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Home My WebLink About9175 " 1 RESOLUTION NO. 91"-) 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND RATIFYING THE EXECUTION OF AN 3 AGREEMENT BETWEEN SAID CITY AND INTERNATIONAL BUSINESS MACHINES CORPORATION REIATING TO THE RENTAL OF ONE PRINTING CARD PUNCH 4 AT A MONTHLY RATE OF $69.00. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION ONE: That the City of San Bernardino authorize and 7 ratify the execution of an agreement between said City and Inter- national Business Machines Corporation relating to the rental of one printing card punch at a monthly rate of $69.00. SECTION TWO: That said agreement, a copy of which is attached hereto, marked Exhibit "A" and referred to and made a part hereof as fully as though set forth at length herein, is hereby approved. SECTION THREE: That the execution of said agreement by the Director of Finance of the City of San Bernardino on behalf of said City is hereby ratified. I HEREBY CERTIFY that the foregoing resolution was duly 8 9 10 ;., " 11 12 13 14 15 16 ! " 17 : I !I 18 Common Council of the City of San Bernar- " ~eeting thereof, held on the, 19 adopted by the Mayor and 22 20 dino at a ,/. , 21 day of to AYES: 23 24 NOES: ABSENT: ~-;///./ 25 26 /}~/ C. Cf~~ / # City Cler ~~/ ' hereby approved this e-:ll/jlay 27 28 The foregoing ~r resolution is of , 1968. 29 Maya"liZ ~~ardm F I f."", E 0 30 31 Approved as to form: 32 ~~~G /, tJ Y1- I A~ c\ ty orney 1~:.iG:3 I"" " iflf.\{ 1 ; 1..J l '..' ~c~ T. llELfo~, 1:1 ty Clerk ~&~~.lJWi),V . , International Business Machines Corporation Armonk, New York 10504 Agreement for IBM Machine Service To: International Business Machines Corporation Agreement No.: G7^. r'6 ~ ""'. ,l...' V~ '0..1 Branch Office Address: 3610 Fourteenth Street Riverside, California Br. Off. No.: 365 'I f';l t. J. -~:h Customer No.: Name and Address of Customer: City of San Be rnardino City Hall 426 West Third Street San Bernardino, California International Business Machines Corporation (IBM), by its acceptance hereof, agrees to furnish to the Customer, in accordance with this Agreement, its IBM machine service comprising the use of the below listed machines and features (called machine or machines) and machine maintenance service. Type Model Description Quantity 1 Monthly Availability Otarge Each $ 69.00 029 A22 Printing Card Punch Monthly availability charges invoiced will be as of the first of each month. Payment shall be made in full within thirty days after the date of invoice. Term of Agreement This Agreement is effective from the date it is accepted and shall remain in force, except as otherwise provided, for one year from the date the /irst machine is installed ready for use, and may be terminated by either party then, provided written notice is received three months prior, otherwise this Agreement shall remain in full force and effect. Thereafter it may be terminated or any of the machines may be discontinued by either party at the end of any calendar month provided three months' prior written notice is received. Please jend all communicationj to IBM at it3 branch office addreu li3ted above unlejj notified to the contrary. ., 12.0.6399.17 Monthly Availability Charges The charges shown on the face hereof are "those currently in effect. All charges are subject to change upon three months' notice. If the monthly availability charge is changed for aoy machine, the Customer may discontinue it or terminate this Agreement on the effective date of such change; otherwise, the new charge shall become effective. The monthly availability charges include the use of machines by only one shift of machine operating personnel, and commence in each case the day following that on which each machine is installed ready for use. When a machine is used by more than one shift of machine operating personnel, an extra charge for each hour of use by such extra shifts shall be made at the rate of 1/176th of 50% of the monthly avail- ability charges. There shall be added to the above charges amounts equal to any taxes, however designated, levied or based on such charges or on this Agreement or the machines or their use, including state and local privilege 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, how- ever, of personal property taxes assessed on the machines and taxes based on net income. Additional or Replacement Machines Machines, in addition to the above or to replace any the Customer may have in use, will be furnished, if available, to the Customer under this Agreement, at the schedule of charges in effect on the date such machines are installed ready for use. Cards and Tape Cards, tape, other supplies, accessories and disk devices used to operate the machines are to meet the necessary IBM specifications. Maintenance IBM will keep the machines in good working order and will make all necessary adjustments andrepair~. For this purpose IBM shall have full and free access to the machines. The re- quired suitable electric current to operate the machines and a suitable place of installation with all facilities as specified in IBM'S Installation Manual will be furnished by the Cus~ tamer. IBM will not furnish maintenance service if the ma- chines are located outside the United States, Puerto Rico or the Canal Zone. Risk of Loss During the period the machines are in transit or in the possession of the Cust()Iner, IBM and its insurers, if any, relieve the Customer of responsibility for all risks of loss or damage to the machines except for his responsibility for loss or dam- age caused by nuclear reaction, nuclear radiation or radio- active contamination. Alterations and Attachments Upon prior written notice to IBM, alterations in: or attach-_ ments to the machines may be made. If the 'alteration or Accepted by: International Business Machines Corporation ~6~ B _______' _ _ y ~- -~- ---------~------- , " J)~te~_______~-~~~~~-------~------ -.... attachment interferes with the normal and satisfactory opera- ~ tion or maintenance of any of the machines in such manner as to increase substantially the cost of maintenance thereof, or create a safety hazard, the Customer will, upon notice from IBM to that effect, promptly remove the alteration or attach- ment and restore the machines to their normal condition. Tran.sportatwn and Traveling Expenses All transportation, rigging and drayage charges upon the machines, both from and to the IBM plants, are to be paid by the Customer including those necessitated by capacity changes ordered by the Customer. Necessary packing cases for the return of the machines and a representative to supervise the packing will be furnished by IBM without charge. The cost of labor for crating and unc.rating machines is a Customer expense except when it is performed at either an IBM plant or reconditioning location. When the distance from the point of installation of IBM'S nearest branch office or resident location is greater than fifteen miles, travel expenses of IBM'S Customer Engineers beyond fifteen miles for maintenance and repair of the machines are to be paid by the Customer. Warranty IBM warrants that the above machines when installed will be in good working order. IBM will make all necessary adjust- ments, repairs and replacements without additional charge to maintain the machines in this condition. All machines are supplied subject to these warranties, and IBM'S obligation thereunder is limited. to repair or replacement of any parts or machines when it determines that they do not conform to these warranties. The foregoing warranties are in lieu of all other warranties expressed or implied, and of all obligations or liabilities on the part of IBM for damages, including but not limited to con. sequential damages, arising out of or in connection with the use or performance of the machines. General The terms and conditions of this Agreement supersede those of all previous agreements between the parties with respect to IBM machine service, and such service hereafter is subject to the terms and conditions of this Agreement. This Agreement is not assignable; none of the machines may be sublet, assigned or transferred by the Customer without ~the prior written consent of IBM. Any atte.mpt to sublet, assign or transfer any of the rights, duties, or obliga- tions of this Agreement is void. Either party may terminate this Agreement for failure of the other to comply with any of its terms and conditions. All machines remain IBM'S property and may be removed by IBM at any time after termination of this Agreement. This Agreement shall be governed by the laws of the State of New York and constitutes-the entire agreement between the Customer and IBM with respect to the furnishing of IBM ma- chine service. The foregoing terms and conditions shall prevail notwithstanding any variance with the terms and conditions of any order submitted by the Customer in respect of IBM machine service. ____fi(j;~~--~~-r~~!:~~o _ ,________________ BY-17~ ________&ftd.d<"U___ J "c ""'_'. TItI. _,_ ,.J i"'\:~_.' ") '.' ~- ,~.. , -, ... I>ate-____________________________~~_________________________