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