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096-IBM Maintenance Agreement for Finance Dept. CONSOLIDATED ROUTE _~5JJ'1~ ;;/~df( PAGE NO. ' ifI'l tUVtl],....-- ! J I @6 ~~ .<IFORM HOUSEHOLD GOODS BILL OF LADING' v ~ BURNHAM VAN SERVICEc ROUTE CARD NO. 420874-61 FREIGHT BILL IN CASE OF NEED CONTACT I CUST ORDER NO FACT ORDER NO TELEPHONE: AlC 404 563-1120 - 5000 BURNHAM BLVD. - COLUMBUS, GEORGIA 31907 Issued at to Received, subject to class,fication, tariffs, rules and regulations in effect on the date of issue of this bill of lading Date 9/19/80 Company BVS/CB By Consigned to IBM Corp Address m/f Toronto City Columbus, GA State Floor Telephone Shipper Address City Floor City of Sanford 300 N Park Ave. Sanford, Mr. Tomm- City Clerk Telephone State FL CUSTOMER CONTACTS CITY NAME UK.... -,..1.1ae n 1M B6ooC3F "1ado, Fla. STATE DELIVERY SCHEDULE: Agreed delivery date Agreed period of time from TELE. NO. NOTIFY OF CHARGES DUE 9/19/80 to 10/3/80 PER: DISPOSITION: DATE BR. OFF. NOTIFIED: CONDITION SYMBOLS BE-BENT BR - BROKEN CONDITION AT ORIGIN CH - CSljPPED 0 - DENTED SC - SCRATCHED CU - CONDITION UNKNOWN G - GOUGED L - LOOSE SH - SHORT PBO - PACKED BY OWNER RU - RUBBED LOCATION TYPE MACHINE SERIAL NUMBER WEIGHT TOP RT. SIDE L SIDE FRONT BACK BOTTOM OTHER 129-3 97705 250 I'. , ". SPECIAL SERVICES AUTHORIZED BY: SPECIAL SERVICES: D Exclusive use of Van cu. ft. capacity. D Expedited service ordered D Space reservation of cu. ft. ordered AcCI WEIGHTS AT ORIGIN No. eet. No SHIPPER, THE TARE WEIGHT OF THE VEHICLE Gross MUST BE ENTERED Gross Warehouse D Tare mfw ( HERE PRIOR TO lOADING YOUR SHIP- Tare Net MENT ON VEHICLE Net IF SHIPMENT IS C.O.D. ESTIMATED CHARGES $ Total Actual CHARGES MLlST BE PAtDIN CASH, CERTIFIED CHECK OR MONEY ORDER. SHIPPER MAY DE- MAND DELIVERY UPON PAYMENT OF $ (110% OF ESTIMA TE)_ CARRIER CANNOT DEMANDPAVMENT OF BALANCE LlNTlL EXPIRATION OF 15 DAYS, EXCI,.UDING SATURDAYS, SUNOAYSAND HOLIDAYS. WEIGHT, RATE AND CHARGES ARE SUBJECT TO CORRECTION RATE BASED ON TARIFF NO. 40ft. III MilEAGE, The equipment listed above was received, inspected, and in good condition .THE EQUIPMENT DESCRIBED ABOVE /with the exception of: LI ED TO B TAC E.,/ / ~. Booking Agent Origin Service Shipment booked to load from: Agent & Driver Name 1. 2. TO VAN# TO VAN # TO VAN# TO VAN# TO VAN/I PU DEL PU DEL PU DEL PU DEL PU DEL 3. 4. 5. 6. Issuing Carrier Burnham Van Service, lnc NOTICE Unless a different value is declared the shipper hereby releases the property to a value of $5.00 per pound per article. THIS BILL OF LADING IS TO BE USED AND IS APPLICABLE O~IL YON SHIPMENTS OF TABULATING MACHINES AND AUXILIARY PARfS AS DEFINED BY ICC IN 17 MC 467 VOID IF OTHERWISE USED Shipper hereby declares the value of the entire shipment to be $ 5.00 per pound for each article and hereby releases and limits value and liability of the carrier as provided in the contract terms and condltons printed on the reverse side hereof (See especially Section I) THE SHIPPER RELE ACKNOWLEDG x FOREGOING SHIPMENT PACKAGES UNKNOWN) SUSJECT TO DECLARATION RELEASE, TERMS AND CONDITIONS HEREIN, REWEIGH WEIGHT 250/500 CWT. $ lBS.@ $ Fuel Surcharge 13% BILLING INSTRUCTIONS: Name and address of company paying transportation charges: IBM Corp DELIVERY DATE CONSIGNEE SIGNATURE. DESTINATION OF OR 44601 The non-dlscriminatlon clause contained In Section 202, Sub Part (B) of Executive Order 11246 is incorporated herein by specific reference thereto No. Delivering Carrier BURNHAM VAN SERVICE. INC. - ICC 682 ~.~lJ.~ BURNHAM VAN SERVICE,. INC. ANY MOTOR CARRIER OR OTHER PERSON, OR ANY OFFICER, AGENT, EMPLOYEE, OR REPRESENTATIVE THEREOF WHO SHALL KNOWINGLY AND WILLFULLY NEGLECT OR FAIL TO MAKE FULL TRUE AND CORRECT ENTRIES OR WHO SHALL KNOWINGLY AND WILLFULLY FALSIFY, DESTROY, MUTILATE, OR ALTER THIS RECEIPT OR BILL OF LADING SHALL BE SUBJECT TO A PENAL TV OF $5JlIlD FOR EACH SUCH OFFENSE. (SEC. 222. 49USC3221 ~ '+CI""'~~~' ~ " .~j V II t L -, "~I ..1,,..rnl,....1 "'\I~ .....:.~ -'j ~' , Of"l 0, ::I.~ '(: ~I Pt. J: ,\ (" - l' " , I "' .. fJ , . " S~e -:ONTRA c-:- TER.t\~ AI:O '"' .. \J.~ , SE.CTION' T"h.. car~: ,~n l}e" bp~ ~ Ir ... t",:a: .1'~i~ (, ~..mag' II ., drlu', 0 10IH., wr ,u, ., ,g -o:xrrit:rl or lield in storagt>. on trllit: ~X"AJ ~l' r df}CU ",,,_t. c r. dIC}, money, jewelry, watf'hes, pyecH~\ooil !'itODt;S or .irtIde... ?f 'xtraorJinar'li "alue whi"h ;jrt Ilot" 'eclfH ~lly b", "d III th Inll uf lading an(l EXGEP'~ loss tJr damlt$t' caw,;<:d by 01, Ilung: (al From an act, omission or order of shipper. (b, from insects, moth, vermin and ordinary wear and ,tear; . (eI From defect or inhuent vice of the article, (d I From (ll hostile or warlike 'action in time of peace or war inc uding action. in lllldering, combating, or de- fending against an acJuaJ iJllpendingo~ expected at- ta"k (A I by any government or sovereign power, Gr by any authority maintainin~ or using milit~r)' naval or air forces; or (B I by mihtary, naval or air forces; or ICI by an agent of any such government, po":er, authority or forccs;J21 anv weapon of war employmg atomic Fission Or ra ioacti~e force whether in time JII peace or war; (31 inslJrrection, rebellion, revolution, civil war, usurped pOW..I', or action taken by govern- mental authority in hitf(tering, cOl~batlng, or(lefe~d, mg. against sucli an OCCllrrence, sClzl!re or des,truc!lOn under quarantine or customs regula lions, . con f!S?alIOn, by order of any governlllent (Jl' publir - !luthorlt}, or risks of contrahan{l or illegal transportation or trade; or (.e I From strikes, lockouts, lahor disturbances. riots, civil commotions, or the acts of any person or persons tak, ingllart in any such occurrence or disorder. SUBJE<;:T, il! aodd~tion to the fore~oi?gi.to.t~e further fol- lowmg hnIltatlOns on the' carner s labilIty: TO'SS-;OO per pound of tht; weight of the lost or ~maged ar- ticle unless a dIfferent value not exceedmg $] 0.00 per poundppr article is declared and shipper agrrps to applicable increased rates.. ... .. oJ. 1" JI . . ... ..aJ ~~ ~.,J U . r I~' ..,..... ~ T ., " t"':: , " . .. . I',,, ,II .. if I' (, II n ,,~ .... .. ... ,..~ ., .... .:- ~'Il It_ I"'~;::,,, II ~ C .. , ., ". ~ J all ..har'. ~ " ..,,- \...1. 'I 'It. " ..... '.. J "", tli'l'refor ~" pr' i~ I 1. "lii~ \l'lrids "'nd , (. rl ! ...,Ii i" "ar if" "g~ 'ls' lo"s Q Jam~.. l' Il" .J ," inelu :"1" iT! th... ,hipm.,nt of t ~plo, ib', . or d" .Igf' on" articles or goods. S.E..t.:TiON '*. If for any .7eason other than tne fault of carrier deliv pn canoot he mllicle at address shown on the face hereof: or an~ chaD~ed ad.dres,", of which' ca~rier has n~.t bel:n notified. carrier, at Its optIOn, may cause articles contallu"d lD shi'pment to. ~e storeo ill a warehouse selected hy it at the pomt of delh'cry or at oilier available lloints, and there held without liahility on ~ht: part of thl' carrier, nt the cost of the OWDt'r. and l'ubJect to a lien for all accrued tariff and other lawful charges. SFCTIQN 5. If shipment is refused by consignee at. des- tination, or it shipper, consignee or owner of propt;rt): falls. to receivl' or claim it within fifteen (151 days after written nolIcl' I~ unih-d Stales maii addressC{\ to ~\tiDper and consignee !It postofficc addrcsses snown on ~JC'" hereof. or i~ shipper fails or refu"es to pay. lawfully ap'plicalJle charges In, accordanee with carrier's applicahle tariff. canter. may Sl:t~ UIt" property, at its option either I a I upon the notice and m the manner authorized b} law: or Ih I at public aucti,on to highest bidder for cash at apuhlic sale to he held at a tune. and place named hycarrier, .thirty. J301 dar.s' notice ofw.hich sal~ sh~lI have been given m wrltmg. to snlpper and consignee, and thlre sh.all have been published. at least once a week for two consecutne. weeks in a newspaper of general circulation at or near the lllace of sale' a n?tice ,thereof~ontainin~ a description of the property .as described m the hall of ladmg, and tlie names of the consignor and consignee. The J>roct:e~s of aI?Y sale shall.he appliedtow3. rdpayliie-nl of lawfu! charges ~J.>phcable 10 ship' ment and toward expenses of notice advertISIng and sale. and of storing, car.ing. for and m~inta~ning'lr'~f" rt) :Irior 10 sale, and the batan('~, if 'lny, shall be 'Paul f." l\ 'l~r f jJrODcrty. SECTI.Ji'i.,. As a condition DI'f'C<: 'I Il" "'cov"ry', a claim for any loss or damage, injury "I dl' 'n'+ 'l:' file,) in writing with carrie, ".ithin nine 19 )...u~~,,- ~H~' Jdivcr. 10 consigne. q ,J..o' Tn u _ face \t.rl'ot. r ~ilul' to matre del'v~r'. thpI'!'^;thil' nip" t'tt w"...." .." - T "''')1 l-' .' 01 For ~ 'I'" 1- dal"~ <Ii "' D it' I. II; 'nsl c -II.. .. ~ l i 1 <Ii '21 Y r II I'(), fJ ~n-4f" u."'~r n )hr..... ~- H~~tittCY 0;;: mT '"TI ... t""1...,;.".... ,..1"';'I11~r n, c.u n ,-,l L i ~ ,~ .. tJ'~4"".~ nt. .,. 'rl ....,., "f"'''l .' '" ~ 5 n.~ord bl C\\\\ 01 d, , L'IOticiq P. 0. Box 1778 .. 32771 August 15, 1980 Ms. Pauline Kline International Business Machines Corporation P. O. Box 39 Orlando, FL 32802 Dear Ms. Kline: In accordance with our telephone conversation of this date, this will be your authority to cancel rental agreement effective September 19, 1980 on equipment as follows: Card Punch type 0129, Model 003, Serial # 97705 Thank you for this service. Yours very truly, H. N. Tamm, Jr. City Clerk HNT : j s H"j.he rriendly Cify" , " International Business Machil'tes Corporation -~ Armonk, New York 10504 Agreement for IBM Machine Service (Includes Systems Supplement) To: International Business Machines Corporation Agreement No.: 3G0312 Branch Office Address: Br. Off. No.: G 3 F 233 EAST ROBINSON ORLANDO, FLORIDA Name and Address of Customer: CITY OF SANFORD 300 N PARK AVENUE SANFORD, FLORIDA 32771 STREET 32801 Customer No.: 78783-10 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 Monthly Availability Charge Each 0129 003 CARD PUNCH 1 198.00 "...- (1- f - ~1 70S I; - , I )" r t ! ' r ~/~vJ\ I y ~ U' _. n t. j ..... ,.- 1 ~. )---1 ( LFt r/ I..~ ')() ? 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 first 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. Charges The charges shown on the face hereof are those currently in effect. All charges are subject to change upon three months' notice. If Please send all communications to IBM at its branch office address listed above unless notified to the contrary. Z120.6399.1B (U/M-025) 1 CUSTOMER the Monthly Availability Charge is changed for any machine, the Customer may discontinue it or terminate this Agreement on the effective date of such change; otherwise, the new charge shall become effective. There is a Monthly Availability Charge for each machine. In addition, there may be Additional Monthly Charges in accordance with the Rental Plan or Extra Shift Plan designated for each ma- chine as follows: RENTAL PLAN A The Customer is entitled to accumulate up to 176 hours of bill- able time in any calendar month for the basic Monthly Avail- ability Charge. IBM will install and maintain its meters for the purpose of recording billable time. In order to ensure timely meter readings, the Customer agrees to furnish a monthly report to IBM showing the meter readings for each machine as of the close of the last work day of each calendar month. The Customer agrees to use due care not to interfere with the proper operation of the meters. Additional monthly charges will be at IBM'S estab- lished rates for billable time in excess of 176 hours in any calen- dar month. When a machine is installed for part of a calendar month, there are two ,alternative methods of prorating, and the hours of billable time for the partial month subject to the Addi- tional Monthly Charges will be the lesser result of the two methods: a) The 176 hours will be prorated on the basis of a 30-day month and the charge will be computed on the hours of billable time in excess thereof, or b) When a machine has been installed for the three preceding calendar months, the average monthly hours of additional bill- able time for that period will be prorated on the basis of a 30-day month and the charges will be computed on the prorated portion. RENTAL PLAN B The Monthly Availability Charges for these machines are the entire charges for use in any calendar month. Charges for partial months will be prorated on the basis of a 30-day month. EXTRA SHIFT PLAN The Monthly Availability Charges include the use of machines by only one shift of machine operating personnel. When a ma- chine is used by more than one shift of machine operating per- sonnel, 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 Availability Charges. Charge~ for partial months will be prorated on the basis of a 30-day month. The Monthly Availability Charge for each machine commences on the day following that on which each machine is installed ready for use. 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, however, 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 and repairs. For this purpose IBM shall have full and free access to the machines. The required suitable electric current to operate the machines and a suitable place of I""" ) ~ I installation with all facilities as specified in IBM's Installation Manual will be furnished by the Customer. IBM will not furnish maintenance service if the machines are located outside the United States, Puerto Rico or tlie Canal Zone. Risk of Loss During the period the machines are in transit or in the possession of the Customer, 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 damage caused by nuclear reaction, nuclear radiation or radioactive contamination. Alterations and Attachments Upon prior written notice to IBM, alterations in or attachments to the machines may be made. If the alteration or attachment inter- feres with the normal and satisfactory operation 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 attachment and restore the machines to their normal condition. Transportation and Traveling Expenses All transportation, rigging and drayage charges upon the ma- chines, 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 fQr crating and uncrating machines is a Customer expense except when it is per- formed at either an IBM plant or reconditioning location. There will be no charge for travel expense associated with services under this Agreement except that actual travel expense shall be charged in those unusual instances where the site at which the machine is located is not normally accessible by private automobile or scheduled public transportation. Warranty IBM warrants that the above machines when installed will be in good working order and will conform to IBM'S official published specifications. Without additional charge IBM will make all adjust- ments, repairs and parts replacements necessary to maintain the machines. All machines are supplied subject to these warranties, and IBM'S obligation hereunder is limited to repair or replacement of any parts or machines when it determines that they do not con- form to these warranties. The foregoing Warranty is in lieu of all other war- ranties express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Limitations The use of the machines will be under Customer's exclusive man- agement and control. The Customer will be responsible for assuring the proper use, management and supervision of the machines and programs, audit controls, operating methods and office procedures, for establishing the necessary control over access to data, and for establishing all proper check points and procedures necessary for the Customer's intended use of the machines and the security of the data stored therein. IBM will not be liable for personal injury or property damage except personal injury or property damage caused by IBM'S negli- gence. IBM shall in no event have obligations or li,abilities for conse- quential damages even if IBM has been advised of the possibility of such damages. The Customer agrees that IBM will not be liable for any damages caused by Customer's failure to fulfill any Customer responsibilities as set forth above or for any lost profits or for any claim or demand by any other party. 2 CUSTOMER ~ r.;e rteral ~ The terms and conditions of this Agree'inent 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 attempt to sublet, assign or transfer any of the rights, duties or obligations of this Agreement is void. The Customer agrees to keep IBM informed of the location of all machines. Either party may terminate this Agreement for failure of the other to comply with any of its terms and conditions. Received bY~aL..----9BEL- J;>_QLG,_J.f____________________ B neh ce Name/Number l/It L-t- By_______ _ l4__~___ __ _____ ------------------------ Manager's Signature _________~~__~~__B_QftD_~~______________________________ Manager's N~~e?ype or Print) On--------J'~~~~::=~~----------------------------, Date Accepted by: ~natiOnal Business Machines Corporation ~y---~ ~----------------- Authorized Signature _________________~~_lLL_~aJ1t___________________________ Name (Type or Print) All machines rer IBM'S property and may be removed by IBM at any time after te.....rination of this Agreement. The Customer acknowledges that he has read this Agreement, understands it and agrees to be bound by its terms and further, agrees that it is the complete and exclusive statement of the agreement between the parties, which supersedes all proposals oral or written and all other communications between the parties relating to the subject matter of this Agreement. This Agreement will be governed by the laws of the State of New York. - -- -- - - -- -- -~-~~ i~j:AI]J - R~ g.tcnt_C!.l JytC!.!1_C!.K ef:r- - - - - - - - ____ on_________________________~~::___________~~~~~~- Date 1-1 t>19g~,. O/r9 PLEASE PRESS FIRMLY WITH BALL POINT PEN ON HARD SURFACE FOR MAXIMUM LEGIBILITY. Z120-6399_18 (U/M-025 ) On_________________________________________________________ Date 3 CUSTOMER International Business Machines Corporation Armonk, New York 10504 Amendment to Agreement for IBM Machine Service- Fiscal Year Price Protection (State and Local Government) To: International Business Machines Corporation Agreement No.: Branch Office Address: Branch Office No.: G 3 F 233 EAST ROBINSON STREET ORLANDOJ FLORIDA 32789 Customer No.: 7878310 Name and Address of Customer: CITY OF SANFORD 300 N PARK AVENUE SAN FOR D J F L 32 77 1 International Business Machines Corporation (IBM) and the Customer agree that the above referenced Agreement for IBM Machine Service and any System Supplements thereto and the Amendment to the Agreement for IBM Machine Service-Fixed Term Plan (FTP), Amend. ment to Agreement for IBM Machine Service-Extended Term Plan (ETP) and Amendment to Agreement for IBM Machine Service-Term Lease Plan (TLP) are amended when this amendment is accepted by IBM by an authorized signature at its Regional or Divisional Headquarters. The following provision is added after the second sentence to the charges section of the Agreement for IBM Machine Service, after the fifth senten('e in the charges section of the Amendments to the Agreement for IBM Machine Service-Fixed Term Plan, Extended Term Plan and after the sixth sentence in the charges section of the Amendment to the Agreement for IBM Machine Service-Term Lease Plan. "However. no increase in the monthly availability charges shall become effective during the Customer's twelve-month fiscal year in which such notice is given, for the machines installed during that fiscal year. The Customer's fiscal year is from ( ) to (----l." Da\- :\Iooth Da~ Month The terms of this amendment may be modified by IBM at the end of the Customer's fiscal year upon three months' prior written notice to the Customer. Re";,,d by ~aL - --- - Q~-'i!~g~l~ffi~N';';"N";';';;- - - --- -- By_______~-,~-~---~~~----------------- Manager's Signature R. M. BORDEN Manager's Name 7e or Print) On___________L'~-~-~~~__~__________________________ Date Accepted by: Int~rnational Busin ss Machines Corporation l~'~\ .) '-By_____ _________ _ _ _ ____________________ Authorized Signatur _ __ _ _ ___ _ __ __ __ __G~_L.L_A:t::ant_____ _______ _ ___ ___ _ _______ Name (Type or Print) CITY OF SANFORD --~-- -- -----------. ------------ ------ -- ------ -- - -- - - -..-- --- By_ _ _ n~ custom~--u--------h-U . Authorized Si e --~:______~-~----~~~--L~~------------ Name (Type or Print) - - _ _ _ _ _ u _ _ ~_ L r. _'-1_ u _C.l t;~1. J..-c _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ r' Title ;)"._nn~-S~ist~~!Reg~~al~A,~-~-g~pV2j I On__________________________________________________ Date PLEASE PRESS FIRMLY WITH BALL POINT PEN ON A HARD SURFACE FOR MAXIMUM LEGIBILITY. Z 120.2551. f ( II/u_nnf\