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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