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HomeMy WebLinkAbout17088 ORD - 06/23/1982AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH NATIONAL ADVANCED SYSTEMS CORPORATION FOR TWO MEGABYTES OF MAIN MEMORY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute a twelve month lease agreement with National Advanced Sytems Corporation for two megabytes of Main Memory for a memory upgrade of the National Advanced Systems AS/5000 computer at a monthly rental of $775, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A." SECTION 2. Thai upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need to execute the aforementioned lease agreement so that the computer system can be upgraded at the earliest possible date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall ta effect upon first reading as an emergency measure this the 4,?3 day of ATTEST: Ageiz, 4L/I Cit' Secretary APPROVED - 'DAY OF yyt,r02.-- J. Bruce Aycock, City ttorney , 1982. 'YOR -1Y , 1982: 17088 THE CITY OF CORPUS CHRISTI, TEXAS WOOV°9 gy 0 vgs4 rier'ational • . AwAt, Advanced Systems June 11, 1982 Mr. Bob Poe Director of Data Processing City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78404 Dear Bob: We are pleased to confirm the following rates and terms for two megabytes of main memory for the installed AS/5000N. Monthly Rental Equipment ' Two Year Term One Year Term Purchase Price AS/5000N Two Megabyte $500.00 $775.00 $20,000 Main Memory Installation: Included in Monthly Rental. Transportation: Included in Monthly Rental. Monthly Maintenance: Included in Monthly Rental for 7 day/24 hour coverage. Please advise me by letter as to your desire to place the memory on order at the earliest time. In order to install on or before August 1, 1982, we shall have to complete required documentation as included prior to July 10, 1982. Thank you for this opportunity to be of service to you. Sincerely, . Arthur Winchell enior Marketing Representative WAW:sns Exh sfi"" HERITAGE SQUARE TOWER, 4835 L.B.J. FREEWAY, SUITE 700, DALLAS, TEXAS 75234 (214) 661-3311 National Advanced Systems a a subsedtary of National Semiconductor 62--)--X,r2O2P ref 1 b..thtariced Systems 800 EAST MIDDLEFIELD ROAD MOUNTAIN VIEW, CALIFORNIA 94043 (415) 952-6000 OPERATING LEASE EQUIPMENT SCHEDULE FIXED TERM LESSEE City of Corpus Christi Name P.O. Box 9277 Billing Address Corpus Christi, Texas 78408 City State Zip 517/8R4-101 I Attention Phone No. Reference No. W0182 Schedule No. B Branch Office Dallas Sales Representative Rill Winrhell EQUIPMENT LOCATION: Data Processing Dept. 1015 Santa Fe Street Suite or Bldg. No. Corpus Christi City County Texas 78404 State Zip Attention Item Model Qty. Description Purchaw Price Monthly Rent Annual Upper Limit Percentage • 1. One (1) 2MB Main $20,000 Memory, AS/5000N • $775.00 5% Total Monthly Rcnt Charge S 775.00 A. Term. The terms of the Lease for the Equip- ment listed herein shall begin on the first day of the month following the date of installation thereof (the "Commencement Date") and shall terminate 12 month(s) after the Commencement Date (the "Lease Period"), except as provided in Section 7 of the Lease. The date of installation for any item of Equip- ment shall be the date on which the entity responsible for installing such item of Equipment certifies in writing that such item is installed and placed in good working order. B. Rent. As rent for each item of Equipment, Lessee shall pay Lessor the sum of (i) the Monthly Rent per month, payable in advance on the Commencement Date and on the first day of each month thereafter during the term of the Lease, and (ii) an amount equal to I/30th of the Monthly Rent for each item of Equipment times the number of days which have elapsed from the date of in- stallation of such item to the Commencement Date, which amount shall be paid on the Commencement Date ("Rent"). Lessor reserves the right to change the Monthly NAS381002 Rent upon ninety days written notice to Lessee; provided, however, that any such change shall not exceed the ap- plicable Annual Upper Limit Percentage set forth above. Service charges for delinquent accounts shall be the lesser of one and one half (11/2) percent per month or the max- imum amount allowed by law. C. Renewal Period. Subject to Lessor's termina- tion rights, the Lease Period shall be renewed automatical- ly for a period of three (3) months, at the then current Monthly Rent, unless Lessee has given Lessor written notice ninety (90) days prior to the end of the Lease Period of its intent not to renew. At least 30 clays prior to the date specified in the notice of its intent not to renew the Lease Period, Lessee may elect to rescind such notice by deliver). to Lessor ol written notice to rescind. D. Termination. Neither Lessee or Lessor may ter- minate this Lease during the Lease Period or Renewal Period, unless the other is in default. E. Stipulated Lass Value. The Stipulated Loy; l'agc 1 01 2 Value tor each unit of Equipment shall be the applicable purchase option amount set forth in an Exhibit attached hereto and incorporated herein. F. Indemnity. Lessee shall and does hereby indem- nify Lessor against, and hold Lessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorneys' fees ("Claims"), arising out of, connected with or resulting from this Lease or the Equipment, including, without limitation, the manufacture, selection, purchase, delivery, possession, condition, use, operation or return thereof. This indemnity shall not apply to require indemnity of Lessor itself for any Claims caused by the wilful miscon- duct or gross negligence of Lessor. G. Applicable Law. This Lease shall be governed by and construed under the laws of the State of IIXIXNVIN Texas. The terms of this lease are --tAlj• performable in Corpus Christi, Nueces County, Texas. , This schedule is hereby incorporated into and made a part of the above referenced Lease. IN WITNESS WHEREOF, The parties hereto have each caused this Lease to be duly executed by their respective authorized officers. H. In the event no funds or insufficient funds are appropriated and budgeted or otherwise available by any means whatsoever in any fiscal year for Rental Payments due under this Lease, then the Lessee shall immediately notify the Lessor or its assignee of such occurence and this Lease shall create no further obligation of Lessee as to such current or succeeding fiscal year and shall be null and void, except as to the portions of Rental Payments herein agreed upon for which funds shall have been appro- priated and budgeted. In such event this Lease shall terminate on the last day of the fiscal year for which appropriations were received without penalty -or expense to Lessee of any kind whatsoever. LESSOR NATIONAL ADVANCED SYSTEMS CORPORATION By Name Title Date LESSEE City of Corpus Christi By X Name Edward A. Martin Title City Manager Date (Attach Operating Lease Terms and Conditions) Paee 2 of 2 NAS Operating Lase No. WD_ Schedule B • Exhibit B 1 Purchase Option This exhibit is hereby incorporated into that certain Operating Lease (the "Lease") between the parties hereto and more particularly identified by the NAS Operating Lease Number set forth above. So long as no Event of default shall have occurred and be continuing under the Lease and provided that the Lease has not been terminated, the Lessee shall have the option to purchase the Equipment or, at the option of NAS, a model of identical configuration at any time during the Lease Period of any Renewal Period for a purchase price equal to the then current list price of the Equipment minus purchase credits of 75% of the total Charges paid under the Lease applied to a maximum of 75% of the then current list price of the Equipment (the "Purchase Price"). Not less than 90 days prior to the end of the term of the Lease, the Lessee may exercise, by written notification to NAS, the purchase option described above. At any time during the Lease Period or any Renewal Period, if the Lessee has elected to purchase the Equipment, the Lessee shall purchase from NAS and NAS shall sell to the Lessee, without recourse or warranty, the Equipment for a cash consideration equal to the Purchase Price. Upon payment of such Purchase Price, NAS shall, upon the request of the Lessee, execute and deliver to the Lessee a bill of sale (without representations or warranties except that the Equipment is free and clear of all liens, claims, security interests and other encumbrances by or in favor of any person claiming by, through or under the Lessor) for the Equipment. All terms used herein shall have the meanings set forth in the Lease. NATIONAL ADVANCED SYSTEMS CORPORATION City of Corpus Christi (LESSEE) By (authorized signature) By (authorized signature) Printed Name Printed Name TITLE DATE TITLE DATE M National 1J Advanced Systems MINIMUM MONTHLY MAINTENANCE CHARGE EQUIPMENT SCHEDULE R NAME of Corpus Christi EQUIPMENT LOCATION 1015 Santa Fe city Corpus Christi, PFICNE NUMBER STATE Texas ZIP CODE .78404 EFFECTIVE DATE Upon Installation rrika, %Jr AGREEMENT NO. LEASE NO. W0182B AGREEMENT SCHEDULE NO. BILLING CUSTOMER NAME City of Corpus Christi CUSTOMER NO STREET ADDRESS P.O. Box 9277 CITY Corpus Christi, ATTENTION STATE Texas ZIP CODE 78408 DISTANCE FROM SERVICE LOCATION PURCHASE ORDER NO (2) MODEL NUMBER FEAT/RE (4) PLAN SELECTED 5/9 - 7/24 • (5) PRIME SHIFT MAINTENANCE CHARGE TAX EXEMPT 1:1 YES E NO AUINTSIANCE HOURS BEGIN *7 0500 UN- LESS SPECI- FIED BELOW TAX EXEMPT NO. PLEASE INDICATE BY CHECKING APPROPRIATE BOX ADDITION 0 CHANGE IN OF MAINTENANCE El EQUIPMENT COVERAGE HOURS OPTIONAL MAINTENANCE SELECTED (T) M -F HOURS START. SAT START. HOURS START. (2) OPTIONAL MAINTENANCE SCHEDULE CHARGE (10) TOTAL MONTHLY MAINTENANCE CHARGE (5 • 0) 710050N 0816 7/24 $47.00 Note: The Monthly and Optional Main Cu;tomer is not in lefault unde (Customer Initial tenance r NAS 24 Charges Operatin for the g Lease 24 above No. W Equip 0182, 24 all be B. ment sh Schedule waive 22.00 d by NAS so $69.00 long as • 5/9 5 DAY/9 HOUR 7/24 7 DAY/24 HOUR - • THIS EOUIPMENT SCHEDULE IS HEREBY INCORPORATED INTO THE MAINTENANCE AGREEMENT BETWEEN NATIONAL ADVANCED SYSTEMS AND . CUSTOMER WHICH BEARS THE SAME MAINTENANCE AGREEMENT NUMBER AS THIS SCHEDULE. THE TERMS AND CONDITIONS OF SAID • MAINTENANCE AGREEMENT ARE AN INTEGRAL PART OF THIS EQUIPMENT SCHEDULE 0090 ARE HEREBY INCORPORATED INTO THIS EQUIPMENT SCHEDULE BY REFERENCE AND MADE A PART HEREOF AS THOUGH FULLY SET FORTH HEREIN. ACCEPTED BY: NATIONAL ADVANCED SYSTEMS CORPORATION EXECUTED BY: City of Corpus Christi COMPANY NAME IZED SIGNATURE DATE AUTHORIZED SIGNATURE DATE TYPED NAME AND TITLE SUB -TOTAL: $69.00 TAX: 0/0: TOTAL: $69.00 •1)91E55 OTHERWISE SPECIFIED MAINTENANCE HOURS WILL BEGIN AT MOO HOURS NAS 1279007/10N c' o ^ . . . . . V • -v. - 0 @C 00000 7,.. INSTRUCTIONS 1. PLEASE TYPE this form. Do not write In Box 3. 2. If collateral Is CROPS, state in Box 4, "The above described crops are growing or are to be grown on: (Describe Real Estate concerned)." This type filing is mode with the County Clerk only. 3. If collateral Is or will become FIXTURES, or is- TIMBER, • •E•r is MINERALS OR THE LIKE (INCLUDING OIL AND GAS) or ACCOUNTS THAT WILL BE FINANCED AT THE WELLHEAD OR MINEHEAD, CHECK el. This Financing Stotement Is to be filed for record in the Real Estate records, In box 4" and State a applicable, "The above goods are, or are to become fixtures on. " or where appropriate substitute either, "The above timber is standing on: " or "The above minerals or the like (including oil and gas) or accounts will be financed at the well. hood or minehead of the well or mine located on " Describe real estate concerned sufficient as if it were imitained in a mortgage of real estate to give constructive notice of the mortgage under the law of this State. If -- the debtor does not have an interest of record in the realty, give the name of a record owner of the real estate concerned. FEE FOR THIS TYPE FILING IS $6.00. IF ANY OTHER FORM IS USED, THE FEE IS 59.00. This type filing is mode with the County Clerk only.. ._ . . - • ' . 4. If the space provided for any item on the form Is Inadequate, the item should be continued on additional sheets, prof erably..- 7./." n5". Please do not staple or tope additional sheets directly on item A of this form. . , 5. FILING FEE for this standard form Is $3.00 (except a filing under Instruction 3 above.) If any other form is used, the le.; Is $6.00. . . . , " ' 6. Remove Secured Party and Debtor copies, and send other 3 copies with interleaved carbon paper still intact to the filing officer. , . 7. Fold only above or below TAB card for mailing. DO NOT bend TAB card. , 8. At the time of original filing, the filing officer will return second copy as an acknowledgment. If acknowledgment copy is ID be returned to other than the Secured Party or Assignee. please enclose a self.oddressed envelope. Uniform Commercial Code—FINANCING STATEMENT—Form UCC -1, (Rev. 6-19-75) C. CC( C ( ( Filing fee $3.00 IMPORTANT Ibis financing Statement is presented to o Filing Officer 1. Debtor(s) Nome and Mailing Address: (Do not abbreviate) City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78408 THEODEE C007;14- Y, PUBLISHERS. DALLAS 75240 — Read Instructions on back before filling out form. for filing pursuant to the Uniform Commerciol Code. 3. For Filing Officer: (Date. Time. Ne.ther cad Filing Office): 2. Secured Pariy(ies) Name and Address: National Advanced Systems Corporation 800 E. Middlefield Road Mountain View, CA. 94043 4, This Financing Statement covers the following types (or items) of property. 5. Norne and Address of Assignee of Secured (WARNING: If collateral is crops, fixtures timber or minerals, read instructions on 1 Party: (us. this spore to describe cameral, if bock.) All of Lessor's (referred to above as "Secured Par y"...ad) rights, title and interest in, to and under (1) Computer Equip- ment Lease Agreement #W0182B, dated , between Lessor and Lessee (referred to above as "Debtor"); (2) all payments due and to become due under said Agreement; and (3) all equipment subject to said Agreement located at 1015 Santa Fe, Corpus Cristi, ,Texas 78408. This financing statement is filed as a precaution. Lessor and Lessee, referred to above as Secured Party and Debtor Respectively, regard the Lease Agreement referred to above as a true lease and not one intended to crest a security cAllei,r9Poppl1cebie Number of additional sheets presented 0 ma Financing Statement is to be filed for mord In the real estate records. 0 Products of collateral ore olso covered. 6. This Statement is signed by the Secured Party instead of the Debtor to perfect a security interest in collateral . (Please check 0 already subject to o searIty In eeeee I In another jurisdiction when II was brought Into this slate. or when lbe debtor's location was changed to this appropriate hoz) slant, .. ci already subjs. to a financing stotement filed in another county. 0 which Is proceeds of the original collateral described also. in which a security inter.. was perfected. or 0 as to which the filing has lapsed. or • - . , - - 0 acquired oft. a change of name. identity . corporate stn..* .4 0.. debtor. City of Corpus Christi National Advanced Systems Corporation Use whichever signature line is applicable By By Signoture(s) of Debtor(s) (1) Filing Officer Copy — Numerical STANDARD FORM — FORM UCC -1 (REV. 6-19-75) APPROVED RV SECRETARY OF 555015 00 TEXAS Signature(s) of Secured Party(ms) THE ODEE COMPANY. DALLAS, 10003 75240 Corpus Christi, xas ,;23 day of 1982 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; 1/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, . Council Members Respectfully, THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 170S§