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HomeMy WebLinkAbout12375 ORD - 11/27/1974JRR:VMR:11- 27- 74;1ST
TEXAS:
AN ORDINANCE 3 9
AUTHORIZING THE EXECUTION OF A CONTRACT WITH IBM
CORPORATION FOR THE INSTALLMENT PURCHASE OF ADDITIONAL
CORE CAPACITY FOR THE COMPUTER IN THE DATA PROCESSING
DIVISION, ALL AS MORE FULLY SET FORTH IN THE CONTRACT,
A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HERE-
OF, MARKED EXHIBIT "A ", AND DECLARING AN EMERGENCY.
C
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
.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 DIVISION
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
"A ", AND AS FURTHER IMPLEMENTATION OF PRIOR CONTRACTS BETWEEN THE CITY AND
IBM.
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
NECESSITY 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 15 ACCORDINGLY SO ORDAINED THIS THE DAY OF
NOVEMBER, 1974.
ATTEST:
APPROVED:
DAY OF NOVEMBER, 1974•
jCiY ATTORNEY
MAY
THE CITY OF CORPUS CHRISTI, IfIXAS
Inil$ional Business Machines Corporation
Agreement for Purchase of IBM Machines
(State and Local Government)
To: International Business Machines Corporation
Branch Offica Address:
520 S. CHAPARRAL STREET
CORPUS CHRISTI, TX 78401
. Name and Address of Purchaser:
CITY OF CORPUS CHRISTI
317 PEOPLES STREET
CORPUS CHRISTI, TX 78403
Armonk, New 004
Agc ent No.:
Administrative Br. Off. Na.: 115
cast.No.: 22050 -04
The Purchaser agrees to purchase and International Business. Machines Corporation (mm) by its acceptance of this Agreement
agrees to sell, on the following terms and conditions, the machines and features [called machine (a) l listed below and more fully
described in the attached Specification Sheets.
The prices shown below are F.o.a. IBM Plant. All transportation, rigging and draying charges will he paid by the Purchaser.
There shall be added to the prices shown below amounts equal to any taxes, however designated, levied or based on such prices or
on this Agreement or the machines, including state and local privilege or excise taxes based on gross revenue, and any taxes or
amounts in lieu thereof paid or payable by IBM in respect of the foregoing, exclusive, however, of taxes based on net income. Any
personal property taxes assessable on the machines after delivery to the carrier shall be borne by the Purchaser.
Terms
This Agreement must he received by IBM on or before the Date of Installation of the machines. Payment in full for each machine
shall he due upon the Date of Installation unless otherwise provided in an Installment Payment Agreement between IBM and the
Purchaser.
Item No. Warranty Scheduled Date of
Typo Model Category Description Machine Shipment Quantity Unit Price Amount
1 3135 H00 A CENTRAL PROCESSING 11/08/74 1 46,600.00 46600.00
UNIT
_ A TOTAL$ 46, 600.00
Please send all w— unkations to tan at its breach office address listed above unless notified to the wntrary.
aao•¢aeo.o
cu /,a.coa) 1 CUSTOMER
Conditions of Purchase
T
*1cach machine peeves to the Parchaser'on the date of ship-
ment from tam, or on the date of acceptance of this Agreement by
tam, whichever is later.
Security Interest
IBM reserves a purchase money security interest in each of the
machines listed beret in the amount of its purchase price. These
interests will be satisfied by payment in full unless otherwise pro-
vided in an IBM Installment Payment Agreement. A copy of this
Agreement may he filed with appropriate state authorities at any
time after signature by the Purchaser as a financing statement in
order to perfect IBM's security interest. Such filing does not constitute
acceptance of this Agreement by IBM.
Risk of Loss
boring the period the machines are in transit or in possession of
the Purchaser, up to and including the Date of Installation, IBM and
its insurers, if any, relieve the Purchaser of responsibility for all
risks of loss or damage to the machines including damage caused
by Purchaser's negligence, except for loss or damage caused by
nuclear reaction, nuclear radiation or radioactive contamination
caused by the Purchaser. After the Date of Installation, the risk of
loss or damage shall be on the Purchaser.
.Delivery
Delivery will be made in accordance with the delivery schedule
which is mutually agreed to by the Purchaser and IBM, subject to
conditions beyond mm's control. The method of shipment must he
consistent with the nature of the machines and hazards of trans-
portation.
Price Protection Period
Prices of the machines stated herein will not be subject to any
'established price increases up to and including the mutually agreed
to Scheduled Date(s) of Machine Shipment shown on the face of
-the Agreement
'If IBM's established price for any machine upon the Date of Instal-
lation or forty -five days after plant shipment, whichever occurs first,
shall he lower than the price for such machine stated in this Agree-
ment, the Purchaser shall have the benefit of such lower price.
Installation
The Purchaser shall provide a suitable installation environment
with all facilities prescribed by the appropriate IBM Installation
Manual— Physical Planning and furnish all labor required for
mnpacking and placing each machine in the desired location. Packag-
ing materials shall he the property of the Purchaser. Machines pur.
chased under this Agreement shall be installed and placed in good
working order by lam. The day (Monday through Friday) following
that on -which (f) tam determines that the machine has been placed
in good working order, or (ii) the machine is delivered Bud the
Purchaser fails to provide a suitable installation environment, shall
be considered the Date of Installation of such machine for all pur-
poses of this Agreement. IBM will notify the Purchaser when the
machine has been ,placed in good working order.
Wafrraray
Machines purchased under this Agreement maybe either newly
manufactured by IBM from new and serviceable used parts which are
equivalent to new in performance in these machines, or assembled
by om from serviceable used parts, or machines which have been
previously installed Machines assembled from serviceable used
parts and machines previously installed will at the time of shipment
meet product functional specifications currently applicable to new
machines. .
The Purchaser will be responsible for assuring the proper use,
management and supervision of the machines and programs, audit
controls, operating methods and office procedures, for establishing
the necessary controls over access to data, and for establishing all
proper check points and.procedures necessary for the intended use
of the machines and the security of the data stored therein. The
Purchaser agrees that IBM will not be liable for any damages caused
by the Purchaser's failure to fulfill these responsibilities. The fol-
]owing warranties shall apply to the machines described herein.
I. Service and Parts Warranty
Commdncing on dhd Date of Installation, tam will mar good
working order each Warranty Category A machine for one year
and each Warranty Category B or C machine for three-month, at
no additional charge to. the Purchaser. At the Parchaser s request.
IBM will make all necessary adjustments, repairs and parts replace-
ments. All replacement parts will he new or equivalent .to new in
performance when used in these machines. All replaced parts will
become the property of IBM on an exchange basis. IBM may; dt its
option, store maintenance equipment or parts on - the Purchaser's
premises that IBM deems, necessary to fulfill this Warranty.
Service pursuant to this Warranty as required at any time will,
normally be fnaished-by IBM's nearest Branch Mice or resident
location. IBM shall have full and free seem to the machines to
perform this service. There will be no charge for travel expense
associated with warranty services except that actual travel expense
shall be charged in those unusual instances where the site of which
the machine is located is not normally accessible by private auto-
mobile or scheduled public transportation. The Purchaser shall
promptly inform IBM of any change in the machine location during -
the warranty period. Service outside the scope of this Warranty will
be furnished at IBm's applicable hourly rates and terms then in effect
11. Parts Warranty
For one year commencing on the Date of Installation, IBM warrants
each Warranty Category B or C machine (excluding vacuum tpbes
and soli& state and other electronic. devices which are wafranted for
three months) to he free from defects in material and workmanship.
IBM's obligation is limited to furnishing on an exchange basis
replacements for parts which have been promptly reported -by the
Purchaser as having been, in his opinion, defective and are so found
by IBM upon inspection. All replacement parts will be new or dquiva.
lent to new, in performance when used in these machines. All
replaced parts will become the property of tam on an exchange basis.
No service will he furnished pursuant to this Parts Warranty.
III. Limitations
The foregoing warranties will not apply to repair of damage or
increase in service time caused by: accident, transportation; neglect
or misuse; alterations (which shall include, but'not be lilnitod to.
any deviation from circuit or-structurdl machine design as provided
by tam, installation or removal of IBM features, or ally other modifira-
tion or maintenance related activities, whenever any of the fore-
going are performed by other than rem representatives; - auk
machine other than those owned by thm, under warranty provision
of an IBM Purchase. Agreement or under an IBM Maintenance
Agreement; failure to provide a suitable installation environment
with all facilities prescribed by the appropriate IBM 'Installation
Manual — Physical Planning (including but not limited to, failure
of,. or failure to provide adequate electrical pawer, air conditioning
or humidity control) ; the use of supplies or materials not meeting
IBM specifications for such installation; or the use of the'machine
for other than data processing purposes for which designed.
IBM shall not be responsible for failure to provide Service or parts
due to causes beyond its control or required to adjust qr repair any
machine or part if it would be impractical to do so because of
alterations in the machine or its connection. by mechanical or elec-
trical means to another machine or device or if. the machine is
located outside the United States, Puerto. Rico or the. Canal Zone.
Maintenonee, Service and Parts
IBM will, if requested, provide the Purchaser with maintenance
service for the machines, and repair or replacement parts, as long
as they are generally available, on the basis of IBM's established
prices and terms prevailing at the time.
Configaration.Changes, Additional Features,
Model Conversions
By agreement between IBM and the Purchaser, changes in the
configuration of machines described herein may be made prior to
the date of shipment. Additional features and model conversions
which are field installable may be ordered in writing by. the'Pur.
chaser under this Agreement, at any time after its acceptance by
IBM, for installation in the machines subject to the then prevailing
prices and terms and conditions. ..
Commencing on the Date of Installation of an additional feature
or model conversion increment the following warranties as described
gbove all apply thereto: (f) a one year Service and Parts War -
ran tailed on a Warranty Category A machine; (if) a three
mo and Parts Warranty if installed on a Warranty
Cate machine; or (iii) a three month Parts Warranty if
installed on a Warranty Category C machine. In addition to the
foregoing, an additional feature or model conversion increment
installed on a Warranty Category B or C machine within one year
of the Date of Installation of the machine will have the unexpired
Warranty, if any, of such machine.
Accessories, Engineering Changes,
Cards, Tapes and Supplies
DIM will, upon request, furnish to the Purchaser, at ism's estab-
lished prices and terms prevailing at the time, any machines,
attachments, features and engineering changes as mm shall have
available for sale and which may be suitable for use on, or in con-
nection with, the machines. But mm makes no representation that
such machines, attachments, features or engineering changes which
may be announced in the future, will be suitable for use on, or in
connection with, these machines. IBM will also furnish to the Pur-
chaser, upon request, at ism's established prices and terms prevailing
at the time, cards, tapes and other supplies used in the operation
of the machines, as long as tam has them available for sale.
Limitnion o/ Liability
The foregoing warranties are in lieu of all other war -
ranties express or implied, including, but not limited
to, the implied warranties of merchantability and fitness
for a particular purpose.
The Purchaser farther agrees that mm will not he liable for any
lost profits, or for any claim or demand against the Purchaser by
any other party, except a claim for patent infringement as provided
herein.
No action, regardless of form, arising out of the transactions under
this Agreement, may be brought by either party more than one year
after the cause of action has accrued, except that an action for non-
payment may be brought within one year after the date of last
payment.
In no event will mm be liable for consequential damages even if
mm has been advised of the possibility of such damages.
Patent Indemnity
IBM will defend at its own expense, any action brought against
the Purchaser, to the extent that it is based on a claim that the
machines supplied by tam, or the operation of such machines pur-
suant to a current release and modification level of any Type I
program or System Control Programming furnished by tem, infringe
a United States patent and, ism will pay those costs and damages
finally awarded against the Purchaser in any such claim, but such
defense and payments are conditioned on the following:
Received by IBM at_ --- ORP- (!Ji _CNR.IStI'._ TA ----------
By--- --- -------------------------------------------------
Managees Signature
----------------------------------------------------------
Manaser's Name (Type or Prnt)
On------------------------------- — ------------------------
Date
Accepted by:
International Business Machines Corporation
By---------------------------------------------------------
Authoriz d Signature
-----------------------------------------------------------
Name (Type or Print)
------------------------------------------------------------
Title
On---------------------------------------------------------
Date
—o—so-1
(0—on
(i) that ism shall be notified promptly in writing a Pur-
chaser of any notice of such claim; end
(ii) that ism shall have the sole control of the def any
action on such claim and all negotiations for its ement
or compromise; and
(iii) should the machines, or the operation thereof, become, or
in IBM's opinion be likely to become, the subject of a claim
of infringement of a United States patent, that the Purchaser
shall permit tam, at its option and expense, either to procure
for the Purchaser the right to continue using the machines,
to replace or modify the same so that they become non-
infringing, or to grant the Purchaser a credit for such
machines as depreciated and accept their return. The de-
preciation shall be an equal amount per year over the life
of the machines as established by ism.
IBM shall have no liability to the Purchaser under any provision
of this clause with respect to any claim of patent infringement which
is based upon:
(i) the combination, or utilization, of machines furnished here-
under with machines or devices not made by mm; or
(ii) the operation of machines furnished by am pursuant to any
program other than, or in addition to, the aforementioned
Type I programs or System Control Programming; or
(iii) the modification by the Purchaser of machines furnished
hereunder or of the aforementioned Type I programs or
System Control Programming.
The foregoing states the entire liability of mm with respect to
infringement of patents.
General
This Agreement is not assignable without written permission from
mm; any attempt to assign any rights, duties or obligations which
arise under this Agreement without such permission shall be void.
This Agreement will he governed by the laws of the State of New
York It constitutes the complete and exclusive statement of the
agreement between the parties which supersedes all proposals, oral
or written, and all other communications between the parties relating
to the subject matter of this Agreement.
If any provision or provisions of this Agreement shall be held
to be invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not in any way be
affected or impaired thereby.
This Agreement may only be changed in a writing, executed on
behalf of mm and of the Purchaser. The term "this- Agreement°
as used herein includes any applicable Installment Payment Agree-
ment, Supplement, or future written amendment made in accordance
herewith.
The Purchaser acknowledges that he has read this
Agreement, understands it and agrees to all terms and
conditions stated herein.
CITY OF CORPUS CHRISTI
--- ------- ---------- - - - - -- - ---------------------
BY--- — ------------ — -------------------- — ----------------
Authorltect Signature
------------------------------------------------------------
Nerve (Type or Print)
------------------------------------------------------ - - - - -'
Title
On---------------------------------------------------------
Dam
CUSTOMER
rnational Business Machines Corporation Armonk, New York 1
Installment Payment Agreement
(State and Iacal Government)
To: International Business Machines Corporation
Branch Office Address: Agreement No.:
520 SOUTH CHAPARRAL STREET
CORPUS CHRISTI, TX 78401 Br. Off. No.: 115
Name and Address of Porcheeca: Customer No.: 22050-04
CITY OF CORPUS CHRISTI
317 PEOPLES STREET
CORPUS CHRISTI, TX 78403
This Installment Payment Agreement supplements and amends Agreement NoH 6 0 2 97 , dated 11-07-73
19 7 3 between International Business Machines Corporation (hereinafter called rears) and the above -named Purchaser
with respect to the following rem machines and features (hereinafter collectively called the niachines) referred to in said
Agreement:
Typo Model Description_ Quantity Unit Price Amount_
3135 H00 CENTRAL PROCESSING UNIT 1 46,600.00 46,600.00
TOTAL- $46,600.00
Terms and Conditions
1. Cash Price (if this were a Cash sale) , . ,S 46,600.00
2. Cash Down Payment ................................... .............................S 2 ,3 3 0: 0 0
3. Unpaid Cash Price (Item 1 minus Item 2) ................ ......................:.......S 44,270-00
4. Interest .............................................. .............:...:............5 7,685.44
5. Contract Time Balance (Sum of Items 3 and 4) ............ ..............................5 51,955.44
6. Insurance Charges .......... ............................... .......5 None
.................
7. Official Fees (Filing or Recording) ........................ ..............................5 None
8. State and Local Taxes (if applicable) ..................... ..............................5 NONE
9. Total Cash Payment (Sum of Items 2 and 8) .............. ............................... S 2,330-00
10. Total Time Sale Price (Sam of Items 5 and 9) ............. ............................... 8-.5 4.2 8 5.44
Please send all communkations to ism wits branch office address listed above unless notified to the cow ary.
z.sa.tzse.a 1
cuh•oou
e Purchaser promises to pay in full the Total Cash Payment consisting of the Down Payment and taxes (if appliam
upon the date of installation of the machines or (b) with respect to installed machines, on the effective date
rchase, and to pay the Contract Time Balance in consecutive Periodic Payments including Interest for the Fiscal Pe
as set forth below:
PAYMENT PLAN I
PAYMENT PLAN II
The Periodic Payment for Period 1 is due with respect to
new machines on the first business day of the month 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 F are due on the first business
day of each succeeding Fiscal Period. If Payment Plan I has
been chosen, payments must he 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 at-520 S. CHAPARRAL
ST. CORPUS CHRISTI 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 mm of such non'
allocation at the earliest possible time, by a letter directed
to ABOVE ADDRESS
Title to .the machines and any replacements and additions
shall remain in mat 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, mm 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 mm, 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 tam 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 mm, 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 mm for
the actual time and materials, at mm's then current rates, ex-
pended by mm to restore the machines to such condition.
4
The machines shall remain personal property, not become
part of the freehold, and be kept at No.
-317 PFOPI.FS STRFFT., C
(Street Address)
CORPUS CHRISTI N(JFCFS TEXAS -
(city) (County) (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 mm, with all
monies paid to he 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 mm
in fall 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:
(1) retain all monies paid by Purchaser, which will he
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
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
929.38
6,505.66
1,884.49
2
1,059.46
12,713.52
2,461.52
3
997.89
11,974.68
1,722.68
4
749.66
8,995.92
1,073.92
5
702.08
8,424.96
502.96
6
668.14
3,340.70
39.87
The Periodic Payment for Period 1 is due with respect to
new machines on the first business day of the month 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 F are due on the first business
day of each succeeding Fiscal Period. If Payment Plan I has
been chosen, payments must he 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 at-520 S. CHAPARRAL
ST. CORPUS CHRISTI 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 mm of such non'
allocation at the earliest possible time, by a letter directed
to ABOVE ADDRESS
Title to .the machines and any replacements and additions
shall remain in mat 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, mm 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 mm, 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 tam 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 mm, 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 mm for
the actual time and materials, at mm's then current rates, ex-
pended by mm to restore the machines to such condition.
4
The machines shall remain personal property, not become
part of the freehold, and be kept at No.
-317 PFOPI.FS STRFFT., C
(Street Address)
CORPUS CHRISTI N(JFCFS TEXAS -
(city) (County) (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 mm, with all
monies paid to he 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 mm
in fall 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:
(1) retain all monies paid by Purchaser, which will he
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
or at public sale, with or without having the machines
e sale, at which sale rant or assign may purchase) and
(3) pursue any other remedy permitted by law.
Waiver of any default shall not he a waiver of any other
default; all of iant'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
Agent 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 loss payable to tam and 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 mm or assigns.
If any of the provisions hereof are in conflict with any
applicable statute or rule of law, then such provisions shall
be deemed inoperative to the extent that they may conflict
therewith and shall be deemed to be modified to conform with
such statute or role of law:.
This Installment Payment Agreement and its
attached Worksheet and the Agreement herein re.
Received by IBMet__ CORPUS_CHRISTI� —TX
manger Nerve (Type or Print)
On----------- ------- --- -- ----- ----- --- --- - --
Data
Accepted by:
International Business Machines Corporation
By- ------------------ ---- ----- ------- ------ --- - - --
Authoriwd ale'mtoae
ferred to relating to the purchase by the Purcl
of the machines constitute a single agreement
the entire agreement between the Purchaser and
mm 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.
2. You are entitled to an exact copy of the contract
you dg-
3. You have the right to pay off in advance the full
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
-------- - -- ------ -- -------------
rove
By— ------------ -----------------------------
Anthwiaed t3lgaatore
---- ---- — -------------- ------ --- — -------- Neme (Type or Print) Nerve (Tyne or Print)
TRW
Title
On-- -------------------------- — ------------------ —. On------------------------------------------------
Date Date
w(tom to Sea@'e s)gnatma
W)tnm to Parehamr's Stsnatore
---- --- ---- — -------- — -------- -------------------- --------------------------- — --------------- — --------
Witam to Seaer'a Sigoatore Witt -a to Porehaaws aigmnue
I1Yp- 14]8.4
lU /11.001)
Corpus Christi, Texas
+a/ d y of 19
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 L +,I y
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark