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Res 1985-088
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Res 1985-088
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8/29/2007 4:04:42 PM
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8/29/2007 4:04:42 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1985-88
Date
10/14/1985
Volume Book
73
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<br /> ~tomer.IBM will quote a net purchase option price for such machine design whether or not additional devices or parts are <br /> ac/'line. including its model upgrades and features, as of a required. An attachment is defined as the mechanical. electrical <br /> specific month that is not more than th ree months from the date of or electronic interconnection to an IBM machine of non-IBM <br /> the request. equipment and devices not supplied by IBM. <br /> The net purchase option price. as calculated for each machine. An alteration to a machine may be made upon prior written <br /> will be the lower of 1) the Purchase Price stated in the Supple- notice to IBM. An attachment to a machine may be made without <br /> ment for the machine. including its model upgrades and features. notice to IBM. <br /> as modified in accordance with this Section. less any applicable The Customer agrees to accept the responsibility for making <br /> purchase option credits not to exceed an amount determined by any such alteration or attachment, its use and the results obtained <br /> multiplYing such modified Purchase Price by the Maximum therefrom. and to pay all charges related to the alteration or <br /> urchase Accrual Percent, or 2) IBM's purchase price then attachment as described in the Section entitled "Services for <br /> enerally in effect for the machine. including Its model upgrades Additional Charge." The Customer further agrees to remove any <br /> '1d features, less any applicable purchase option credits not to alteration or attachment and to restore the machine to its normal. <br /> c:xceed an amount determined by multiplying such purchase unaltered condition prior to its return to IBM. or upon notice from <br /> price by the Maximum Purchase Accrual Percent. The Maximum IBM that the alteration or attachment creates a safety hazard or <br /> Purchase Accrual Percent will be specified in the Supplement. renders maintenance of the machine impractical. <br /> The purchase option credits are determined by multiplying: MAINTENANCE SERVICE <br /> a) the applicable Monthly lease Charges paid under this IBM will provide maintenance service to keep each machine in <br /> Agreement by the Purchase Option Percent specified in the or restore it to, good working order and will make all necessarY <br /> applicable Supplement; and <br /> b) applicable charges, if any. paid under other IBM agree- adjustments. repairs and parts replacements. The Customer <br /> ments by the purchase option percents applicable under agrees to provide IBM full, free and safe access to the machines to <br /> those agreements. provide maintenance service. The Customer is responsible to <br /> For purposes of this calculation. the period during which monthly implement appropriate safeguards for Customer's data. The <br /> charges are eligible for purchase option credits is the period Customer is responsible for removing, controlling and replacing <br /> during which the machine has been continuously installed or reloading funds contained in the machines. IBM will service <br /> Eligible monthly charges will be applied in the order in which they machines containing funds only when the cash container cannot <br /> are first incurred and do not Include Additional Use Charges. be opened prior to repair by IBM, in which case the Customer will <br /> Monthly Use Charges or Additional Monthly Maintenance remove the funds as soon as the container has been opened <br /> Charges. The Optional Periods of Maintenance Service for a Plan 0 <br /> When a machine ceases to be installed under this Agreement machine on Monday through Friday must Include the Base <br /> all purchase option credits accrued hereunder with regard to that Period of Maintenance Service and must be the same <br /> machine shall expire. consecutive hours each day, and the Optional Period on <br /> Purchase option credits accrue individually for each machine. Saturday or Sunday must be the same consecutive hours on all <br /> model upgrade and feature. Purchase option credits are not trans- Saturdays or Sundays. <br /> ferable to other Customers or between machines. or among a If the Customer request maintenance service for a Plan 0 <br /> machine. its models and features. machine to be performed at a time outside the Periods of <br /> For a machine not yet installed. if the Customer's written order Maintenance Service. the service, including travel and waiting <br /> fat the machine has been received by IBM prior to the announce- time. will be furnished under this Agreement at IBM's then <br /> ment of a Purchase Price Increase or a decrease In Purchase applicable hourly service rates and minimum charges, and travel <br /> Option Percent or Maximum Purchase Accrual Percent. IBM may expense: however, there will be no additional charge for maln- <br /> not increase such Price nor decrease such Percents unless writ- tenance parts <br /> ten notice shall have been given to the Customer at least three TRAVEL EXPENSE <br /> months before the date of shipment. Except as provided for Plan 0 machines in the Section entitled <br /> For a machine whIch is Installed, IBM may Increase the "Malntenance Service." there will be no charge for travel ex- <br /> Purchase Price stated in the Supplement Immediately upon pense associated with maintenance service or programming <br /> written notice. subject to Upper limits determined In the same service under this Agreement except that actual travel expense <br /> manner as for Monthly lease Charges as described In the will be charged when the site at which the machine IS located 1) is <br /> Sections entitled "Increase in lease Contract Period Monthly within the contiguous States and IS normally inaccessible by both <br /> Charges" and "Lease Contract Penod Extension The Purchase private automobile and scheduled public transportation, or 2) is <br /> Option Percent and Maximum Purchase Accrual Percent for a ma- outside the contiguous States and IS normally Inaccessible by <br /> chine will not be decreased during a lease Contract Period. private automobile. <br /> The Customer may elect to purchase a machine installed under SERVICES FOR ADDITIONAL CHARGE <br /> a Rental Contract Period by executing a Supplement to Agree- <br /> ment for Purchase of IBM Machines, Upon request from the The Customer agrees to pay, at IBM's then applicable hourly <br /> Customer, IBM will quote the then applicable purchase price for service rates and minimum charges, parts and material prices and <br /> travel expense. all charges for services and to pay for loss of or <br /> such machine, including its model upgrades and features, as of a damage to a machine. caused by 1) use of the machine for <br /> specific month that is not more than three months from the date of <br /> the request. purposes other than for which designed. 2) alterations and <br /> attachments. or 3) vandalism or burglary of machines designed to <br /> SHIPMENT contain funds. The Customer also agrees to pay, at IBM's then <br /> IBM agrees to schedule each machine for shipment in accord- applicable hourly service rates and minimum charges. parts and <br /> ance with IBM's applicable shipment sequence and will confirm in material prices and travel expense, all charges for service for <br /> writing. and amend as necessary, the Customer's schedule. Prior accessories. and for repair of damage. replacement of parts (due <br /> to shipment, IBM will make reasonable accommodation to a delay to other than normal wear) or repetitive service calls caused by <br /> requested by the Customer. the use of supplies. <br /> PROGRAMMING All services (including but not limited to services relating to <br /> pre-installation planning. inspections, relocation of machines. <br /> The term "programming" as used in this Agreement shall mean engineering changes and altered programming) which may be <br /> such programming as IBM may make generally available. from made available by IBM to the Customer, with or without separate <br /> time to time. without separate charge. for machines of the types charge. in connection with any machines or programming <br /> ordered by the Customer under this Agreement. IBM will furnish supplied under this Agreement shall be subject to the terms and <br /> such programming as may be requested by the Customer conditions of this Agreement unless such services are provided <br /> The term "programming services" shall mean such services as under another written agreement signed by the Customer and <br /> IBM may generally make available without separate charge in IBM. <br /> connection with programming. IBM will determine the program- ADDITIONAL PRODUCTS AND SERVICES <br /> ming services available and their duration. <br /> The terms "programming" and "programming services" do not In addition to the machines. programming and services <br /> include IBM programs and services that are available for a provided under this Agreement, IBM offers other products and <br /> separate charge or which are offered under separate written services at separate charges under applicable written IBM <br /> agreements. agreements. IBM and the Customer agree that such products and <br /> services cannot be the subject of an oral agreement. The <br /> ALTERATIONS AND ATTACHMENTS Customer may contract with IBM for any such products or <br /> An alteration is defined as any change to an IBM machine services as available, but only under the terms and conditions of a <br /> which deviates from IBM's physical. mechanical or electrical written agreement signed by the Customer and IBM. <br /> Z125-9029-00 Page 15 of 17 <br />
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