HomeMy WebLinkAbout14207 ORD - 03/01/1978ikh:2- 28 -78; 1st {
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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
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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.
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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
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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-
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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
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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
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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.
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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:
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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
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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.
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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: