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HomeMy WebLinkAbout2022-04-18 Resolution 2022-162_Master Services and Purchase Agreement, AuthorizationRESOLUTION 2022-162 RESOLUTION AUTHORIZING ACTION FOR A MASTER SERVICES AND PURCHASING AGREEMENT PAYABLE FROM THE GENERAL FUND IN THE PRINCIPAL AMOUNT OF $380,373.93 FOR PERSONAL PROPERTY FOR USE BY THE CITY WHEREAS, the City of Waukee, State of Iowa (the "City"), is in need of funds to pay costs of equipping the police department, and it is deemed necessary and advisable that a master services and purchasing agreement in the principal amount of $380,373.93 be entered into for such purpose; and WHEREAS, pursuant to notice published as required by Sections 364.4 and 384.25 of the Code of Iowa, as amended (the "Code"), this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization and issuance of a master services and purchasing agreement payable from the General Fund in the principal amount of $380,373.93 for such purpose, and the Council is therefore now authorized to proceed with the authorization of the lease agreement; and WHEREAS, Axon Enterprise, Inc. ("Axon") has agreed to make available to the City the Equipment, pursuant to the terms of the Master Services and Purchasing Agreement, between the City, as Lessee, and Axon, as Lessor thereunder; and WHEREAS, this Council has determined that the terms of the Master Services and Purchasing Agreement do not exceed the economic life of the property being acquired pursuant thereto; and WHEREAS, the Master Services and Purchasing Agreement shall be payable from the General Fund of the City, and aggregate annual payments due on the proposed Master Services and Purchasing Agreement and all other general fund lease or lease purchase agreements in force on the date of authorization will not exceed ten (10) percent of the last certified General Fund budget amount; and WHEREAS, the Master Services and Purchasing Agreement shall begin on the date the City acquires the Equipment, and the Resolution ratifies the Master Services and Purchasing Agreement; and WHEREAS, it appears that such instruments are in appropriate form and are appropriate instruments for the purposes intended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAUKEE, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: "Equipment" shall mean the police equipment, as more particularly described in the Agreement. "Issuer" or "City" or "Lessee" shall mean the City of Waukee, State of Iowa. " Master Services and Purchasing Agreement" or "Agreement" shall mean, the Master Services and Purchasing Agreement, by and between the City and Axon. "Lessor" shall mean Axon Enterprise Inc., an Arizona Corporation. "Resolution" shall mean this resolution authorizing the Agreement, and general fund payments thereunder. Section 2. Authority and Purpose. The Agreement authorized by this Resolution shall be issued pursuant to Section 364.4 of the Code of Iowa, and in compliance with all applicable provisions of the Constitution and laws of the State of Iowa. The Agreement is hereby authorized in the principal amount of $380,373.93 for the purpose of paying costs of acquiring the Equipment. Section 3. Approval of Agreement. Axon Enterprise Inc. shall make the Equipment available to the City pursuant to the Agreement, which provides for the payment by the City in the amounts and in installments as specified therein. The form and content of the Agreement, the provisions of which are incorporated herein by reference, hereby are in all respects authorized, approved, and confirmed; and execution of the Agreement is hereby ratified, confirmed, and approved; and from and after the execution and delivery of the Agreement, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and execute all such documents as may be necessary to carry out and comply with the provisions of the Agreement as executed, and as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 4. Pledge of General Fund-, Other Funds to be Used. (a) Pledge of Funds. That for the purpose of providing funds to pay the payments due under the Agreement herein authorized, there shall be paid from funds in the General Fund for each future year the following amounts: AMOUNT $76,074.79 $76,074.79 $76,074.79 $76,074.79 $76,074.79 FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION 2022/2023 2023/2024 2024/2025 2025/2026 2026/2027 (b) Other Funds. Nothing herein restricts the ability of the City to transfer other available funds into the General Fund for purposes of satisfying the Agreement. (c) Additional City Funds Available. Payments coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 5. Lease Fund. Monies in the General Fund shall be converted into a special fund therein to be known as the "2022 POLICE EQUIPMENT LEASE DEBT SERVICE FUND NO. 1" (the "Lease Fund"), which is hereby pledged for and shall be used only for the payments of the Agreement. Section 6 Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer and the holder or holders of the Agreement, and after the issuance of the Agreement no change, variation, or alteration of any kind in the provisions of this Resolution shall be made in any manner, except as provided in the next succeeding Section, until such time as all of the Agreement, shall have been satisfied and discharged as provided in the Agreement. Section 7. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 8. Repeal of Conflicting Resolutions. All resolutions in conflict herewith are hereby repealed. PASSED AND APPROVED this 181h day of April, 2022. Mayor ATTEST: City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce X R. Charles Bottenberg X Chris Crone X Larry R. Lyon X Ben Sinclair X