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Home My WebLink About14207 ORD - 03/01/1978ikh:2- 28 -78; 1st { � r AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH TLW COMPUTER INDUSTRIES, INC., OF ATLANTA, GEORGIA, FOR THE LEASE PURCHASE OF A CENTRAL PROCESS- ING UNIT FOR THE DATA PROCESSING DEPARTMENT, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO IMPLEMENT THE CONTRACT AFORESAID; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute a contract with TLW Computer Industries, Inc., of Atlanta, Georgia, for the lease purchase of a central processing unit for the Data Processing Department, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof,marked Exhibit "A ". SECTION 2. That the City Manager be and he is hereby authorized_ to execute any and all documents necessary to implement the contract afore- said. SECTION 3. The necessity to authorize execution of the aforesaid contract and any and all documents necessary at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolu- tion shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the % day of March, 78. ATTEST: C' Secretary MAYOR THE CITY OF C RISTI, TEXAS APPROVED: _DAY OF MARCH, 1978: MICROFI LMED J. BRUCE AYCOCK, CITY ATTORNEY By JUL 0 71980 Ass a V Ci n t orney 14207 LEASE OF DATA PROCESSING EQUIPMENT WITH PURCHASE OPTION THE STATE OF TEXAS II COU14TY OF NUECES THIS AGREEMENT is made between TLW Computer Industries, Inc., herein called LESSOR, and City of Corpus Christi, a municipal corporation located in Nueces County, Texas, herein called LESSEE, upon the following terms and considerations: 1. Venue. This agreement is performable in Corpus Christi, Kueces County,. Texas, and shall be construed, enforced and performed in accordance: with the laws of the State of Texas. 2. Term and Equipment. Lessor hereby leases to Lessee the following described personal property for a period of sixty (50} months commencing upon written acceptance by Lessee certifying to Lessor that all equipment listed herein is installed operational, and has been accepted by IBM for maintenance_ The first monthly payment will be due thirty (30) days thereafter. GROUP ITEM EQUIP. TYPE MODEL DESCRIPTION UATQ ITiTY rWWFACTURER A 1 IBM 3145 IH2 Processing Unit 1 IBM • 3. Bid Invitation Controlling. This agreement shall be governed by Bid Invitation No. 7506/78 dated December 28, 1977, and the specifications therein set out and to the extent of any conflict between this agreement and said,Bid Invitation, the said Bid Invitation shall be completely controlling; provided, however, that Paragraph 21 of this agreement shall control over the Bid Invitation. A copy of said Bid Invitation is attached hereto and is a part of this contract for all purposes. 4. Rental. Total rental payable by Lessee to Lessor under this lease shall be payable in monthly installments thirty (30) days after written acceptance by Lessee as follows: Payment Rentals (Including Interest) No. (Total Payment) 1 8819.49 2522.23 2 8819.49 2486.78 3 8819.49 I 2451.13 4 8819.49 2415.27 5 8819.49 2379.22 6 8819.49 2342.96 7 8819.49 2306.50 8 8819.49 2269.83 9 8819.49 2232.95 10 8819.49 2195.87 11 8819.49 2158.58 12 8819.49 - 2721.08 13 8819.49 1 2083.37 14 8819.49 2045.44 15 8819.49 2007.31 16 8819.49 1968.95 17 8819.49 1930.38 18 8819.49 1891.60 19 8819.49 1852.60 20 8819.49 1813.37 21 8819.49 1773.93 22 8819.49 1734.26 23 8819.49 1694.37 24 8819.49 1654.26 25 8819.49 1613.92 26 8819.49 1573.35 27 8819.49 1532.55 28 8819.49 1491.53 29 8819.49 '' 1450.27 30 8819.49 1408.78 31 8819.49 1367.06 32 8819.49 1325.10 33 8819.49 1282.91 34 1 8819.49 1240.48 35 8819.49 1197.81 36 8819.49 1154.90 37 8819.49 1111.75 38 8819.49 1068.35 39 8819.49 1024.71 40 8819.49 980.83 41 8619.49 936.70 42 8819.49 892.32 43 8819.49 847.69 44 8819.49 802.81 45 8819.49 757.67 it 46 i 8819.49 712.28 -2- L� -3- Payment Rentals (Including Interest) No. (Total Payment) 47 8819.49 666.64 49 8819.49 620.74 49 8819.49 574.58 50 8819.49 528.16 51 8819.49 481.48 52 8819.49 434.54 53 8819.49 387.33 54 8819.49 339.86 55 8819.49 292.12 56 8819.49 244.11 . 57 8819.49 195.83 58 8819.49 147.28 59 8819.49 98.45 60 8816.57. 49.35 TOTAL INTEREST $ 81166.48 TOTAL PRINCIPAL 448000.00 TOTAL MOUNT 29 .48 Lessor or its assigns shall bill Lessee for each monthly installment. Such billing shall be sent to the Chief Accountant, Accounting. Division, City of Corpus Christi, P. 0. Box 9277, Corpus Christi, Texas 78408. -3- r u 5. Taxes. As part of the consideration for this lease, and as part of Lessor's cost in leasing the equipment to Lessee, Lessee will timely pay and discharge all personal property taxes and any sales taxes now or hereafter imposed by the State of Texas, or any local government in the State of Texas, upon the equipment or upon the ownership, leasing, pur- chase, possession or use thereof. Should the legislative body of the State of Texas or any local governmental entity thereof hereafter provide for and require license or registration fees, sales and use taxes, rental taxes, gross receipts taxes, or any other taxes, upon the equipment or upon the ownership, leasing, purchase, possession or use thereof, lessee will timely pay and discharge such fees or taxes. Said payment shall be made in the name of the Lessor or its assigns and shall be made and con- sidered as additional rental under this lease and shall be payable by Lessee within thirty (30) days after Lessee's receipt of Lessor's invoice for such amount accompanied by proof of assessment or license or fee requirement. Upon Lessor's receipt of such assessment or license or fee requirement, Lessor. shall immediately forward to Lessee said invoice and proof of assessment or license or fee requirement. Such invoiced amount shall not include and Lessee shall not be liable for any amounts incurred as penalties or interest for nonpayment or late payment of such taxes which resulted from Lessor's failure to timely forward such assess- ment and Lessor's invoice. At the time of the execution of this agreement, there are no taxes, licensing or registration fees which will be assessed or required by the United States government, or the government of any State other than the State of Texas, or any local government in any State other than the State of Texas, upon the equipment or upon the ownership, leasing, purchase, possession or use thereof. Should the legislative body of the United States, or any State other than the State of Texas, or any local govern- ment in any State other than the State of Texas hereafter provide for and require license or registration fees, sales and use taxes, rental taxes, gross receipts taxes, or any other taxes, upon the equipment or upon the ownership, leasing, purchase, possession or use thereof, Lessee, as further consideration for this lease and as part of Lessor's cost in leasing the -4- equipment, will pay as reimbursement to Lessor an amount equal to such taxes and fees assessed or required. Said reimbursement payment shall be payable by Lessee to Lessor within thirty (30) days after Lessee's receipt of Lessor's written request accompanied by proof of Lessor's payment of said taxes or fees in the form of a photostatic copy of said tax or fee receipts. Such reimbursement payment shall not include and Lessee shall not be liable for any amounts incurred by Lessor as penalties or interest for nonpayment or late payment of such taxes or fees. Nothing herein shall be construed to require Lessee to be responsible or liable for any federal, state or local taxes, or payments in lieu thereof, imposed upon or measured by the net income of Lessor- ' -4a r , 6, Late Charges. Payments received more than thirty (30) days after the due date and without there then being present an event of Lessor's default will be subject to a late charge at the rate of 1 1 /2q per month based on the amount of the late payment. 7. Purchase Option. Lessee may purchase the above described equip- ment at any time before the end of the contract term by prepaying the out- standing balance of any or all of the equipment plus rentals or any other sums due and owing hereunder without penalty. B. Cancellation for Nonappropriation. Lessee may cancel this agree- ment should the present or any future City Council of the City of Corpus Christi not appropriate in any fiscal year funds for the payments required by this agreement. No penalty shall attach in the event of any such nonappropria- tion. In the event of nonappropriation, Lessee shall give the Lessor sixty (60) days notice prior to the end of the then current fiscal year.before cancella- tion of this agreement and Lessee shall not be obligated to make any payments beyond the end of the sixty -day notice. Lessor shall have all the rights and remedies under the law to take possession of the above described equipment in the event of such cancellation. 9. Consultant. Lessor will supply consultant for planning and installation for the IB14 3145 computer described above, including air conditioning:. power and location. Said consultant must be available for at least five or more days before and during the installations. 10. Limited Warranty. Lessor warrants that the above described equipment meets specification requirements set out in Bid Invitation No. 7506/78 which will allow IBM, to perform maintenance on the hardware. 11. Notices. Notices provided for herein shall be sufficient if sent: by certified United States mail, addressed as follows: TO LESSOR: TLN Computer Industries, Inc. 3570 American Dr. Atlanta, Georgia 30366 TO LESSEE: City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78408 -5- 12. Title. Title to the above equipment and all parts thereof shall not pass to Lessee until purchase is made thereof as herein provided and until full payment of such purchase price and all interest and any other sums which may be due hereunder is made in cash to the Lessor or its ass-fgns, in which event title to said equipment and all parts shall pass to Lessee- Lessee shall not remove, conceal or otherwise interfere with the title or ownership plate of Lessor affixed to equipment described above unless and until equipment is purchased and full payment made thereof as herein provided_ said equipment and all parts thereof shall retain their character as personal property. 13. Maintenance and Inspection. Except as set out herein with respect to being in operating order upon completion of installation, so as to be accepted by IBM for maintenance, Lessee at its own cost and expense shall maintain the equipment in good operating condition, repa -Ir and' appearance and protect the same from deterioration other than normal wear and tear. Lessee agrees to use the equipment only in a manner reasonably contemplated by the manufacturers. Lessee shall use the equipment either in the regular course of its business or for the benefit of some other governmental entity, but in no event shall Lessee authorize or allow persons other than Lessee's employees to operate the equipment. Lessor shall have the right, during normal working hours, to enter upon the premises where the equipment is hocated to check or inspect the equipment. 14. Indemnity. Lessee agrees to indemnify and hold the Lessor harmless from any and against all liability arising out of the ownership, selection, leasing, operation, control and maintenance of the equipment, including but not limited to accidents causing personal injury, property damage and /or death, unless occasioned by the negligence of Lessor, its agents or employees. IBM shall not be construed to be an agent of Lessor. Lessee shall be credited with any amounts received by Lessor with respect to injury, damage or loss from liability insurance secured by Lessee. 15. Quiet Use and Enjoyment. Lessor hereby covenants to provide Lessee during the term of this agreement with quiet use and enjoyment of the equipment described hereinabove and Lessee shall during the said term peace- fully and quietly have and hold and enjoy the equipment described herein with- out suit, or hindrance from Lessor except as expressly set forth in this -6- agreement. Any assignee of Lessor shall not interfere with such quiet use and enjoyment during the contract term so long as Lessee is not in default of any of the covenants set out herein. 16. Insurance. At its own expense, Lessee shall cause comprehensive general insurance to be carried and maintained with respect to the equipment described hereinabove. All insurance proceeds from casualty losses shall be payable solely to Lessee; provided, however, Lessee shall remit said proceeds to Lessor unless Lessee provides satisfactory proof to Lessor that said equip- ment has been replaced or restored to good working order. On Lessee's acceptance of the equipment, Lessee shall provide evidence to Lessor of com- prehensive general insurance. Lessee shall carry workmen's compensation insurance in Texas statutory amounts covering all employees working on, in, near or about the hereinabove described equipment and shall require any other person or entity working on, in, near or about said equipment to carry such coverage. Upon request, Lessee shall supply to Lessor evidence of such coverage throughout the contract term. 17. Risk of Loss. Lessor shall bear all risk of loss to the equipment: until delivery to Lessee. Upon delivery, Lessee shall bear all risk of loss to the equipment. For purposes of this agreement, delivery shall occur when the Lessor causes said equipment to be put and held at Lessee's disposition at the 8th floor of the Jones Building, 317 Peoples Street, Corpus Christi, Texas, during the hours from 8 a.m. until 5 p.m., Monday through Friday (not including national holidays) or during times mutually agreeable to the parties, and giving Lessee any notification reasonably necessary to enable Lessee to take possession. Such equipment must be kept available for the period reasonably necessary to enable the Lessee to take possession. 18. Transportation. The Lessor shall be responsible for all trans- portation charges relative to the shipping of equipment to Lessee's location. 19. Delay in Delivery. If delay in delivery as specified on the Purchase is foreseen, Lessor shall give written notice to the Purchasing. Office, City of Corpus Christi, immediately. Lessee has the right to extend the delivery date if the reasons appear to Lessee to be valid.- Until delivery of all of the equipment, Lessor shall keep Lessee advised at all times of the status of the order. -7- 20. Assignment. Lessee will not sublet or assign this agreement or any part of it without the prior written approval of Lessor. Any assignment or transfer of Lessor's right, title or interest in the equipment or this lease, including the right to receive further rental payments, to other than Security Pacific National Bank and subsequently to a subsidiary or affiliate thereof, without the prior written consent of Lessee, shall be void. F[o assignment or transfer of Lessor's right, title or interest in the equipment or this lease shall have any force or effect prior to Lessee's written acceptance of the equipment. Upon assignment to Security Pacific National Bank, the Lessor (TLW) shall continue to assume and faithfully perform and discharge all of the terms, covenants and obligations to be performed by Lessor under this lease. Lessee shall not assert against any assignee or transferee of Lessor's rights (by way of defense to any claim of such assignee or transferee), any defense, counterclaim, offset, or recoupment of any kind which Lessee may now or hereafter have against Lessor; provided, however, that in the event of cancellation of this lease for nonappropriation, Lessee shall not be obligated to make any payments beyond the end of the last fiscal year in which appropria- tion for payments under this lease was made by the City Council of the. City of Corpus Christi. 21. Delivery and Performance. Lessor shall deliver said equipment within thirty (30) days of the execution of this lease. If said equipment is not installed, operational, and accepted for maintenance by IBM, within thirty (30) days after delivery, Lessor shall forfeit to Lessee each month.a portion of Lessor's performance bond which shall equal the monthly rental paid by the Lessee to IBM for the 1bM 3135 CPU presently in place. Said partial forfeit- ures shall commence on the thirty -first day after delivery and shall continue to occur monthly on the same day of each month thereafter until either the entire amount of the performance bond has been forfeited to Lessee or said equipment has been installed, operational, and accepted for maintenance by IBM. Lessor may forfeit a portion of its performance bond which does not equal the monthly rental for the IBM 3135 CPU when the remaining portion of performance bond is less than such monthly rental. 22. Lessee Default. Any of the following events will constitute an Event of Lessee Default under this lease: -8- a) Lessee fails to make any payment required when due and such failure continues after written notice (certified mail, return receipt requested, addressed to the Director of Finance of the City of Corpus Christi, Texas) by Lessor for a period of fifteen (15) days after the receipt of such written notice; or b) Lessee fails to observe or perform any other covenants, con- ditions, agreements or warranties of the lease and such failure con- tinues for thirty (30) days without cure after Lessor provides Lessee written notice (certified mail, return receipt requested, addressed to the City Manager of the City of Corpus Christi, Texas) of the failure. 23. Lessor Remedies for Lessee Default. Upon the occurrence of an Event of Lessee Default, then Lessor may, at its option, take any of the follow- ing actions: a) Without retaking possession of the leased property, hold Lessee liable for all rents and other sums which shall become due under the terms of this lease subject, however, to the Paragraph 8 nonappropriation provisions. b) Terminate the lease and all rights of the Lessee with respect to the equipment. After complying with Lessee`s security regulations. Lessor may then enter the premises where the equipment is located and take possession thereof or require Lessee to deliver the equip- ment at a reasonably located place on Lessee's premises where Lessor may take possession of the equipment. Upon such termination, Lessor will hold, possess and enjoy or sell, lease or otherwise deal with the equipment free from any right of Lessee or its successors in such equipment. c) Lessee will be liable to Lessor for all costs associated with Lessor's regaining possession of said equipment or enforcement of the performance of this contract. 24. Lessor Default. Any of the following events will constitute an Event of Lessor Default under this lease. a) Delay in delivery as specified on the Purchase of any and all equipment without extension of the delivery date by Lessee; or -9- r b) Delay in delivery of any and all equipment after expiration of the last extension of the delivery date by Lessee; or c) Failure of Lessor within five (5) working days of delivery to authorize IBM to perform maintenance upon any and all equipment; or �A d) Failure of Lessor to provide or have available to Lessee for at least five (5) days before and during the installations a consultant for planning and installation of the equipment, air con - ditioning, power and location; or e) Failure of any and all equipment to meet the specification requirements set out in Bid Invitation No. 7506/78. 25. Lessee Remedies for Lessor Default. Upon the occurrence of an Event of Lessor Default, then Lessee may, at its option, take any one of the -following actions: a) Purchase any and all equipment elsewhere and charge the full increase in cost and handling to the defaulting Lessor. b) Cancel the Purchase Order, in whole or in part with respect to any and all equipment, returning to Lessor at Lessor's expense, any and all equipment pertaining to the cancelled portion of the Purchase Order. c) Terminate this lease, in whole or in part with respect to any and all equipment, returning to Lessor, at Lessor's expense, any and all equipment pertaining to that portion of the lease which has been terminated. 26. Warranties. Any warranties presently in existence vrith respect to said equipment are passed along to Lessee. 27, Equal Opportunity. Lessor, during the performance of this contract; will (a) treat all applicants and employees without discrimination as to race, color, religion, sex or national origin, and (b) identify itself as an equal opportunity employer in all help - wanted advertising or requests. Lessor is hereby placed on notice that any complaints filed with the Lessee alleging that Lessor is not an equal opportunity employer during the six months preced- ing the date of receipt of bids which resulted in this contract, will be referred to the Human Relations Commission of the City of Corpus Christi through its Human Relations Administrator for the purpose of review and recommendations. -10- The report of the Human Relations Commission will be transmitted to the Purchasing Agent or the Director of Engineering and Physical Development who will include a summary of such report with any future bid award recommendations for which the Lessor is a bidder and bring to the attention of the City Council of the City of Corpus Christi any such report received prior to the issuance of authority to deliver or work order to Lessor. A copy of this report shall be sent to the Lessor. The Human Relations Administrator will follow up any such report and bring to the attention of the Commission any further action by the Lessor which would include that the findings of the Commission should be modified. Any such modified findings of the Commission will be delivered to the Director of Engineering and Physical Development or Purchasing Agent with a copy to the Lessor and be included in any future bid award recommenda- tions. 28. Modifications. This agreement, including the bid documents, as outlined above, expresses the entire understanding of the parties with reference to the subject matter hereof, and no representations or agreements modifying or supplementing the terms of this agreement shall be valid unless in writing signed by person authorized to sign agreements on behalf of each party. EXECUTED in duplicate originals this day of , 1978, by the duly authorized representatives of Lessor and Lessee. TL14 COMPUTER INDUSTRIES, INC. ATTEST:. Secretary ATTEST City Secretary APPROVED: DAY OF A,,� 1978: J. 77f COCK, CITY ATTORNEY By_ I ma o r�� LESSOR CITY OF CORPUS CHRISTI, TEXAS By R. Marvin Townsend, City Manager is IN a fprm 5 (Rrv. 3175) CITY OF CORPUS CHRISTI PURCHASING DIVISION CORPUS CHRISTI, TEXAS BID INVITATION ' 0 .................................................. ............................... ................__� .......................................... I............................ THIS IS. NOT All( ORDER ................................................... ........................ ... .:.. bass gcule as per instruction; indicated below' fur the articles desctibcd. Uids must be submitted on etc forms to be wmidered.This mgofry isladnplfeata rieiaI must be returned to us properly filled out. Duplicate to be retained by you. 'o charges will be allowed for yacklrt- or outage. uotationsmustbela,thisofficeb R-•� a.m. Tuesda Januar 10 1 8 _�__•�• y......:.............. a....... .......Y.a..............Y...... , 9rl x''.t�i;JiiitVYS;51'l�e, h?urcltasiagAeeoG PLEASEkIARJi: YOUR ENFELOPE LEASE PURCHASE PRMSAL FOR DATA PROCESSING SO YOUR BID WILL NOT BE OPENED UNTIL THE PROPER TIME EQUXP3•fEMT Sealed bids to furnish the following will be received in the office of the City r1orchasue Agent, 321 N. Mesquite Street, Pad Floor Weber Building, up to and including 11 :00 a.m., 2aesday, January 10, 1978, and opened immediately thereafter- in, the Camail- Chambers:. LEASE FURCW'ASF. PROPOSAL FOR DATA PROCESSING EQUIS•Mr Pr's. F07,I.C75TJTiG'C�2OiTPSe A - CENTRAL PROCESSING WIT (CPU) B - EKISTING PERIPHERAL EQi1JIRnT C - ADDITIONAL PERIPHERAL EQUIRVWT as per specifications and Data Sheets attached hereto and made a part hereof_ AWARD wiLt be made by Group with all items in each Group to be purchased krci one supplier. Do not submit a.bid on a Group unless you bid on all. items in that. Group.- OTHER OR MISCELLMTEOUS CHARGES - Prices shown must include all other charges involved such as incoming freight, planming,relocation, shipping insurance and penalties for pircmature cancellation of existing 1139 Equipment Long Term Lease Contracts. BIDDER PURCHASE OPTION - If Bidder Purchase Option on the 3135 Central Processing Unit is less than 197, 53.00 this difference must be included in the miscellaneous cost 'which 4'113- be included in the net purchase price for Item 1, Group A. - PREATURE CA11GEMATION CHARGES - All Premature Cancellation Charges involved in the final contract will be invoiced t3 the Bidder by the City. These payments will be due immediately' on receipt of the invoice. BID SECURITY - Bidder must furnish with his proposal, as bid security, a Cashier`s Check, Certified Check, Money Order, or Bank Draft in the amount of. $1,500-00- Such Bid Security will be returned via registered mail after 48 hours have elapsed from the time bSlds are opened, with the exception that the Bid Security of the three lox bidders„ will be rotaine2L COXTTNUED ON HIGE a "Conflict of interest: Any member of the Council, officer o: employee of the City is prohibited by the City Charter to becoming c,terested directly or indirectly in any contract of purchase by the City." If delay in dcrjwry as speed on thu Purchase is foreseen, supplier 511311 give written notice to Purchasing Office irmrtednitty. The City bus the rah[ to extend the delivery date if reasons appear valid. Supplier must keep the City advised at all times of the status of order. Default in promis;oi delivety (tviihout accepted reason) or failure to meet specifications. authorizes the City of Corpus Christi to purchase material elsewhere and charge full increase 10 cost and handling to the defaulting supplier and could also be reason for cancellation of the Purchase Order (at no expense to the City) if the City of CorpusChristi deems it nea-sstry. - The City resuwcs the right to reject any or all bids, as swell as the right to determine the most advantageousbid_ To: - CITY OF CORPUS CHRISTI PURCHASING DIVISION We quote you as above F.O_B.:. Corpus Ch risti,Tx Shipment will be made___.—.- days from rccefpt of order_ * Ternis ....... - .................................. ............................... ................. _........ PFIOi�: Date.... ............................... By.......................... •h s1u11 be understood that cash or term discounts shill be based on payment within a s eci icd time from date matccbl itrccched and nor fioradatr of Invoice. IfiSTRMTMIS TO B10EPS Envelopes containing bids must be sealed and narked in the upper left -hand comer with the nwx- ar,d address of the bider_ identifications of the invititlons�, and the cite and hour of opening shall be shown In the lower loft -hand Conner- Sidi should be filled out In Ink, Indellble pencll, or typewrlter. Bidder should show total p, u.. t bid on last -sheet on which a bid is entered. COR7ECTIMS: Erasures or changes on the bid sheets gust be Initialed by the person stgning the bM or explatned ovar the blues signature. S1GiAME TO BSDS: Each bid mutt give tha full business address of &.e bidder and be signed by din selth his rival 5 gnature -kid; by partnerships must sh ^' the full partnership none and be signed by ono of the members of the partner- ship or by an authorized representative with the designation of the person signing. Bids by eorporatigns Or ec,panfes rwst show the legal name of the corporatie-i or co�.pany and be signed by the president or other persons aothorized to bind It in the natter, with his designation. The naxe of the person signing shall also be typed or printed belw bis signature, If the bid Is signed in a capacity ether than an individual, partner, owner, or as president. 3`Tce- president, secretary, or treasurer of a company. or corpmratlon, satisfactory evidence of the authority of this pengn signing, in behalf of the principal should be furnished w!ch the bid, unless such authority bas prevtoasly been furnished the con- tracting officer Issuing the invitation. All bid sheets on which bids are submitted and applicable certificates will be manually signed by the person signing the bid. Other sheets of the invitation must shoo the bidder's Came. which ray be manually signed, typed, printed, or stae;ed. PARKING A,VD PAILiNO OF BIDS: Bids. with their guarantees, omst be securely sealed in saita97¢mvelopes, addrssae3and marked an the outside as required by the invitation. Bids with Insufficient postage will not b3` aeepted. Bids (Including deposit or bond when required) must be mailed in sufficient Lion to arrive and be to the hands of thr City Purchasing Agent - prior to hour fixed for the bid opening. Late bids will be returned ... they - cannot be cowidernr& - WrDIDRAAAL OF BIDS: Bids may be withdrmm on written or telegraphic request received fray bidders prior to the time fixed or open ng. t igeice on the part of the bidder in preparing the bid confers no right For the.wtthdraahal of the bid_ after the hour fixed for the bid opening. , GENERAL SCI re TEk'S AND CGi01TI0NS 11SPECfIOR: Bidders are invited and urged to inspect the property (when applicable) prior to stbmitting bfds- ivQWty+ hill oe available for inspection at the places and timers specified in the invitation. -The city will not be Ob)isatel to Furnish any labor for such purpose. In no case will failure to Inspect constitute grounds for a elaio erfor the* with- drawal of a bid after opening. COIISIDTRATIJV OF BIDS: The City reserves the right to reject any or all bids, to waive any technical defects fn the bids. and unless otherwise specified by the City or by the bidder, to accept any one item or group of items in the.bid as may be to the best interest' of the City. Unless otherwise specified, bids must be submitted an the basis of the volt specified for the item in the Invitation, and bids may be submitted an any or all Items. in case of error in the extensino-of prices In the bid, the unit prices will govern. BID GUARANTEE: The bidder agrees that the bid will not be withdrawn within 60 calendar days next IF0110469 the-date Of naming un ess a different period be specified by the bid notice), and will during that t.1me retain fins and irrevocable a bid deposit or bond is.required, the bid must be acco panted by same. In the event of any defavTt by the bidder or If failure ty the bidder to amply with all terns and conditions of this contract, the deposit or bond made by the bidder may be forfeited to the City as Tiquidated da�ages. Deposits an rejected and/or unsuccessful bidsvtll be returned to bidder by mail. r r. AD1USTM T FOR V MT70.V 1M U:tiTTTY Ox WEIGHT: Any variation between the quantity orueight listed for any Item and the' quant ty or we t o su _ tern tendare or call ivered to the City will be adjusted an the basis of the unit price quoted for such teem. VERBAL PODFFICATIO75: Any oral statement by'any representative of the Cfty, modifyfog or changing aiOr conditions of this contract, s an expression of opinion only aid confers no right upon the seller. DISPUTES:. Except as otherwise specifically provided in this contract, ail questions of fact involved in disputes arising - - end —err fie contract shall be decided by the City. whose decision upon skid facts shall be final and conclusive upon the parties, subject to written appeal by the Vendor wlthtn thirty (30) days to the City Manager or his duly authorixed representative, whose decision on sold facts shall be final and conclusive upon the parties hereto - 3" the meantl e'. the Vendor shall diligently proceed with performance. _ D- cFINITIOSS: (a) The term 'his duly authorized representative' shall mean any person arpersons, other than the contracting officer. authorized to act for'him, or any board set up in accordance with regulations and cz,90dered to act - (b) The term 'contracting officer' as used herein shall include his duly appointed sfeeevsorand -his dvlp authorized representative. EQUAL OPPORTMITY EMPLOYER: Every contractor must agree that, during the performance of Its contract. it wily (a) Treat all applicants and employees without discrimination as to race. Valor- 3`0119100,- sex.or national origin. (b) Identify itself as an equal opportunity employer in all help wanted advertising or requests - The contractor is hereby advised that any complaints filed with the"City alleging that a contractor is got an equal Opportunity employer during. the 6 months preceding the date of receipt of bids will be referred to the Human Relations Co- -nisslon, through its Human Relations Administrator, for the purpose of review and reco—ndstiaes. lice report of the Hunan Relations Camission will be trans fitted to the Purchasing Agent or the Director of Public Works who will inclu41- a surary of such report with any future bid award recaanendatlons for which the contractor Is a bidder. and bring to the attention of the City Council any such report received prior to the issuance of authority to deliver or a work order to any such contractor. A copy of this report shall be sent to the contractor. The Human Relations Administrator wi 17 Follow up any such report and bring to the attention of the [omission any further action by the contractor which would Include that ors Purchazing Agent dwithda copy to the contractordead befincludeedd insany future bi.dta+ardd � be recommendations. The City Council reserves the right to consider such reports in determining the -hest bld and to, on the basis of such report. terminate any portion or a contract for which work orders or authorities to deliver have not been 4stued. However. the contractor is specifically advised that no equal opportunity erploycent complaint will be the basis for cancellation of any contract for which authority to deliver has been granted or a work order Issued. ASSIC.-Pt:41' OF CONTRACTS: No contract awarded as a result of this contract may be sublet or assigned without prior a7prowsl o I the City. MD BIDS AMAROED ON DATE OR DAY THEY ARE OFEriTO. ALL BIDS SHALL BE TABLED FOR A 1UR140 OF FORTY -EIGHT (48) HOURS-. Clay 'or CORPUS CHRIWI ! BIDJY506 173 Cords Christi,Texas Page IA BID SECURITY Cont'd until such tine as the contract on the subject project has been awarded, not to exceed 30 days. The Cashier's Check, Certified Check, Money Order or Bank Draft submitted by the Successful Bidder will be retained until receipt of Performance Baal. For additional information contact T. M. Jarvis, Jr., Purchasing Apent, Purchasing Division, Phone (512) 884 -3011, a xt. 362, 302. Bidders are invited to attend bid opening at the time and date mentioned on previous page, in the Council Chambers, 1st Floor City Hall, 302 S. Shorelim Blvd_ DATE MMM BY P ICiCY OF COI_VdS QW1 si 'Corpus Christi,Texa.s Page 2 The City of Corpus Christi, Tezas, wishes to enter into a contract with a computer leasing company which will allow the City to lease- purchase data processing equipment. The lease- purchase agreement will be Tor a period of 60 -months, subject to annual budget appropriation, 'and without penalty for non. - appropriation. The City must also have the ability to upgrade any of the data processIUS: equipment during this 60- month period without any penalty, and with all pay-nent x of principal, on these items of equipment, by the City, to ba applied toward the financing of the. upgrade. The City shall have the ri&t: to prepay, the- out- standing balance of any or all of the equi -3nent•without penalty. The bidder can base its bid on the option of buying the• equipment curxemtly, installed at the City, or purchase equal or better IB*NI hardware from tins market_ place where the price difference will benefit the Citya A11 hardware must meet specification requirements which will allow 1B'L1 to perform.maiutenaace an the hardware. Hith regard.to the currently installed IBIH 3135 CeutraX processing Wait: (CPU), the bidder has the option'to purchase the remainiag.balance of th.e.pur- chase agreement with IBM or the bidder must obligate itself for the moathly, payWents on the (CPU) through July 31, 1978. Under the presznt CPU purehasa plan with IMI, the City has purchase balance of $197,453 on the IBrf 3135 as. of _ January 1, 1975. See Attachment "A" for a detail breakdown of this hardware configuration. The bidding party's option in this regard sb all be stated cat the bid tabulation sheet. CITY. OF CORPUS CHRISTI BIDr- 15061Za Corpus Christi,Texas r ( Page 3 'ihe attached bid fora nust be used. Bidders will note that tT�_e bid forces includes three separate groups of items on which bids may be received_ Bidders may bid on any one or more of the three groups of bid items_ Award vi11 bs made by group with all items In each group to be purchased froze oaa sumal iar_ 11o, not submit a bid on a group unless .'you bid on all items in that group_ Any substitution of the equipment with regard to ma sfactu -er 'tt zve written approval prior to bid opening or the bid shaU be cosidezaZ uazEtc_pt- able. Selection of substitutes will be judged upon, performance, software. compatability, service reliability, service availability, servim respaa, time, and cost of software conversion if applicable. See Attachment "C" for a list of equipment currently installe` at the Citlr along with its current purmbase price as of December 1,,"1977_ The IxEdder- shovld note that items designated by 2n asterisk (+)'on attacbze � *'C" xre it:eas.nnder lease from IBM. The M1 lease agreement contains a penalty- provision stating that: if the lease is cancelled prior to its expiratioa date, the penalty- provisions will apply unless the purchase option is exercised. Bids are to specify 60 months lease- purchase only- The first_ Moatbly pay- cent will, be due 30 days after installation is. completed and opexe'-1 oral_ Bids must include any cost, associated with the planning emd. relocating of the computer and its related equipment to the new hardware configuration. (See attachment "E" for hardware layout'.) Bidder is to sup ?ly a consultaut for plan- ning and installation for the new. computer, including air pacer, and location. The consultant must be available for at least five or core days before and during the installations. x CITY or CORPUS CF[RIGRI � ( IIIUsl50o'�78 Corpus Christi,Texas All parties who participate in this proposal must post it $25,000 perFor— r:ance bond to insure that all nachinery will be installed and operational on oz Sefora February 28, 1978. Deviation from this schedule must be approved - p -.or to bid .opening.. Bids are to be submitted to Mr. T. 31. Jarvis, Purchasing Ageat:. City of Corpus Christi, no later than January 10.6 1978 11:00 -a M. DATE BIDDER BY :ITY 6r CO -Tipus CHRIS21 :OrplA s Ctiristi ,Teyas 3i I00 1421 1431 2001 3900 3905 .4457 4655 4670 4672 6981 7855 7861 7862 9080 9101 9186 9313 9316 4640 9649 9609 4722 9650 9610 -4723 9651 9611 4724 9651 9612 4725 9653 9613 9903 9043 3215 Model 1 001 9043 9080 9903 3046 Model 1 001 9162 9902 [ MD/fT5C6lTa ATTALVIENT`e P�5 0/135 FEATURES Processing Unit (512IC) Blodr N,PX Channel Shared Subchannels, . Clock Comparator Floating Point 128 Byte MPX Subchannels 1401/1440/1460' Comp_ 3330/3340 IFA IPA Basic Control Int. 1403 Prt. Md1.2,N1 Selector Channel. First 3215 Adapter Control Storage Incr. 1, Control Storage bier- 2 Cabling Below ' F loon Console Address 101F" 1403 Mdl N1 SpecW 3333 Attachment 333013333 Mod-11 Attach Integrated Comm 'Adapter Synch: Data Adptr_ H Line 1 Modem Clocking Line Pos _ I Additional Line ,° 2nd Synch. Data Adptr- II Line. 2 Modem Clocking Line POs- 2 Additional Line - 3rd Synch. Data Adptr_IL Line 3 .Modem . Clodking Lim Pos_ 3 Additional Line -4th Synch. Data Adptr.. It Line 4 Modem Clocking Line Pos_.4: Additional Line - 5th Sunch. Data Adptr 11 Line 5 Modem Clocking Line Pos_ 5 Power 208V 60HZ 3 Phase` Blue Covers Power Unit Blue Covers Cabling Below Floor Power 208V 60HZ 3 Phase Console Printer Keyboard Pin Feed Platen 13 1/8" - Power 208V GOHZ I Phase • CITY OF COMS.CHRISTT f TY OF CORPUS CHRISTI 3145 / BIN'T506h8 ' Corpus Christi,Texas l i Page, 6 bNIT MDL1FC DESCRIPTION Attachwnt "W1 3145/192 PROCESSING WIT 1001 Advanced Control Program Support: 1421 Block Multiplexor Charnel _ 2001 Cloek Comparator 2152 E%panded Control Stoze 3621 Emergency Power Off — 2 Switches 3910 Floating Point 4457 1401%144011460 Compatabilitj' 4660 Integrated Storage Control _ 4953 128 Byte Multiplexor Subr2L=rtels " 63-U Register Expansion . 6982 Selector Channel — 2nd 6983 Selector Channel — 3rd 7855 3235 Adapter 8810 Word Buffer 9043 Blue Covers - 9080 Cabling Below Floor* - - 9101 Console Address '01F' _ 9318 3350 DASD.Attachment - - 9522 Block Multiplexor 512 BCFTS - 9570 Non Use of Retain 9824 Console Table Rigbt 9903 Power 208V 60HZ 3 Phase - 8740 Virtual Machine Assist 1005 APL Assist t _ Pwx or Colipus aniSTI ( ( 111*1505/7g Corpus Christi,Tezas page T 3047 001 Power Unit ATTE' M 'n' Continue 9903 Power 208V 60 HZ 3 Phase 9080 Cabling below Floor - 2321 002 Control Unit 3615 1100 T_PM Printer Adapter 9043. Blue Covers 9262 Attach 1403 Model N1 9903 Power 208V 6052 3 Phase._ 8637 Universal Character Adapter " 3215 Model I Console Printer 9902 208 Volt 9162 126 Print Positions 13-118 Hole to Role _ 2 . • CITY OF CORPUS CHRISTI 'CI BiD,"T506[7g Corpus Chri ti Tcx p' ATTACIIidEPIT QUOTATION �_ PUMIIASE OF INSTALLED IWI' PLt '.�@iES d P-°e P- E DESCRIPTION MODEL SEPSAL SO _ PURCIFASE PPZCE 1 =03 Printer Ni 33406 25,863 3505 Readar E2 21346 31,540. 3525 Punch P3 12173 21,98$ 33133 x Disk 11 112996 42,312 3330 * Disk 11 26746 33,236 3330 Disk 11 11241 - 37,373• 3330 Disk 11 - 30032 35,947 • 3277 Terminal 2 B7843 2A69•- 3277 Terminal 2 1;7844•- - 3277 Terminal 2 C71SQ 3277 Terminal 2 70622 2,fs69t 3284 Printer 1 5590% - 3284 Printer 1 55250 2,127 3284 Printer 2 5525L - 3284 Printer 1 54145 2,715+ 3275 Terminal 2 8380% 3,325 3775 •* Printer 1 100691 11,534. 3286 Printer 2 80543 - 3,358 3271 Controller 2 10685 - 3,063L _ 3271 Controller 1 - 20165 3,292 3704 Communication Al _ 30870 41,391 Controller _. 3803 Tape Controller 1 MD= 23,670 3420 Tape Drive 3 - IC= _ - 7.6,950 . 3420 Tape Drive 3 >x 16,9501 3272 Controller 2 36383 5,627 O-ITY Or COMIUS CHRISTI Corpus Chri .ti,Texas ATTACIRENJT 'C' Conti-nuccl pie QUOTATION FOR PUPCFI.NsE OF INSTALLED IB%I PL• \CHINES TYPE DESCRIPTION MODEL SERIAL N0. PURMASE PPS CE 3271 Controller 2 24529 5�Og2 3271. Controller 2- 25U.1 4530 3277 Terminal 2 E0033 3 =679 3277 Terminal 2 3727 -T 3,467 3277 Terminal 2 J7228 = 3,467 3277 Terminal 2 37229 = f 3.461 3277 Terminal 2 J723L 3517 3277 Terminal 2 J723' 3277 Terminal 2 - 74923 .3666 3277 Terminal 2 74944. `l _ 3,.666 Bidder should note that these items are leased fxona XBu- The 7.easer agreement contains a penalty provision stating that the Lease xs cancelled prior to the expiration date,. the penalty- prorlslou VI • apply unless the purchase option is exercised- - 7f tias bidder elects not to. purchase these items the penalty amount must be• fucluded In the Net Purchase Price of the associated Item- Type/Serial Plan Expiration Date - o 3330/11241 ETP 1,739.00 02'/09%19 3330126746 ETP 1,739.00 03./07/79 3333/42996 MP 2,065.00 01/07/79 - 3330/30032 ETP 1,739.00 06117/78 3775/10069. ETP 435.00 Os115/78 1403133406 SLCLP 908.60 1110418Z All other equipment is on month to month rent- 2 CITY OF. COMS CHRISTI t � R1Djh j06%7G _ Corpus Christi,Texus Attachment 'II' Page 10 DETAIL CONFICUPKKIOY FOR COMMUNICAUMT CONTROLLER TYPE MODEL DESCRIPTIO.45 QUA'n= 370 Al COZL-kulicatioas Controller 1 4714 Line Set Type ID 3 4701 Line Interface Base Type•3. 2 1642 Co =unicatioa Scanner Type- 2 Z 3600 Expansion Feature X - 4650 Business Machine Clock Z - 1541 Channel Adapter Type 1_ .9090 Co=unication SraaaerEspays£onE 3- 9606 134.5 BPS Specify- 9902 208 Volt - 9080 Below Flooring Cable_ Z - 9043. Blue 9511 LIB Position deslgoatnr - 7 7-T 1-73 -7 13 U." W-2- ...,i � vl�i• ; l ' L I ( ( i i ,ICI I I 1 i _ I k l � ( H4 -L-':d Li r 4 T F C-1 now w T F C-1 Corpus Ch_:sti,Texds ' NET ease La CT'g, CTIVE MONTHLY CURRENT' U ITEM QUIP. TYPL'_ MODEL - - DrSCRIPTYON - UAQ NTITY PURCHASE 60 MO, ' INTCRCST LEASE MONTHLY . 'r PURCHASE ELL-COST PRICE, ' INTERI ST RATE -PRICE - A 1 IBNH 3145 1112 Processing -- Units B 1 IBM 3704 Al. eommunicatida 1 - - Controller `. • 2 IBM 3333 11 Disk Storage/ ----- ,. Control ° ' 3 IBM 3330 it Disk Storage 3 - 4 IBM 1403 N1 Printer. 1 5 IBIS 3505 B2 Card Reader 1 .e_. ' 6 IBM 3525 P3 Card Punch 1' 7 IBM 3903 001 Tapo Contrller 1 S IBM 3420 3 Tape Drive 2 9 IBM 3775 Pl Terminal 1 ' ^. 10 IBM 3271 7 Control Unit. 4 11 IBM 3272 2 Control Unit 12 IBM 3275 2 Terminal w /4633 l Keyboard 13 IBM 3277 2 Terminals w/4633 30 r------ -- ----- Keyboard 14 IDpt 3284 2t Printer 2 ...,.�, .� -.... —. -- - -.--- e15 IBM 3284 1 Printer 3 ' , ,� 10 IBM 3286 2 Printer CITY Or 003°t7s Omen Page 13 Coroy,,,�Christi,Texas - 66MT1WL15 tit TABDUTIM SpER'P. ' ' NL9' wtbN'.Y CURRRNTTHLY CROUP TYPE fODEL Well? ITC�� LQUrP �`__.•, .r._. .�.�' UANT ' URF�,, GIinSL 60 Mo. IftREST LLnsh'. YNTEM,$T' RATE PORCi{nSE PRICE . pi0N'1'IiLY PM1T COSC C 1 IBH 3287 2 Printer 1 --- ..�•. -� 2 =M 3350 A2 Disk storage 3 IBM 3420 3 Tape Drive 1 ,:..._. �—•-.: BIDDERS OPTION ON LeIdSTING IBM 3135 CPU Option A: Assume total monthly payments through July 31, 3.978 on IBM 33.35 amounting toA 63,514.10. Option B: Bidders purchase price for IBM 3135 CPU currently installed at City. $ k See Attachment 'D' for detail configuration DATE,-'-. BCDDER SY CITY OF CORMS C?•r.RYMI B107506/7a co Christi,Texas CONT7CNUfiD BID TABULATION SftEfiT' Page 1�+ SUMARY DATA SHEUT NET MONTHLY CURRUTLY i. tern URCHASE" 60 MONTR. LEASE MONTHLY ' PRICE- _ YNTfiRfiS-T_ PURCHASE PRICts 1tANL —COST •• I Total Vor Group 'A' II Total for Croup III Total For Group 'C' - - -. IV Total For Groups As B, & C Corpus Christi, Texas day of / /�."/' TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter.rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, The Charter Rule was suspended Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample THE CIjY OF COgW§,0RISTI, TEXAS te: 142(n, :e: