The URL can be used to link to this page

Home My WebLink About12708 ORD - 07/23/1975JKH:VMR :7- 21- 75;IST TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE IBM CORPORATION FOR THE INSTALLMENT PURCHASE OF ADDITIONAL COMPUTER CORE CAPACITY FOR THE COMPUTER IN THE DATA PROCESSING DIVISION, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, IN SUBSTANTIALLY THE FORM AT- TACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. 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 THE IBM CORPORATION FOR THE INSTALLMENT PURCHASE OF ADDITIONAL COMPUTER 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, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ". SECTION 2. THE NECESSITY TO IMMEDIATELY AUTHORIZE EXECUTION OF THE AFORESAID CONTRACT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECES- SITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION BUT 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, AND 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 Y OF JULY, 1975• ATTEST: MAP A,3 DAY OF JULY, 1975 ACTING CITY T ORNEY MAYO�AS THE CITY OF CORPUS CHRISTI, 12708 CORPUS CHRISTI, TEXAS �9 TO THE NENHERS OF THE CITY COUNCIL = DAY OF Corpus CHRISTI, TEXAS C. OR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORC'INANCE, 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 COUNCILS 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, TE THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL Bon GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GAME LOZANO, SR. EDWARD L. SAMPLE International Business Machines Corporation Armonk, Neea York 10504 Application For Credit ( Under Installment Payment Plan) To: International Business Machines Corporation Reference Patch — Agreement No H60297 ' Branch Office Address: Installment Payment Agreement No: H60297 101 N. SHORELINE DR. CORPUS CHRISTI, TX 78403 B. Off.No. - 115 Name and Address of Purobaser: Costume= No : 22050-04 CITY OF CORPUS CHRISTI 317 PEOPLES STREET Date: MAY 13, 1975 CORPUS CHRISTI, TX 78408 On Order® Plant Order No. Scheduled Data. f or i J She pmcn Purchase Installed ❑ Type ?stodel or Sena] Nn. Anticipated Date of Purchase Pnce 3135 HFO MES #748680 AUGUST 22, 1975 $32,450.00 END -Requested term 60 months. Total Purchase Price ( —) Down Payment 1,622.50 (-{-) State and Local Taxes. NONE (_) Amount to be Financed 30 , 827. 50 If financial information is being provided to ism on a continuing basis indicate file number: Anpllcatmn for Credit File Na. Applicant wishes to purchase the machines even if ram credit is not approved: Ye, [:1 No Applicant is listed on the Stock Exchange or Qnot listed The machines are being purchased for sale or lease to another party: Yes ❑ No ® (If answer is "Yes ", please provide additional information on reverse side). Applicant has business location(s) in only one county in the state of machine location: YesO ( NEUCES ) No F-1 County The machines will be installed at (same as above ®) or name and address: ----------------------------------------- ----------------------------------------------------------- REVIEWED IaM SIGNATURE DATE _______________________ ______________________ ___ ______ ❑ APPaoVEO ❑ Nor APPaoVE Please send all cammun, cations to imu at as branch office address listed above unless nohfied to the contrary. CONDITIONS The prices stated herein are subject to change as provided in the applicable purchase agreement. Expiration of Credit Approval IBM reserves the right to request a new Application for Credit if either (i) the Scheduled Date of Shipment is deferred more than thirty days; or (ii) the purchase transaction is not complete within thirty days after the Anticipated Date of Purchase. In no case will credit approval extend beyond six months from the date this Application is signed by the Applicant. Purchase of On Order Machines This application and a corresponding Installment Payment Agreement signed by the Purchaser must be received and time stamped at the above IBM Branch Office no sooner than ninety days nor later than thirty days prior to the Scheduled Date of Shipment. The corresponding Agreement for Purchase of IBM Machines must also be submitted with this application unless previously submitted. If the Applicant does not wish to purchase the machines unless credit is approved, he may so indicate above, in which case the Agreement for Purchase of IBM Machines and the Installment Payment Agreement will be returned to the Applicant, unaccepted by IBM, should credit be denied. Purchase of Installed Machines This application must be received and time stamped at the above IBM Branch Office no sooner than ninety nor later than thirty days prior to the Anticipated Date of Purchase. Upon credit approval of IBM, the Applicant must submit to IBM a signed Agreement for Purchase of Installed IBM Machines and an IBM Installment Payment Agreement accompanied by the down payment thereunder in order to purchase the machines. Purchase of On Order or Installed Machines If the machines are to be Icased to another party, the Applicant agrees to list below the name and address of each creditor to whom the Applicant has a financial obligation which will be secured by the machines, through_the operation of an after acquired property clause or otherwise. Applicant agrees that IBM may rely on the accuracy of this information in determining whether to approve or deny credit. Applicant understands that his furnishing incomplete or inaccurate information may constitute an event of default under the Installment Payment Agreement. (Check here t$ if Applicant has no such obligations). The undersigned Applicant warrants that all the information provided herein is complete and accurate. CITY OF CORPUS CHRISTI R. MARVIN TOWNSEND CITY MANAGER Offl— s Title International Business Machines Corporation Armonk, New York 10504 Installment Payment Agreement (State and Local Government) To: International Business Machines Corporation Branch Office Address: 101 N. SHORELINE DRIVE CORPUS CHRISTI, TX 78403 Name and Address of Purchaser: CITY OF CORPUS CHRISTI 317 PEOPLE STREET CORPUS CHRISTI, TX 78408 Agreement No.: H60297 Br. off. No.: 115 Customer No.: 22-"1150-04 This Installment Payment Agreement supplements and amends Agreement No. H60297, dated NOVEMBER 7 , 1973 , 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 HFO MEMORY UPGRADE 1 $32,450.00 $32,450.00 TOTAL $32,450.00 Terms and Conditions 1. Cash Price (if this were a cash sale) ..................... ..............................$ A2 .4511 _ (1n 2- Cash Down Payment .................................. ..............................$ 1,11,22-50 3. Unpaid Cash Price (Item 1 minus Item 2) ................ ..............................$ 30,827.50 4. Interest ............................................. ..............................$ 4,278.95 5. Contract Time Balance (Sum of Items 3 and 4) ............ ..............................$ 35,106.45 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) ............... ..............................$ 17622.50 10. Total Time Sale Price (Sum of Items 5 and 9) ............. I .... I ............ I .......... . $ 36j 728.9 5 Please send all eontrouniceiiona to tent at its branch office address listed above unless notified to the contrary. zizo -v sa.x 1 tun � ou 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: The Periodic Payment for Period 1 i, due with respect to new machines on the first busmen, 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 5 are due on the first business day of each succeeding Fiscal Period If Payment Plan I has been chosen, payments most be made m 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 101, N- Ill R F t I N E CORPUS CHRISTI, TX 78403 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 tB t of such n allocation at the earliest possible time, by a letter directed THE ABOVE ADDRESS Title to the machines and any replacements and additions shall remain in tact and assigns until the Total Time Sale Price is fully paid. In the event that funds are not allocated a. provided above, and the Purchaser is unable to make Further p3ymente under this contract beyond the then current Fiscal Period. tam will, within a reasonable time after the end of such Period, enter and take the machine, from Purchaser's premises and will retain all sums previously paid by Pur- chaser to tuns, consisting of the Cash Down Payment and Periodic Payments; provided, however, that upon Purchaser's request, Purchaser may retain the ni -1,i— during a reason- able conversion period agreed to by teat 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 IBN1, 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 inn for the actual time and materials, at ism's then current rates, ex- pended by tent to restore the machines to such condition. The machines shall remain personal property, not beco part of the freehold, and be kept at No. 317 PEOPLES STRFFT (Street Address) CORPUS CHRTSTT NEllf FS TX tcurt roo�ntrt tsn.c.t 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 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 ry 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 ma(Iiines. 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 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 PAYMENT PLAN I PAYMENT PLAN II Total of Total Interest F—a1 ( Annual) (Biennial) Interest Monthly Monthly Payments for Fiscal Period Period Periodic Payment (Included in Payment) Payment for Fiscal Period (Included in Payments) 1 $604.04 $5,436.36 $1,298.98 2 703.92 8,447.04 1008.04 3 669.87 8,038.44 899.44 4 504.77 6,057.24 540.74 5 478.47 5,741.64 225.14 6 461.91 1,385.73 6.61 The Periodic Payment for Period 1 i, due with respect to new machines on the first busmen, 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 5 are due on the first business day of each succeeding Fiscal Period If Payment Plan I has been chosen, payments most be made m 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 101, N- Ill R F t I N E CORPUS CHRISTI, TX 78403 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 tB t of such n allocation at the earliest possible time, by a letter directed THE ABOVE ADDRESS Title to the machines and any replacements and additions shall remain in tact and assigns until the Total Time Sale Price is fully paid. In the event that funds are not allocated a. provided above, and the Purchaser is unable to make Further p3ymente under this contract beyond the then current Fiscal Period. tam will, within a reasonable time after the end of such Period, enter and take the machine, from Purchaser's premises and will retain all sums previously paid by Pur- chaser to tuns, consisting of the Cash Down Payment and Periodic Payments; provided, however, that upon Purchaser's request, Purchaser may retain the ni -1,i— during a reason- able conversion period agreed to by teat 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 IBN1, 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 inn for the actual time and materials, at ism's then current rates, ex- pended by tent to restore the machines to such condition. The machines shall remain personal property, not beco part of the freehold, and be kept at No. 317 PEOPLES STRFFT (Street Address) CORPUS CHRTSTT NEllf FS TX tcurt roo�ntrt tsn.c.t 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 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 ry 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 ma(Iiines. 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 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 'ale or at public sale, eith or without having the machines at the sale, at which sale last 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 [ant'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- wrth extended c erage on the machines, for the full arable value thereof for the life of this Installment Pay- ment Agreement, the policy for such insurance being endorsed to show loss payable to tart 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 tans 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 __ CORPUS_ CHRISTI�__TX_____ By----------------- _______________-------------------- >xanaaei a slgnat�e ----------------------------------------------------- Manager's Name (Type or Print) On------------------- --- -- Date --- ------ --_- ___-- __ -_ -___ Accepted by: International Business Machines Corporation By------------------------------------ — -------------- Anthoriaed Signature ------------------------------------------------------ _ Name (Ty nr Pnnt) ------------------------------------------------------ Title On--------------------------------------------------- Date _______ ________________________ ______ ________ witness to Seller's signatare ______________________________________________________ Witness to Seiler'. Signature ru /n oou ferred to relating to the purchase by the Purchaser of the machines constitute a single agreement and the entire agreement between the Purchaser and 1111M 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- CITY OF CORPUS CHRISTI - - - -_ -------- - - - --- ---- - - -- Pvrchaeer By---------------------------------------------------- Authorized Signature TOWN $ENQ_ __ _________ __ _________ __ __ Name (Type or Print) __CITY _____________________________ x.ue On_________ ________ __ _______ Date ______ _____________________________ Witness to Yurchaser's S�anature Witness to Purchaser's S, -al "I