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Home My WebLink About14220 ORD - 03/08/197816 JKH:vp:3 /$/78:1,st. 0 ._ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SYSTEMS MARKETING, INC., OF PHOENIX, ARIZONA, FOR THE LEASE PURCHASE OF ADDITIONAL PERIPHERAL EQUIP- MENT FOR THE COMPUTER IN THE DATA PROCESSING DEPARTMENT, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTAN- TIAL 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 Systems Marketing, Inc., of Phoenix, Arizona, for the lease purchase of additional peripheral equipment for the computer in the Data Processing Department, all as more fully set forth in the con- tract, 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 applicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution 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 ACC DINGLY SO ORDAINED, this the a day of March, 1978. ATTES : Ci-fSr Secrefffary - MAY APP R ED: THE CITY F US CHRISTI, TEXAS _� DAY OF MARCH, 1978: J. BRUCE A OCK TY ATTORNEY BY : MICROFILMED Assistant Ci ty vney 'JUL UG 0 17 19 14220 • LEASE OF DATA PROCESSING EQUIPMENT WITH PURCHASE OPTION THE STATE OF TEXAS Q COUNTY OF NUECES THIS AGREEMENT is made between Systems Marketing, 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, Nueces 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 (60) 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 UAQ NTITY MANUFACTURER C 1 IBM 3287 2 Printer 1 IBM 2 IBM 3350 A2 Disc Storage 1 IBM 3 IBM 3420 3 Tape Drive 1 IBM L- -)(/v W 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: Group Item No. C 1 Payment No. Rentals (Including Interest) (Total Payment) $138.00 $38.50 138.00 37.87 188.00 37.04 138.00 36.61 138.00 36.06 138.00 35.51 138.00 34.96 138.00 34.40 138.00 33.84 138.00 33.28 138.00 32.68 138.00 32.12 138.00 31.56 138.00 30.98 138.00 30.36 138.00 29.76 138.00 29.16 138.00 28.56 138.00 28.05 138.00 27.46 138.00 26.86 138.00 26.26 138.00 25.66 138.00 25.06 138.00 24.43 138.00 23.83 138.00 23.23 138.00 22.58 138.00 21.95 138.00 21.32 138.00 20.69 138.00 20.06 138.00 19.43 138.00 18.80 138.00 18.13 138.00 17.48 138.00 16.83 138.00 16.18 138.00 15.53 138.00 14.88 138.00 14.23 138.00 13.51 138.00 12.83 138.00 12.13 138.00 11.43 -2- 0 -2a- (Including Interest) $10.73 10.10 9.33 8.58 7.85 7.31 6.60 5.89 5.17 4.45 3.73 2.80 1.87 0.94 0.00 • (cont'd) Group Item Payment Rentals No. No. (Total Payment) C 1 46 $138.00 47 138.00 48 138.00 49 138.00 50 138.00 51 138.00 52 138.00 53 138.00 54 138.00 55 138.00 56 138.00 57 138.00 58 138.00 59 138.00 60 138.00. TOTAL PRINCIPAL $7052.57 TOTAL INTEREST 1227.43 TOTAL AMOUNT 828 . -2a- (Including Interest) $10.73 10.10 9.33 8.58 7.85 7.31 6.60 5.89 5.17 4.45 3.73 2.80 1.87 0.94 0.00 • • Group Item Payment Rentals (Including Interest) No. No. (Total Payment) C 2 & 3 1 $1,653 $460.00 2 1,653 454.00 3 1,653 447.00 4 1,653 441.00 5 1,653 434.00 6 1,653 427.00 7 1,653 421.00 8 1,653 414.00 9 1,653 407.00 10 1,653 401.00 11 1,653 394.00 12 1,653 387.00 13 1,653 380.00 14 1,653 373.00 15 1,653 366.00 16 1,653 359.00 17 1,653 353.00 18 1,653 345.00 19 1,653 338.00 20 1,653 331.00 21 1,653 324.00 22 1,653 317.00 23 1,653 310.00 24 1,653 303.00 25 1,653 296.00 26 1,653 289.00 27 1,653 281.00 28 1,653 273.00 29 1,653 265.00 30 1,653 258.00 31 1,653 251.00 32 1,653 244.00 33 1,653 237.00 34 1,653 230.00 35 1,653 223.00 36 1,653 212.00 37 1,653 204.00 38 1,653 196.00 39 1,653 188.00 40 1,653 180.00 41 1,653 172.00 42 1,653 164.00 43 1,653 156.00 44 1,653 148.00 45 1,653 140.00 46 1,653 132.00 47 1,653 124.00 48 1,653 116.00 49 1,653 107.00 50 1,653 98.00 51 1,653 89.00 52 1,653 82.00 53 1,653 73.00 54 1,653 65.00 55 1,653 55.00 56 1,653 44.00 57 1,653 34.00 58 1,653 24.00 59 1,653 14.00 60 1,653 0.00 TOTAL PRINCIPAL $84,330.00 TOTAL INTEREST 14,850.00 TOTAL AMOUNT 99,180.00 -3- 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. 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, purchase, possession or use thereof. Should the legislative body of the State of Texas or any local govern- mental 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 considered 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 require- ment. 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 assessment 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 government 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 -4- in leasing 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- • 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 1/2% 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. Leaseback of Presently Installed Equipment. Should Lessor's bid in response to said Bid Invitation be based upon Lessor's purchase of the data processing equipment which the Lessee presently leases from IBM, Lessor may utilize the Lessee's accruals in making said purchase from IBM. 9. 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 nonapproprta- 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. 10. Consultant. Lessor will supply consultant for planning and installation for the new computer equipment 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. 11. 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. 12. Notices. Notices provided for herein shall be sufficient if sent by certified United States mail, addressed as follows: TO LESSOR: Systems Marketing, Inc. 200 East Thomas Road Phoenix, Arizona 85012 TO LESSEE: City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78408 -5- 13. 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 assigns, 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. 14. 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, repair 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 located to check or inspect the equipment. 15. 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. 16. 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 -6- without suit, or hindrance from Lessor except as expressly set forth in this 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. 17. 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 accept- ance of the equipment, Lessee shall provide evidence to Lessor of comprehensive 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. 18. 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. 19. Transportation. The Lessor shall be responsible for all trans- portation charges relative to the shipping of equipment to Lessee's location. 20. 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- 21. Delivery. Lessor will assume the Lessee's delivery position with IBM on Items 1 and 2 of the Group C equipment. Lessor will deliver Item 3 no later than thirty (30) days after this agreement has been executed. 22. 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. Ila 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 (Systems Marketing, Inc.) 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 appropriation for payments under this lease was made by the City Council of the City of Corpus Christi. 23. Lessee Default. Any of the following events will constitute an Event of Lessee Default under this lease: 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, condi- tions, agreements or warranties of the lease and such failure continues 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. 24. 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: -8- 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 coste associated with Lessor's regaining possession of said equipment or enforcement of the performance of this contract. 25. 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 b) Delay in delivery of any and all equipment after expiration of the last extension of the delivery date by Lessee; or c) Failure to install, or failure to properly install any and all equipment within a reasonable time, not to exceed five (5) days after delivery of all of the equipment; or d). Failure of any and all equipment to operate and perform satisfactorily within a reasonable time, not to exceed five (5) days after delivery of all of the equipment; or e) 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 f) Failure of any and all equipment to be accepted for mainten- ance by IBM within a reasonable time, not to exceed five (5) days after delivery of all of the equipment; or -9- g) Failure of any and all equipment to meet the specification requirements set out in Bid Invitation No. 7506/78; or h) Failure of any and all equipment (except equipment which is presently leased by Lessee from IBM but which will be purchased from IBM by Lessor and leased back to Lessee) to operate and perform satis- factorily due to latent defect or design defect of the equipment. 26. 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. 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. 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 -10- 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. SYSTEMS MARKETING, INC. ATTEST: Secretary ATTEST: City Secretary APPROVED: DAY OF 1978: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Director of Finance M LESSOR CITY OF CORPUS CHRISTI, TEXAS By R. Marvin Townsend, City Manager • IN J fprm 5 (Rev. 3175) CIS.' OF CORPUS CHRISTI PURCHASING DIVISION CORPUS CHRISTI, TEXAS DID INVITATION ' 0 ........... ............................... ............................... ...................... ................................................... ............................... THIS IS NOT AN ORDER ................................................. ............................... {ease quote as per instructions indiCated below fur the articles Ses:ribcd. lli:l> must be submitted on our forms to beoonsuered_-this iaignfry is fm dupticate: d.dnal must be returned to us properly filled out. Duplicate to be retained by you. charges will be allowed for packing or cartage. uatations must be is this ofl ice by .11.- $ : :a. T.ues f!mr p. Januml..10, 19T8 �tI:7At2ViS;�lt:, PurclasindAgene. PLEASEIPIARK YOUR ENVELOPE SE PURCHM $RO�aL -R DATA PROCESSING SO YOUR BID RILL NOT BE OPENED UNTIL THE PROPER TINE •�=QUIF �'"IT (Sealed bids to furnish the following will be received in the office of the. City Purchasing Agent, 321 U. Mesquite Street, 2µd Floor Weber Building, up to end including 71:00 a.m., Tuesday, January 10, 1978, and opened immediately thereafter in the Council. Chambers. LEASE PTRCHASE PROPOSAL FOR DATA. PROCESSING EQUIFiE1tlT PM FOLTrOTMG'GR0DMr A - CURIAL PROCESSING WIT (CPU) B - EKISTING PERIPHERAL EQM'b= C - ADDITIONAL TERTPRRRAL EQUIRMa as per specifications and Data Sheets attached hereto and made-a pall; hereof- AWARD will be made by Group with all items in each Group to be, purchased frcni one supplies_ Do not submit a.bid on a Group unlesa- you-bid on'all•itemp in that Group- OEM OR 4•tISCELLAHEODS CRAG - Prices shown must include all other charges involved such as incoming freight, plauming,relocsticn, shipping insurance and penalties for premature icancellation or existing ICI Equipment Long Term Lease Contracts: BIDDER PURCHASE OPTION - If Bidder Purchase Option on the 3135 Central Processing Unit is less than 19T, 53.00 this difference must be included in the miscellaneous cost which will be included in the net purchase 'price for Item 1, Group A. W04-4TUBE CANCELLATION CHARGES - All Premature Cancellation Charges - involved in the finax contract will be invoiced th the Bidder by the City. These payments will be due imnedie:ttee7.y on receipt of the invoice. . BID SECURITY - Bidder must furnish with his proposal, as bid security, a Cashier's Check, (CertiIfied Check, Money Order, or Bank Draft in the amount of . $1,500 .00 . Such Bid Security will ba returned via registered mail after 48 hours have elapsed from the time bids are opened, with the exception that the Bid Security of the three lov bidders, Will. be retaine4 CODITINUEO ON SAGE 2 "Conflict of internal: Any member of the Council, officer or employee of the City is prohibited by the City Charter Its becoming interested deeeOF e indirectly in any contract or purchase by tka City.' ' If delay In delivery as specified an thus Pawl= D foreseen, supplier shall sive written notice to Parchamy office Immediately. The City 1133 the *h1l'to extend taut delivery data ffreasons appear valid. Supplier must keep the City addsed at all times of the status of order. Default In promised delivery (Without accepted reason) or failure to meet specMcations, authorizes the City of Corpus Cluistl to purchase material etsewhere and °huge fOU increase In cost *pd band ft to tlw dafaulting supplier and atold also be reason for Cancellation of the Purchase order(at no expense to tho city) rY the Crap of CorpasChtfsti deans it nee -mmy. - - The City resary s the r1 ht to reject any or all bids, as well as the right to determine the most advantagcousbid. To: — CITY OF CORPUS CHRISTI PURCHASING DIY1SIMN Corpus Chrittti,Tx We quote you as above F. O. B .:.......... ............................... Shipment will he rnade.r___—....—days from tecelpt oforder_ ' Ternis .......... .. .... .......... . ............... . ...:........................... .. .............. ....._ — PRO'= Date .... ............................... By« ........ .. ....... ..... ..- •It shall be understood that cash to term discounts shtaQ be based on payment svlthfn a specified tima from data mateeirl 1%zernhed and not tsomdateef inroica - - e ( INSTp.U:TIMS TO BIDYRS �- - - Envelopes containing bids art be sealed and narked in the upper left -hand comer with the n . and address of the bidder, lea iflcations of the invt W[ ions.. and the date and hour of opening shall be shorn in the lower left -hand corner. Bid; should be filled out in ink, indellble pencil, or typerrlter. Bidder should show total -.wmt tidon last shoat an which a bid is entered. CORp•ECTIONS: Erasures or changes on, the bid sheets must be Initialed by the person signing the bid, or explained aver iFa'bT-de—rs signature. St NATURE TO BI 05: Each bid must give the full business address of the bidder and be signed by bin vltr his us"T slgneture. hfds by partnerships must shoo the full partnership we and be signed by one or the members of the pw-ber- ship or by an authorized representative with the designation of the person signing. Bids by eorporatitwhs or eampenie^s, rent show the legal name of the eorporatioi or cocpany and be signed by the president or other persons authorized to bind It in the matter, with his designation. The nzxe of the person signing shall also be typed or printed below his signature, 11` the bid is signed in a rapaci ty other than an individual, partner, owner. or as president, vtee•presidmt. secretary, or treasurer of a company, or corporation, satisfactory evidence of the authority of this person signing, in behalf of the principal should be furnished with the bid, unless such authority has previously 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 meet sh04 the bidder's atare. which tally be manually signed, typed, printed, or stac;td. MKiNG AND NAILING OF BIDS: Bids, with their guarantees, oast be securely sealed in suitable eavolopes, addramerJ and 'marked w the outside as required by the invitation. Bids with Insufficient postage will not be aeepted. Bids (including do it or bond when required) mint be mailed in sufficient time to arrive and be in the herds of the City Purchasing Agent. prior to hour fixed far the bid opening. Late bids will he returned ... they. cannot be considered. WITHDR=E OF BIDS: Bids may be withdrawn on written or telegraphic request received fm bidders prior to the times fixed for open rag. 1WIgence on the part of the bidder In preparing the bid confers no right for the withdrawal of the bid'. - otter the hour fixed for tine bid opening. - GENERAL SALES TEMIS MO Cibi0I1I005 INSPEer7 k Bidden are invited and urged to inspect the property (when applicable) prior to stbaitting bids. Property - Il be available for inspection at the places and times specified In the Invitation. .Tba City will moths obligated to furnish any labor for such purpose. In no case will failure to inspect constitute grounds fora claim or for the vitb- drawal of a bid after opening. M' SIDER,gT p OF BIDS, The City reserves the right to reject any or all bids, to waive any tedhnical defects io the bids, as un ass otherwise spp��tfled by the City e, by the bidder, to accept any one item or group of items in the . bid as CW be 10 the best lnterest•of the City. Unless otherwise specified, bids must by submitted on the basis of the twit: spaclfied for the item in the Invitation, and bids may be submitted an ary or all Items. In ease of error in the extensfar6f prices- In the bid, the unit prices will govern. - 810 GUARANTEE-- The biddar agrees that the bid will not be withdrawn within 60 calendar days cent 101104/09 the, date oi' - -open rag un ess a different period be specified by the bid notice), and will during that time remain firm and irrevocable. _ If a bid deposit or bend is- required, the bid mast be accompanied by same. In the event of aV dafault by the bidder or any failure by the bidder to comply with all term and conditions of this contract, the deposit or bond smads by the bidder may be forfeited to the City as Tiquidated dsages. Oaposits on rejected and/or unsuccessful bids will be returned to, bidder by mall. r • AO3UST?W FOq VARTAT%l IA OUAt1TITf OR WEIGHT: Any variation between the quantity or weight listed for any item and the.- _ q� sug or� sec o so teo ten or des ivered to the City will be adjusted on the basis of Ure snit prim quoted VttERMLebFODIFICRTIMS: Any oral statement by'any representative of the City modifying or ehangiag aipr munch IlMs of this contract. is an repression of opinion only and confers no right upon the seller. - DISPUTES:. Except as otherwise specifically provided in this contract, all questions of fact involved in disputes arising - under is contract shall be decided by the City, whose decision upon Md facts shall be final and conclusive apo0 the parties, subject to written appeal by the Vendor within thirty (30) days to the City llwger or his duly authorTrad representative, whose dadsion on said facts shall be final and conclusive upon the parties hereto. In Use memmtto . the Vendor shall diligently proceed with performance. IE��FI�iITTIQ��US: (a) The term 'bus -duly authorized representative' shall mean any person or parsons. other than UM contractim of�tharixed to act for him, or any board sbt up in accordance with regulations bad empowered to act. (he term officer' as used herein shall include his duly appointed satceisur and bus duly authorized representative. EQUAL OPPORTlOiITY EHPLOTER: Every contractor mat agree that, during the perfartmante of its eaotraet, it villa (a) Treat all applicants and employee without discrimination as to race. color. re1491180. sex. or national origin. -- (b) Identify itself as an equal opportunity, employer in all help wanted advertising or yequests- - The contractor to hereby advised that any complaints filed with the -City alleging that a contractor is not an equal - opportvnity employer during. the 6 months preceding the date of receipt of bids will be referred to the Raman Relations - Caahlaslo0, through its Human Relations Adalnistrator, for the purpose of ravier and recott:endation. Tae report of the Human Relations Commission will be transmitted to the Purchasing Agent or the Director of Public L•orits who w111 of a- strnmary of such report with any future bid card recommendations for which. Use contractor is a bidder. and bring to the - attention or 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 Haman Relations Administrate, will 1`01194 cup any such report and bring to the attentions of the Commission any further action by the contractor which would include that the findings of the Commission should be modified. Any such modified findings of the [omission will be eelivared to the Director of Public Works or Purchasing Agent with a copy to the contractor and be include in any future bid arard reeotm odations. The City Council reserves the right to consider such reports in date mining thChest bid and to, an the basis of such repot terminate any portion of a contract for which works orders or auUwrl ties to deliver have not been issued_ Nowaver, the contractor is specifically advised that no equal opportunity employment complaint will be the basis for caocallatfcu of any contract for which authority to deliver has been granted or a work order Issued - ASSIUMUT OF CMTRACTS: Ito contract ararded as a result of this contract may be sublet or assigned without prior approval - of the City. AD BIDS MARGED 01 DATE OR_ORT THEE ARE OPEIiED. ALL BIDS SHALL BE TABLED FOR A RMIMM OF FORTr -EIGHr (48) KQURS.� • • C}TY 'DF CORPUS CE[RIM ` BMMO6178 Corpus Christi,Texas Page L1 BID SECURITY Cont'd until such time 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 Bond. For additional information contact T. M. Jarvis, Jr., Purchasing Agent, Purchasing Division, Prone (512) 884 -3011, ext. 362, 302. Bidders are invited to attend bid opening at the time and date mentioned on previous page, in the Council Chambers, lst Floor City Hall, 302 S. Snorelim Blvd. DATE BIDDER BY • CITY OF CORRUS CIMI9il ' Corpus Christi,Texas l BID#7506176 Page 2 The City of Corpus Christi, Texas, 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 for a period of 60 months, subject to annual budget appropriation,, and vrtthout penalty for non.— appropriation. • The City must also have the ability to upgrade any of the data processing equipment during this 60month period without any penalty, and with e532 payments of principal, on these items of equipment, by the City to be applied toward the financing of.the.upgrade. The City shall have the right to prepay the oaC- standing balance of any or all of the equipment without pena3.ty. The bidder can base its bid on the option of buying the equipment currently installed at the City;. or purchase equal or better IBM hardware from the market_ place where the price difference will benefit the Cityt All hardware must Meet specification requirements which will allow IBM to performs maintenance on the hardware. With regard to the currently installed IBM 3135 Central 'Processing Unit (CPU), the bidder has the option* to purchase the remaining balance of the.pur- chase agreement with IBM or the bidder must obligate itself for the monthly payments oa the (CPU) through July 31, 1978. Under the present CPU purchase plea vni.th IB_ *1, the City has purchase balance of $197,453 on the IBM 3135 as of January 1, 197$. See Attachment "A7. for a detail breakdown of this hardware configuration. The bidding party0s option in this regard shall be stated on the bid tabulation sheet. CITY. OF CORPUS CHRISM BIl3fr(5� /78 "Corpus Christi,Texas r Page 3 A. a attached bid form must be used. Bidders will note that the bid fours includes three separate groups of items on which bids may be received_ Bidders may bid on any one or core of the three groups of bid items_ Award will beutade by group with all .items in each group to be purchased .`ro=c one supnllar_- Do not: submit a bid on a group unless•you bid on all items in that group_ Any substitutiioa of the equipment with regard to manufacturer Est have written approval prior to bid opening or the bid shall be considered un2cc_pt- able. Selection of substitutes will be judged upon, perfcrnence, software, eompatability, service reliability, service availability, service respaasL time, and cost of software conversion if applicable_ _ See - Attachment "C" for a list of equipment currently- installe& at that City along with its current pur- e-ase price as of December 1, 7.977. The Udder should note that items designated by an asterisk C- on attach tints "C" are 1-teas -Bader lease from IBH. The IBH lease agreement contains a penalty provision stating that if the lease is cancelled prior -to its expiration date, the- paa0my provisions will apply unless the purchase option is exercised. Bids ere to specify 60 months lease- purchase only. The•.first monthly pay- - meat will be due 30- days after installation is completed -and 0per2tionacl. Bids crust include any cost. associaied with the planning an& relocating of the computer and its related equipment to the new hardware configuration. (See attachment "E" for hardware layout'.) Bidder is to supply a consultant for plan- ning and installation for the new computer, including air conditioning, power, and location. The consultant must be available for at least five or amore days before and during the installations. -CITY OF CORPUS CHRI3rI Corpus Christi,Texas page 4 All parties who participate in this proposal must post a $25,000 perfor- mance bond to insure that all machinery will be installed and operational on or before February 28, 1978. Deviation from this schedule must be approved prior to bid opening. Bids are to be submitted to Mr. T. M. Jarvis, Purchasing Agent, City of Corpus Christi, no later than January 10. 1978 11:00 a M. _ MU BIDDER - BY 3 CITY Or coRajs CHmn (( BTDR506IT$ Cbrpy1s'Christi,Texas ATTALMENT 'A' Page 5 370/135 FEATURES I00 1421 1431 2001 3900 3906 4457 4655 4670 4672 6991 7855 7861 7862 9080 9101 - 9188 9313 9316 4640 9649 9609 4722 9650 9610 •4723 9651 9611 4724 9651 9612 4725 9653 9613 9903 9043 3215 Modell 001 9043 9080 9903 3046 Model 1 001 9162 9902 Processing Unit (512K) Block MPX Channel Shared Subchannels Clock Comparator Floating Point 128 Byte MPX Subchannels 1401/1440/1460 Comp. 3330/3340 IFA IPA Basic Control Int. 1403 Prt. Mdl 2,N1 Selector Channel, First 3215 Adapter Control Storage Incr. 1. Control Storage Incr_ 2 Cabling Below' Floor Console Address '011' 1403 Mdl N1 Specify 3333 Attachment 3330/3333 Mod.11 Attach. Integrated Comm. -Adapter Synch. Data Adptr. II Line 1 Modem Clocking Line Pas. 1 Additional Line - 2nd Synch. Data Adptr. II Line 2 Modem Clocking Line Pos. 2 Additional Line - 3rd Synch. Data Adptr. II Line 3 .Modem ,Clocking Line Pos. 3 Additional Line - 4th Synch. Data Adptr. It Line 4 Modem Clocking Line Pos. 4 Additional. Line - 5th Bunch. Data Adptr. H Line 5 Modem Clocking Line Pos. S 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 1/0" Power 208V 60HZ 1 Phase • r CITY OF CORPUS:CHRISTI fF TY OF CORPUS CHRISTI 3145 f F t BIIr.u7506/78 Corpus Christi,Texas page 6 JjNIT MDL /FC 'DESCRIPTIOY /[ttachment Iran ° 3145/192 PROCESSING MT IOD1 Advanced Control PrograatSupport- " 1421 Block Multiplexor Chacmel 2001 Cloc'r. Comparator 2152 Expanded Control Store 3621 Emergancy Poser Off — 2 Swltche- ° 3910 Floating Point - 4457 1401/1440/1460 Compatability - 4660 Integrated Storage Control - 4953 '128 Byte Multiplexor Subcbannals: 6111 Register Expansion _ 6982 Selector Channel — 2nd - - 6983 Selector Channel — 3rd _ 7855 3215 Adapter 8810 Word Buffer 9043 Blue Covers 9080 Cabling Below Floor' 9101 Console Address '018' _ - 9318 3350 DASD Attachment - 954 Block Multiplexor 512 UCV; 9570 Non Use of Retain 9824 Console Table Right 9903 Power 208D 60HZ 3 Phase 8740 virtual Machine Assist 1005 APL Assist 9IT3 Or CORPUS CHRISTI ( BIU#7506/78 Corpun Christi,Texas Page 7 3047 001 Power UnitA' 'B' Coniinuec 9903 Power 208V 60 H2 3 Phase 9080 Cabling below Floor 2821 002 Control Unit 3615 1100 LPM Printer Adapter 9043 Blue Covers 9262 Attach 1403 Model KI 9903 Power 208V 60H2 3 Phase. 8637 Universal Character Adapter 3215 Model I Console Printer _ 9902 208 Volt 9162 126 Print Positions - 13-1/8 Hole to Hole , 2 _ • CITY OF CORPUS CHRISTI BMOrT506/78 Christi Cox us Tex ATTACIMENT 'C' Corpus Christi, Tex �_ PURCLLASE OF INSTALLED IBN MN -.—'.ES Page 8 n.-PE DESCRIPTION MODEL SEFSAL NO _ PURCUASF PRICE 1=03 Printer N1 33406 25,863 3305 Reader E2 213116 31,540 3525 Punch P3 12173 21,989 3333 x Disk 11 42996 42,311. 3330 Disk 11 26746 33,276 3330• Disk 11 11241 37,375 . 3330 * Disk 11 30032 35,947 •3277 Terminal 2 B7843 2,469 3277 Terminal 2 878443 -- _ 2,469, - 3277 Terminal 2 C71W 2,469 3277 Terminal 2 70672 2,469 3284 Printer 1 55909 2,134 3284 Printer 1 55250 2,127 3284 Printer 2 55251 2,821. 3284 Printer 1 54145 2,254 3275 Terminal 2 83808 3,325 3775 •* Printer 1 10069 ",53 3286 Printer 2 80543 - 3,358 3271 Controller 2 10685 _ 3,061 _ 3271 Controller 1 20165 30292 3704 Communication Al 30870 41,391 Controller _ 3803 Tape Controller 1 23,670 3420 Tape Drive 3 ]O= _ :16,950 3420 Tape Drive 3 xxxxx 16,950 3272 Controller 2 38383 5,627 • CITY OF CORPUS CHRISTI ! \ BIDR506178 Corpus Christi,Texas ATTACMENT 'C' Continued Page 9 SCOTe \YIOV FOR PURCHASE OF INSTALLED IBM ii• \CHIlgES TYPE DESCRIPTION MODEL SERIAL No. PUPCrLASE pp3CE 3271 Controller 2 24529 5,092 3271. Controller 2 25143 4,530 3277 Terminal 2 E0033 _ 3,679 3277 Terminal 2 J7227 3,467 3277 Terminal 2 - J7228 3,467 3277 Terminal 2 ,17229 3,467 3277 Terminal 2 J723z 'f - 3,517 _ 3277 Terminal 2 J7232 3,517 - %� 3277 Terminal 2 74973-/ 3,666 3277 Terminal 2 74944 V 3,666 * Bidder should note that these items are leased from IBM- The lease agreement contains a penalty provision stating that If the lease is cancelled prior to the expiration date,. the penalty- provisioa.rsil7- apply unless the purchase option is exercised.- Tf the bidder elects not to. purchase these items the penalty amount must be included ia. the Nei Purchase Price a£ the associated item - Type /Serial Plan Penalty Expiration Date 3330/11241 ETP 1,739.00 02,109/79 3330/26746 MP 1,739.00 Ol/07/79 3333/42996 ETP 2,065.00 01107/79 3330/30032 ETP 1,739.00 06117/78 3775/10069 ETP 435.00 06/15178 1403133406 SLGLP 908.60 12/04/82 All other equipment is on month to month rent. - 2 CITY OF. CORPUS CHRISTI � � BID/h5o5 178 Corpus Christi,Texas Attachment 'D' Page 10 DETAIL CONFICUPUION FOR COM- IMICATION CONTROLLER TYPE MODEL DESCRIPTI02+5 QUANTrrr 3704 Al Co.IMunicationa Coatroller 1 4714 Line Set Type 1D 3 4701 Line Interface Base Type ? I 1642 Cosmunication,Scanner Type 2 ?, 3600 Expansion Feature _ 2 . F 4650. Business Machine Clock 3 - 1541 Channel Adapter Type 1 9090 Communication Scaana - Expansion. I 9606 134.5 BPS Specify- 9902 208 Volt 1 9080 Below Flooring Cable - ) _ 9043 Blue 9511 LIB Position designator 1 I -.. , t. .'. .I•' !.�wY.. •I � � + �', �� " Q �v.� � d v� d �' �age�ll. � 1 I i I 1 I I i I I �� ii i i ,� I I 'I ,.:.�.; G � . /�iLr �j / �1Yi.� l.• lr�+ � r_ ..:+: •.—� _ l;� .. +. I I I I, J •I I +� t+ ; I . _ _• i 1 � I� 1'�. _ ( I .i ..�_ � . { ..,....ir.�. ! l `_�- • I{'q o � -.:.I, � t . ; �_, I i I twIl-' - i_tiw .-� , , .ir �...n ;__ ' � r ' .> 1��1..-�q.I; . �. .: ,. ..o..:�.b.i%,�.t, �. T .7� . 1u .. � I ; t ` + . tj- • . `... . I �. :" 'i I i...� qi . . � l I —• I I _�.r I •► ! i . i i { 1 I I I I I iI I ! . I I I i iI - - I L --- "7t , a»�:i,i, , i I I i l t �I ► . ..4 - I I ! iT r_I= - -- --=7 -7 o � � j sr i ! �! I I I + Iw I i i i i I � I i t _ � -�• �`:. i I �1�.�. I .i _�._ i_..I� ti I�:,.i I I. t! � I i' i I. I { I I i t I I I 1 -1—I I t i I i• �`I" + ,: i � , � s j j .� I �, I M �_ _ I i i � 1 � +� _! __► I I ! I i� I_L !_. Ll �- ��} -~ �+ C_ — _t _P - I - �� 1 i. { Q +• ! �I { ro 0 1 i 4f '�� .,/ __ .� ' Ii/ - - a - 11 i � � I i I } i r { �"�•.•. I ••.. 1' i I I k I i � .� -_ 1_ - _.�.-IT_ i I- _ =- . --r-- I CITY Or CORPUS Cj 13ID., -.AbULA J.VL Lr C.l Page 12 Corpus Christi,Texds NET rl?>• -- , CTIVS MON� THLY C'URIt 7 .OUP YTz 1; VIP. TYPt: v0`DGL D1;SCR2_PTION tJA TITY Pi3RC8A5f+ 68 MO a. ' iN'rrRrsIr iliASls MONTHLY ;IA1JT, -COS 't- PRICE INTEREST RATE PURCHASE PRICts �, 1 IBM 3145 1142 Processing -- unit 9 1 IBX 3704 Al Caftunieatiok ---- ---- -- Controller ' 2 IBM 3333 11 Disk Storage/ - ,� Control ' 3 IBM 3330 11 Disk Storage 4 IBM 1403 Nl Printer 1 - 5 IBM 3505 B2 Card Reader 6 IBM 3525 P3 Card Punch 1. 7 IBM 3903 001 Tape Contrller 1 S IBM 3420 3 Tape Drive 2 9 IBM 3775 111 Terminal 1 '�• 10 IBM 3271 2 Control Unit. 4 11 IBM 3272 2 Control Unit 1 12 IBM 3275 2 Terminal k/4633 1 - ---- -- Keyboard 13 IBM 3277 2 TermLnals w/4633 30 - Keyboard 14 IBM 3284 2, Printer 2 �__.____ ---- ---- -- - • 15 IBM 3284 1 Printer 3 ��, --------- ---- -- ' 16 IBM 3286 2 Printer ,1 ....., MY or CORPUS CHRISTI Coypus Chrieti,Texlas • CONTINUED UD TABULATION 9111C ' NET , GFFHCTIVB CROUP ITEA MUM TYPE MODEL DL C PTZON. U�1'7TY - PURCHASE GO M0. INTEREST PR CC INTO EREST 1U►TE C 1 IBM 3287 2 printer = ....__. �.•—�• 2 IBM 3350 A2 Disk Storgga 3 IBM 3420 3 Tape Drive 1 - DATE BIDDERS OPTION ON EXISTING IBM 3135 CPU Option A: Assume total monthly payments through July 319 1978 on IBM 3135 amounting to $.63,514.10. Option B: Bidders purchase price for IBM 3135 CPU currently installed at City. $ * See Attachment 'D' for detail configuration BIDDER i e•13 MONTHLY CURRI {wrLY L WE MONTHLY P RASE PRICE . MMTT COST BY B1*506�78 .CITY OF CORPUS CHRISTI �us Christl,Texas � CONTINUED DID TABULATION SHEET Page 14 SUMMARY DATA SIIEL•'T NET MONTHLY CURRENTLY Item VURCHASE' 60 MONTH LEASE MONTHLY PRICE INTEREST PURCHASE PRICE MANT, —COST I Total For Group 'A' II Total for Group 'D , III Total For Group 'C' IV Total For Groups A, D, & C DATE BIDDER BY a Corpus Christi, Texas 2 h_ day of , 19-21 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 CITY OF :e: 4220 :e: TEXAS