HomeMy WebLinkAbout137 - 10/18/1994 - AUTHORIZING THE PURCHASING AGENT TO ENTER INTO AN AGREEMENT FOR THE LEASE PURCHASE OF A PREFABRICATE ORDINANCE NO. 137, 1094_
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE PURCHASING AGENT TO ENTER
INTO AN AGREEMENT FOR THE LEASE-PURCHASE OF
A PREFABRICATED BUILDING
WHEREAS, the City is authorized under the provisions of Title 31, Article
15, Part 8, C.R.S. , to acquire necessary land, buildings, equipment and other
property for its governmental and proprietary purposes under the provisions of
a long term rental or leasehold agreement with an option to purchase such land,
buildings, equipment or property and to provide for the payment of said property
from any available municipal income; and
WHEREAS, the City has received a proposal from Municipal Services Group,
Inc. , to lease to the City a prefabricated building approximately 6,500 square
feet in size and related sitework, hereafter referred to as the "building"; and
WHEREAS, the City Council has determined that the City is in need of the
building in order to provide a branch library in south Fort Collins; and
WHEREAS, pursuant to Section 8-160(d) of the City Code, a contract may be
awarded without competition if the Purchasing Agent determines in writing that
there exists only one responsible source; and
WHEREAS, the Purchasing Agent has determined Municipal Services Group,
Inc. , is the only responsible source available to the City for this lease-
purchase transaction; and
WHEREAS, the Purchasing Agent has submitted this sole source determination
to the City Manager and the City Manager has approved this sole source
procurement; and
WHEREAS, pursuant to Section 8-160(d) (3) of the Code, all sole source
procurements over $50,000 must be approved by the City Council in an open
meeting; and
WHEREAS, the City Council has determined that it is in the best interest
of the City to lease-purchase the Building from Municipal Services Group, Inc. ;
and
WHEREAS, the City desires to enter into a lease-purchase agreement with
Municipal Services Group, Inc. , with respect to the leasing of the Building; and
WHEREAS, the City Council has determined that the lease payments in the sum
of $21,000 per quarter are reasonable and proper and represent the fair rental
value of the Building and sufficient funds to make the lease payments for 1994
are appropriated and available in the City's general fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1. That the Purchasing Agent be, and hereby is, authorized to
enter into a lease-purchase agreement with MUNICIPAL SERVICES GROUP, INC. , for
the above-described building in accordance with the following terms and
provisions:
The lease-purchase agreement shall be for an original term from the date
of execution of the agreement through December 31, 1994. The agreement
shall provide for renewable one-year terms thereafter, through December
31, 2004, subject to the annual appropriation of funds needed for lease
payments. The total lease term, including the original and all renewal
terms, shall not exceed the useful life of the Building.
The City shall make equal quarterly payments throughout the term of such
agreement.
If the City leases the Building for the original term and all successive
renewal terms, the payment to MUNICIPAL SERVICES GROUP, INC. , will total
Six Hundred Ten Thousand Dollars ($610,000) in principal , plus interest at
a fixed rate equal to 6.29% per year for the first five (5) years of the
term of the- 1_ease__ Commenc-ing- with the_ s-ixth (&) year; the interest_ rate
may be adjusted on a one time basis for the next five (5) years of the
agreement.
The Index used for the interest rate adjustment is determined by dividing
the Base Interest Rate of 6.29% by the U.S. Treasury Note Yield for the
five (5) year maturity ending July 31, 1994. This number is the Treasury
Note Index Percent. The Treasury Note Index percent will then be
multiplied by the U.S. Treasury Note Yield for the five (5) year maturity
as of the day immediately preceding the commencement of the subsequent
five (5) year lease period. This number will be the new interest rate for
the remainder of the lease term. The outstanding principal balance as of
that date will be used to determine the payment amounts for the subsequent
five (5) year period.
The City shall have an option to purchase the Building on any quarterly
payment date of any term. The option to purchase shall be exercised by
paying the quarterly payment due on said date and the purchase price due
on said date.
If the City renews the agreement for all the renewal terms and makes all
payments during said terms, the City shall be deemed to have exercised the
option to purchase the Building.
This agreement shall constitute only a current expense of the City and
shall not be construed to be a debt or pledge of the City's credit or
revenues. The City's obligation to pay rent under this agreement shall be
subject to annual appropriation of sufficient funds to meet this rental
obligation.
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Section 2. That the Council approves this lease-purchase transaction as
a sole source procurement.
Section 3. That the effective date of this ordinance shall be October 28,
1994.
Section 4. That staff will request appropriation of the Six Hundred Ten
Thousand Dollars ($610,000) to be provided to the City under the lease-purchase
agreement at a later date.
Section 5. That each budget adopted by the City during the term of this
lease-purchase agreement shall contain the information required by Section 29-1-
103(37) (d) , C.R.S. , as amended.
Introduced, considered favorably on first reading, and ordered published
this 6th day of September, A.D. 1994, and to be presented for final passage on
the 18th day of October, A.D. 1994.
or �✓�
ATTEST:
City
Passed and adopted on final reading this 18th day of October,. 1994.
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ATTEST:
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City C erc
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