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HomeMy WebLinkAbout16117 ORD - 03/18/1981.JD:ikh:3_18_81;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO EXHIBIT "A" OF ORDINANCE NO. 14712, FOR A FIVE-YEAR LEASE WITH IBM CORPORATION FOR A DISC CONTROLLER AND COM- MUNICATIONS CONTROLLER FOR A MONTHLY RENTAL OF $4,987.40 PLUS A SINGLE FEATURE ONE-TIME CHARGE OF $35 AND AUTHOR- IZING A SUPPLEMENT TO EXHIBIT "A" OF ORDINANCE NO. 14712 FOR THE INSTALLMENT OF A TWO -CHANNEL SWITCH FOR THE IBM 3803 CONTROLLER WITH A CASH DOWN PAYMENT OF $828.15 AND MONTHLY INSTALLMENT PAYMENTS OF $100.08 FOR A PERIOD OF 60 MONTHS, PROVIDING FOR TERMINATION WITHOUT PENALTY FOR NON -APPROPRIATION OF FUNDS, ALL AS MORE SPECIFICALLY SET FORTH IN THE AMENDMENT TO AGREEMENT FOR LEASE OF IBM EQUIPMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT 1 AND THE SUPPLEMENT TO AGREEMENT FOR PURCHASE OF IBM FEATURES, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT 2; 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 an amendment to Exhibit "A" of Ordinance No. 14712, for a five-year lease with IBM Corporation for a Disc Controller and Communications Controller for a monthly rental of $4,987.40 plus a single feature one-time charge of $35; and authorization is hereby given for supplementing Exhibit "A" of Ordinance No. 14712 for the installment of a two -channel switch for the IBM 3803 Controller with a cash down payment of $828.15 and monthly installment payments of $100.08 for a period of 60 months, and providing for termination without penalty for non -appropriation of funds, all as more specifically set forth in the Amendment to Agreement for Lease of IBM Equipment, a substantial copy of which is attached hereto and made a part hereof as Exhibit 1 and the Supplement to Agreement for Purchase of IBM Features, a substantial copy of which is attached hereto and made a part hereof as Exhibit 2. SECTION 2. The necessity to authorize execution of the hereinabove described amended agreement and supplement to agreement at the earliest practicable date in order that the data processing equipment may be installed as soon as possible creates a public emergency and an imperative public neces- sity requiring the suspension of the Charter rule that no ordinance or resolu- tion shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City WOEILMED, 16117 1pP 2 71984 Council, and the Mayor, having declared that such emergency and necessity, 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 /I day of March, 1981. ATTEST: Ci Secretary APPRO ED: DAY OF MARCH, 1981: J. BRUCE AYCOCK, CITY ATTORNEY MAYOR THE C Y OF CORPUS CHRISTI, TEXAS ational Business Machines Corporation Armonk, New K Supplement to Agreement for Purchase of IBM Features and Model Conversions — State and Local Government Branch Office Address: 101 N. Shoreline Corpus Christi, Teras 78401 Name and Address of Customer: City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texan 78408 Reference: Agreement No.: This Supplement No.: Branch Office No.: Customer No.: '120-3247 005 115 2205004 The following features and/or model conversions are subject to the referenced Agreement for Purchase of IBM Features and Model Conversions — State and Local Government: Item i—Installed Machine—i Warranty No. Type Serial Category Y Feature ' Model Conversion Estimated Purchase - Addition Removal From - To Date of Price Number ' Number Model Model Shipment Nut Nee) : Amount Qty. 1 3803 15988 B 1 8100 $5,525.00 $5,525.00 Page 1 ' of 1 - TOTAL $5,525.00 - THE CUSTOMER ACKNOWLEDGES THAT THE CUSTOMER HAS READ THE AGREEMENT FOR PURCHASE OF IBM FEATURES AND MODEL CONVERSIONS — STATE AND LOCAL GOVERNMENT TOGETHER WITH THIS SUPPLEMENT AND AGREES TO BE BOUND BY THEIR TERMS AND CONDITIONS. FURTHER, THE CUSTOMER AGREES THAT THE AGREEMENT 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 THIS AGREEMENT AND THIS SUPPLEMENT. International Business Machines Corporation . By as Manager's Signature D. -R. --Barber 2120-29080 (WM 001)1179 Date Manager's Name (Type or Print) Authorrzation to place the above listed features and model con- versions under the terms of the Agreement for Purchase of IBM Features and Model Conversions — State and Local Government is hereby given.' ' GI3� OIz GORPBS F HR S r By c. ' Authorized Signature - Date Name (Type or Pnnt) Please send all communications to IBM at as branch office address listed above unless notified to the contrary. ek lrra rr 3 Onustomer promises to pay in full the Total Cash Payment con - f the Down Payment and State and Local Taxes (if applicable) the Date of Installation of the machines or (b) with respect to installed machines, on the Effective Date of Purchase, and to pay the Contract Time Balance in consecutive Periodic Payments including Finance Charge for the Fiscal Periods as set forth below: PAYMENT PLAN I Periodic Payment Finance Charge Fiscal (Annual) (Included In Period (Biennial) Payment) 2 3 4 5 6 Fiscal Period PAYMENT PLAN I7 Periodic Payment (Total of Monthly Payments for Fiscal Period) Monthly Payment Total Finance Charge for Fiscal Period (Included in Payments) 2 3 4 5 6 100.08 100.08 0.00 1,209.96 100.08_,,.-447.07, 1,200.96 100.08 - 364.01 1,200.96 1,100.88 100.08„_- 169.34 100.08 ..-..55.77 The Periodic Payment for Period 1 is due on the first business day of the month following the Date of Installation or the Effective Date of Purchase, and the Periodic Payments for Periods 2 through 6 are due on the first business day of each succeeding Fiscal Period. If Payment Plan 1 has been chosen, payments must be made in full on the due dates. If Payment Plan II has been chosen, payments must be made in equal consecutive monthly installments beginning on the due dates and continuing on the corresponding day of each month of the Fiscal Period until fully pard. Payments include Finance Charge in the appropriate amount indicated above. The Customer having been offered the choice of purchasing at the foregoing Cash Price (plus applicable State and Local Taxes) or at the Total Time Sale Price has elected to purchase at such Total Time Sale Price. The Customer may at any time pay in advance the full amount due hereunder and the Time Price Differential will be adjusted by IBM to reflect the shorter payment period. All remittances are to be made to the IBM Branch Office address listed herein. Assignments This Installment Payment Agreement is not assignable by the Customer, nor may the Customer sell, transfer, relocate or dispose of the machines, or any of them, without prior written permIssion of IBM. In no event may the machines be relocated outside the United States. Any attempted assignment or transfer by the Customer of any of the rights, duties or obligations of this Installment Payment Agreement is void. Zt20@791.0 2 (UWM 001)5175 Customer's Covenants The Customer agrees that: (a) it will not, create, assume. Eerily suffer to exist, without giving IBM at least 15 calendar oars e. air written notice, any mortgage, pledge, encumbrance, security interest, lien or charge of any kind upon the machines, or any of them; (b) it will keep the machines in good repair and operating condition; (c) it will pay promptly all taxes and other charges when levied or assessed upon the machines, or their operation or use, or upon IBM in connection with this Installment Payment Agreement (exclusive of taxes based on net income); and (d) it will promptly satisfy all liens against the machines. The Customer further agrees to procure and maintain fire insurance with extended coverage against loss, theft, damage to or destruction of the machines for the full insurable value thereof for the duration of this Installment Payment Agreement, the policy for such insurance being endorsed to show loss payable to IBM and assigns as respective interests may appear. Upon request a certificate of such insurance will be fur. nished to IBM or assigns. Any proceeds received directly by IBM under such insurance shall be credited to the payment required from the Customer pursuant to the Section entitled "Destruction of Machines." Destruction of Machines In the event that any of the machines shall be lost, stolen, irreparably damaged or destroyed or otherwise rendered permanently unfit for use from any cause whatsoever (such occurrences being hereinafter called Casualty Occurrences) prior to the payment in full of the Total Time Sale Price, to the extent permitted by law the Customer shall promptly pay to IBM a sum equal to the aggregate Casualty Value of such machines. Any money so paid shall be applied, on the installment date next following receipt by IBM of such payment, to reduce installments thereafter falling due so that such installments represent only the payments due for the remaining machines. The Casualty Value of each machine suffering a Casualty Oc- currence shall be the sum of the balances of Unpaid Cash Price and Time Price Differential unpaid at the time of such Casualty Oc- currence and attributed to such machine, such Time Price Differential being adjusted by IBM to reflect the shorter payment period. • Defaults Any one or more of the following are events of default: (a) the Customer shall fail to pay in full any sum payable by the Customer when due hereunder following IBM's written notice of such failure, ex. cept as provided for in the Sectiori entitled "Funding"; (b) the Customer shall fail to obtain insurance as required in this Installment Payment Agreement; (c) the Customer shall, for more than 30 days after IBM shall have demanded in writing performance or observance thereof, fail to comply with any other term of this Installment Payment , Agreement; (d) any insolvency proceedings of any character, voluntary or involuntary, shall be instituted by or against the Customer; or (e) the Customer shall make an assignment for the benefit of creditors. Remedies If an event of default shall have occurred, IBM or assigns may, to the extent permitted by law: (1) recover the balance of amounts due hereun- der; (2) enter any premises where the machines may be and take possession of them, or render them unusable, and retain all prior payments as partial compensation far their use and depreciation; (3) if Customer has failed to keep the machines in good repair and operating condition, restore the machines to good repair and operating condition at Customer's expense for actual time and materials expended by IBM at IBM's then current charges; (4) sell the machines, after at least 15 days' notice before the date of any intended public sale or the date af• ter which any private sale or other disposition of the machines is to be made, with or without the machines at the sale, at which sale IBM or assigns may purchase the machines; (5) incur reasonable attorneys' fees and legal expenses In exercising any of its rights and remedies upon default which the Customer agrees to pay; and/or (6) pursue any other remedy permitted by law or in equity. Waiver of any default shall not be a waiver of any other default; all of IBM's rights hereunder are cumulative and not alternative. Funding Since the Customer intends to request the appropriation of funds periodically to be paid for the machines, if funds are not appropriated for the Customer for such Periodic Payment for any future Fiscal Period, the Customer will not be obligated to pay the remainder of the Total Time Sale Price due beyond the end of the then current Fiscal Period. Such event will not constitute an event of default. The Customer agrees to notify IBM in writing of such nonappropriation at the earliest possible time. SECTION 2 national Business Machines Corporation Installment Payment Agreement (State and Local Government) Branch Office Address: 101 North Shorelines Corpus Christi, Taxan 78401, Name and Address of Customer: City of Corpus Christi 317 Pooplea Street Corpus Christi, Texas 78401, E Armonk, New Y Agreement No.:' Branch Office No.: 115 Customer No : 2205004 This Installment Payment Agreement supplements and amends Agreement No. 120-3247 ;dated , march 28 19 80 , between International Business Machines Corporation (IBM) and the above-named Customer with respect to the following IBM machines and/or their model upgrades and features (hereinafter called machines) referred to in said Agreement: Type Model/Feature Description ' Quantity Unit Price Amount 3803 '001/8100 , Two Channel Switch Terms and Conditions $5,525:00 $5,525.00 / ) TOTAL $5,525.00 1. Cash Price (if this were a cash sale) $ c, Slr 00 2. Cash Down Payment 8 820_1 5 r 3. Unpaid Cash Price (Item 1 minus Item 2) $ 4,696.85 4. Time Price Differential (Finance Charge on Item 3) $ 1,307.95 5. Contract Time Balance (Sum of Items 3 and 4) $ 6,004.80 6. State and Local Taxes, if Applicable (Computed on Cash Price from Line 1) b r00 7. Total Cash Payment (Sum of •Items 2 and 6) $ 828.15 8. Total Time Sale Price (Sum of Items 5 and 7) 3 6,932.95 2120.2791.0 NIM 001) 5178 Please send a(( communications to IBM at its branch office listed above unless notified to the contrary. 1 mai• ational Bulsiness M•achines Corporation Armonk, New 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 Office Address: 101 Borth Shoreline Corpus Christi, Texas 78401 Name and Address of Customer: - City of Corpus Christi P. 0. Box 9277 Carpus Christi, Texas 78408 Reference Agreement No.: This Supplement No.: Branch Office No.: Customer No.: 120-1456 002 115 2205004 The following machines are subject to the Amendment to Agreement for Lease or Rental of IBM Machines — State and Local Government Lease Plan: Item i----Machine----t No. Qty Type' Model ' Description Feature 1--Feature---1 Lease Plan Single Use Purchase Qty. Monthly Charge Charge Price" (Each Machine) Number tuna Price) (Unit Price) (Umi Pnre) 1 •1 3880 001 Disk Controller 1,908.50 72,160.00 8170 196.90, 7,460.00 Plan C 1 -Contract Period i Monthly IBM Plant Semi Upper Limit Purchase Estimated Date Base Term Item Use Charge Order Number(s) Number(s)"' Percent Option of Shipment (60 Months) Commencement Expiration No. Rate - (On -Order Machine) (Installed Machine) (5% Unless Noted) Percent (0.0rderllachine) (Unless Noted) Date's. Date"' 1 - 7275YE 752 06-12-81 - - (') Denotes processor complex unit. (") Maximum Purchase Accrual Percent: 75%. ("") Serial number(s), if not shown, and date(s) will be entered by IBM upon commencement of the Lease Contract Period(s) 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 TILE AGREEMENT, TILE 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 RELATLNG TO THE SUBJECT MATTER OF THE AGREEMENT, THE AMENDMENT AND THIS SUPPLEMENT. Authorization to lease the above Itsted machines under the terms of the Amendment to Agreement for Lease or Rental of IBM Machines— Page _h of - State and Local Government Lease Plan is hereby given. International Business Machines Corporation ---CITY--OR-CORPUS-CA£ISTI Customer By By Manager's Signature Date • Authorized Signature - Date �. R._Barber Manager's Name (Type or Prim) Name (Type or Pnnt) - Please send all communications to IBM at its branch office address listed above unless notified to the contrary. rr, t/ / - 2120-2708-3(UIM001)AEV. a779 CUSTOMER 3 )ational Business Machines Corporation . Armonk, New 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 Office Address: Reference Agreement No.: -120-1456 101 North Shoreline Corpus Christi, Texas 78401 This Supplement No.. 003 Name and Address of Customer: Branch Office No.: -U5 City of Corpus Christi P. 0. Box 9277 Customer No.: 2205004 Corpus Christi, Texas 78408 The following machines are subject to the Amendment to Agreement for Lease or Rental of IBM Machines — State and Local Government Lease Plan: Feature u --Feature--i Lease Plan Single Use Purchase _ Item--Maehine---- i Qty. Monthly Charge Charge Price' No. Qty Type• Model ' Description, (Each Machine) Number (Unit Price) (Unit Price) (Una Pare) 1 1 3705 E05 Communication Control Unit' 1,941.50 44,510. 1 1302 19.80 641. 1 1642 226.60 4,750. 2 1544 203.50/en 4,410./ea 1 4701 49.50 1,105. 5. 4714 45.10/ea 1,030./ea 1 , 4650 12.10 424. 1 8510 35.00 35. Plan C Contract Period Monthly IBM Plant Serial Upper Limit Purchase Estimated Date Base Term Item Use Charge OrderNumber(s) Number(s)aaa Percent Option of Shipment (60 Month.) Commencement Expiration No. Rate (0n0rder Machine) (bundled Machine) (55 Unless Noted) Percent )O -Order Machine) (UnIes. Noted) Date•" Date •• 1 9168ML 75% 06-12-81 (') Denotes processor complex unit. (") Maximum Purchase Accrual Percent: 75%. (**1Serial number(s), if not shown, and date(s) will be entered by IBM upon commencement of the Lease Contract Period(s) 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 of _L . - State and Local Government Lease Plan is hereby given. International Business Machines Corporation -_CITY-OF-CORPDS- ISTI Customer ' By By - Manager', Signature Date Authorized Signature Date P. R. Barkin,. Manager's Name (Type or Prim)- Name (Type or Pnnt) • Please send all communications to IBM at its branch office address listed above unless notified tothe contrary. Z120-27083(WM 00t)REV.BI79- CUSTOMER 3 t that funds are not appropriated as provided above and mer is unable to make further payments due under this In- t Payment Agfeement'beyond 'the end of the then current Fiscal Period, IBM will, within a reasonable time after the end of such Period, enter and take the machines from Customer's premises and will retain all sums previously paid by Customer to IBM as partial com- pensation for machine use and depreciation; provided, however, that upon Customer's request, Customer may, prior to such repossession, retain the machines during a reasonable period agreed to by IBM at a monthly charge designated by IBM, beginning on the first day following the last Fiscal Period for which payment has been made hereunder. Security Interest and Location of Machines To secure the payment of the Total Time Sale Price, IBM reserves a purchase money security interest in each of the machines and Customer hereby grants a security interest in any substitutions, replacements and additions thereto and the proceeds thereof. A copy of this Installment Payment Agreement may be fded with appropriate authorities at any time after signature by the Customer as a financing statement in order to perfect IBM's security interest. Such filing does not constitute acceptance of this Installment Payment Agreement by IBM The Customer also shall execute from time to time, alone or with IBM, any financing statements or other documents and do such other act or acts considered by IBM to be necessary or desirable to perfect or protect the security interests hereby created. The machines shall remain personal properly, not become part of the freehold, and be kept at: 317 Peoples Street (street adders,) Corpus Christi Nueces (cin) (county) where IBM may inspect them at any reasonable time., General If the Unit Price for any machine is adjusted as provided l Agreement referred to herein, the payments herein agreed to shall be adjusted and this Installment Payment Agreement shall be amended accordingly. The terms and conditions of this Installment Payment Agreement shall prevail notwithstanding any variance with the terms and con- ditions of the Agreement referred to herein. Should this Installment Payment Agreement and/or the Agreement referred to herein be held by the courts to be invalid or unenforceable, in whole or in part, the parties agree that the machines shall be deemed to have been installed pursuant to the terms and conditions of IBM's Agreement for Lease or Rental of IBM Machines and its State and Local Government Lease Plan Amendment at IBM's applicable Lease Plan Monthly Charges, commencing with the Date of Installation or the Effective Date of Purchase of the machines. For the period prior to such holding, IBM shall credit to the applicable Lease Plan Monthly Charges the amounts paid by the Customer to 11101 under this In- stallment Payment Agreement and amounts paid by the Customer far maintenance, property taxes and Insurance. Any excess credits shall be refunded to the Customer, and any deficiency shall be due to IBM; but in no vent shall any amount be due to IBM in excess of funds ap- propriated. This Installment Payment Agreement and the Agreement referred to herein constitute a single Agreement and the com- plete and exclusive statement of the agreement between the Customer and IBM, which supersedes all proposals or prior agreements, oral or written, and all other communications be- tween the parties relating to the subject matter of this Agreement. The Customer acknowledges that Customer has read this Agreement, understands it, agrees to be bound by its terms and conditions, and by Customer's signature below •Texas- r^ acknowledges that Customer is legally authorized to enter into (s1ole) this Agreement. The Customer acknowledges receipt of a true copy hereof and of the Agreement referred to herein. Received by IBM at Corpus Christi 115 ,, Branch Office Name/Number _.. By Manager's Signature Manager's Name (Type ar Print) On Date Accepted by: International Business Machines Corporation By Authorized Signature Y Name () pe or Print) Title On Date Witness 0 IBMs signature 2120.2791.0 NIM 001) 0178 City of Corpas Christi Canamer By Authorised Signature Name (Type or Print) Title On Date Witness to Customer's Signature Witness to IBM's Signature Witness to Customer's Signature PLEASE PRESS FIRMLY WITH BALL POINT PEN ON A HARD SURFACE FOR MAXIMUM LEGIBILITY. 3 SECTION 3 Corpus Christi, Texas /4 day of 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, i/ MAYOR r THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky by the following vote: 36117