HomeMy WebLinkAbout2023 Ordinance No. 0141/4
BY AUTHORITY
ORDINANCE NO. 14 COUNCIL BILL NO. 12
SERIES OF 2023 INTRODUCED BY COUNCIL
MEMBER ANDERSON
AN ORDINANCE APPROVING A LEASE TO PURCHASE AGREEMENT
FOR SEVENTY CLUB CARS FROM CLUB CAR LLC UNDER THE
TERMS OF THE MASTER CONTRACT FOR PRODUCTS AND
SERVICES CONTRACT NUMBER EV267-01 HOSTED BY THE CITY
OF KANSAS CITY, MISSOURI, DATED NOVEMBER 19, 2019
WHEREAS, the City of Englewood is authorized under the laws of the State of
Colorado to lease or purchase personal property for use by the City; and
WHEREAS, Article X, Part IV, Section 117 of Englewood City Charter
authorizes the disposal of City equipment in a manner most advantageous to the City; and
WHEREAS, Section 4-1-3-1(C) of the Englewood Municipal Code 2000 allows
for the acquisition of commodities, supplies, and equipment under any general bid or
purchase contract of the United States Government, State of Colorado or other
governmental jurisdiction at the prices, terms, and conditions contained therein, when, in
the opinion of the City Manager, the costs available to the City through such agreement
are deemed to be the lowest and best price available to the City; and
WHEREAS, OMNIA Partners (parent company of National IPA) is a shared
service and supply chain optimization company dedicated to the government that partners
with various public agencies in soliciting cooperative contracts; and
WHEREAS, Kansas City, Missouri, issued on behalf of itself, other government
agencies, non-profits, and all members of OMNIA Partners Request for Proposal (RFP)
No. EV2671 for utility, transportation, and golf vehicle plus related accessories,
equipment, parts, and services, and as a result of the solicitation, awarded Contract No.
EV267-01 to Club Car LLC; and
WHEREAS, OMNIA Partners has contract No. EV267-01 is available through
its cooperative purchasing organization to all of its public agency members; and
WHEREAS, the City of Englewood Parks, Recreation, Library and Golf
Department (the “Department”) requires 70 Club Cars to replace its aging fleet for
Broken Tee Golf Course; and
WHEREAS, the City can utilize the terms of Contract No. EV267-01 with Club
Car LLC; and
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WHEREAS, under the terms of Contract No. EV267-01, Colorado Golf and
Turf, a dealer of Club Car LLC, has agreed to a lease to own the City 70 golf Club Cars
under a five-year payment installment plan (the “Agreement”); and
WHEREAS, under the Agreement, the City will trade in its aging fleet vehicles
to lower costs for the lease acquisition; and
WHEREAS, the Department has determined that the trade-in of the aging fleet
vehicles is the most efficient, effective, and best value for the City; and
WHEREAS, under the Agreement, the cost to the City to lease to purchase the
golf cart vehicles includes a down payment of $150,000 and monthly seasonal
installment payments of $6,906.47 through 2028 for a total amount of $357,194.00; and
WHEREAS, the Agreement terminates and the City’s obligations thereunder are
extinguished if the City fails to appropriate money for the ensuing fiscal year for the
payment of the amounts due in such fiscal year; and
WHEREAS, the Department requests that the Englewood City Council approve,
enter into, and deliver, as applicable, to effectuate the proposed lease to purchase
financing of the golf Club Cars.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Under C.R.S. § 31-15-801, the Englewood City Council hereby
approves the acquisition by the City of the equipment such acquisition to be financed by
the City pursuant to and in accordance with the terms of the Agreement, attached hereto
as Exhibit 1.
Section 2. The Mayor and City Clerk are hereby authorized to sign and attest to
the Agreement attached as Exhibit 1 for and on behalf of the City Council of the City of
Englewood, Colorado.
Section 3. The following general provisions and findings are applicable to the
interpretation and application of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a
court of competent jurisdiction invalid, such judgment shall not affect, impair or
invalidate the remainder of this Ordinance or its application to other persons or
circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of
such inconsistency or conflict.
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C. Effect of repeal or modification. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter,
modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or
criminal, which shall have been incurred under such provision, and each provision shall
be treated and held as still remaining in force for the purposes of sustaining any and all
proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty,
forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or
order which can or may be rendered, entered, or made in such actions, suits, proceedings,
or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that
it is promulgated for the health, safety, and welfare of the public, and that this Ordinance
is necessary for the preservation of health and safety and for the protection of public
convenience and welfare. The City Council further determines that the Ordinance bears a
rational relation to the proper legislative object sought to be obtained. This Safety Clause
is not intended to affect a Citizen right to challenge this Ordinance through referendum
pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be in the City’s official
newspaper, the City’s official website, or both. Publication shall be effective upon the
first publication by either authorized method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized
and directed to execute all documents necessary to effectuate the approval authorized by
this Ordinance, and the City Clerk is hereby authorized and directed to attest to such
execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro
Tem is hereby authorized to execute the above-referenced documents. The execution of
any documents by said officials shall be conclusive evidence of the approval by the City
of such documents in accordance with the terms thereof and this Ordinance. City staff is
further authorized to take additional actions as may be necessary to implement the
provisions of this Ordinance.
G. Enforcement. To the extent this ordinance establishes a required or prohibited
action punishable by law, unless otherwise specifically provided in Englewood
Municipal Code or applicable law, violations shall be subject to the General Penalty
provisions contained within EMC § 1-4-1.
Introduced, read in full, and passed on first reading on the 27th day of February,
2023.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on
the 2nd day of March, 2023.
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Published as a Bill for an Ordinance on the City’s official website beginning on
the 1st day of March, 2023. for thirty (30) days.
Read by Title and passed on final reading on the 20th day of March, 2023.
Published by Title in the City’s official newspaper as Ordinance No. 14, Series of
2023, on the 23rd day of March, 2023.
Published by title on the City’s official website beginning on the 22rd day of
March, 2023 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final
passage.
Othoniel Sierra, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading and
published by Title as Ordinance No. 14, Series of 2023.
Stephanie Carlile
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