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Home My WebLink About13516 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