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HomeMy WebLinkAbout2002-061ORDINANCE NO. oNU -0 AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER SIX TO A CONTRACT FOR LEASE PURCHASE FINANCING OF PC'S, MONITORS, AND PERIPHERAL EQUIPMENT BETWEEN THE CITY OF DENTON AND DELL FINANCIAL SERVICES; PROVIDING FOR AN INCREASE IN THE QUANTITY OF ITEMS, INCREASE IN THE ANNUAL LEASE PAYMENT AMOUNT; AND PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 2495 — DELL FINANCIAL SERVICES AWARDED IN THE AMOUNT OF $943,398 AND CHANGE ORDER ONE IN THE AMOUNT OF $19,656.68 AND CHANGE ORDER TWO IN THE AMOUNT OF $337,710.30 AND CHANGE ORDER THREE IN THE AMOUNT OF $64,920 AND CHANGE ORDER FOUR IN THE AMOUNT OF $17,406.36 AND CHANGE ORDER FIVE IN THE AMOUNT OF $203,637.12 PLUS CHANGE ORDER SIX IN THE AMOUNT OF $146,030.94 FOR A TOTAL OF $1,732,759.40). WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, on March 21, 2000, the City awarded a 36 Month Master Lease Agreement for PC's, Monitors, Laptop, and Peripheral Equipment to Dell Financial in the amount of $943,398; and subsequent change orders one through five; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the General Services Commission programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Manager having recommend to the Council that a change order be authorized to amend such lease agreement with respect to the scope and price and said change order being in compliance with the requirements of Chapter 252 of the Local Government Code, exempting such purchases from the competitive bid process; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the change order six increasing the amount of the lease agreement between the City and Dell Financial Services, copy of which is on file in the office of the Purchasing Agent, in the amount of One Hundred Forty Six Thousand Thirty and 94/100 Dollars ($146,030.94), is hereby approved and the expenditure of funds therefore is hereby authorized. The master lease annual amount is amended to read $1,732,759.40). SECTION H. That by the acceptance and approval of change order six to the master lease on file in the office of the Purchasing Agent, the City accepts the offer of the persons submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the General Services Commission, and the purchase orders issued by the City. SECTION M. That should the City and persons submitting approved and accepted items set forth in the change order six wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be substantially the same as the documents on file in the office of the Purchasing Agent; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantities and specified sums contained in the change order two, and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the listed items set forth in the change order two, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the purchase orders issued by the City or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. e PASSED AND APPROVED this day of_////�mll , 2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY MN TO LEGAL FORM: OAY, CITY ATTORNEY EULINE BROCK, MAYOR BY: C�- / 114 Dell Financial C ange r Six— General Services Corranission-2002 ! { §!m§ R \kCf j( 2 ee g (( K m X )) LULg 2 o LLI E (aC � G) E � §/ K ! w k [/ b 7( ° o `F [ (E 2 ®¥ ! ƒ " ` �z Wa d \e §§ §k § § EDd 4§§§ M Z \§- r§ a008 �f0 E /f q } 5! 73, ( k / § | 2 } J \k R MATERIALS MANAGEMENT DIVISION • 901B TEXAS STREET • DENTON, TEXAS 76201 940.349.7100 • DFW METRO 817.267.0042 • FAX 940.349.7302 MUNICIPAL CERTIFICATE I, the undergi d, the duly appointed, qualified and acting (Clerk or Secrets of the above -captioned Lessee do hereby certify this day of �, 20 (� as follows: (1) Lessee did, at a Regular (regular or special) meeting of the governing body of the Lessee held March 5. 20 02 , by motion duly made, seconded and carried, in accordance with all requirements of law, approve and authorize the execution and delivery of the above -referenced Schedule of Equipment No. 406 (the "Schedule") to the Agreement (as defined in the Schedule) on its behalf by the following named representative of the Lessee, to wi(-.-, r--. p Name (2) The above -named representative of the Lessee held at the time of such authorization and holds at the present time the office set forth above. (3) The meeting of the governing body of the Lessee at which the Schedule was approved and authorized to be executed was duly called, regularly convened and attended throughout by the requisite majority of the members thereof or by other appropriate official approval and that the action approving the Schedule and authorizing the execution thereof has not been altered or rescinded. (4) No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default (as such term is defined in the Agreement) exists at the date hereof. (5) All insurance required in accordance with the Agreement is currently maintained by the Lessee. (6) Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget year to make the Rental Payments scheduled to come due during the Original Term and to meet its other obligations for the Initial Schedule Term (as such terms are defined in the Agreement) and such funds have not been expended for other purposes. (7) The fiscal year of Lessee is from October 1 to September 30 IN WITNESS WHEREOF, I hereunto set my hand and the seal of the governing body of the Lessee the day nd year first above written. /� J 7 , JANE E. RICHARDSON Notary Public, State of Texas My Commission Expires June 27, 2005 name Subscribed to and sworn before me this day of--����, 2Qda- �6, No Public My commission expires 1/A'7& "Dedicated to Quality and Service " www.cilyofdenton.com