City of Atlanta
Georgia

Resolution
16-R-4692
Adopted Substitute
Dec 5, 2016 1:00 PM

A RESOLUTION BY COUNCIL MEMBER C.T. MARTIN
AS SUBSTITUTED BY THE ATLANTA CITY COUNCIL
AUTHORIZING THE EXECUTION, DELIVERY AND
PERFORMANCE BY THE CITY OF ATLANTA OF PROPERTY SCHEDULE NO.2
TO THE MASTER TAX-EXEMPT INSTALLMENT PURCHASE AGREEMENT,
DATED AS OF AUGUST 31, 2016, WITH U.S. BANCORP GOVERNMENT LEASING
AND FINANCE, INC., IN ORDER TO FINANCE THE PURCHASE OF CERTAIN
PRODUCTS AND SERVICE AGREEMENTS WITH MOTOROLA SOLUTIONS, INC.
FOR THE CITY OF ATLANTA'S P-25 RADIO SYSTEM UPGRADES, IN A
PRINCIPAL AMOUNT OF NOT TO EXCEED EIGHT MILLION SEVEN HUNDRED
THIRTY-FOUR THOUSAND SEVEN HUNDRED SIXTY-TWO DOLLARS AND
SIXTY-FIVE CENTS ($8,734,762.65), AND AN INTEREST RATE OF NOT TO EXCEED
1.735%, SAID PRINCIPAL AND INTEREST PAYABLE IN FIVE ANNUAL
INSTALLMENT PAYMENTS COMMENCING ON DECEMBER 30, 2017; ALSO
AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE AN ELECTRONIC
DEBIT TRANSACTION AUTHORIZATION TO FACILITATE REPAYMENT OF SAID
PROPERTY SCHEDULE; ALL CONTRACTED REPAYMENTS TO BE CHARGED TO
AND PAID FROM THE FUNDING NUMBERS LISTED HEREIN; AND FOR OTHER
PURPOSES.

Information

Department:Office of the Municipal ClerkSponsors:Councilmember, District 10 Clarence "C. T." Martin
Category:Personal PaperFunctions:None Required

Item Discussion

(Favorable on Condition by Public Safety & Legal Administration Committee and referred to Finance/Executive Committee 11/29/16.)

Body

WHEREAS, the City of Atlanta (the "City"), a municipal corporation of the State of Georgia (the "State"), is authorized by O.C.G.A. ยง36-60-13 to enter into multiyear purchase contracts for the acquisition of goods, materials, personal property and supplies; and

 

WHEREAS, Motorola Solutions, Inc. ("Motorola") designed, installed, optimized, and has continuously maintained the Citywide Digital Radio System upon which the City relies to provide communication support for its public safety services for several years; and

 

WHEREAS, the Citywide Digital Radio System requires certain radio upgrades, that includes moving the current MCC7500 Radio consoles from GPIOM to VPM platform; and

 

WHEREAS, the Chief of Police and the Chief Procurement Officer now recommend executing a new agreement with Motorola, to be designated as Cooperative Purchasing Agreement Number FC-:XXXX, utilizing GTA Contract Number 980-2800008 as a procurement vehicle for the cooperative purchase of P-25 radio system upgrades (the "Upgrades"), at a cost of not to exceed Eight Million Seven Hundred Thirty-Four Thousand Seven Hundred Sixty-Two Dollars and Sixty-Five Cents ($8,734,762.65); and

 

WHEREAS, the City has previously entered into that certain Master Tax-Exempt Installment Purchase Agreement dated as of August 31, 2016 (the "Master Tax-Exempt Installment Purchase

Agreement"), with U.S. Bancorp Government Leasing and Finance, Inc. (the "Bank"); and

 

WHEREAS, in order to finance the Upgrades, the City proposes to enter into Property Schedule No. 2 to the Master Tax-Exempt Installment Purchase Agreement, together with certain addenda, schedules, exhibits, attachments and supplements thereto ("Property Schedule No. 2" and, together with the Master Tax-Exempt Installment Purchase Agreement, the "Installment Purchase Agreement"), with the Bank, a form of which has been presented at this meeting; and

 

WHEREAS, the City's Department of Finance and Department of Information Technology have determined that it is in the City's best interest to finance the Upgrades by entering into Property Schedule No. 2 for a term of not to exceed five (5) years, in a principal amount of not to exceed Eight Million Seven Hundred Thirty-Four Thousand Seven Hundred Sixty-Two Dollars and Sixty-Five Cents ($8,734,762.65), and an interest rate of not to exceed One Point Seven Three Five Percent (1.735%); and

 

WHEREAS, the City has determined that the principal portion of Property Schedule No. 2, together with all other multiyear lease purchase contracts, when added to the amount of debt incurred pursuant to Article IX, Section V, Paragraph I of the 1983 Constitution of the State of Georgia does not exceed 10% of the value of all taxable property within the City; and

 

WHEREAS, none of the Upgrades being financed have been the subject of a referendum election within the immediately preceding four years;

 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, that the execution, delivery and performance by the City of Property Schedule No.2, together with certain addenda, schedules, exhibits, attachments and supplements thereto, in the form attached hereto as Exhibit 1 with such changes as the Mayor or Chief Financial Officer may approve, is hereby authorized and approved to finance the Upgrades. Property Schedule No. 2 shall be executed on behalf of the City by the Mayor or his designee and attested by the Municipal Clerk of the City.

 

BE IT FURTHER RESOLVED, that Property Schedule No. 2, shall have a term of not to exceed five (5) years, a principal amount of not to exceed Eight Million Seven Hundred Thirty-Four Thousand Seven Hundred Sixty-Two Dollars and Sixty-Five Cents ($8,734,762.65), and bear interest at a rate of not to exceed One Point Seven Three Five Percent (1.735%).

 

BE IT FURTHER RESOLVED, that said Property Schedule No. 2 shall provide for five (5) annual payments of principal and interest in an amount not to exceed One Million Eight Hundred Thirty-Eight Thousand Nine Hundred Twenty-Four Dollars and Zero Cents ($1,838,924.00), commencing on December 30, 2017.

 

BE IT FURTHER RESOLVED, that all costs incurred in connection with the Upgrades, including principal and interest payments under Property Schedule No. 2, service and maintenance support and other costs, shall be charged to and paid from the following Fund, Department Organization, Account, and Function Activity ("FDOA").

 

BE IT FURTHER RESOLVED, that the Chief Financial Officer or his designee, in consultation with the City Attorney, is hereby directed to prepare Property Schedule No. 2, together with all addenda, schedules, exhibits, attachments and supplements thereto, for execution by the Mayor or his designee.

 

BE IT FURTHER RESOLVED, that the Mayor or his designee is hereby authorized to execute an electronic debit transaction authorization to facilitate repayment of said Property Schedule No.2.

 

BE IT FURTHER RESOLVED, that said Property Schedule No. 2, together with certain addenda, schedules, exhibits, attachments and supplements thereto, and the electronic debit transaction authorization, will not become binding upon the City, and the City will incur no obligation or liability under them until such agreements and documents are approved by the City Attorney or her designee as to form, executed by the Mayor or his designee, attested to by the Municipal Clerk, and delivered to the Bank.

 

BE IT FURTHER RESOLVED, that the Mayor and other appropriate officials of the City are hereby authorized to certify any documents and execute any receipts, certificates, instruments, documents or other closing papers necessary to affect the purposes of this Resolution.

 

BE IT FURTHER RESOLVED, that any act consistent with the authority of this Resolution and taken prior to the effective date of this Resolution is hereby ratified and confirmed.

 

BE IT FURTHER RESOLVED, that in case any one or more of the provisions of this resolution shall for any reason be held to be illegal or invalid by a court of competent jurisdiction, such illegality or invalidity shall not affect any other provisions hereof unless expressly so held, but this resolution shall be construed and enforced as if such illegal or invalid provisions had not been contained herein, and this resolution shall be construed to adopt, but not to enlarge upon, all applicable provisions of Georgia law, and, if any provisions hereof conflict with any applicable provision of such law, the latter as adopted by the legislature and as interpreted by the courts of this State shall prevail and shall be substituted for any provision hereof in conflict or not in harmony therewith.

 

BE IT FURTHER RESOLVED, that any and all resolutions or ordinances or parts of resolutions or ordinances in conflict with this Resolution shall be and the same hereby are repealed, and this ordinance shall be in full force and effect from and after its adoption.

 

BE IT FURTHER RESOLVED, that this Resolution shall be in full force and effect immediately upon its adoption.

Meeting History

Nov 21, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE AND FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Nov 29, 2016 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE ON CONDITION [UNANIMOUS]
MOVER:Cleta Winslow, Councilmember, District 4
SECONDER:Carla Smith, Councilmember, District 1
AYES:Clarence "C. T." Martin, Keisha Lance Bottoms, Carla Smith, Michael Julian Bond, Ivory Lee Young Jr., Mary Norwood, Cleta Winslow
Nov 30, 2016 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE ON CONDITION [UNANIMOUS]
MOVER:Clarence "C. T." Martin, District 10
SECONDER:Alex Wan, Chair, District 6
AYES:Alex Wan, Howard Shook, Yolanda Adrean, Natalyn Mosby Archibong, Clarence "C. T." Martin, Felicia A Moore, Andre Dickens
Dec 5, 2016 1:00 PM  Atlanta City Council Regular Meeting
draft Draft

Chairperson Wan made a Motion to bring forth a Substitute to Resolution 16-R-4692. It was Seconded by Councilmember Bond and the Motion CARRIED by a show of hands of 14 yeas; 0 nays. The Substitute was before Council. Following, Mr. Wan made a Motion to Adopt on Substitute. It was Seconded by Councilmember Martin and CARRIED by a show of hands of 15 yeas; 0 nays.

ADOPTED SUBSTITUTE BY A SHOW OF HANDS OF 15 YEAS; 0 NAYS

RESULT:ADOPTED SUBSTITUTE [UNANIMOUS]
AYES:Michael Julian Bond, Mary Norwood, Andre Dickens, Carla Smith, Kwanza Hall, Ivory Lee Young Jr., Cleta Winslow, Natalyn Mosby Archibong, Alex Wan, Howard Shook, Yolanda Adrean, Felicia A Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd