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HomeMy WebLinkAboutResolution - 4749 - Letter Agreement - IBM Corporation - AS_400 Software Upgrade - 02_23_1995Resolution No. 4749 February 23, 1995 Item #6 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Letter Agreement with International Business Machines Corporation for an upgrade to Version 3, Release 1 of the ASI400 software, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: i--O� kk a'Z x.___ Betty Nf Johnson, My Secretary APPROVED AS TO CONTENT: Tom Tuning, Managi 'rector of Communication and Information Services APPROVED AS TO FORM: ald G. Van'ver, First Attorney DGV:js/LA-IBM.RES ccdocs/February 13 1995 International Business Machines Corporation February 13, 1994 Tom Tuning Director of Communications and Computing City of Lubbock 916 Texas Lubbock, TX 79401 Dear Tom, P.O. Box 1890 Lubbock, Texas 79408 806/798-4800 Resolution No. 4749 February 23, 1995 Item #6 Version 3 Release 1 of the AS/400 software is available. Since this is a new version of the operating system, there is an upgrade charge associated with the new code. The charge is user -based on some of the software and model -based on other software. The total cost for the City of Lubbock is $17,371. On page two, I have included a breakdown of your software costs for your three AS/4001s. These prices are good for thirty days and subject to change thereafter. Sincerely, Kenneth E . Wiggins .ro AS/400 Marketing Specialist IBM Southwestern Area Marketing Name David R. Langston Date February 23, 1995 Agreed to: International Business Machines Corporation Name 17LV7--H//1/S0A Date Z — 13 City of Lubbock V3R1 Software Upgrade Prices 9404-F20 - SS1 - 10 users $ 712 QU1 - 3 users $ 638 XA1 - 1 user $ 35 TC1 $ 0 CB1 $ 1800 RG1 $ 1800 PW1 $ 1950 PT1 $ 419 Total $ 7354 9406-F35 - SS1 - 30 users $ 1512 XA1 - 1 user $ 35 TC1 $ 0 Total $ 1547 9406-F70 - SS1 - 150 users $ 6960 QU1 - 5 users $ 1335 XA1 - 3 users $ 175 TC1 $ 0 Total $ 8470 The data on the number of users was provided by Bobby Head and Tom Tuning on February 9, 1995. EXHIBIT #13 REQUEST FOR PROCUREMENT WITHOUT BID PAGE I OF I Date of Request: 2/10/95 Department: Information Services I Submitted b Title: Managing Director y= Tom Tuning Information & Communication 1. Description of item(s) to be procured without bid: I&M AS/400 operating system version upgrade for models F20, F35, and F70 2. Statutory exception (Circle one or more if applicable): a. A procurement made because of a public calamity that requires the immediate appropriation of money to relieve the necessity of the municipality's residents or to preserve the property of the municipality_ In case of emergency, a contract may be awarded without competitive sealed bidding or competitive negotiation; however, such procurement shall be made with such competition as is practicable under the circumstances_ A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. b. A procurement necessary to preserve or protect the public health or safety of the municipality's residents. C. A procurement necessary because of unforeseen damage to public machinery, equipment, or other property. d. A procurement for personal or professional services. e. A procurement for work that is performed and paid for by the day as work progresses. f. A purchase of land or a right-of-way. A procurement of items that are available from only one source, including; (1) Items that are available from only one source because of patents, copyrights, secret processes, or natural monopolies; (2) Films, manuscripts, or books; (3) Electricity, gas, water, and other utility services; (4) Captive replacement parts or components for equipment; EXHIBIT #13 PAGE 3 OF 3 3. Factual justification for request (Give a brief summary why this request falls within one or more of the exceptions circled in paragraph 2 above.): The AS/400 computer system requires the use of the associated operating system. The operating system is a proprietary system that is obtainable only through IBM. The operating systems for the City's AS/40O,model F2O, F35, and F70 were procured in May, 1993 and require a version upgrade for continued efficient performance. An operating system upgrade for the AS/400 is a sole -source procurement from IBM. Signature of Department D��"r ate Authorized by: L�, 1 -/�_ FS Victor Kt m ate Purchasing Manager PUR-010 (Rev, 9/93) EXHIBIT #13 PAGE 2 OF 3 (5) Books, papers, and other library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials. Upon a determination in writing that there is only one source practicably available for that which is to be procured, a contract may be negotiated and awarded to that source without competitive sealed bidding or competitive negotiation. (6) Management services provided by a nonprofit organization to a municipal museum, park, zoo, or other facility to which the organization has provided significant financial or other benefits. h_ A purchase of rare books, papers, and other library materials for a public library. i. Paving drainage, street widening, and other public improvements, or related matters, if at least one-third of the cost is to be paid by or through special assessments levied on property that will benefit from the improvements. j_ A public improvement project, authorized by the voters of the municipality, for which there is a deficiency of funds for completing the project in accordance with the plans and purposes authorized by the voters. k. A payment under a contract by which a developer participates in the construction of a public improvement as provided by Subchapter C, Chapter 212. 1. Personal property sold: (1) at an auction by a state licensed auctioneer; (2) at a going out of business sale held in compliance with Subchapter F, Chapter 17, 9usiness & Commerce Code; or (3) by a political subdivision of this state, a state agency of this state, or an entity of the federal government. M. Services performed by blind or severely disabled persons.