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HomeMy WebLinkAbout1983-09-06 RM Exhibits >i .\ ;' \ ~\ . -; ~~ i3~ B ~:$"-1P~ '1/ !,. ..-'. " .', RESOLUTION OF THE BOARD OF COUNTY Cm1BISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Finance ~epartment at 10 :00 o'clock A....M.../P.M. on the 19th day of August. , 19 -8...1.' at the County Administra tion Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bids were. received for Magnetic Tape Drive Burroughs Corporation $12,425.00 .' AND WHEREAS, the Data Processing Department, the Finance Director and the County Manager recommend that the contract be awarded to Burrouahs Corporation the lowest responsible bidder, in the amount of Twelve Thousand Four Hundred Twenty-Five Dollars andno/lOO's Dollars ($12,425.00 ); AND WHEREAS, funds have been previously appropriated J: 1" '. .,' and are now in Account No. this contract; 11-4132-594 to cover NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for Magnetic Tape Drive be awarded to Burroughs Corporation in the amount of Twelve Thousand Four Hundred Twenty-Five Dollars and no/100 I S Dollars ($ 12,425'.00 ); and that the Chairman of the Board of County Commissioners or the County Manager is hereby authorized and directed to execute the contract on behalf of New Hanover County, contract form to be approved by the County Attorney and bid deposit to be retained until the successful bidder has executed and de~ivered the contract and, if required, satisfactory bond. BE IT FURTHER RESOLVED that the Purchasing Agent is hereby authorized to return the bid deposits of the unsuccessful bidders. This ~ day of S<f t<~<<' , 19Y1. ......,\1 ill.. t.i1I',1.... !fI'~"..1.. "NO V Ell ..... ~Ij"" C~# ( \ ......... 0, "'", ;.eo .. IG-: \ Jl ~ ... .... ~ \. i I ~ ..4\ .. . .. - 0 C3 :~o g ,'" . 0 0 G 0 o~Q ~ ':. ~ I ., 'S. .. /MPOHl5-EXP(;ijlfSV" ~~&'. INllUSTRV ... .n-~ P '10& ~.o ~ :,p .........~". ciS. CAaO~~ :..~ Clerk ~~f.~ . Chai man, Board'of County Commissioners 2 \.... i~ I .' " NORTH CAROLINA NEW HANOVER COUNTY AGREEMENT THIS AGREEMENT, made and entered into this day of, 19___, by and between NEW HANOVER COUNTY, a politi-. cal subdivision of the State of North Carolina, hereinafter referred to as "County," and Burroughs Corporation .\ Raleigh of North Carolina, hereinafter referred to as "Vendor"; WIT N E SSE T H : WHEREAS, County advertised for bids for Magne.tic Tape Drive and bids were received and opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Vendor, the Board of County Commissioners of New Hanover County has adopted a resolution authorizing the acceptance of such bid and the execution of a contract with Vendor covering the purchase and delivery of Magnetic Tape Drive NOW, THEREFORE, for the consideration hereinafter fully set out, Vendor hereby agrees with the County as follows: 1. In accordance with County's specifications and Vendor's proposal, copies of both of which are attached hereto and made a part hereof, Vendor will del i ver to County the Magnetic Tape Drive " . ; i specifically referred to as Item(s) No. and more particularly described in the proposal or in the specifications attached hereto. 2. The total purchase price for said goods in the sum of Twelve Thousand Four Hundred Twenty-Five Dollars and no/100's /lOOths Dollars ($ 12,425,00 ) shall be paid by ~ounty and in cash wi thin 30 days after the delivery of the goods and their acceptance by County. 3. The specifications, the proposal, the advertise- ment by County, the Instructions to Bidders, and the performance bond for Vendor are attached hereto and made a part of this contract as though fully written herein. 4. Risk of loss to County for the goods purchased shall remain with Vendor until the goods are delivered to County F.O.B. Data Processing Department, County Administration Bldg, 5. Vendor shall deliver all goods purchased by County on or before 60-90 days after acceptance pf order by Burroughs 6. In connection wi th the performance of this' contract, Vendor agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. Vendor agrees to take affirmative actions to insure that applicants are employed, and that employees are treated during this employment, without regard to their race, religion, color, sex or national origin. 2 ,"' ~ , ,I, 7. This contract constitutes the entire understanding of the parties and contains all of the terms agreed upon with respect to the subject matter hereof. No modification or rescission of this contract shall be effective unless evidenced by a signed writing. IN WITNESS WHEREOF, NEW HANOVER COUNTY has caused this instrument to be executed in its behalf by its Board of County :~' Commissioners through its Chairman, Karen E, Gottovi and attested by its Clerk and its corporate seal to be hereto affixed, and Burroughs Corporation , Vendor, has executed this instrument under seal, or, if a corporation, caused, this instrument to be executed in its behal f by" its duly authorized officers and its corporate seal to be hereto affixed, on the day and year first above written. NEW HANOVER COUNTY By, Iir~f 4wn Board of County Commissioners This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Approved as to form: ~4 3 (SEAL) Burroughs Corporation Vendor By: ATTEST: Title: (Owner, Partner, Pres./V.Pres.) Secretary NORTH CAROLINA NEW HANOVER COUNTY the State ~~d ~or~c~a~ ;/~ ck~ personally came before me this day and , acknowledged that (s)he is Clerk to the Board of Commissioners of New Hanover County, and that by authority duly given and as the act of the Commission, the fo egoing instr ent as signed in its name by its Chairman, , sealed with its corporate seal herself as its Clerk. My commission expires: My Commission Expires Oct. 13, 1986 seal, this ~day of NORTH CAROLINA NEW HANOVER COUNTY (If Vendor an Individual or Partnership) I, for the State and County a Notary Public in and aforesaid, certify that personally appeared before me this the due execution of the foregoing day and acknowledged instrument. 4 ," wrrrNESS my hand and official seal, this , 19 day of Notary Public My commission expires: NORTH CAROLINA NEW HANOVER COUNTY (If Vendor a Corporation) I, a Notary Public of the State and County aforesaid, certify that personally came before me this day and acknowledged that (s)he is Secretary of ~, a corporation with an office in County, and that by authority duly given and as the act of the corporation, the foregoing instrument ~as signed in its name by its President, sealed with its corporate seal and attested by him/herself as its Secretary. WITNESS my hand and official seal, this , 19 day of Notary Public My commission expires: 5 - j.. 4~~$./p~lfl '. - RESOLu'rrON OF THE BOARD OF COUNTY Cm1l'1ISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Finance Department at 2 :00 o'ciock A.r1./p.~1. on the 9th day of August 19 8 3 , at the Co u n t y Adm i n i s t rat ion B u i I din g , 3 20 Ch est nut ' Street, Wilmington, North Carolina, and the following bids were received for Heating and Air Conditioning System for 3rd Floor County Office Annex Building Jordan, Blanton & Myers Co. $36,740.00 $40,868.00 $25,870,00 * Hanover Iron Works Blanton and Company *see attached memo from Blanton and Company dated August 15, 1983 AND WHEREAS, the Property Management Department, the Finance Director and the County Hanager recommend that the contract be awarded to Blanton and Company the lowest responsible bidder, in the amount of Twenty-five Thousand Eight Hundred Seventy Dollars and no/100's Doll a r s ($ 2 5 , 8 7 0 , 0 0 ) ; AND WHEREAS, funds have been previously appropriated and are now in Account No. this contract; 11-4196-391 to cover NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for Heatinq and Air Conditioning System for 3rd Floor County Ann~x Bldg be awarded to Blanton and Company ln the amount of TwentY-five Thousand Eight Hundred Seventy Dollars and no/100's Dollars ($ 25,870.00); and that the Chairman of the Board of County Commissioners or the County Manager is hereby authorized and directed to execute the contract on behalf of New Hanover County, contract form to be approved by the County Attorney and bid deposit to be retained until the successful bidder has executed and delivered the contract and, if required, satisfactory bond. BE IT FURTHER RESOLVED that the Purchasing Agent is hereby authorized to return the bid deposits of the unsuccessful bidders. This t day of )e1J kltV/ 1~ , , 19 f3. ~t~ Chairman, Board of County Commissioners ~./#~ Clerk 2 '", .,lj :".'( ') "1i l\j :i ,.; ,.,~ 'j i " ;>~ ',",:J i :' ~ , i I;' ~ ~~ :: j :.1 ,.,,1: .,,' .~ ,~ '; \ ~ " ',I 1,. :.~ II " .~ '~ .~ " , \~ NORTH CAROLINA NEW HANOVER COUNTY AGREEMENT THIS AGREEMENT, ~ade and J1p/~ . 19&3. by and between cal subdivision of the State of g entered into this day of NEW HANOVER COUNTY, a politi- North Carol ina, here inafter referred to as "County," and Blanton and Company, P. O. Box 2113, , of Wil mi ngton North Carolina, hereinafter referred to as "Vendor"; WIT N E SSE T H : WHEREAS, County advertised for bids for Heating and Air Conditioning System for 3rd Floor County Office Annex Bldg. and bids were received and opened as required by law; and WHEREAS, after careful consideration of the bid submi tted by Vendor, the Board of County Commissioners of New Hanover County has adopted a resolution authorizing the acceptance of such bid and the execution of a contract with Vendor covering the purchase and delivery of Heating and Air Conditioning System for 3rd Floor County Office Annex Bldg. NOW, THEREFORE, for the consideration hereinafter fully set out, Vendor hereby agrees with the County as follows: 1. In accordance with County's specifications and Vendor's proposal, copies of both of which are attached hereto and made a part hereof, Vendor will deliver to County the Heating and Air Conditioning System for 3rd Floor County Office Annex Bldg. I If , specifically referred to as Item(s) No. and more particularly described ln the proposal or in the specifications attached hereto. 2. The total purchase price for said goods in the sum of Twenty-five Thousand Eight Hundred Seventy Dollars and no/100's and /lOOths Dollars ($25,870.00 ) shall be paid by County in cash wi thin 30 days after the deli very of the goods and their acceptance by County. 3. The specifications, the proposal, the advertise- ment by County, the Instructions to Bidders, and the p~rformance bond for Vendor are attached hereto and made a part of this contract as though fully written herein. 4. Risk of loss to County for the goods purchased shall remain with Vendor until the goods are delivered to County F.O.B. Property Management Department, County Annex Building 5. Vendor shall deliver all goods purchased by County on or before 60 days after Notice to Proceed 6. In connection with the per formance of thi s contract, Vendor agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex I or national origin. Vendor agrees to take affirmative actions to insure that applicants are employed, and that employees are treated during this employment, without regard to their race, religion, color, sex or national origin. 2 r~ I I ~ ~ ~ ' r I I ~ \ j 7. This contract constitutes the entire understanding of the parties and contains all of the terms agreed upon with respect to the subject matter hereof. No modification or rescission of this contract shall be effective unless evidenced by a signed writing. IN WITNESS WHEREOF, NEW HANOVER COUNTY has caused this instrument to be executed in its behalf by its Board of 90unty Commissioners through its Chairman, Karen E. Gottovi and attested by its Clerk and its corporate seal to be hereto Blanton and Company affixed, and , Vendor, has executed this instrument under seal, or, if a corporation, caused this instrument to be executed in its behalf by.its duly authorized officers and its corporate seal to be hereto affixed, on the day By, c~~- ~ /ftu.nx" Board of County Commissioners above written.. NEW HANOVER COUNTY ATTEST: This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Approved as to form: ~qij 3 .~ " ,( I ; , -,d ,:~f '.:; :, .\ (SEAL) AT2. maJ,-->~ Secretary NORTH CAROLINA ~:~d~lran{j/~ Title: President (Owner, Partner, Pres./V.Pres.) ::: ~:::~EL:O~e~h ;t'~ ;~ personally came before me tnis day and acknowledged that (s)he is Clerk to the Board of Commissi6ners of New Hanover County, and that by authority duly given and as the act of th~ Commis.sion, the f9regoing instrume t w s ~igned in its name by l.ts Cha1.rman, ~ , sealed with its corporate seal and attested by him herself as its Clerk. My commission expires: 'My Commission Expires Oct. 13, 1986 NORTH CAROLINA NEhT HANOVER COUNTY I, Sara Mahn for the State and County Randy L. Blanton day and acknowledged instrument. this g'P day of (If Vendor an Individual or Partnership) a Notary Public in and aforesaid, certify that personally appeared before me this the due execution of the foregoing 4 ~ WITNESS my hand and official seal, this 8th ,- S~.p.tember , 19 83 . day of My commission expires: ':-':',':::~', :':'{.:,~~L .?.is, J.9B~. *:.r ;"~:\"!'Tji' . ,ni ~, L~ >nJ.0 Notary PUblic NORTH CAROLINA NEW HANOVER COUNTY (If Vendor a Corporation) I, a Notary Public of the State and County aforesaid, certify that ~a~. Mahn perSonally came before me this day and aCknowledged that rs)he is Secretary of ... vv. I .inc. a ~;:;~ ~R~OJin~ corpora tion with an Office in 1llaW.H"nove~ ~ County, and that by authority dUly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by kim/herself as its Secretary, fl"-;z-A day of ~,'A"/~ WI, TNESS my, hand and official seal, this ~ ' 19~. /--/ 7' /./ / / {// Not 5 RESOLUTION OF THE BOARD OF CONMISSIONERS OF NEW HANOVER COUNTY LEVYING A TWO PER CENT (2%) ROOM OCCUPANCY TAX AND PRESCRIBING THE HETHOD OF DIS'rRIBUTION OF THE PROCEEDS WITHIN NEW HANOVER COUNTY WHEREAS, a public hearing was held on September 6, ~983, to consider the levy of a two per cent (2%) occupancy tax on hotel, motel and similar transient occupancy rentals, and interested citizens presented their views to the Board 'of Commissioners; and WHEREAS, the Board of County Commissioners caused public notice of the public hearing to be given in accordance with law at least ten days prior to the date of the hearing; and WHEREAS, the Board of Commissioners of New Hanover County is now of the opinion and does hereby find and declare that the levy of said transient occupancy tax within New Hanover County is both desirable and necessary to adequately finance the operation of the County and the cities and towns herein; NOW, THEREFORE, BE IT Commissioners of New Hanover County, RESOLVED by as follows: the Board of 1. There is hereby imposed and ],evied within New Hanover County the two per cent (2%) transient occupancy tax authorized by Ratified Chapter 908 of the 1983 Session Laws, effective July 21, 1983. The tax hereby imposed and levied shall apply to the same extent and be subject to the same limitations as are set forth in said Chapter 908. 2. Collection of the tax by the New Hanover County Tax Collector, and liability therefor, shall begin and continue on and after the 1st day of November, 1983. 3. The net proceeds of the tax levied ~~rein shall be distributed on a quarterly basis to New Hanover County and to each municipality herein in accordance with the method by which the one per cent (1%) local sales and use taxes levied in New Hanover County pursuant to Article 39 of General statutes Chapter 105 are distributed. shall become effecti ve upon its day of September, 1983. f man, Board of Commissioners New Hanover County - . RESOLUTION OF THE BOARD OF COMMISSIONERS OF' NEW HANOVER COUNTY LEVYING A ONE-HALF PER CENT (1/2%) SUPPLEMENTAL LOCAL GOVERNMENT SALES AND USE 'I'AX AND PRESCRIBING THE HE'l'HOD OY DISTRIBUTION OF THE PROCEEDS WI'l'HIN NEW HANOVER COUNrry WHEREAS, a public hearing was held on September 6, 1983, to consider the levy of a one-half per cent (1/2%) supplemental local government sales and use tax, and interested citizens presented their views to the Board of Commissioners;'and WHEREAS, the Board of County Commissioners caused public notice of the public hearing to-be given in accordance with law at least ten days prior to the date of the hearing; and WHEREAS, the Board of Commissioners of New Hanover County is now of the opinion and does hereby find and declare that the levy of said sales tax within New Hanover County is both desirable and necessary to adequately finance the operation of the County and the cities and towns herein; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of New Hanover County, as follows: L 'rhere is hereby imposed and levied wi thin New Hanover County the one-half per cent (1/2%) suppJ,emental local government sal.es and use tax authorized by Ratified Chapter 908 of the 1983 Session Laws, and codified as Article 40 of Chapter 105 of the General Statutes of North Carolina, effective July 21, 1983. The tax hereby imposed and levied shall apply to the same extent and be subject to the same limitations as are set forth in said Chapter 908. 2. Collection of the tax by the North Carolina Secretary of Revenue, and liability therefor, shall begin and continue on and after the lst day of November, 1983. 3. The net proceeds of the tax levied herein shall be distributed by the Secretary of Revenue on a quarterly basis to New Hanover County and to each municipality herein in accordance with the method by which the one per cent (1%) sales and use taxes levied in New Hanover County pursuant to Article 39 of General Statutes Chapter 105 are distributed. 4. This its to the ~J~4.f ~, Cl'la rman, I3o'ara 0 c....ommlSSloners of New Hanover County " ,#' Introduced by: G. Felix Cooper, Manager Date~tember 5, 1983 ..... RESOLUTION ACCEPTING OFFERS TO PURCHASE SURPLUS REAL PROPERTY WHEREAS, certain offers to purchase parcels of real property o\vued who~ly or jointly by New Hanover County and/or the City of Wilmington have been adver,tised for upset bid in compliance with North Carolina General Statute 160A-269 'and pursuant to resolutions adopted by the City Council of the City of Wilmington on July 26, 1983 and the Board of Commissioners of New Hanover County on August 2, 1982'and August 1, 1983; and WHEREAS, there have been no further qualifying upset bids entered for the properties described on the attached list within the statutory period allowed by NCGS160A-269; and ~l}IEREAS, the offerors indicated on the attached list have agreed to pay the amounts indicated on the attached list for the parcels of real property shown thereon; and WHEREAS, the properties are declared by the County Commissioners to be surplus and not needed for public purposes; and \lliEREAS, it is in the best public interest and welfare to dispose of these properties in accordance with the negotiated terms and conditions, NOW THEREFORE BE IT RESOLVED THAT: 1. Pursuant to NCGS 160A-269, the County Commissioners do hereby accept the offers to purchase as indicated on the attached list from the offerors as indicated. 2. The City of Wilmington and/or New Hanover County will retain any deposit posted by the offerors as liquidated damages if the offerors fail to pay the balance of an approved offer due in cash within ten (IO) days of receipt of a notice by certified mail of availability of the deed of conveyance, 3. The CI,airman o.f the Board of Commissioners of New Hanover County be and is hereby authorized to execute a deed without warranties to the offerors as designated on the attached list, . ~' I:;d~ Z.~ Chairman, Board of Commissioners AdO~~ ATTEST: meeting on 19 93 ...~*",., .;....... '':-;1i,,#f' / eJ.1>.~OV III --." h "r c: .. ..}. .......... OJ,..... ~~ .. .. ~.. II ~ .0. ... ~ \ I 10 \ ~\ - . .. : \ : :il. · : . .. .:fo- - . . . e. ~~~.::.r:;,"." · -/:L.' \ .. lMPOOTS,EXP'- , I 'AI _.. lHD\J:iTRY ." . ..-~.. ~.. ., O~ ............. ~". .~ ......... r,., CA. ~O\.\:. '/ .f... ....~ .....4! ,._" .... ~d~/ Cou ty Clerk