HomeMy WebLinkAboutResolution - 5235 - Contract - TDIS - Computer Maintenance - 08/08/1996RESOLUTION NO.5235
August 8, 1996
Item #12
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 Contract for the Purchase of Services,
attached herewith, by and between the City of Lubbock and the Texas Department of
Information Services for computer maintenance, and any associated documents, which
Agreement 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 8th day of August , 1996.
ATTEST:
Harold Willard, Interim City Secretary
APPROVED AS TO CONTENT:
Tom Tuning, Managing Ditector of '-- v'
Information and Communication Services
APPROVED AS TO FORM:
Donald G. Vandiver, First Assistant
City Attorney
Mres/purchres.doc
ccdocs/July 31, 1996
RESOLUTION NO. 5235
August 8, 1996
Item #12
Contract Number
CONTRACT FOR PURCHASE OF SERVICES
THE STATE OF TEXAS
COUNTY OF TRAVIS
THIS INTF.RAGENCYMn RIACAL CONTRACT is entered into by and between the
Department of Information Resources (DIR) and the state agency or local government named
below (the Receiving Party), pursuant to the authority granted and in compliance with the
provisions of the Interagency Cooperation Act, Texas Government Code Chapter 771, or the
Interlocal Cooperation Act, Texas Government Code Chapter 791, as applicable. This contract
is exempt from the public solicitation requirement for interagency contracts found m Texas
Government Code Section 2054.119 because: (1) the Receiving Party is a local government; or
(2) the Receiving Party is a state agency, and this contract is either: (a) for an amount that does
not exceed $50,000; or (b) for an amount that does not exceed $1,000,000 and one or more of the
circumstances listed in Rule 1 T.A.C. 201.7(bx3) are present. The Performing Party certifies that
it has authority to provide these services contracted for by authority granted in Chapter 2054,
Texas Government Code.
I. CONTRACTING PARTIES:
The Receiving Party: City of Lubbock
The Performing Party: Department of Information Resources
II. STATEMENT OF SERVICES TO BE PERFORMED:
The Performing Party will administer a contract with Digital Equipment Corporation (Digital) to
provide computer maintenance to the Receiving Party as per contracts submitted to the Performing
Party by the Receiving Party's forms.
III. BASIS FOR CALCULATING REIMBURSABLE COSTS:
Subject to the submission by Performing Party to Receiving Party of invoices and/or billing
statements including itemized statements (provided by Digital), Receiving Party shall pay
Performing Party based on the actual cost of the services. The Performing Party will prepay the
contract and will use the prepayment discount for administration costs.
IV. BASIS FOR CALCULATING SERVICE COSTS:
The Performing Party will provide services per the Digital Equipment Corporation contracts
provided.
V. CONTRACT AMOUNT:
The total amount of this contract shall not exceed the cumulative total of the amounts stated in the
invoices and/or billing statements referred to in paragraph III above.
VI. PAYMENT FOR SERVICES:
The Performing Parry will pay for services received by the Receiving Party when notified by the
Receiving Party that all contracts and invoices are correct. Receiving Party will reimburse the
Performing Party upon receipt of the interagency transfer voucher/invoice. Payments will be
made by Receiving Party on an animal basis in advance. Payment must: be made no later than
thirty (30) days after the date the Receiving Party received the invoice or the ITV, in
accordance with the provisions of the General Appropriations Act, House Bill 1, 74th Legislature,
Article lx, Section 72 ("Prompt Payment for Interagency Goods and Scrvic es"). Payments shall
be credited to DIR's appropriation items or accounts from which the expenditures for the
finished services were originally made.
VII: TERM OF CONTRACT:
The Receiving Party will participate in the Digital contract administered by the Performing Party
for a three (3) year term beginning September 1, 1996 and ending August 31, 1999.
IT IS UNDERSTOOD THAT SHOULD THE RECEIVING PARTY, BEFORE THE END OF
THE TERM OF THIS CONTRACT (1) TERMINATE THIS AGREEMENT OR (2) DELETE
ANY PART OF THIS AGREEMENT FOR REASONS OTHER THAN SALE,
DISCONTINUED USE, UPGRADE TO NEWER DIGITAL TECHNOLOGY, TRANSFER OF
EQUIPMENT OR NON -APPROPRIATION OF FUNDS, THE RECEIVING PARTY AGREES
TO PAY THE DEPARTMENT OF INFORMATION RESOURCES AN AMOUNT EQUAL TO
THE MULTI-YEAR DISCOUNT (5%) GRANTED TO THE STATE FOR SERVICES
PROVIDED UP TO THE DATE OF TERMINATION TO REIMBURSE DIGITAL
EQUIPMENT CORPORATION. THIS AMOUNT SHALL BE PAYABLE IMMEDIATELY
UPON TERMINATION OR DELEFION.
The undersigned parties bind themselves to the faithful performance of this contract. The parties
to this contract hereby acknowledge and affirm that the provision of the services described herein,
including all attachments hereto, is both necessary and authorized. The parties hereto certify that:
(i) this contract is authorized by the governing body of each party; (ii) this contract neither
requires nor permits either entity to exceed its respective duties and responsibilities or the
limitations of its appropriated funds; and (iii) payments under this contract shall be made from
current revenues available to the paying party.
PERFORMING PARTY
DEPARTMENT OF INFORMATION RESOURCES
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ATTEST:
arold Willard, Interim City cretary
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