1984-17708)OL (44L)
NO 2~/_ All
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials, equip-
ment, supplies or services in accordance with the procedures of
state law and City ordinances, and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described bids are the
lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefor,
and
WHEREAS, the City Council has provided in the City Budget
for the appropriation of funds to be used for the purchase of
the materials, equipment, supplies or services approved and
accepted herein, and
WHEREAS, Section 2 36 (f) of the Code of Ordinances requires
that the City Council approve all expenditures of more than
$3,000, and
WHEREAS, Section 2 09 of the City Charter requires that
every act of the Council providing for the expenditure of funds
or for the contracting of indebtedness shall be by ordinance,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION I
That the numbered items in the following numbered bids for
materials, equipment, supplies, or services, shown in the "Bid
Proposals" attached hereto, are hereby accepted and approved as
being the lowest responsible bids for such items
BID NUMBER ITEM NO VENDOR A140UNT
9366 1 Krause Dodge $121,434.72
9366 2 Krause Dodge $ 38,184 28
9366 3 McNatt Chevrolet $ 10,442 17
9366 4 McNatt Chevrolet $ 7,581 31
367 2 Krause Dodge $ 39,945 05
9367 3 Krause Dodge $ 32,796 60
SECTION II
That by the acceptance and approval of the above numbered
items of the submitted bids, the City accepts the offer of the
persons submitting the bids for such items and agrees to
purchase the materials, equipment, supplies or services in
accordance with the terms, specifications, standards quantities
and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents
PAGE 1
CONTINUATION SECTIbrv I
BID NUMBER
9367
ITEM NO
4
VENDOR
Krause Dodge
$
AMOUNT
9,599
85
9367
5
Krause Dodge
$
24,834
90
9367
9367
6
7
Krause Dodge
Bill Utter Ford
$
$
8,814
10,031
15
00
9367
8
Bill Utter Ford
$
13,996
00
9370
All
Gelco Municipal Service
8 68%
9371
All
IBM
$
35,480
00
9373
All
American HV Test, Inc
$
9,300
00
9374
All
Whitmire Line Clearance
$100,000
00
SECTION III
That should the City and persons submitting approved and
accepted items and of the submitted bids wish to enter into a
formal written agreement as a result of the acceptance, approval,
and awarding of the bids, the City Manager or his designated
representative is hereby authorized to execute the written
contract which shall be attached hereto, provided that the
written contract is in accordance with the terms, conditions,
specifications, standards, quantities and specified sums
contained in the Bid Proposal and related bid documents herein
approved and accepted
SECTION IV
That by the acceptance and approval of the above numbered
items of the submitted bids the City Council hereby authorizes
the expenditure of funds therefor in the amount and in
accordance with the approved bids 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
PASSED AND APPROVED this 18
day of December , 1984
I D 0 ST A
CIT OF D 2 TON, TEXAS
ATTEST
CHAR TE L N, C Y SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
JOE D MORRIS, ACTING CITY ATTORNEY
CITY OF DENTON, TEXAS
~rn~n
BY ~\Ak 16
PAGE 2
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
DATE OF MEETING
December 18, 1984
COUNCIL AGENDA ITEM #
Consent/Ordinance
SUBJECT
BID #9366 POLICE SEDANS AND SEDANS
SUMMARY
This bid is for the purchase of Police Patrol
Sedans, Administrative Sedans and Station Wagons
The eleven (11) patrol sedans are for the Police
Department Two of the Administrative Sedans
are for the Fire Department, and two are for the
Police Department The full-size station wagon
is for the Plice Department, and the mid-size
wagon is for the Fire Inspection Department One
patrol sedan is a fleet addition and one of the
administrative sedans is also The other units
are Motor Pool Replacements
ACTION REQUIRED
Approval by Council and Award of Bid
SOURCE OF FUNDS
1984-85 Budget Funds and Motor Pool Replacement Funds
RECOMMENDATION
We recommend this bid be awarded to the lowest
bidder meeting specifications for each item as
listed below
#1 Krause Dodge $11,039 52 ea $121,434 72
#2 Krause Dodge $ 9,546 07 ea $ 38,184 28
#3 McNatt Chevrolet $10,442 17 ea $ 10,442 17
#4 McNatt Chevrolet $ 7,581 31 ea $ 7,581 31
The price for Item 2 offered by Krause Doge is
$56 88 higher than the price offered by McNatt
Chevrolet, however, it included a 24 month, 24,000
mile extended warranty The McNatt price includes
only a 12 month, 12,000 mile warranty
EXHIBIT Tabulation $ eeet
SUBMITTED BY
Tom D Shaw, C P M
Assistant Purchasing Agent
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CITY COUNCIL AGENDA
DATE OF MEETING
COUNCIL AGENDA ITEM #
SUBJECT
SUMMARY
ACTION REQUIRED
SOURCE OF FUNDS
RECOMMENDATION
BACK-UP SUMMARY SHEET
December 18, 1984
Consent/Ordinance
BID #9367 PICKUP TRUCKS AND VAN
the
Building Inspection
Electric Meter & Sub
Electric Meter & Sub
Customer Service
Solid Waste
Wastewater Treatment
Animal Control
Water & Sewer
Parks & Recreation
and fleet additions
Animal Control
Water & Sewer
Water & sewer
Warehouse
Parks & Recreation
This bid is for the purchase of pickups, light
trucks and a van for motor pool replacement in
3
z Ton Pickup
Sta 1
2 Ton Pickup
Sta 1
3/4 Ton Pickup
1
; Ton Pickup
1
3/4 Ton Pickup
1
3/4 Ton Pickup 4 Wh Or
1
3/4 Ton Cab Chassis
1
1 Ton Truck
1
15 Passenger Van
in
1
3/4 Ton Pickup
1
3/4 Ton Pickup
1
3/4 Ton Cab/Chassis
1
3/4 Ton Pickup
1
1 Ton Truck/Tow Package
Approval by Council and Award of Bid
1984-85 Budget Funds From the Above Listed Departments
and Motor Pool Replacement Funds
We recommend this bid be awarded to the lowest
bidder meeting specifications as follows
#1
Not be
purchased and quantity
of
Item
#2
Krause
Dodge
$ 7,989
01
ea
#3
Krause
Dodge
$ 8,199
15
ea
#4
Krause
Dodge
$ 9,599
85
ea
#5
Krause
Dodge
$ 8,278
30
ea
#6
Krause
Dodge
$ 8,814
15
ea
#7
Bill Utter Ford
$10,031
00
ea
#8
Bill Utter Ford
$13,996
00
ea
Total Bid
Award
Del
ivery is from 45 to
90 Days
EXHIBIT T ulation Sh et
SUBMITTED BY )~'Y
Tom D Shaw, C P M
Assistant Purchasing Agent
2 increased
$ 39,945 05
$ 32,796 60
$ 9,599 85
$ 24,834 90
$ 8,814 15
$ 10,031 00
$ 13,996 00
$140,017 55
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CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
DATE OF MEETING
December 18, 1984
COUNCIL AGENDA ITEM #
Consent/Ordinance
SUBJECT
RCHASE FINANCING OF MOTOR
BID #9370 P
E
IPMENT
EQU
OOL
SUMMARY
This bid is for the lease/purchase financing of
Motor Pool Equipment for the 1984-85 fiscal year
The payments will be for 36 months First payments
are due upon delivery of equipment This bid
covers the funding for twenty (20) pieces of
equipment (See excerpt from Bid 9370 for complete
list indicating cost and delivery schedule )
Third party leasing allows us to lessen the impact
on cash flow, spread payments over 36 months, and
take advantage of low interest rates
ACTION REQUIRED
Approval by Council and Award of Bid
SOURCE OF FUNDS
1984-85 Budget Funds and Motor Pool Replacement Funds
RECOMMENDATION
We recommend this bid be awarded to the lowest
bidder of Gelco Municipal Service The fixed
annual percentage rate is 8 68% Payments are
to be made monthly in arrears We feel like this
is an excellent rate of interest
EXHIBITS Tabulation Sheet
Page 3 and 4 f BID #9370
SUBMITTED BY
Tom D Shaw, C P M
Assistant Purchasing Agent
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BID NUMBER 9370 BID PROPOSALS Page 3 of 20
EM
DESCRIPTION
OUAN
PRICE
AMOUNT
serve
e-
Be
deseribed-
LEASE/PURCHASE AGREEMENT FOR MISCELLANEOUS
EQUIPMENT
AS DESCRIBED BELOW
DESCRIPTION
COST
DEL SCHED
1
Side Loading Refuse Truck
64,121
00
1/02/85
1
2
Side Loading Refuse Truck
64,121
00
1/02/85
1
3
Side Loading Refuse Truck
64,121
00
1/02/84
1
4
Repr Loading Refuse Truck
49,432
00
1/02/85
1
5
RoLl-off Type Refuse Truck
74,019
00
12/20/84
1
6
Commercial Side Loading
Truck
61,079
,64
12/20/84
1
7
Commercial Side Loading
Truck
61,079
64
12/20/84
1
8
6 yard Dump Truck
20,000
00
4/01/85
1
9
6 yard Dump Truck
20,000
00
4/01/85
1
10
Sewer Cleaning Truck
110,000
00
4/01/85
1
TOTALS
We quote the above f o b Denton Texas Shipment can be made in days from receipt of order Terms net
unless otherwise indicated
In submitting the above bid the vendor agrees that acceptance of any or all bid items by the City of Denton Texas within a
reasonable period of time constitues a contract
Melling Address
city state zip
Bidder
Slgnatun
Title
Telephone
BID NUMBER 9370 BID PROPOSALS
Page 4 of 20
5M
OESCRIPTION
OUAN
PRICE
AMOUNT
LEASE/PURCHASE. AGREEMENT FOR MISCELLANEOUS
EQUIPMFNT
AS DESCRIBED BELOW (Continued from previous page)
DESCRIPTION
COST
DEL SCHED
11
Truck with Flatbed & Hoist 20,000
00
3/01/85
1
12
1 Ton Flatbed Truck
15,000
00
2/15/85
1
13
15 Passenger Van
16,000
00
2/15/85
1
14
Truck and Asphalt
Distributor
85,000
00
4/01/85
1
15
Tractor Loader Backhoe
26,000
00
2/01/85
1
16
Front Loader
20,000
00
2/01/85
1
17
Vibratory Street Roller
20,000
00
2/15/85
1
18
Steel Wheel Street Roller
40,000
00
2/15/85
1
19
Trailer Flat 32'
10,000
00
2/15/85
1
20
Tractor Mower
8,000
00
4/01/85
1
NOTE Item 1 thru 7 are
firm pric
es with
realistic
delivery schedules All
others are estimated only
081
1a
TOTALS
We quote the above f o b Denton Texas Shipment can be made in days from receipt of order Terms net
unless otherwise indicated
In submitting the above bid the vendor agrees that acceptance of any or all bid items by the City of Denton Texas within a
reasonable period of time constitues a contract
Nailing Address
City State 21o
Bidder
Signature
Title
Telephone
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
DATE OF MEETING
December 18, 1984
COUNCIL AGENDA ITEM #
Consent/Ordinance
SUBJECT
BID #9371 IBM DISK DRIVE
SUMMARY
This bid is for the Lease/Purchase of a 3370
Model 2A Disk Drive for use by the Data Processing
Department to upgrade the existing equipment
This item will be purchased on a Lease/Purchase
Contract through IBM or through our lease/purchase
package for equipment being approved under a
separate bid This will depend on the best
interest rate for the City of Denton
ACTION REQUIRED
Approval by Council
SOURCE OF FUNDS
Budgeted Payments
RECOMMENDATION
We recommend this bid be awarded to IBM the only
this compatible equipment for the purchase
dd
er on
bi
price of $35,480 00 payable in 48 months lease/
purchase at $892 43 per month, transportation cost
$95 00, and maintenance at $126 00 per month after
three months factory warranty with delivery by
February 28, 1985
EXHIBIT
Proposal)
l
SUBMITTED BY
C
Jo P arshall , C P M
burc acing Agent
BID NUMBER 9371 BID PROPOSALS Page 2 of 2
EM DESCRIPTION QUAN PRICE AMOUNT
1 IBM 3370 Model 2A Disk Drive with 730 Mega Bytes of 1 $35,480 $35,480
storage capacity, or an approved compatible equal
48 Months Lease/Purchase Under this contract, the City of
Cost Per Month Denton will own the equipment at
the end of the 48 month period
Contract includes a fiscal year
Installation Cost funding out clause
4 Transportation Cost
5 Maintenance Contract Cost (per year)
Equipment includes 3 month warranty, i e Maintenance
billing will start 3 mo after installation Maintenance
is quoted for l a m to 6 p m Monday thru Friday
Must show leaseholders with cpmplete address
Warranty covers equipment 24 hours/day, 7 days/week
The equipment bid must be acceptable by IBM for a
Maintenance Contract
*If the City of Denton chooses to purchase
the 3370(itemlll), the terms and conditions should
in the attached IBM Purchase Supplement
be included in this bid response If the City
of Denton chooses to finance the 3370 over
48 months(item#2), the terms and conditions
in the attached IBM Installment Payment
Agreement should be included in this bid
response
TOTALS
$892 43/m
No Charge
$95 00 1 $95 00
$126/mo I I $1,512/yr
Terms net
Wp quote the above f q b Denton Texas Shipment can be made 7Es~y02/29/84
unless otherwise indicated
In submitting the above bid the vendor agrees that acceptance of any or all bid items by the City of Denton Texas within a
reasonable period of time constitues a contract
P 0 Box 340921
Nailing Address
Dallas
TX 75234
city
state zip
620-6137
Taispnone
IBM
$itltler
Signature
Marketing Representative
Title
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International Business Machin- Zorporation
Installment Payment Agreement
(State and Local Government)
Name and Address of Customer
CITY OF DENTON
215 E McKinney
Denton, TX 76201
IBM Branch Office Address
2727 LBJ Freeway
Dallas, TX 75234
Armonk New York 10504
Reference Agreement No
Reference Supplement Dated
Agreement No
IBM Branch Office No GMG
Customer No 1802610
International Business Machines Corporation (IBM) and the Customer agree that this Installment Payment Agreement
supplements and amends the referenced Agreement for Purchase of IBM Machines and its referenced Supplement with
respect to the following IBM machines features model upgrades, machine elements and/or accessories (hereinafter
called Machines unless the context requires individual reference)
IBM Plant Purchase
Order or Price $
Machine Serial Model or Net Unit Price) Amount $
Oty Type Number Feature Description
1 3370 829YDH A02
( ) An Indicates Machine Serial Number
1 Cash Price (if this were a cash sale)
Disk Drive
Statement of Transaction
2 Trade-In Allowance Credit (from IBM trade-In agreement)
3 Cash Down Payment
4 Total Down Payment (Sum of Items 2 and 3)
5 Unpaid Balance of Cash Price (Item 1 minus Item 4)
6 State and Local Taxes if applicable
$35,480 00 $35,480 00
7 Amount to be Financed (Sum of items 5 and 6)
8 FINANCE CHARGE (Time Price Differential on Item 7) Finance Charge consists
of interest at an ANNUAL PERCENTAGE RATE of 1 0
9 Tax on Finance Charge if applicable (payable in first installment)
10 Total Amount of Remaining Payments (Sum of items 7 8 and 9)
11 Total Time Sale Price (Sum of items 4 and 10)
Z120.2791-03 (Rev 07/94) 1
U/M 025
TOTAL $ 35,480 00
$ 35,480 00
N/A
00
00
$
$
00
.00
$ 3
a.4AQ
.00
$
on
.oo
35,4An On
$ 7,356 64
$ 00 00
$ 42,836 64
$ 42,836 64
Pagel of 4l
Payments
The Customer agrees to pay the Cash Down Payment
if any (a) upon the Date of Installation of the Machines or
(b) with respect to installed Machines on the Effective
Date of Purchase and agrees to pay the Total Amount of
Remaining Payments inconsecutive Periodic Payments
including Finance Charge forthe Fiscal Periods as set forth
below in either Payment Plan I or Payment Plan II
PAYMENT PLAN I
Periodic Payment Finance Charge
Fiscal (Annual) (Included In
Period (Biennial) Payment)
1 II
N/A
6
PAYMENT PLAN II
Total Finance
Periodic Payment
Charge for
(Total of Monthly
Fiscal Period
Fiscal Payments for Monthly
(Included in
Period Fiscal Period) Payment
Payments)
6,247
01
892 43
10,709
16
892.43
10,709
16
892.43
10,709
16
892.43
4,462
15
892 43
The Periodic Payment for Period 1 which includes the
Tax on Finance Charge if applicable is due on the first
business day of the month following the Date of Installation
or the Effective Date of Purchase, and the Periodic Pay-
ments for Periods 2 through g are due onthefirst
business day of each succeeding Fiscal Period If Payment
Plan I has been chosen, payments must be made In full on
the due dates If Payment Plan II has been chosen
payments must be made in equal consecutive monthly
installments except that the first installment will include the
Tax on Finance Charge, if applicable beginning on the due
dates and continuing on the corresponding day of each
month of each Fiscal Period until fully paid Payments
include Finance Charge in the appropriate amount in-
dicated above
The Customer having been offered the choice of pur-
chasing at the foregoing Cash Price (plus applicable State
and Local Taxes) or at the Total Time Sale Price has elected
to purchase at such Total Time Sale Price
The Customer ..ay at any time pay in advance the full
amount due hereunder and the Finance Charge will be
adjusted by IBM to reflect the shorter payment period
All remittances are to be made to the IBM Branch Office
address listed herein unless otherwise requested by IBM
Assignments
This Installment Payment Agreement is not assignable by
the Customer nor may the Customer sell transfer sub-
stantially modify relocate or dispose of any or all of the
Machines without prior written permission of IBM In no
event may the Machines be relocated outside the United
States Any attempted assignment or transfer by the
Customer of any of the rights duties or obligations of this
Installment Payment Agreement is void
Customer's Covenants
The Customer covenants and agrees that (a) it will not
create assume or voluntarily suffer to exist without giving
IBM at least 15 calendar days prior written notice any
mortgage pledge encumbrance security interest lien or
charge of any kind upon any or all of the Machines (b)itwill
keep the Machines in good repair and operating condition
(c) it will promptly pay all taxes interest and other charges
when levied or assessed upon the Machines or their
operation or use or upon IBM exclusive of taxes based on
IBM s net income in connection with this Installment
Payment Agreement (d) it will promptly satisfy all liens
against the Machines and (e) there are no mortgages
pledges encumbrances security interests liensorcharges
of any kind by any party other than IBM or assigns upon the
machines on which features model upgrades machine
elements or accessories will be installed subject to this
Installment Payment Agreement
Insurance
The Customer further agrees to procure and maintain fire
insurance with extended coverage against loss theft
damage to or destruction of the Machines for the full
insurable value thereof for the duration of this Installment
Payment Agreement the policy for such insurance being
endorsed to show loss payable to IBM and assigns as
respective interests may appear Upon request acertificate
of such insurance will be furnished to IBM or assigns Any
proceeds received directly by IBM under such insurance
shall be credited to the payment required from the Custo-
mer pursuant to the Section entitled 'Casualty Occur-
rences
Casualty Occurrences
A Casualty Occurrence shall be deemed to exist if any of
the Machines shall be lost stolen irreparably damaged or
destroyed or otherwise rendered permanently unfit for use
from any cause whatsoever prior to the payment in full of
the Total Time Sale Price To the extent permitted by law
the Customer shall promptly pay to IBM a sum equal to the
aggregate Casualty Value of such Machines
The Casualty Value of each Machine suffering a Casualty
Occurrence shall be the sum of the unpaid balances of the
State and Local Taxes Unpaid Balance of Cash Price and
Finance Charge at the time of such Casualty Occurrence
and attributable to such Machine The Finance Charge shall
be adjusted by IBM to reflect the shorter payment re ri e
Any money so paid shall be applied by
installments thereafter falling due so that such installments
represent only the payments due for the remaining Ma-
Z120-2791.03 (Rar 07/94) Page 2 of 4
U/M 025
chines Any excess insurance payn is received by IBM
shall be credited to the Customer
Events of Default
Anyone or more of the following are Events of Default (a)
the Customer fails to pay when due any amount required to
be paid by the Customer hereunder and such failure shall
continue for a period of seven days after the due date
except as provided in the Section entitled Funding (b) the
Customer fails to procure and maintain insurance as
required in this Installment Payment Agreement (c) the
Customer fads to perforr any other provisions hereunder
or violates any of the covenants or agreements made by the
Customer hereunder and such failure or breach shall
continue for a period of 15 days after written notice is
received by the Customer from IBM or (d) any insolvency
proceedings of any character voluntary or involuntary
shall be instituted by or against the Customer
Any failure of IBM to require strict performance by the
Customer or any waiver by IBM of any provision of this
Installment Payment Agreement shall not be construed as a
consent or waiver of any other breach of the same or of any
other provision
Remedies
if an Event of Default shall have occurred and be
continuing IBM or assigns may to the extent permitted by
law (a) recover from the Customer any and all amounts
then due and to be become due (b) take possession of any
or all of the Machines wherever located without demand or
notice and without any court order or other process of law
or render them unusable and retain all prior payments as
partial compensation for their use and depreciation (c)
require the Customer to assemble the Machines and make
them available to IBM freight prepaid at any place in the
continental United States specified by IBM and/or(d)incur
reasonable attorney s fees and legal expenses in exercising
any of its rights and remedies upon default which the
Customer hereby agrees to pay Upon repossession of
suchMachmes IBMmaysell lease or otherwise dispose of
any or all of the Machines in a commercially reasonable
manner with or without notice and by public or private
proceedings and apply the net proceeds thereof towards
the amounts due under this Installment Payment Agree-
ment after deducting the reasonable expenses of retaking
holding and preparing for such disposition and deducting
reasonable attorn o fees and legal expenses IBM will pay
to the Customer any portion of the net proceeds in excess
of the unpaid Total Time Sale Price
In the event IBM repossesses and removes a feature
model upgrade machine element or accessory it shall be
the Customers responsibility to restore any remaining
information processing equipment to good working order
The Customer agrees that IBM shall have no liability for
damages caused by the repossession of such a feature
model upgrade machine element or accessory or by the
Customers failure to fulfill such responsibilities Further
IBM shall have no obligation to reimburse the Customer
user or any other secured party for the cost of repair
resulting from such removal
IBM may pursue any other remedy available at law or in
equity including but not limited to seeking damages
specific performance and an injunction No right or remedy
is exclusive of any other provided herein or permitted by
law or equity All such rights and remedies shall be
cumulative and may be enforced concurrently or individ-
ually from time to time
Funding
Since the Customer intends to request the appropriation
of funds periodically to be paid for the Machines if funds
are not appropriated for the Customer for such Periodic
Payment for any future Fiscal Period the Customer will not
be obligated to pay the remainder of the Total Time Sale
Price due beyond the end of the then current Fiscal Period
Such event will not constitute an Event of Default The
Customer agrees to notify IBM in writing of such nonappro-
priation at the earliest possible time
In the event that funds are not appropriated as provided
above and the Customer is unable to make further pay-
ments due under this Installment Payment Agreement
beyond the end of the then current Fiscal Period IBM will
within a reasonable time after the end of such Period enter
and take the Machines from the Customers premises and
will retain all sums previously paid by the Customer to IBM
as partial compensation for machine use and depreciation
provided however that upon the Customers request the
Customer may prior to such repossession retain the
Machines during a reasonable period agreed to by IBM at a
monthly charge designated by IBM beginning on the first
day following the last Fiscal Period for which payment has
been made hereunder
Page 3 of 4
Security interest and Location of Machines
To secure the payment of the Total Time Sale Price IBM
reserves a purchase money security interest in each of the
Machines and the Customer hereby grants a security
interest in any substitations replacements accessions and
additions thereto and the proceeds thereof Such interest
shall be satisfied by payment in full of the Total Time Sale
Price A copy of this Installment Payment Agreement may
be filed with appropriate state and local authorities at any
time after signature by the Customer as a financing
statement in order to perfect IBM $ security interest Such
filing does not constitute acceptance of this Installment
Payment Agreement by IBM The Customer also shall
execute from time to timf alone or with IBM any financing
statements or other documents and do such other act or
acts considered by IBM to be necessary or desirable to
perfect or protect the security interests hereby created The
Machines shall remain personal property not become
fixtures to real property and be kept at
915 F Mr`Kinn"
(street address)
Denton Denton Texas
(City) (County) (State)
where IBM may inspect them at any reasonable time
General
If the Net Unit Price for any Machine is adjusted as
provided in the referenced Agreement or the trade-in
allowance for any trade-In equipment is adjusted as pro-
vided in an applicable IBM trade-in agreement Items No 1
through 11 in the Statement of Transaction and the
Payments herein agreed to be paid shall be adjusted and
this Installment Payment Agreement shall be deemed to be
amended accordingly
The terms and conditions of this Installment Payment
Agreement shall prevail notwithstanding any variance with
the terms and conditions of the referenced Agreement
Should this Installment Payment Agreement and/or the
referenced Agreement be held by the courts to be invalid or
unenforceable It parties agree that the Machines shall be
aeemed to have been installed under IBM s State and Local
Government Lease Plan pursuant to the terms and condi-
tions of IBM s applicable agreement and/or amendment at
IBM s applicable Lease Plan Monthly Charges commenc-
ing with the Date of installation or the Effective Date of
Purchase of the Machines For the period prior to such
holding IBM shall credit to the applicable Lease Plan
Monthly Charges the amounts paid by the Customerto IBM
under this Installment Payment Agreement and amounts
paid by the Customer for maintenance property taxes and
insurance Any excess credits will be refunded to the
Customer and any deficiency shall be due to IBM but in no
event shall any amount be due to IBM in excess of funds
appropriated In the event that the affected Machines are
not available from IBM under a lease or rental agreement at
the time of such holding the Customer and IBM will agree
upon a fair and equitable Lease Plan Monthly Charge for
the period prior to and following such holding and other-
wise the provisions of this Section shall apply
If any provision or provisions of this Installment Payment
Agreement shall be held to be invalid illegal or unenforce-
able and the preceding paragraph does not apply the
validity legality and enforceability of the remaining provi-
sions shall not in any way be affected or impaired thereby
THE CUSTOMER ACKNOWLEDGES THAT THE CUSTO-
MER HAS READ THIS AGREEMENT UNDERSTANDS
IT, AGREES TO BE BOUND BY ITS TERMS AND CON-
DITIONS, AND BY THE CUSTOMERS SIGNATURE
BELOW, ACKNOWLEDGES THAT THE CUSTOMER IS
LEGALLY AUTHORIZED TO ENTER INTO THIS AGREE-
MENT FURTHER, THE CUSTOMER AGREES THAT
THIS INSTALLMENT PAYMENT AGREEMENT, THE
REFERENCED AGREEMENT AND SUPPLEMENT AND
ANY APPLICABLE IBM TRADE-IN AGREEMENT CON-
STITUTE A SINGLE AGREEMENT AND THE COM-
PLETE AND EXCLUSIVE STATEMENT OF THE AGREE-
MENT BETWEEN THE CUSTOMER AND IBM, WHICH
SUPERSEDES ALL PROPOSALS OR PRIOR AGREE-
MENTS, ORAL OR WRITTEN, AND ALL OTHER COM-
MUNICATIONS BETWEEN THE PARTIES RELATING
TO THE SUBJECT MATTER HEREOF
Received by IBM at Branch Of oe Name/Number
By Managers Signature
Name (Type or Print) Dare
Accepted by
International Business Machines Corporation
CITY OF DENTON
Customer
By Authorized Signature
By Authonzed Signature
Date Name (Type or Print) Date
Name (Type or Print)
PLEASE PRESS FIRMLY WITH BALL POINT PEN ON A HARD SURFACE FOR MAXIMUM LEGIBILITY
Z1gF2791-07 (R.e 07/M) ~ Page 4 of 4
WM 025
CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
DATE OF MEETING December 18, 1984
COUNCIL AGENDA ITEM # Consent/Ordinance
SUBJECT BID #9373 TRANSFORMER LOSS TEST SET
SUMMARY This bid is for the purchase of testing equipment
to determine the losses associated with distribution
transformers This will enable us to purchase
and install the most economical transformers based
on an expected lifetime cost of operation
ACTION REQUIRED Approval by Council and Award of Bid
SOURCE OF FUNDS 1984-85 Budget Funds Account Number 610-008-
0252-9232-E394 Electric Distribution Capital
Expenditures
RECOMMENDATION We recommend this bid be awarded to the lowest
bidder of American HV Test, Inc c/o Haenszel
Sales in the amount of $9,300 00, with delivery
in 75 days
EXHIBIT 'tabulation Sheet
SUBMITTED BY
Tom D Shaw, C P M
Assistant Purchasing Agent
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CITY COUNCIL AGENDA
BACK-UP SUMMARY SHEET
DATE OF MEETING December 18, 1984
COUNCIL AGENDA ITEM # Consent/Ordinance
SUBJECT BID #9374 TREE TRIMMING FOR MISC ELECTRICAL
LINES
SUMMARY This bid is for the trimming of trees to clear
overhead electrical distribution lines This is
an ongoing project for which a specific amount
of dollars are budgeted each year The intent
is to prevent wind and ice damage to the Electric
Distribution Overhead System
ACTION REQUIRED Approval by Council and Award of Bid
SOURCE OF FUNDS 1984-85 Budget Funds Account Number
RECOMMENDATION We recommend this bid be awarded to Whitmire
Line Clearance at the price of 55 per foot for
open easement and $1 10 per foot closed easement
The entire contract will not exceed $100,000 00
total
Our recommendation to accept the bid of Whitmire
over the bid of Trees, Inc is based on Whitmire's
past record with the City of Denton and the
expanded proposal offered by Whitmire
EXHIBIT ulation heet
SUBMITTED BY
Tom D Shaw, C P M
Assistant Purchasing Agent
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