2002-061NO. /
AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER SLX 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 FI_FN-DS 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 AIMOUNT 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 mount 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 El. 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 IE[. 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.
PASSEDANDAPPROVEDthis ~'-~f/~[ dayoff'fif~
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HEPTB~I~~ITY ATTORNEY
DgellY~inancial C~an~e ~u~rc-'-~-/1,'/ / /I Si~ General Services cornlmssion-2002
,2002.
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MATERIALS MANAGEMENT DIVISION * 90lB TEXAS STREET · DENTON, TEXAS 76201
940.349.7100 · DFW METRO 817.267.0042 · FAX 940.349.7302
MUNICIPAL CERTIFICATE
I, the under~i.qn.~d, the duly agD. ointed, qualified and acting (Clerk or Secretary) of the above-captioned Lessee do hereby
certify this./_~,~~'" day of ~, 20 ~ as follows:
(1) Lessee did, at a Requ ar (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~,. ~-----..~
Tom D. Shaw PurchasinR ARent ~
Printed Name Title Signature
(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. /~.~ ' ,/~/, .~/~
(;E~ -~ Printed 0r ~pewriffen name
Subscribed to and sworn before me this
My commission expires ~)~/~"~ '~/0,..
day of
"Dedicated to Quality and Service"
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