HomeMy WebLinkAbout12182 ORD - 07/17/1974JRR:jkh:hb:7 /15 /74slst •
AN ORDINANCE
AUTHORIZING THE EXECUTION OF A CONTRACT WITH IBM
CORPORATION FOR THE INSTALLMENT PURCHASE OF ADDITIONAL
CORE CAPACITY FOR THE COMPUTER IN THE DATA PROCESSING
DEPARTMENT, ALL AS MORE FULLY SET FORTH IN THE CONTRACT,
A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART
HEREOF, MARKED EXHIBIT "A ", AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be and he is hereby authorized to
execute a contract with IBM Corporation for the installment purchase of
additional core capacity for the computer in the Data Processing Department
of the City of Corpus Christi, all as more fully set forth in the contract,
a copy of which is attached hereto and made a part hereof, marked Exhibit
"Any
SECTION 2. The necessity to immediately authorize execution
of the aforesaid contract creates a public emergency and an imperative public
necessity requiring the suspension of the Charter rule that no ordinance
or resolution shall be passed finally on the date of its introduction and
that such ordinance or resolution shall be read at three several meetings
of the City Council, and the Mayor, having declared such emergency and
necsssity to exist, having requested the suspension of the Charter rule
and that this ordinance take effect and be in full force and effect from
and after its passage, IT IS ACCORDINGLY SO ORDAINED this thejZ5day
of July, 1974.
ATTEST:
*155r City Secretary MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
DAY OF JULY, 1974:
L& � (f
EXEC. ASST. City Attorney 0
1.21 -82
International Business Machines Corporation Armonk, New York 10504
Installment Payment Agreement
(State and meal Gom --t)
To: International Business Machines Corporation
B`an60�i`emd`520 SOUTH CHAPARRAL STREET AgtaemeneNo'` H60297
CORPUS CHRISTI, TX 78401
Br. Off. No.: 115
Name and Address of Ptnehaser: Customer No.: 22050-04
CITY OF CORPUS CHRISTI
317 PEOPLES STREET
CORPUS CHRISTI, TX 78408
This Installment Payment Agreement supplements and amends Agreement No.H 6 0 2 9 7 , dated 11- 0 7 -7 3
19 , between International Business Machines Corporation (hereinafter called IBM) and the above -named Purchaser
with respect to the following rem machines and features (hereinafter collectively called the machines) referred to in said
Agreement:
Type Model - - Description Quantity Unit Price Amount
3135 -61758 MODEL UPGRADE FROM GOO TO
MODEL GF0 1 $44,900.00 $44,900.00
(MES # 653322)
TOTAL $44,900.00
Terms and Conditions
1. Cash Price (if this were a cash sale) ..................... ..............................$44,900.00
2. Cash Down Payment .................................. ..............................8 2,245.00
3. Unpaid Cash Price (Item 1 minus Item 2) ................. ...:...:................:....5 42,-655.00
4. Interest .............................................. ..............................8 6,722,48
5. Contract Time Balance (Sum of Items 3 and 4) ............ .....................:........$ 49; 377'.48
6. Insurance Charges ...................................... ..............:......:.......$ None _
7. Official Fees Filing or Recording) g) ......................... ......:.....................5 None
H. State and Local Taxes (if applicable) ... ............................... . ................$ -0-
9. Total Cash Payment (Sum of Items 2 and 8) ........................ . ....................$ 2 . -2-4 5--Q-0-
10. Total Time Sale Price (Sum of Items 5 and 9) .............. ..............................S 51 .622.48
Please send all commanicad— to tent at its branch office address listed above aaless notified to the contrary.
to /n.00n
-0
•
The Purchaser promises to pay in full the Total Cash Payment consisting of the Down Payment and taxes (if applicable)
(a) upon the date of installation of the machines or (b) with respect to installed machines, on the effective date of the
purchase,
and to pay the Contract Time Balance in consecutive Periodic Payments including Interest for the Fiscal Periods
as set forth below:
PAYMENT PLAN I
PAYMENT PLAN II
Total of
Total Interest
Fiscal
(Annual) (Biennial) Interest Monthly
Monthly Payments
for Fiscal Period
Period
Periodic Payment (Included in Payment) Payment
for Fiscal Period
(Included in Payments)
1
1,042.14
12,505.68
2,627.68
2
976.89
11,722.68
1,844.68
3
741.28
8,895.36
1;26.2-.36,-
4
698.59
8,383.08
750.08 _
5
655.89
7,870.68
237 -AB_
6
The Periodic Payment for Period I is due with respect to
new machines on the first business day of the mouth following
the month of installation and with respect to installed ma.
chines on the first business day of the month following the
month of effective purchase, and the Periodic Payments for
Periods 2 through_r� --are due on the first 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, beginning on the
due dates and continuing on the corresponding day of each
month of the Fiscal Period until fully paid Payments include
interest in the appropriate amount indicated above.
All remittances are to be made at520 SOUTH ;
CHAPARRAL ST., CORPUS CHRIST -I, TX 78401
Notwithstanding the foregoing, if the legislative body appro.
priating funds for the Purchaser does not allocate funds for
such Periodic Payment for any future Fiscal Period, the
Purchaser will not be obligated to pay the Contract Time
Balance remaining unpaid beyond the then current Fiscal
Period. The Purchaser agrees to notify tam of such non.
allocation at the earliest yasible time, by a letter directed
t_ ABOVE ADDRES
Title to the machines and any replacements and additions
shall remain in tom and - assigns until the Total Time Sale
Price is fully paid. In the event that funds are not allocated
as provided above, and the Purchaser is unable to make further
payments under this contract beyond the then current Fiscal
Period, rum will, within a reasonable time after the end of
such Period, enter and take the machines from Purchaser's
premises and will retain all sums previously paid by Pur.
chaser to ism, consisting of the Cash Down Payment and
Periodic Payments; provided; however, that upon Purchaser's .
request, Purchaser may retain the machines during a reason-
able conversion period agreed to by rem at then current rental
charges, beginning on the first day following the last Fiscal
Period for which payment has been made hereunder. If the
machines, at the time of repossession by ism, are not in average
good condition and appearance for machines of their age and
type, fully operational and in good working order, ordinary
wear and tear excepted, the Purchaser shall reimburse ism for
the actual time and materials, at tam's then current rates, ex-
pended by mm to restore the machines to such condition.
The machines shall remain personal property, not become .
part of the freehold, and be kept at No.
317 PEOPLES STREET
(Streat Address)
Cog P JJS CHRISTI, NUECES, TX
(city) (C.—W (state)
General
The Purchaser having been offered the choice of purchasing
at the foregoing Cash Price (plus applicable taxes) or at the
Total Time Sale Price, has elected to purchase at such Total
Time Sale Price.
This Installment Payment Agreement is not assignable by
the Purchaser; none of the machines may be leased, assigned
or transferred by the Purchaser. Any attempted assignment or
transfer by the Purchaser of any of the rights, duties or obli-
gations of this Installment Payment Agreement will be a
breach of this contract and will result in termination of the
Agreement and repossession of the machines by rum, with all
monies paid to be considered partial compensation for ma-
chine use to the date of such repossession. -
The Purchaser agrees to assume full responsibility for all
taxes and other charges payable in connection with this
Agreement and to pay them promptly to the governmental
body or agency which levies or assesses such taxes or charges;
except that any taxes which the assessing body or agency is not
empowered to collect from the Purchaser must be paid to ism
in full on the date of installation of new machines and /or
the effective date of purchase of installed machines.
The Purchaser agrees to pay reasonable attorney's fees for
enforcing rights after the Purchaser's default; and to satisfy
all liens against the machines. Time is of the essence; if any
of the Purchaser's payments are not paid promptly when due
or if the machines or any of them, be removed, destroyed, or
encumbered, or if the Purchaser assigns or disposes of any
legal or equitable right, interest, property or special property
right in the machines, or any of them, this Agreement will
have been breached and ism will:
(I) retain all monies paid by Purchaser, which will be
considered as partial compensation for machine use;
(2) take the machines from Purchaser's premises (and
the machines may be sold with or without notice at private
El
sale or at public sale, with or without having the machines
at the sale, at which sale ism or assigns may purchase) and
(3) pursue any other remedy permitted by law.
Waiver of any default shall not be a waiver of any other
default; all of rat's rights hereunder are cumulative and not
alternative.
If the unit price for any machine is adjusted as provided
in the Agreement herein referred to, Items No. 1 through
No. 10 on the face hereof and the payments herein agreed
to be paid shall be adjusted and this Installment Payment
Agreement shall be amended accordingly.
The Purchaser agrees to procure and maintain fire insur-
ance with extended coverage on the machines for the full
insurable value thereof for the life of this Installment Pay-
ment Agreement, the policy for such insurance being endorsed
to show ]am payable to IBM Bud assigns as respective interests
may appear. Failure by the Purchaser to obtain such insurance
will be deemed a default Upon request a certificate of such
insurance will be furnished to ism or assigns
If any of the provisions hereof are in conflict with any
applicable statute or rule of law, then such provisions shall
he deemed inoperative to the extent that they may conflict
therewith and shall be deemed to be modified to conform with
such statute or rule of law.
This Installment Payment Agreement and its
attached Worksheet and the Agreement herein re-
CORPUS CHRISTI, TX 78401
Received by IBM at—_—_—___---------___---
By- - - - -- -----------------
Maeasa'e aisnetnra
W.W. --- ----- ---- -- --- - - ---- Print) --- - - - - --
Maoager'a Name (Type m Print)
On ----- ----- P_ 7 / 11 / 7 l± ---------------- - - - - --
Date
Accepted by:
International Business Machines Corporation
By------ — -------------------------- -- --------------
Authori,ed Sismtute
------------------------------------------------
Name (Tr, a Print)
------------- ____----------- - ------------
Tine
On-----------------------------
mere
-----------------------------------------------------
witno -to senora Signature
-----------------------------------------------------
wic� w selie� a s�gnetura
•
ferred to relating to the purchase by the Purchaser
of the machines constitute a single agreement and
the entire agreement between the Purchaser and
tart with respect to the purchase and sale of, and
terms of payment for, the machines listed in the
said Agreement The terms and conditions of
this Installment Payment Agreement shall prevail
notwithstanding any variance with the terms and
conditions of the said Agreement.
NOTICE TO THE PURCHASER
1. Do not sign this contract before you read it or if'
it contains any blank spaces.
Z. You are entitled to an exact copy of the contract
you sign.
3. You have the right to pay off in advance the frill
amount due and to obtain a partial refund of the
charge for interest.
THE PURCHASER ACKNOWLEDGES RECEIPT
OF A TRUE COPY OF THIS AGREEMENT
AND THE ATTACHED WORKSHEET, AND
THE AGREEMENT HEREIN REFERRED TO.
CITY OF CORPUS CHRISTI
-----------------------------------------------
Pureharer
------------------------------------------
Actharirrd signature
._-- _ —____ _ ______________________-- _______
Name (Tyre or Print)
.____—____—_____ ______________ ____— _______ - -___
Title
------------------------------------------------
Date
._________________ ________________ ---------------
wit oe® to Purchaser's signature
-------------------------------------------------
wit—to Punch—r', Signature
•
•
Corpus Christi, Texas
day of , 19T
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing
ordinance, a public emergency and imperative necessity exist for the suspen-
sion of the Charter rule or requirement that no ordinance or resolution shall
be passed finally on the date it is introduced, and that such ordinance or
resolution shall be read at three meetings of the City Council; I, therefore,
request that you suspend said Charter rule or requirement and pass this ordi-
nance finally on the date it is introduced, or at the present meeting of the
City Council.
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
The above ordinance was passed by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark