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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