5610•TDD 847/931-5616
www.cityofelgin.org
:: Printed on recycled paper
•
EXHIBIT C
CERTIFICATE OF LESSEE
I, 54_he ( oy � , am a duly authorized representative and acting Secretary or Clerk of the named Lessee under that
certain Municipal Lease and Option Agreement dated A ril 44 2009 with CAFCO Leasing LLC as Lessor(the"Agreement")hereby certify as follows and
in accordance with the requirements of the Agreement. Capitalized terms used herein have the same meaning as in the Agreement:
A. INCUMBENCY OF OFFICERS AND SIGNATURES:
I have custody of the records of Lessee and the following officers of the Lessee are duly elected or appointed and hold the
office or title set forth opposite each individual's name,and the signatures opposite their names are true and correct,and where required,have been filed with
the appropriate officials of the State,and each such individual has the authority to enter into the Agreement on behalf of the Lessee:
•
Name Title/Office 'n 4%.
0 1 rt A t, \16 V` `V> U —��
�1 1,:..E LOH m N1 two P-^9°■3 11 St'2 ULAJ
B. ESSENTIAL USE:
1. The Equipment will be used by the Lessee for the following governmental purpose of:
C9-0 LS- COu
2. The Equipment is essential for the functioning of the Lessee and is immediately needed by the Lessee. Such need is neither
__aporary nor expected to diminish during the Lease Term. The Equipment is expected to be used by the Lessee for a period in excess of the Lease Term.
C. CERTIFICATE OF APPROPRIATIONS•
1. Monies for all rental payments to be made under the Lease for the fiscal year ending IXff.MQie- 31 ,20
oq are available from unexhausted and unencumbered appropriations and/or funds within Lessee's budget for such fiscal year; and that appropriations
and/or funds have been designated for the payment of those rental payments that may come due under the Agreement in such fiscal year.
D. SECTION 265(b)(3)MAI IERS:
1. Lessee (a) maintains a register or list of Exempt Government Obligations, (b)files when required Form 8038G or
Form 8038GC, and (c) therefore can certify that the total Exempt Government Obligations issued to date in the current calendar(e(, including the
Agreement,is less than$10,000,000 and hereby designates the Agreement as a Qualified Tax Exempt Obligation pursuant to Section 265(b)(3)3)of the Internal
Revenue Code of 1986,as amended.
This Certificate is based upon facts,circumstances,estimates and expectations of the Lessee as of the date on which the Agreement was
executed,and to the best of my knowledge and belief;as of this date,such facts,circumstances and estimates are true and correct and such expectations are
reasonable.
IN WITNESS WHEREOF,I have executed and delivered this certificate as of the 4 day of 20 -
Secretary/Clerk
Elgin Lease.doc
EXHIBIT D
DESCRIPTION OF THE EQUIPMENT
EQUIPMENT: 72 Pro Link GPS Golf Course Management Systems
P1079536 PI079929 P1078873 P107888 03-0431-002
P1116042 P1079925 P1079027 C2060653 03-0431-003
P1079388 P1116768 P1078933 P1078909 03-0431-004
P1080229 P1078732 P1078883 C2060601 03-0431-005
P1079916 P1078752 P1080212 P1078969
P1078738 P1079568 P1018471 P1078905
P1079566 P1116261 P0101625 P1078953
P1116065 P1079386 P0102884 P1015225
P1079957 P1079108 P1079460 P1018501
P0102799 P1079043 P1078891 P1079081
P1079962 P1078975 P01018784 P1078972
P1079552 P1078945 P1016460 P1018536
P0102500 P1078884 P1018498 P1016153
P1079579 P5505224 P1078853 P1016057
P1079558 P1078890 P1078976 C2071197
P1015867 P1079464 P1078904 P1078967
P1116259 P1079048 P1078944 03-0431-001
rf)UIPMENT LOCATION: Highlands of Elgin Golf Course
City of Elgin,Illinois
By: `
Title: GV� Sels1- k j'\A A-A O—
,mil Z
Date: ,2009
Elgin Lease.doc
EXHIBIT E
SCHEDULE OF PAYMENTS
Commencement Date
-Apr-09 I
IPmt Payment Principal Total Interest Principal Purchase
# Date Balance Payment; Portion: Portion Price
126,888.50
1 -May-09 125,087.07 2,475.00 673.57 1,801.43 129,223.47
2 -Jun-09 123,276.07 2,475.00 664.00 1,811.00 127,286.90
3 -Jul-09 121,455.46 2,475.00 654.39 1,820.61 125,342.26
4 -Aug-09 119,625.19 2,475.00 644.73 1,830.27 123,389.52
5 -Sep-09 117,785.20 2,475.00 635.01 1,839.99 121,428.64
6 -Oct-09 115,935.44 2,475.00 625.24 1,849.76 119,459.59
7 -Nov-09 114,075.86 2,475.00 615.42 1,859.58 117,482.34
8 -Dec-09 112,206.41 2,475.00 605.55 1,869.45 115,496.85
9 -Jan-10 110,327.04 2,475.00 595.63 1,879.37 113,503.09
10 -Feb-10 108,437.69 2,475.00 585.65 1,889.35 111,501.02
11 -Mar-10 106,538.31 2,475.00 575.62 1,899.38 109,490.61
12 -Apr-10 104,628.85 2,475.00 565.54 1,909.46 107,471.82
13 -May-10 102,709.25 2,475.00 555.40 1,919.60 105,444.62
14 -Jun-10 100,779.46 2,475.00 545.21 1,929.79 103,408.97
15 -Jul-10 98,839.43 2,475.00 534.97 1,940.03 101,364.84
16 -Aug-10 96,889.10 2,475.00 524.67 1,950.33 99,312.19
17 -Sep-10 94,928.42 2,475.00 514.32 1,960.68 97,250.99
18 -Oct-10 92,957.33 2,475.00 503.91 1,971.09 95,181.21
19 -Nov-10 90,975.78 2,475.00 493.45 1,981.55 93,102.80
20 -Dec-10 88,983.71 2,475.00 482.93 1,992.07 91,015.72
21 -Jan-11 86,981.07 2,475.00 472.36 2,002.64 88,919.96
22 -Feb-11 84,967.79 2,475.00 461.72 2,013.28 86,815.46
23 -Mar-11 82,943.83 2,475.00 451.04 2,023.96 84,702.19
24 -Apr-11 80,909.12 2,475.00 440.29 2,034.71 82,580.11
25 -May-11 78,863.61 2,475.00 429.49 2,045.51 80,449.20
26 -Jun-11 76,807.24 2,475.00 418.63 2,056.37 78,309.40
27 -Jul-11 74,739.96 2,475.00 407.72 2,067.28 76,160.69
28 -Aug-11 72,661.70 2,475.00 396.74 2,078.26 74,003.03
29 -Sep-11 70,572.41 2,475.00 385.71 2,089.29 71,836.37
30 -Oct-11 68,472.03 2,475.00 374.62 2,100.38 69,660.69
31 -Nov-11 66,360.50 2,475.00 363.47 2,111.53 67,475.94
32 -Dec-11 64,237.76 2,475.00 352.26 2,122.74 65,282.09
33 -Jan-12 62,103.76 2,475.00 341.00 2,134.00 63,079.10
34 -Feb-12 59,958.43 2,475.00 329.67 2,145.33 60,866.93
35 -Mar-12 57,801.71 2,475.00 318.28 2,156.72 58,645.54
36 -Apr-12 55,633.54 2,475.00 306.83 2,168.17 56,414.90
37 -May-12 53,453.85 2,475.00 295.32 2,179.68 54,174.96
38 -Jun-12 51,262.60 2,475.00 283.75 2,191.25 51,925.69
39 -Jul-12 49,059.72 2,475.00 272.12 2,202.88 49,667.05
40 -Aug-12 46,845.15 2,475.00 260.43 2,214.57 47,398.99
41 -Sep-12 44,618.82 2,475.00 248.67 2,226.33 45,121.49
42 -Oct-12 42,380.67 2,475.00 236.85 2,238.15 42,834.50
43 -Nov-12 40,130.64 2,475.00 224.97 2,250.03 40,537.97
Elgin Lease.doc
44 -Dec-12 37,868.67 2,475.00 213.03 2,261.97 38,231.88
45 -Jan-13 35,594.69 2,475.00 201.02 2,273.98 35,916.18
46 -Feb-13 33,308.64 2,475.00 188.95 2,286.05 33,590.83
47 -Mar-13 31,010.45 2,475.00 176.81 2,298.19 31,255.79
48 -Apr-13 28,700.06 2,475.00 164.61 2,310.39 28,911.02
49 -May-13 26,377.41 2,475.00 152.35 2,322.65 26,556.49
50 -Jun-13 24,042.43 2,475.00 140.02 2,334.98 24,192.14
51 -Jul-13 21,695.06 2,475.00 127.63 2,347.37 21,817.94
52 -Aug-13 19,335.22 2,475.00 115.16 2,359.84 19,433.85
53 -Sep-13 16,962.86 2,475.00 102.64 2,372.36 17,039.82
54 -Oct-13 14,577.90 2,475.00 90.04 2,384.96 14,635.82
55 -Nov-13 12,180.28 2,475.00 77.38 2,397.62 12,221.80
56 -Dec-13 9,769.94, 2,475.00 64.66 2,410.34 9,797.73
57 -Jan-14 7,346.80 2,475.00 51.86 2,423.14 7,363.55
58 -Feb-14 4,910.80 2,475.00 39.00 2,436.00 4,919.23
59 -Mar-14 2,461.87 2,475.00 26.07 2,448.93 2,464.73
60 -Apr-14 0.00 2,475.00 13.13 2,461.87 0.00
TOTALS 148,500.00 21,611.50 126,888.50
Interest Rate 6.37%
City of Elgin
BY M1WG "AAr.J
TITLE ,4.e.5 °1/4\1\-'A S<(
DATE Apra- 2` , 2009
*Purchase Price after the lease payment has been paid.
Elgin Lease.doc
EXIIIBTT F
ACCEPTANCE CERTIFICATE
To Lessor: CAFCo Leasing LLC
1120 Lincoln Street,Suite 1002
Denver,CO 80203
In accordance with the terms of the Municipal Lease and Option Agreement dated April_,2009(the"Lease")between CAFCo Leasing LLC("Lessor"),
and the undersigned("Lessee"),Lessee hereby certifies and represents to,and agrees with,Lessor as follows:
1. The Equipment, as such term is defined in the Lease, has been delivered and installed at the Equipment Location specified in Exhibit D-
Description of the Equipment to the Lease and accepted on the date indicated below.
2. Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that it
accepts the Equipment for all purposes.
3. No Event of Default,as such teen is defined in the Lease,and no event which with notice or lapse of time,or both,would become an Event of
Default,has occurred and is continuing at the date hereof.
Lessee: City of Elgin,Illinois
V
Title: I9U1.C" \ 7 Mi9144 .
Date: April ,2009
Elgin Lease doc
EXHIBIT G
INSURANCE COVERAGE REQUIREMENTS
TO: CAFCo Leasing LLC
1120 Lincoln Street,Suite 1002
Denver,CO 80203
FROM: City of Elgin,Illinois
150 Dexter Court
Elgin,Illinois 60120
•
SUBJECT: INSURANCE COVERAGE REQUIREMENTS
1. In accordance with Article VIII,Section 8.03 of the Agreement,we have instructed the insurance agent named below(please fill in name,address
and telephone number)
to issue:
a. All Risk Physical Damage Insurance on the leased equipment evidenced by a Certificate of Insurance and Long Form Loss Payable
Clause naming CAFCo Leasing LLC as loss payee.
Coverage Required: Full Replacement Value
b. Public Liability Insurance evidence by a Certificate of Insurance naming CAFCo Leasing LLC and/or its assigns as an Additional
Insured.
Minimurrt Coverage Required:
$500,000.00 per person
$500,000.00 aggregate bodily injury liability
$100,000.00 property damage liability
OR
(che one)
_ 2. Pursuant to Article VIII, Section 8.03 of the Agreement,we are self-insured for all risk,physical damage,and public liability and will
provide proof of such self-insurance in letter form together with a copy of the statute authorizing this form of insurance.
3. Proof of insurance coverage will be provided prior to the time that the equipment is delivered to us.
City of Elgin,Illinois
By: V— ' )■/1 •
Dated: rl'I ,2009
Elgin Lease.doc
•
City of Elgin
Mayor
k'+ Ed Schock
✓ff` r.' •
rr cE Council Members
Richard G.Dunne
Robert Gilliam
June 15, 2009 David J.Kaptain
John H.Riggs
F John Steffen
Mike Warren
CAFCo Leasing LLC city Manager
1120 Lincoln Street
Olufemi Folarin
Suite 1002
Denver,CO 80203
To Whom It May Concern:
Pursuant to your request,please be advised that the City of Elgin has the following limited self-
insurance program for our current policy year,October 1,2008 through September 30,2009:
Auto/General Liability/Excess Liability: City is self-insured.for the first$250,000 of any loss.
with excess insurance policies through Travelers Insurance Company which extend the coverage
limit to$17,000,000 per occurrence.
Property/Fire&Extended Coverage: City is self-insured for the first$50,000 of any loss
with excess insurance policies through Travelers Insurance Company. This coverage includes
property of others under our care,custody and control.
Workers' Compensation: City is self-insured for the first$550,000 of any loss with an excess
insurance policy through Safety National Casualty Corporation which extends coverage to the
statutory limits.
It is noted that similar coverages will be put into effect for the upcoming policy year,beginning
October 1,2009.
We trust this information provides you with the information you require.
Sincerely,
Gail A. Cohen
Purchasing Director/Risk Manager
GAC/csd
150 Dexter Court• Elgin, IL 60120-5555 • Phone 847/931-6100• Fax 847/931-5610•TDD 847/931-5616
o,; nn ns,.o. www.cityofelgin.org
1 ' n Return for Tax-Exempt Governmental Obligations
8038-G Information R OMB No.1545-0720
Form ► Under Internal Revenue Code section 149(e)
(Rev. November 2000) ► See separate Instructions.
Department of the Treasury Caution:if the issue price is under$100,000, use Form 8038-GC.
Internal Revenue Service
Part I Reporting Authority If Amended Return,check here ■
1 Issuer's name 2 Issuers employer identification number
City of Elgin,Illinois A : (MO°D,
4 Report number
3 Number and street(or P.O.box if mail is not delivered to street address) Room/suite 3
150 Dexter Court
5 City,town,or post office,state,and ZIP code 6 Date of issue
Elgin,IL 60120
8 CUSIP number
7 Name of issue
Municipal Lease and Option Agreement
9 Name and title of officer or legal representative whom the IRS may call for more information i 10 Telephone number of officer or legal representative
( )
Part II Type of Issue (check applicable box(es) and enter the issue price) See instructions and attach schedule
'11 ❑ Education 12
12 ❑ Health and hospital 12
13 ❑ Transportation 13
14 ❑ Public safety 14
15 ❑ Environment(including sewage bonds) 16
16 ❑ Housing 16
17 ❑ Utilities 17 126,888.50
18 iZ Other, Describe 11 Recreation
19 If obligations are TANS or RAN5, check box • ❑ If obligations are BANs, check box ■ 0
20 If obligations are in the form of a lease or installment sale, check box
Part III Description of Obligations. Complete for the entire issue for which this form is being filed.
Issue price (c)Stated redemption (d)Weighted (e)Yield
(a)Final maturity date (b) P price at maturity average maturity
21
$ 126,888.50 $ Na 3 years 6.37 %
Part IV Uses of Proceeds of Bond Issue (including underwriters' discount) 22
22 Proceeds used for accrued interest 23
23 Issue price of entire issue (enter amount from line 21, column (b)) 24
24 Proceeds used for bond issuance costs(including underwriters' discount) 25
25 Proceeds used for credit enhancement 26
26 Proceeds allocated to reasonably required reserve or replacement fund ,
27 Proceeds used to currently refund prior issues 27 28 Proceeds used to advance refund prior issues 28 4 29
29 Total (add lines 24 through 28)
30 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here). . 30.
Part V Description of Refunded Bonds (Complete this part only for refunding bonds.) years
31 Enter the remaining weighted average maturity of the bonds to be currently refunded . . . 1. years
32 Enter the remaining weighted average maturity of the bonds to be advance refunded . . ;
33 Enter the last date on which the refunded bonds will be called
34 Enter the date(s)the refunded bonds were issued ►
Part VI Miscellaneous
Na
35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) 3 35 5 Na
36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract(see instructions) 3�
b Enter the final maturity date of the guaranteed investment contract 1- Na
37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a
b If this issue is a loan made from the proceeds of another tax-exempt issue, check box ► ❑ and enter the name of the
issuer► and the date of the issue ►
38 If the issuer has designated the issue under section 265(b)(3)(B)(i)(Ill) (small issuer exception), check box . . ► gi
39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box ► ❑
40 If the issuer has identified a hedge, check box ► ❑
Under penalties of perjury,I declare that I have examined this return and accompanying schedules and statements,and to the best of my knowledge
and belief,they are true,correct,and complete.
He e 1� 5%27-i.2 ' h
HmA�
Signature of issuer authorized representative Date Type or print name and title
For Paperwork Reduction Act Notice, see page 2 of the Instructions. cat.No.63773S Form 8038-G (Rev.11-2000)