HomeMy WebLinkAbout13516 ORD - 12/08/1976JKH:hb:12 /7176:lst
AN ORDINANCE 13516 0 _ Algp�N�Eb
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACTN 3
WITH THE IBM CORPORATION FOR PURCHASE OF AN ADDITIO
LINE ADAPTER FOR THE INTEGRATED COMMUNICATIONS
ADAPTER ON THE IBM S -370 MODEL 135 COMPUTER, ALL AS
MORE FULLY DESCRIBED IN THE INSTALLMENT PAYMENT AGREE-
MENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED 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, TEXAS:
SECTION 1. That the City Manager be and he is hereby authorized
to execute a contract with the IBM Corporation for purchase of an addi-
tional line adapter for the integrated communications adapter on the IBM
S -370 Model 135 computer, all as more fully described in the installment
payment agreement, a substantial copy of which is attached hereto, marked
Exhibit "A ", and made a part hereof.
t
SECTION 2. The necessity to authorize execution of the afore-
said contract in order that the additional equipment may be installed at
the earliest practicable date 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 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, 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
8 day of December, 1976.
ATTE '
Ci Secretary MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
VII�DAY OF DECEMBER, 1976:
S. B UCE AYCOCK, ATTORNEY
By Assistant Civ Attorney MICROFILMED,
JUN 3 01980
l 35 1�
a�
0
International Business Machines Corporation Armonk, New York 10504
Installment Payment Agreement
(State and Local Govemment)
To: International Business Machines Corporation
Branch Ofrlee Address: Agreement No.:
101 N. SHORELD E DR.
CORPUS CHRISTI, TX 78403 Br. Off. No.: 115
Name and Address of Purchae". Customer No.: 22050-04
CITY OF CORPUS CHRISTI
317 PEOPLES STREET
CORPUS CHRISTI, TX 78408
This Installment Payinent Agreement supplements -and amends Agreement No. 1-160297
, dated NOVEyBER
19 73 , between International Business Machines Corporation (hereinafter called tent)
and the above-named Purchaser
with respect to the following tint machines and features (hereinafter collectively called
the machines) referred to in said
Agreement:
_Type hlndel Description Quantity
Unit Price Amount
3135.. - 100 ICA LITE 1
r
7,150.00 7 ?150,00
TOTAL $7,150.00
Terms and Conditions
1. Cash Price (if this were a cash sale) ................................................... 5_ 7.150.00
2. Cash Down Payment .................................. ..............................5 • 357.50
3. Unpaid Cash Price (Item 1 minus Item 2) ................ ..............................8 6,792.50
4. Interest ...............................
............. :..............................
s 643.10
5. Contract Time Balance (Sum of Items 3 and 4) ............ .................:............$ 7.435.60
I
6. Insurance Charges ....................... .............. :....................... . ....$ None
7. Official Fees (filing or Recording) ........................ .................:.:.........S None
8. State and Local Taxes (if applicable) ..................... ..............................s NONE
9. Total Cash Payment (Sum of Items 2 and 8) ............... ..............................5 357.50
10. Total Time Sale Price (Sum of Items 5 and 9) .............. ..............................8 7, 793.10
Please send all communications to tax at its branch ogice address listed above unless notified to the contrary.
to /w -oon 1
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 purcltese, and the Periodic Payments for
Periods 2 through 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 If 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 PO BOX 2706
_CORPUS CFMISTI, 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 tam of such non -
allocatio t the earliest ossible time b a letter directed
to, Bl?AnN f'I MWAGERPPO BOX VJ6, CORPUS
CHRISTI, TX-78403
-Title _to the machines and any 7eplacements and additions
shall remain in tam and assigns until the Total Time Sale
Price is fully ppid. 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, ram will, within a reasonable time after the end of
such Period, enter and take the machines from Purchasers
premises and will retain all sums previously paid by Pur-
chaser to ism, consisting of the Cash Down Payment and
Periodic Payments; provided, however, that upon Purchaser's
request, Purchaser may retain the machines during a reason-
able conversion period agreed to by 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 teat, 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 inai for
the actual time and materials, at teat's then current rates, ex-
pended by teat to restore the machines to such condition.
2
The machines shall remain personal property, not become
part of the freehold, and be kept at No.
(Send Addre )
CORPUS CHRISTI, NUECES TX
(city) (county) (state)
General
The Purchaser having been offered the choice of purchasing
at the foregoing Cush Price (plus applicabde taxes) or at the
Total Time Sale Price, lies elected to purchase at such Total
Time Sale Price.
This Installment Payment Agreement is not assignable by
the Purchaser; none of the machines rrtny 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 roar, 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 ibc 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 lam
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 mat 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
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
If
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)
I 167.44
1,172.08
205.20
2 188.58
2,262.96
247.96
3 179.80
2,157.60
i42.6o
4 142.07
1,704.84
47.34
5 138.12
138.12
-4-
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 purcltese, and the Periodic Payments for
Periods 2 through 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 If 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 PO BOX 2706
_CORPUS CFMISTI, 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 tam of such non -
allocatio t the earliest ossible time b a letter directed
to, Bl?AnN f'I MWAGERPPO BOX VJ6, CORPUS
CHRISTI, TX-78403
-Title _to the machines and any 7eplacements and additions
shall remain in tam and assigns until the Total Time Sale
Price is fully ppid. 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, ram will, within a reasonable time after the end of
such Period, enter and take the machines from Purchasers
premises and will retain all sums previously paid by Pur-
chaser to ism, consisting of the Cash Down Payment and
Periodic Payments; provided, however, that upon Purchaser's
request, Purchaser may retain the machines during a reason-
able conversion period agreed to by 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 teat, 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 inai for
the actual time and materials, at teat's then current rates, ex-
pended by teat to restore the machines to such condition.
2
The machines shall remain personal property, not become
part of the freehold, and be kept at No.
(Send Addre )
CORPUS CHRISTI, NUECES TX
(city) (county) (state)
General
The Purchaser having been offered the choice of purchasing
at the foregoing Cush Price (plus applicabde taxes) or at the
Total Time Sale Price, lies elected to purchase at such Total
Time Sale Price.
This Installment Payment Agreement is not assignable by
the Purchaser; none of the machines rrtny 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 roar, 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 ibc 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 lam
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 mat 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
r
• J •
sale or at public sale, with or without having the machines
at the sale, at which sale tam 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 tax'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 tom and assigns as respective interests
may appear. Failure by the Purchaser to obtain such insurance
will be deemed a dehudt. Upon request a certificate of such
insurance will be foinkhed to tsar 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 he deemed to be modified to conform with
such statute or rule of law.
This Installment Payment Agreement and its
attached Workhl Icet anti the Agreement herein re-
ReceivedbylBllint_ _CORPUS CfIFCCST.C�_TX---- ___ - --
By----------------------------------------------------
Dlnonger's Signature
-----------------------------------------------------
D[nnag.r'r home (T—.r VA.0
On----------------------------------------------------
nate
Accepted by:
International Buslionis Machines Corporation
ferred to relating to the purchase by the Purchaser
of the machines constitute a single agreement and
the entire agreement between the Purchaser and
tram 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, TX
---- -- - - - - -- - - - - - -- - -------- -- - - --
Purebaser
By------------- --- ----- - -- -- ------ -------- --- - -- - - -- By-------------------- or
A,01� irrd S -g.,Wu Anth i e ed Signature
dome (Tryeer Print)
Tltla
On----------------------------------------------------
Late
------------------------------------------------------
W itn— to Seller's Signature
------------------------------------------------ - - -- --
W ito— to Serer. signature
I)Se.l2]6.2 -
(e /g -001)
---------------------------------------------------
Name (Type or Print)
Title
On----------------------------------- - ---------------
rate
ATTEST:
------------------------------------------------------
Witne n to Parchaver s Signature
Bill G. Read,_City Secretary------- ---- - - - - --
Witn to Purchaser a Signature '
APPROVED: DAY OF 1976:
J. BRUCE AYCNK_, CITY ATTbiFITEY
3 By
Assistant City Attorney
CORPUS CHRISTI TEXAS
_DAY OF 191-1
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCES 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; 1, 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, AS
THE CHARTER RULE WAS SUSPENDED BY T E FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
r EDWARD L. SAMPLE
THE ABOVE ORDINANCE WAS PASSED BY TH FOLLOWING VOTE:
JASON LUBY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE