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HomeMy WebLinkAboutAgenda 05-21-24; 8-d - Approval of Chromebook Lease Purchase Agreement for Orange County Schools 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 21, 2024 Action Agenda Item No. 8-d SUBJECT: Approval of Chromebook Lease Purchase Agreement for Orange County Schools DEPARTMENT: County Manager, Orange County Schools ATTACHMENT(S): INFORMATION CONTACT: Resolution to Approve Lease Purchase Agreement Kirk Vaughn, (919) 245-2153 Ryan Miller, 919-732-8126 ext. 12603 PURPOSE: To adopt a resolution approving the Orange County Schools District lease agreement to purchase Chromebooks. BACKGROUND: Since 2012, the Orange County Schools (OCS) District has provided Chromebooks to students. At this point, the 6,800 Chromebooks are due for replacement for students in grades 3rd through 12t". The district is intending to enter a four-year lease purchase agreement starting in FY 2025 to replace these Chromebooks. This cost for this agreement will be $3,394,385.48 over four years, with an annual payment of $848,595.87. The upcoming FY 2024-34 Capital Investment Plan (CIP) estimates that OCS will receive $1,240,360 in FY 2025 in Article 46 funds for technology investments, and $5,267,145 through the lease purchase period. The exact amount of funding the district receives will be subject to change each year due to changes in Article 46 sales tax performance, and changes in the average daily membership (ADM) excluding Charter Student formula for allocation between the two districts. Per North Carolina General Statute 115C-441, for districts to engage in multi-year capital outlay agreements, they must first seek a resolution from the Board of County Commissioners. The attached resolution would bind the Board of Commissioners to appropriate sufficient funds to meet the amount of the contract. At its April 22, 2024 meeting, the OCS Board of Education approved the lease purchase agreement with American Capital, pending approval of the BOCC's resolution. FINANCIAL IMPACT: Funds will be appropriated through the district's capital budget and will be reflected in the FY 2024-34 Capital Investment Plan. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is associated with this item: • ENSURE ECONOMIC SELF-SUFFICIENCY The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. 2 ENVIRONMENTAL IMPACT: There are no Orange County Environmental Responsibility Goal impacts associated with this item. RECOMMENDATION(S): The Manager recommends that the Board adopt and authorize the Chair to sign the resolution binding the County to appropriate sufficient funds to allow the Orange County Schools District to enter into a lease purchase agreement for Chromebooks. 3 RES-2024-030 RESOLUTION ORANGE COUNTY BOARD OF COMMISSIONERS ORANGE COUNTY, NORTH CAROLINA WHEREAS, the Orange County Board of Education wishes to enter into a continuing contract for capital outlay under N.C. Gen. Stat. § 115C-528 with CDWG and its assignee American Capital Financial Services, Inc., for the purchase and financing of certain computer hardware, software, and related equipment to be used for public school purposes; and WHEREAS, the contract will require the Orange County Board of Education to pay American Capital Financial Services, Inc., a total of three million, three hundred ninety-four thousand, three hundred eighty-five dollars and forty-eight cents ($3,394,385.48) over the 2024, 2025, 2026, and 2027 fiscal years, as reflected in more detail on the attached Schedule and subject to certain credits that the Board of Education may receive from American Capital Financial Services, Inc.; and WHEREAS, the contract may be a continuing contract for capital outlay subject to the provisions of N.C. Gen. Stat. §§ 115C-441(c1) and 115C-528, including the approval of the Orange County Board of Commissioners. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Orange County Board of Commissioners agrees to appropriate sufficient funds to the Orange County Board of Education in ensuing fiscal years to meet the contract obligations with American Capital Financial Services, Inc., or CDWG's assignee, so long as the total amount appropriated by the Orange County Board of Commissioners for this purpose shall not exceed three million, three hundred ninety-four thousand, three hundred eighty-five dollars and forty-eight cents ($3,394,385.48). Said funds shall be a part of, and not in addition to, regular appropriations made to the Orange County Board of Education. Said funds obligated by this contract for fiscal years 2024, 2025, 2026, and 2027 shall be budgeted by the Orange County Board of Education for this, and no other, purpose and shall reflect any credits that the Board of Education may receive from American Capital Financial Services, Inc. The Orange County Board of Commissioners shall not be obligated to increase its annual appropriation to the Orange County Board of Education by the amount due under this contract. Resolved, this day of 2024 by the Orange County Board of Commissioners. Jamezetta Bedford, Chair 4 EXHIBIT 1 Property Description and Payment Schedule Re: Property Schedule No. 1 to Master Tax-Exempt Lease/Purchase Agreement between American Capital Financial Services, Inc. and Orange County Board of Education. THE PROPERTY IS AS FOLLOWS: The Property as more fully described in Exhibit A incorporated herein by reference and attached hereto. It includes all replacements, parts, repairs, additions, accessions and accessories incorporated therein or affixed or attached thereto and any and all proceeds of the foregoing, including, without limitation, insurance recoveries. PROPERTY LOCATION: Address City,State Zip Code USE: Technology - This use is essential to the proper, efficient and economic functioning of Lessee or to the services that Lessee provides; and Lessee has immediate need for and expects to make immediate use of substantially all of the Property, which need is not temporary or expected to diminish in the foreseeable future. Lease Payment Schedule Total Principal Amount: $3,147,612.90 Termination Payment Lease Principal Interest Amount No. Due Date Payment Portion Portion (After Making Payment for said Due Date 1 1-Jun-2024 848,595.87 848,595.87 0.00 NA 2 1-Jun-2025 848,595.87 727,287.92 121,307.95 NA 3 1-Jun-2026 848,596.87 765,664.36 82,932.51 830,246.69 4 1-Jun-2027 848,596.87 806,064.75 42,532.12 0.00 TOTALS 3,394,385.48 3,147,612.90 246,772.58 Interest Rate: 5.277% EXHIBITA Property Description Six Thousand Eight Hundred (6,800) LVO 300E MT8186 Chrome MC00019341 with Cell Tech Service Thirteen Thousand Six Hundred (13,600) Mightyskins protective vinyl film adhesive