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12581I RESOLUTION NO. 12,581 2 3 A RESOLUTION TO REPEAL RESOLUTION NO. 12,576 TO AUTHORIZE THE 4 CITY MANAGER TO ENTER INTO A LEASE TO PURCHASE AGREEMENT WITH 5 JERRY PATE TURF AND IRRIGATION AND BAYSTONE FINANCIAL GROUP FOR 6 GOLF COURSE MAINTENANCE EQUIPMENT; AND FOR OTHER PURPOSES. 7 8 WHEREAS, Little Rock Parks and Recreation Golf Courses are in need of proper turf maintenance, 9 and 10 WHEREAS, Parks and Finance staff have researched true lease, lease to purchase and outright pur- 11 chase options to address proper golf course turf maintenance, and 12 WHEREAS, it was determined that lease to purchase was the best option because equipment can 13 be updated more frequently, payments can be reduced and equity can be recouped for new replace - 14 ments, and 15 WHEREAS, a true lease option provides continuing monthly payments and no equity, and 16 WHEREAS, an out right purchase option demands more funds than are available in Golf Enter - 17 prise's yearly operations budget, and 18 WHEREAS, on May 17, 2007, a competitive selection process determined that Jerry Pate Turf and 19 Irrigation was the apparent lowest responsible and responsive bidder out of three proposals for the 20 needed golf course maintenance equipment, and 21 WHEREAS, on September 18, 2007, the City Board adopted Resolution No. 12,576 to authorize the 22 City Manager to enter into a Lease to Purchase Agreement with Jerry Pate Turf and Irrigation and Kan - 23 sas State Bank of Manhattan for golf course maintenance equipment, and 24 WHEREAS, the signed Resolution No. 12,576 did not state the correct financing company of Kansas 25 State Bank of Manhattan, but instead stated Baystone Financial Group, and 26 WHEREAS, City staff has subsequently learned that one piece of equipment from Jerry Pate Turf 27 and Irrigation, the Toro Reelmaster 2000, does not have ROPS available and therefore does not meet 28 the City's bid specification, and 29 WHEREAS, accordingly, the City will reject all bids and will re -bid the golf course maintenance 30 equipment bid pursuant to the terms and conditions of the Request for Proposals, and 31 WHEREAS, because of the above reasons, it is necessary to repeal Resolution No. 12,576 authoriz- 32 ing the City Manager to enter into a Lease to Purchase Agreement with Jerry Pate Turf and Irrigation 33 and Baystone Financial Group for golf course maintenance equipment. 34 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE 35 ROCK, ARKANSAS: [PAGE 1 OF 2] Resolution to Repeal Resolution No. 12,576 Lease to Purchase Agreement Award for Golf Course Maintenance Equipment to Jerry Pate Turf and Irrigation and Baystone Financial Group 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Section 1. Resolution No. 12,576 to authorize the City Manager to enter into a Lease to Purchase Agreement with Jerry Pate Turf and Irrigation and Baystone Financial Group for golf course mainte- nance equipment is hereby repealed. Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this resolution is declared or adjudged to be invalid or unconstitutional, such decla- ration or adjudication shall not affect the remaining portions of the resolution, which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not origi- nally a part of the resolution. Section 3. Repealer. All resolutions and other matters in conflict with this resolution are hereby repealed to the extent of any consistency. ADOPTED: October 2, 2007 ATTEST: Na Wood, y Jerk APPROVED AS TO LEGAL FORM: Thomas M. Carpenter, City AttUrney APPROVED: Mark Stodola, Mayor Resolution to Repeal Resolution No. 12,576 [PAGE 2 OF 2] Lease to Purchase Agreement Award for Golf Course Maintenance Equipment to Jerry Pate Turf and Irrigation and Baystone Financial Group