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§