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HomeMy WebLinkAbout15489 ORD - 04/23/1980AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH IBM FOR THE LEASING OF A FINANCIAL ACCOUNTING AND BUDGET- ING SYSTEM; 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 agreements with IBM for the leasing of a financial accounting and budgeting system, all as more fully set forth in the agreements, substantial copy if each being attached hereto and made a part hereof, marked Exhibit A. SECTION 2. The necessity to immediately authorize execution of the aforesaid agreements 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 that such emergency and necessity exist, having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the day of April, 1980. ATTEST: 4*),‘W3e4A" APP D: 10 DAY OF APRIL, 1980: J. BRUCE AYCOCK, CITY ATTORNEY MICROFILMED 15489 .. e THE 07 OF CORPUS CHRISTI, TEXAS International Business Machines Corporation Agreement for IBM Systeme Engineering Services To: International Business Machines Corporation Branch o&ce Addre s: 101 North Shoreline Corpus Christi, TX 78401 Name and Address of Customer: City of Corpus Christi 321 Mesquite Street Corpus Christi, TX 78403 • Armonk, New York 10504 Agreement No.: Br.Off.No.: G6B Customs -No.: 21927-26 The Customer and International Baseness Machines Corporation (tam) agree that the following terms and conditions shall govern in all cases when IBM famishes assistance to the Customer in the installation and use of data processing products. Services This Agreement shall coder all assistance in the installation and use of data processing products by IBM systems engineer- ing personnel at the Customer's request, including, but not limited to, special studies, programming and application de- sign and development, systems analysis and design, conversion and implementation- planning, and installation evaluation. These services may be performed at either the Customer's or IBM'S premises. Term This Agreement is effective from the date on which it is accepted by IBM and shall remain in force until terminated by the Customer upon one month's prior written notice or by met upon three months' prior written notice. Completion of any specific services or Customer's failure to order additional serv- ices hereunder shall not terminate this Agreement, it being the intent of the parties to leave this Agreement in effect in the event of future orders for services. Charges The Customer agrees to pay chargee for these services, in- cluding billable travel time, in accordance with term's estab- lished rates and minimums in effect when the services are rendered. All charges, rate classifications and minimum hours are subject to change by mm upon three months' notice. Charges will be invoiced monthly for services rendered and will be payable on receipt of invoice. There shall be added to any charges under this Agreement amounts equal to any applicable taxes however designated, levied or based on such charges or on this Agreement or the services rendered hereunder, including state and local privi- lege 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 of taxes based on net income. The Customer will reimburse mm for special or unusaal expenses incurred at the Customer's specific request. Control and Supervision Customer tasks on which IBM personnel assist shall remain under the supervision, management and control of the Customer. Confidential ty With respect to financial, statistical and personnel data relating to the Customer's business which is confidential, is clearly so designated, and which is submitted to mm by the Customer in order to carry out this Agreement, mm will in- struct its personnel to keep such information confidential by using thename care and discretion that they use with similar data which rem designates as confidentiaL With respect to technical data relating to the Customers business which is confidential, and which must be submitted to IBM by the Cus- tomer in order for nm to carry out its work under this Agree- ment, the Customer shall lint such data on the Confidentiality Supplement to the applicable IBM Service Estimate in accord- ance with the provisions therein. IBM will instruct its person- nel to keep such information confidential by using the same care and discretion with regard to the identified technical data as they use with similar data which mm designates as confidential. However, mm shall not be required to keep confidential any data which is or becomes publicly available, is already in mm's possession, is independently developed by mm outside the scope of this Agreement, or is rightfully obtained from third parties. In addition, rem shall not be required to keep confidential any ideas, concepts, know -bow, or techniques relating to data processing submitted to IBM or developed during the course of this Agreement by IBM per- sonnel or jointly by IBM and Customer personneL Rights in Data All original written material including programs, card decks, tapes, listings end other programming documentation originated and prepared for the Customer pursuant to this Agreement shall belong exclusively to the Customer. The ideas, concepts, know-how, or techniques relating to data processing, developed during the course of this Agree- ment by mm personnel or jointly by mm and Customer per- sonnel can be used by either party in any way it may deem appropriate. Each invention, discovery or improvement which includes ideas, concepts, know-how, or techniques relating to data processing developed pursuant to this Agreement shall be treated as follows: (a) if made by Customer personnel, it shall he the property of the Customer; (b) if made by mm personnel, it shall be the property of mm and mm grants to the Customer a non-exclusive, irrevocable, and royalty -free license throughout the world; (c) if made jointly by person- nel of tam and the Customer, it shall be jointly owned with- out accounting This Agreement shall not preclude IBM from developing ma- terials which are competitive, irrespective of their similarity, to materials which might be delivered to the Customer pur- suant to this Agreement. Please send alt communications to mm at its branch office address listed above unless notified to the contrary. Cx i9, 1 rronnel , recognition of the fact that IBM personnel provided to Customer under this Agreement may perform similar services from time to time for others, this Agreement shall not prevent IBM from performing such similar services or restrict IBM from using the personnel provided to the Customer under this Agreement. IBM will make every effort consistent with sound business practices to honor the specific requests of the Customer with regard to the assignment of its employees; however, IBM reserves the sole right to determine the assign- ment of its employees. Service Estimates Esthnates of services to he rendered under this Agreement may be agreed to in writing No estimates are guaranteed in any way or to any extent by ton, and do not change this Agreement to a fixed prim contract. IBM will, however, notify the Customer as soon as practicable if the estimate will he exceeded, and the Customer may then terminate the services, paying only for effort expended to that time. Charges will be paid by the Customer at the established rates and minimums whether the charges are above or below the estimate. Service Estimates may include agreed to work schedules of ton personnel IBM will attempt to provide personnel in ac- cordance scordance with such schedules subject to circumstances beyond Inn's control Should an IBM employee be unable to perform scheduled services under this Agreement because of illness, resignation or other muses beyond ton's reasonable control, IBM will attempt to replace such employee within a reasonable time, but ma shall not be liable for failure to replace such employee within the schedule. All schedules may be revised by mutual agreement Lbnitattion o/ Liabiluty The Customer agrees that Inn's liability bmremder for dam- ages, regardless of the form of action, shall not exceed the total amount paid for services under the applicable Service Estimate or lathe authorization for the particular service if no Received bynim at__ Corpus Christi, TX/G6B By SrsxhMamsaar'e ®aoetme Wilson Lewis. Jr. Bmaeh Nevagm'e Neme On - Date Accepted by: International Business Machines Corporation By-------- — — -- ---- AatLmtred Wgeahae Name Title Service Estimate is made. This shall be the Customer's sive remedy. The Customer further agrees that mat will not be any lost profits, nor for any claim or demand again Customer by any other party. No action, regardless of form, arising out of the services under this Agreement, may be brought by either party more than one year after the cause of action has seemed, except that an action for nonpayment may be brought within one year of the date of Test payment IBM does not make any express or implied war- ranties, including, but not limited to, the implied warranties of merchantability and fitness for a par. beaker purpose. In no event will tent be liable for consequential damages even if term bas been advised of the por& bility of each damages. General The terms of this Agreement may be modified by tan upon three months' written notice to the Customer. The Customer may exercise his right to terminate; otherwise, such modifica- tion shall become effective. The term "this Agreement" as used herein includes any future written amendments, modifications or supplements made in accordance herewith. The Customer acknowledges that he has read this Agreement, understands it and agrees to be bound by its terms and farther agrees that it is the eom- llete ami exeinsive statement of the agreement between the parties, which supersedes all proposals oral or written and all other communications be- tween the parties relating to the subject matter of this Agreement This Agrees will he governed by the laws of the State of New York. Citi of Corpus Christi By--------____--'--' ----- ---- AatLorl 191geatme On_ Name Tltte �'. LEAYE CARECy1S IN SECTION 2 INTACT UNTIL All SIGNATURES AFFIXED. CUSTOMERS NAM MUST AGREE. SECTIONS 1 AND 2. • International Busiress Machines Corporation IBM Branch Office Address: Armohk, New York 10504 Amendment to Agreement for Lease or Rental of IBM Machines State and Local Government Lease Plan 101 North Shoreline Corpus Christi, TX 78401 Name and AddreessolCn : City of Corpus Christi 321 Mesquite Street Corpus Christi, TX 78403 ReferenceAgraernent 120-1456 BranchOlfieeNo.: G6B CaomeerNo.L 21927-26 International Retinas Machines Corporation (tet) and the Customer agree that the following terms and conditions amend the Agreement for Lease or Rental of IBM Machines when the Customer elects a State and Local Government Lease Plan for machines and/or their model upgrades and features (together referred to as machine or machines unless the context requires individual reference to model upgrades and features). Specific machines, model upgrades and features become subject to this Amendment when a State and Local Government Lease Plan Supplement (Supplement) is signed by the Customer and Met Coruract Period Each machine will be furnished by IBM under this Amendment for a Contract Period as specified in the Supplement The Commencement Date for a machine being installed will be the day (Monday through Friday) following the dal that the machine is insta 1wi as specified by IBM, provided the applicable Supplement is received by IBM on or before such Commencement Date. The Commencement Date for machines already installed will be the day the applicable Supplement is received by IBM. The Expiration Date of a Contract Period will be the day specified in the applicable Supplement, and is determined by the number of months in the Base Term specified in the applicable Sup- plement Charges There will be a State and Local Government Lease Plan Monthly Charge (Lease Plan Monthly Charge) for each machine, instead of a Monthly Lease Charge or Monthly Rental Charge. For Plan A machines under this Amendment, there wen be no Additional Use Charges. For Phan C machines there will be a Monthly Use Charge as desm'bed in the Section of the Agreement for Lease or Rental of IBM Machines en- titled "Charges." For each machine, the Customer agrees to pay IBM the Total Lease Plan Monthly Charge as specified in the current Sup- plement upplement and any applicable Monthly Use Charge for each machine, beginning 011 the Commencement Date, through the Expiration Date of the Contract Period. For each year of a Contract Period for a machine, beginning with the Commencement Date designated in the Supplement, and thereafter, with each Anniversary Date, there will be a maximum Lease Plan Monthly Charge (Upper Limit) for that year. The Upper Limit for the First year of the Contract Period is the initial Lease Plan Monthly Charge in effect for a machine on the Commencement Date specified in the Supplement The Upper Limit for each succeeding year is calculated by increasing the Upper Limit for the preceding year by an amount which is derived by multiplying the initial Lease Plan Monthly Charge by the Upper Limit Percent specified in that Supplement Upper Limit calculations for -model upgrades atui feature additions are made in a similar manner pursuant to the provisions set forth in the Section entitled "Machine Modifications." For purposes of Upper Limit calculations under this Section, when a machine becomes subject to the Contract Period on or after the an- nouncement, but before the effective date, of an increase in the Lease Plan Monthly Charge, such increased Charge will be used as the initial Lease Plan Monthly Charge For a machine not yet installed, if the applicable Supplement for such machine has been signed by the Customer and IBM, IBM may not increase the Lease Plan Monthly Charge and Upper Limit Percent as specified in tae applicable Supplement unless written notice shall have been given to the Customer at (east three months before the scheduled date of machine shipment as specified in the applicable Supplement. If such notice is given more than three months before each scheduled shipment data, IBM may not increase the Lease Plan Monthly Charge and Upper Limit Percent as specified in the applicable Supplement un- til the end of the Customer's fiscal year in which such notice is given or until the effective data of the increase, whichever is later, and the in- creased Charges and new Upper Limit Percent shall be used for the balance of the Contract Period for determining subsequent Upper Limits. In the event an increase in Lease Pian Monthly Charge or Up- per Limit Percent is made to any machine not yet installed, the Customer may, pu•ce to installation, elect to void the Supplement for the affected machines For a machine which is installed, IBM may, upon at least three months' prior written notice, increase the Leaae Plan Monthly Charge for each machine, modeloggca or feature, as specified in the current Supplement Such increased Charges will be the lower of (1) the Lease Plan Monthly Charge then in effect for Customers commencing a new Contract Period or (2) the Upper Limit in effect for that year. To the ex- tent that any increase eiceeeds the applicable Upper Limit, the excess will autematically he effective on ensuing Anniversary Dates. However, the Customer will pay IBM the Lease Plan Monthly Charge in effect at the time of the notice until the end of the Customers fiscal year in which such notice is given or until the effective date of the increase, whichever is later. The Upper Limit Percent specified in the Supplement will not be in- creased during the Contract Period. IBM may not, during the Contract Period, increase the Purchase Price or decrease the Purchase Option Percent fora machine, model change or feature as specified in the applicable Supplement If the applicable Supplement for an on -order machine has been signed by the Customer and IBM, IBM may not increase the Purchase Price or decrease the Purchase Option Percent, as specified in the ap- plicable pplicable Supplement, up to and including the Scheduled Date of Ship- ment hipment as specified in the initial Supplement In addition, IBM may not decrease the Purchase Option Percent as specified in the applicable Supplement unless (1) the Customer defers shipment after an an- nounced decrease in such percent or (2) the Customer defers shipment before an announced decrease in such percent and the revised Scheduled Date of Shipment for the machine is more than three months following the date of the notice. The Purchase Price for the Contract Period will be specified in the applicable Supplement and shall be the lowest of: i) The Purchase Price as specified in the Supplement in effect immediately prior to the commencement of the Contract Period; ii) IBM's established Purchase Price on the date of shipment: Please wad di communications to lamas its branch office address fisted above axles nod/fed to the contrary. M's established ParchL a Price three .months prior to the cheduled Date of Shipment es specified in the initial Sup- plement, if the Customer does not defer shipment; or iv) IBM's established Purchase Price three months priorr to the revised Scheduled Date of Shipment as specified in the current Supplement, if the Customer does defer shipment prior to an announced price increase. With respect to a Contract Period Extension (hereinafter referred to as "Extension"), as described in the Section entitled "Contract Period Extension,' if the applicable Supplement emending the Contract Period or Extension has been signed by the Customer and IBM, IBM may not increase the Lease Plan Monthly Charge, Monthly Use Charge Rate and Purchase Price, as specified in the Supplement for the Extension, unless written notice thereof shall have been given to the Customer at least three months before the Commencement Date of the Extension, except as described in the Sectionentitled "Machine Modifications." Except as provided herein, all changes in Lease Plan Monthly Charge, Purchase Price, Purchase Option Percent and Upper Limit Percent shall become effective on the date specified in the notice of such cIange. IBM will provide the Customer e revised Supplement reflecting any changes therein on or after the effective date of such changes. This will be the current Supplement as of each effective date under the terms and conditions of this Amendment The applicable Supplement is the initial Supplement or currant Supplement, as appropriate. The initial Supplement is the Feat Supplement signed by the Customer and IBM in which a machine, model upgrade or feature first appears. The Monthly Una Charge Rate for Plan C machines is subject to the same �provisions as apply to Lease Plan Monthly Charges, as described abo Contract Period Erteaeion The Customer may extend a Contract Period any number of times for a period of one year and once for a period less than one year by executing a new Supplement prior to the expiration of the Contract Period or Extension than in effect The Commencement Date of an Ex- • tension is the day immediately following the expiration of the Contract Period or Extension then in effect. The Customer agrees to pay IBM the Total Lease Plan Monthly Charge and any applicable Monthly Use Charge through the Expiration Dam of the Extension as specified in the Extension Supplement. Machine Modifications Machines installed under this Amendment may be mantled by field installable model changes and features in the following manner: UPGRADES: Model upgrades and feature additions may be installed under this Amendment any time daring the Contract Period or Extension by executing a new Supplement. Feature additions will be installed at IBM's then existing applicable Lease Plan Monthly Charge. Model upgrades will be imtakd at the dif- ference between tBM'e then existing Lease Plan Monthly Charge for the model to be installed and IBM's then existing Lease Plan Monthly Charge for the installed modeL For theof determrming future Increases in the Lease Phan Mon tCharge and Upper Limit, as set forth in the Section entitled " gee," each model upgrades and feature additions shall have the same Anniversary Date, Expiration Date and Upper Limit Percent as the installed machine, provided, however, that any increase in Lease Plan Monthly Charge applicable to a model upgrade or feature addition announced prior to the inclusion of such equipment in a Supplement will be effective to the full extent of the merease on the date specified in the notice of such increase and will be the Lease Plan Monthly Charge used for all Upper Limit calculations The Total Lease Plan Monthly Charge will be increased by the amount of the increased Lease Plan Monthly Charge as described above for the model upgrade or feature addition. The Monthly Uee Charge Rate for Plan C machines is emblem to the same provisions as apply** the Lease Plan Monthly Charge, as described above. 2 DOWNGRADES: During the Contract Period ion, upon one month's written notice by the Custom model downgrade to an installed machine may be made only at the end of the Customer's then -current fiscal year or, if the Customer elects to purchase, at the time of purchase. A model downgrade is defined as a model change which results in a decrease in the Total Lease Plan Monthly Charge. For a model downgrade, the Total Lease Plan Monthly Charge will be reduced by the difference between the Lease Plan Monthly Charge for the installed model es specified in the current Supplement and the Lease Plan Monthly Charge which was in effect for the resulting downgraded model as of the earliest date during the Contract Period or Extension on which the machine contained the downgraded model, adjusted for subsequent price changes that would have been applicable to the resulting downgraded model, as provided in the Section entitled'Charges.' Upon one month's prior written notice by the Customer, a feature may be removed from an installed machine at any time during the Contract Period or Extension. For a feature removal, the Total Lease Plan Monthly Charge will be reduced by the Lease Plan Monthly Charge as specified in the current Supplement for such features. Charges After Expiration of the State and Local Government Lease Plant If the Contract Period or Extension expires for a machine, the Customer agrees to pay IBM in accordance with the then current charges, terms and conditions for a Rental Contract Period under the Agreement for Lease or Rental of IBM Machines until the Customer discontinues or purchases the machine. Purchase Option The Customer may elect to purchase a machine aty time during the Contract Period or Extension under the terms of an Agreement for Purchase of Installed IBM Machines Upon request from the Customer, IBM win quote a net purchase option puce for such machine as of a specific month that is not more than three months from the date of the request The net purchase option price, as calculated for each machine, model upgrade and feature, win be the lower of i) The Purchase Price as specified in the current Supplement, less applicable purchase option credits not to exceed the Maximum Purchase Accrual Percent, as slied in the initial Supplement, of the current Supplement's Purchase Price; or ii) IBM's then current purchase price on the Effective Date of Purchase, less applicable purchase option credits not to exceed the Maximum Purchase Accrual Percent, as specified in the initial Supplement, of IBM's then current pnrchase price on the Effective Date of Purchase. Purchase option credits will accrue individually for each machine, model upgrade or feature for the Contract Period and do not accrue for Extensions as described in the Section entitled "Contract Period Ex- tension." Purchase option credits ate not transferable to other Customers or between machines or among a machine, ire models and features Purchase option credits earned under the Agreement for Lease or Rental of IBM Machines for a machine placed under this Amendmenr will be included hereunder under the applicable prior provisions. In ad• dition, monthly purchase option credits accrued under this Amend• ment will be equal to the Lease Plan Monthly Charge as specified in the applicable Supplement multiplied by thePurehase Option Percent as specified in the applicable Supplement Purchase option credits shall be applied in the order in which they are fret incurred. However, in no event may the above purchase option credits accrue for more then the Maximum Accrual Period as specified in the initial Supplement When a machine, model chano or feature ceases to be installed under a Sup- plement, all State and Lmal Government Lease Plan purchase option credits accrued hereunder with regard to that machine, model change or feature than expire except to the extent that such credits would have been eligible under the terms and conditions far a Rental Contract Period under the Agreement for Lease or Rental of IBM Machines Teriion or Discontinuance The Customer may, during a Contract Period or Extension, ter- minate the Supplement or discontinue the machine only at the end of the Customer's then current I-ueml year upon three months' prior writ- ten notice to IBM for a bane central prnceasing complex (CPC) unit, or one month's prior written notice to IBM fora machine other than a CPC unit Any removal of a machine upon the Customer's request during a Contract Period or Extension for return to IBM for any reason, in- cluding machine replacement for model or feature changes which are not field installable, shall be considered a discontinuance for purposes of this Amendment and will only be allowed at the end of the Customer's then current fiscal year. General This Amendment is effective from the date on which it is accepted by IBM. Expiration or termination of any Contract Period or Extension shall not terminate this Amendment, it being the intent of the parties to leave this Amendment in effect in the event of future Contract Periods or Extensions. This Amendment may be terminated concurrent with or following expiration of all Contract Periods or Extensions by Received by IBM et Corpus Christi, TX/G6B Branch OM= Name/Nnmher By Mamgeee Sieoamre Wilson Lewis, Jr. Manager's Nemo (Traver that) On Date Accepted by: International Business Machines Corporation By Aunmri il Signature " Name (True or Pdet) - On Title Date • the Customer upon one month's prior written notice or by IBM upon three months' prior written notice. The terms of the Agreement for Lease or Rental of IBM Machines as amended by this Amendment, shall prevail notwithstanding any vari- ance with provisions stated in any Customer order. In the event of any conflict between this Amendment and the terms of the Agreement for Lease or Rental of IBM Machines, the terms of this Amendment govern with regard to the machines, model changes and features listed in any Supplement This Amendment is not cancellable except as expressly provided herein; nor may any machines, model changes or features to which it is applicable he discontinued except as expressly provided herein. IBM may modify the terms of this Amendment by providing the Customer with at least three months' prior written notice. A modification will apply on the effective date specified in the notice to a new Contract Period or Extension which commences on or after the date of the notice, but will not apply to a Contract Period or Extension which commenced prior to the date of the notice until the Contract Period or Extension has expired or been terminated. In addition to Ibe provisions in the Agreement for Lease or Rental of IBM Machines, IBM DOES NOT MAKE ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE City of Corpus Christi Caeteater ------- Avt o*nodSipntms MUM (Type or Prlat) Title On Date PLEASE PRESS FIRMLY WITH BALL POINT PEN ON HARD SURFACE FOR MAXIMUM LEGIBILITY. !nilIlonai Business Machines'Corporation ' Armonk, New Yo 04 State and Local Government Lease Plan Supplement for Amendment to Agreement for Lease or Rental of IBM Machines State and Local Government Lease Plan Branch OlRceAddress: 101 North Shoreline Reference Agreement No.: 120-1456 Corpus Christi, TX 78401 NameandAddressolCoetamm: City of Corpus Christi 321 Mesquite Street Corpus Christi, TX 78403 . Thio Supplement No.: Branch OEIaeNo.: 863 Calow 'No.: 21927-26 The following machines are subject to the Amendment to Agreement for Lease or Rental of IBM Machines — State and Local Government Lease Plain Item ----Machina t No. Qty Type Model Description Feature t--Feature—r - Lease Plan a Use PurchaseQly. Monthly Change Cberge Prtca" rr–• MuMoe) Number _ Watt PAns) lti.O Prod (Unit Hen 1. 1 5340 E23 Processor 128K, 2D, 27.1MB $1,609.30 $36,340.00 1 5734 8.80 288.00 1 2501 103.40 2,880.00 1 3701 13.20 430.00 1 3500 103.40 2,880.00 1 3702 13.20 430.00 1 1110 17.60 540.00 1 5811 17.60 540.00 1 4900 11.00 360.00 Plan C t ------Contract Period ---t Monthly IBM Plant Serial Upper Limit Purchase Estimated Date Base Term Item Use Charge Order Number(a) Number(a)••• Percent Option of Shipment (m Mexdo) Commencement Expiration No. Rota (O.a,dar M.eihw) (Installed aunts) (545 Una Natal) Percent (e.oNer M..Mes) nem Nand) Date*. Date••• 1. 4365FI 5 50 07-04-80 60 (•) Denotes processor complex unit. (") Maximum Purchase Accrual Percent: 75%. C'•) Serial number(s), if not shown, and date(e) will be entered by IBM upon commencement of the Lease Contract Period(e) and a completed copy of this Supplement will be returned to the Customer. THE CUSTOMER ACKNOWLEDGES THAT THE CUSTOMER HAS READ THE AGREEMENT FOR LEASE OR RENTAL OF IBM MACHINES TOGETHER WITH THE STATE AND LOCAL GOVERNMENT LEASE PLAN AMENDMENT AND THIS SUPPLEMENT AND AGREES TO BE BOUND BY THEIR TERMS AND CONDITIONS. FURTHER. THE CUSTOMER AGREES THAT THE AGREEMENT, THE AMENDMENT AND THIS SUPPLEMENT ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES, WHICH SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE AGREEMENT, THE AMENDMENT AND THIS SUPPLEMENT. Authorization to lease the above listed machines under the terms of the Amendment to Agreement for Lease or Rental of IBM Machines— Page 4— of _2_ State and Local Government Lease Plan is hereby given. International Business Machines Corporation City of Corpus Christi furlamer By By Manager's Sg..uma Date Aothorued Sigmuue Date Manager's Sane Hype or Hot) Name frype or Print) 111111 International Business Machines Corporation Armonk, New York 10504 State and Local Government Lease Plan Supplement for Amendment to Agreement for Lease or Rental of IBM Machines State and Local Government Lease Plan (Continuation Sheet) City of Corpus Christi RefinenceAgreemea5No:: 120-1456 321 Mesquite Street Corpus Christi, TX 78403 Customer Name: Thissupplemiant No.: Branch OBroeNo.: 868 CustomerNc" 21927-26 The following machines are subject to the Amendment to Agreement for Lease or Rental of IBM Machines — State and Leal Government Lease Plan: Feature 1—Feature--s Leese Plan Single Use Purchase Item t ---Mechlin---. Qty. Monthly Charge Charge Price" No. Qty Type Model Description Meth Bhobb.) Number Ndh Mr.) Nth, PA* Neal) 2. 4 5251 011 Di splay Stations $ 88.00 $2,850.00 1 2680 3.30 115.00 11.00 350.00 3. 1 5251 012 Display Station a 1 4600 139.70 4,050.00 1 2550 46.20 1,520.00 1 3701 12.10 430.00 1 4600 11.00 --- 350.00 4. 1 5211 001 160 LPM Printer 262.90 --- 8,960.00 5. 1 5256 003 120 cps Printer 216.70 --- 6,250.00 1 1470 --- $50.00 50.00 1 2680 3.30 --- 115.00 1 4450 --- 54.00 Plan C r._._,_. Period---_': Monthly IBM Plant Serial Upper Limit Purchase Estimated Dam Base Term Item Use Charge Order Nmnber(s) Namber(s)'.. Percent Option of Shipment (d0 Moak') Commencement Bryimtion No. Rata (o.oremnuhm) (Ivma.dMahtm) (suo.mNoted) Percent (o.aa=xdt.r) (e.6.1,..) Date' Date"' 2. 4365FJ 5 55 07-04-80 60 4365FK 5 55 07-04-80 60 4365FL 5 55 07-04-80 60 6201RJ 5 55 07-04-80 60 3. 6201PW 5 55 07-04-80 60 4. 4365FM 5 55 07-04-80 60 5. 6201PX 5 55 07-04-80 60 tional Business Machines.Corporation Armonk, New Y.G4 Supplement to Agreement for IBM Licensed Programs IBM Branch office Address: 101 North Shoreline Corpus Christi, TX 78401 Reference Agreement No.: B05084 Supplement No.: Branch Office No.: G6B Name and Address of Customer: City of Corpus Christi Customer No.: 21927-26 321 Mesquite Street Corpus Christi, TX 78403 The following Licensed Program Materials are hereby made subject to the referenced Agreement for IBM Licensed Programs: Licensed Item Features/ Designated Machine 1- Charges —1 Paymeat Testing Number Optional Materials Type/Serial Initial Process Monthly One•Tuae Period Period Warranted 1. 5726/SS1 5340/ $181.00 --- Cont. 1 Mo. Yes 2. 5726/UT1 5340/ 37.00 --- Cont. 1 Mo. Yes 3. 5726/CB1 5340/ 90.00 --- Cont. 1 Mo. Yes 4. 5726/EM1 5340/ 110.00 --- Cont. 1 Mo. Yes 5. 5726/G21 5340/ 195.00 --- Cont. 1 Mo. Yes Installation Location Fat. Ship/Dei. Date Designated Item Central Local Local Designated IBM license license or Effective Date for Machine Number Service Service Assistance Representative Applies Applies Additional License Location 1. * * N/A CE No No 07-04-80 Above 2. * * N/A CE No No 07-04-80 Above 3. * * N/A CE No No 07-04-80 Above 4. * N/A * CE No No 07-04-80 Above 5. * 11-28-80 N/A SE Yes No 07-04-80 Above Program Services designated above will be provided without additional charge for a current release of the licensed program. 'Provided until discontinued by IBM upon sit months' notice. "Provided until calendar date Indicated. "'Provided ter number of months Indicated. The Customer acknowledges that he has read the Agreement for IBM Licensed Programs together with this Supplement and agrees to be bound by their terms and conditions. Further, the Customer agrees that the Agreement and this Suppleinent are the complete and exclusive statement of the Agreement between the parties, which supersedes all proposals or prior agreements oral or written and 411 other communications between the parties relating to the subject matter of this Agreement and this Supplement. , • International Business Machin Corporation By Mlamgees sigaawre Wilson Lewis, Jr. Manager's Name (type or Print) By City of Corpus Christi Customer Aethoriaa Sieoature Name (Type or Prim) Title On On Date Date Please send all comouueimlians to IBM at its branch office address listed above unless notified to the contrary. in�tional Business Machines Corporation Armonk, New Vo•04 Amendment to Agreement for IBM Licensed Programs — Fiscal Year Price Protection (State and Local Government) To: International Business Machines Corporation BruochCemeAddran: 101 North Shoreline Corpus Christi, TX 78401 Name and Addrem of Customer: City of Corpus Christi 321 Mesquite Street - Corpus Christi, TX 78403 License Agreement No.: Branch Mee No.: G6B Cu mm nNo.: 2192746 International Business Machines Corporation (Bm) and the Customer agree to amend the above referenced Agreement for IBM Licensed Programs and its applicable Supplements and both parties agree to this Amendment on the following terms and conditions. The following provision is added to the first paragraph of the sub -section entitled "Price Changes": "Any increase in monthly charges shall become effective at the end of the Customer's twelve-month fiscal year during which such notice is given or on the effective date of increase whichever is later. The Customer's fiscal year is from C Aug. 1 )to( Jul . 31 ),+« st.oh Dq Wadi Day The terms of this amendment may be modified by IBM upon three months' written notice to the Customer. Received by IBM at�_�9_►�Ils c11�itj,��__—___. - arasp Daus Name/N®ber By Maveaee'e aigaatory Wilson Lewis, Jr. M nageee Name <T9ae mr Print) Date Accepted by: International Business Machines Corporation Ism By By Amboriud s)aKtm. Aatharlud siemtma Name (Type ar Print) Title Nmee (Type or Print) —�_— Title On On__ Date Date Please eendatl communieadons to mem its branch of/tee listed above mhos notified to the contrary. 2120-28040 Wed can em Corpus Christi, �xa�s-� 23 day of ,19Jpp • 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 suspension 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 ordinance finally,on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CI OF CORPUS CHRISTI, TEXAS The Charter rule was suspende by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passed by Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky the following vote: 15489 To R' From INTER -OFFICE COMMUNICATION Depr. FINANCE - PURCHASING Marvin Townsend, City Manager F. D. Glenn, Purchasing Agent Sub/err Bid Invitation No. 120/80 Dare April 8, 1980 Recommend approval of award as follows: 1. Commodity: Lease of Financial Accounting and Budgeting System Finance Department 2. Recommended for Approval: IBM Corporation Corpus Christi, Texas $ 3,611.60 Per Month, plus $ 3,880.00 One time cost for Training, Transportation and Programming. 3. Price Comparison: Not available; first lease of this type. 4. Approval Justification: Only bid. Bid invitations were issued to four firms. 5. The Accounting Division concurs with this recommendation. / O aro Director of Finance ' F. D. Q1enn Approved d F. Zick Purchasing Agent FDG/ar INTER -OFFICE COMMUNICATION ` y Dept. FINANCE - PURCHASING To R. Marvin Townsend, City Manager From F. D. Glenn, Purchasing Agent Subject Bid Invitation No. 120/80 Date April 8, 1980 Recommend approval of award as follows: 1. Commodity: Lease of Financial Accounting and Budgeting System Finance Department 2. Recommended for Approval: IBM Corporation Corpus Christi, Texas $ 3,611.60 Per Month, plus $ 3,880.00 One time cost for Training, Transportation and Programming. 3. Price Comparison: Not available; first lease of this type. 4. Approval Justification: Only bid. Bid invitations were. issued to four firms. 5. The Accounting Division concurs with this recommendation. FDG/ar Approved: Harold F. Zick Director of Finance