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Home My WebLink About12540 ORD - 03/19/1975MLM:e:hb:3 /18/75:lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN IN- STALLMENT PAYMENT AGREEMENT BETNEEN THE CITY OF CORPUS CHRISTI AND IBM CORPORATION FOR THE IN- STALLMENT PURCHASE OF A LINE ADAPTER FOR THE INTEGRATED COMMUNICATIONS SYSTEM FOR THE POLICE DEPARTMENT ON THE IBM 370 COMPUTER, AT A TOTAL COST OF $4,935.63, INCLUDING INTEREST, WITH A DOWN PAYMENT OF $217.50 AND THE BALANCE TO BE PAID OVER A FIVE -YEAR PERIOD, AS SET FORTH IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT 'W', AND MADE A PART HEREOF; 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, for and on behalf of the City of Corpus Christi, an Installment Payment Agreement between the City and IBM Corporation for the installment purchase of an additional line adapter for the Integrated Communications System for the Police Department on the IBM 370 computer, at a total cost of $4,935.63, including interest, with a down payment of $217.50 and the balance to be paid over a five -year period, as more fully set out in the Installment Payment Agreement, a copy of which, in substantially the same form, is attached hereto, marked Exhibit 'W', and made a part hereof for all pertinent purposes. SECTION.2: That the necessity to authorize the execution of the above described Agreement so that installation of this additional line adapter may be accomplished as soon as possible 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 IS ACCORDINGLY SO ORDAINED this the./f day of March, 1975. ATTES `691'.crerary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS AP ROVED: D F MARCH, 1975: utN y City Attorney 12540 THIS SET IS COMPOSED OF TWO SECTIONS: SECTION I 1. SEPARATE SECTION 1 (SHORT SHEETS) CARBON INTACT FROM SECTION 2. A. ASSEMBLE AGREEMENT IN PAGE NUMBER SEQUENCE. PURCHASER TO RETAIN 2. AFTER TYPING, DETACH CARBONS IN SECTION 1. LAST CARBON COPY OF SET. 3. THE PURCHASER NEED ONLY SIGN ONCE IN INK, PROVIDED THE CAR80N Recording) ....................... TRANSFER OF THE SIGNATURE APPEARS LEGIBLY ON THE REMAINING COPIES. NOTE: PURCHASER'S NAME MUST AGREE, SECTIONS I AND 2. zs> International Business Machines Corporation Armonk, New York 10504 Installment Payment Agreement (State and Local Government) To: International Business Machines Corporation Branch Office Address: Agreement No.: 101 N. SHORELINE CORPUS CHRISTI, TX 78403 Br. Off. No.: 115 Name and Address of Purchaser: Customer No.: 2205004 CITY OF CORPUS CHRSTI 317 PEOPLES STREET CORPUS CHRISTI, TX 78408 This Installment Payment Agreement supplements and amends Agreement No. H 6 0 2 9 7z dated 11-07-73 19 7 3, between International Business Machines Corporation (hereinafter called IBM) and the above-named Purchaser with respect to the following IBM machines and features (hereinafter collectively called the machines) referred to in said Agreement: Type Model Description Quantity Unit Price Amount 3135 H00 LINE ADAPTER 1 $4,350,00 $4,350.00 TOTAL $4,350.00 Terms and Conditions 1. Cash Price (if this were a cash sale) .................... ............................... $ 4,350.00 2. Cash Down Payment .................................. ..............................$ 91 7'. SO 3. Unpaid Cash Price (Item 1 minus Item 2) ............... ............................... 6 4 139 - SO_ 4. Interest ............................................. ..............................8 585.63 5. Contract Time Balance (Sum of Items 3 and 4) ............ ..............................6 4,718, 13 6. Insurance Charges .................................... .............................$ None 7. Official Fees (Filing or Recording) ....................... ..............................$ None 8. State and Local Taxes (if applicable) ..................... ..............................$ NONE 9. Total Cash Payment (Sum of Items 2 and 8) ............... ..............................8 217.50 10. Total Time Sale Price (Sum of Items 5 and 9) ............. ............................... $ Please send all communications to mat at its branch ofce address listed aboae unless notified to the contrary. zizo.lzse.z 1 to /R.00u = -V 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 H • 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 85.01. 255.03 70.16 2 96.84---, _- 1162.08' . 205.08 i 3 - 92.08-:- 1104.96 I47:9G 4 69.77 837.24 97.74 5 66.09 793.08 --53--58 62.86 565.74 11.11 6 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 purtase, and the Periodic Payments for Periods 2 through-----L-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 ab ove. SHOKCl1NC�re &kMie b I l+'i IX 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 IBM of such non. allocatiogAkL} a Ag11,AtB le time, by a letter directed Title to the machines and any-,replacements and additions shall remain in tam 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, IBM 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 IBM, 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 IBM 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 IBM, 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 IBM for the actual time and materials, at IBM's then current rates, ex- pended by mm to restore the machines to such condition. 2 The machines shall remain personal property, not become part the PEOPL�SdSTR ETN 317 o. CORPUS CHRIS1TItNEU6ES TEXAS (city) (County) (Btnte) 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, bas 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 he a breach of this contract and will result in termination of the Agreement and repossession of the machines by IBM, 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 IBM 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 Iota will: (1) 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 �`• t sale or at public sale, with or without having the machines at the sale, at which sale teat 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 mm'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 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 tam 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 rule of law. This Installment Payment Agreement and its attached Worksheet and the Agreement herein re- Received by IBM at __ &Ojj j? 41_ �H R I 5 T I (T X ------ By---------------------------------------------------- 3lanagee. Signature 3lanageds Name (Type or Print) Accepted by: International Business Machines Corporation By---------------------------------------------------- Authorircd Signature ----------------------- ------ -------------- ------ - - - -- Name (Type or Print) ______________________________________________________ Title On---------------------------------------------------- Date ------------------------ ------------------------ - - - - -- Witness to Seller's Signature _______________________ _______________________________ Witness to Seller's Signature r <u %w oot�c SECTION 2 ferred to relating to the purchase by the Purchaser of the machines constitute a single agreement and 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 sign. 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. CIJY_- OF___QNP_!!S__CJjAI JI__________ _ _ __ __ Purchaser By---------------------------------------------------- Authorired Signature ______________________________________________________ Name (Type or Print) _________________________ _______________________ ____ __ Tine On---------------------------------------------------- Date _______________________ ____________________ ___________ Witness to Purchaser's Signnturc _______________________ ________ __________ _____________ Witness to Purchasei s Signature 3 Corpus Christi, Texas ,/,day of , 19 / -S 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. Respectful 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