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HomeMy WebLinkAboutRapport, David 2008-02-01I OT4A © tow COMPUTER LEASE THIS EQUIPMENT LEASE is entered between the City of Ukiah ("Lessor") and David J. Rapport ("Lessee") for a Dell Laptop Computer, Model No. PP !-9L , Serial Number gco 1,3 y 3 a� ("Leased Equipment") on February �, 2008 ("Effective Date")' in Ukiah, California. 19, f- RECITALS: 1. Lessor is a general law California City and Lessee is its City Attorney. 2. In order for Lessee to have secure access to the City's intra -net and computer network, he must use a City owned and City programmed computer. 3. Lessee is a contract City Attorney who uses a workstation computer for his law practice, including work he performs for Lessor as its City Attorney. 4. The parties have entered this lease in order to fairly apportion the cost for the use of the City owned computer between work performed for the City and work performed by Lessee for other clients. NOW, THEREFORE, in consideration of the above recitals and the terms and conditions as set forth below the Lessor and Lessee agree as follows: 1. Lease of Equipment Upon the terms and conditions in this Lease, Lessor leases the Leased Equipment to Lessee. Lessee shall comply with all agreements between Lessor and Dell Computers and any of its vendors which have supplied parts or software for use in the Leased Equipment. Lessor shall program the computer to have full access to the Lessor's computer network and to assist Lessee, when necessary to establish and maintain such access. 2. Term. The term of this lease shall be three years from the delivery date. The delivery date is the date that the Leased Equipment is delivered to Lessee for use in his office. 3. Lease Payment. The lease payment for the three year term is $500, which Lessee shall pay Lessor on or prior to the delivery date. 4. Title to and Location of Equipment. Title to the Equipment shall at all times remain with Lessor during the lease term, subject to Lessee's leasehold interest in the Leased Equipment as set forth in this Lease. At the expiration of the Lease Term, title shall transfer to Lessee. 5. Limited Warranty and Disclaimer. Lessor shall purchase a 3 year extended warranty from Dell and agrees to cooperate with Lessee in enforcing that warranty. Apart from the warranty provided by Dell, Lessor provides no independent warranty, and Lessee ACKNOWLEDGES AND AGREES THAT EXCEPT AS TO THE WARRANTY PROVIDED BY DELL, LESSOR HAS NOT MADE AND MAKES NO INDEPENDENT REPRESENTATIONS OR WARRANTIES OF WHATSOEVER NATURE, DIRECTLY OR INDIRECTLY, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE EQUIPMENT WITH RESPECT TO SUITABILITY, DURABILITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. 6. Taxes. The parties agree that the lease payment prescribed herein includes all sales or use tax imposed on the lease of this equipment to Lessee. 7. Use of Equipment. Lessee agrees to use due care in his use of the Leased Equipment and to use reasonable efforts to avoid causing any damage to the equipment, reasonable wear and tear excepted. Lessee shall use reasonable efforts to use properly and maintain all security features programmed into the computer, including anti-virus, anti- spyware, firewall and similar protections and to avoid actions that could contaminate the Lessor's computer network. Lessee agrees to follow all applicable policies adopted by Lessor from time to time regulating the use of its computer network. 8. Governing Law. This Agreement shall be interpreted and construed in accordance with the internal laws of the State of California. 9. Successors and Assigns. The benefits and obligations of this Agreement shall inure to and be binding upon the Parties hereto and their respective permitted successors and assigns. All proposed assignees shall agree to be bound by the terms and conditions of this Agreement. Neither Party may assign this Agreement or their rights and obligations hereunder without the prior written consent of the other, such consent not to be unreasonably withheld. 10. Severability. If any of the terms and provisions hereof shall be held invalid or unenforceable, such invalidity or unenforceability shall not affect any of the other terms or provisions hereof. 11. Entire Agreement. This Agreement, together with the exhibits thereto, constitute the entire agreement between Lessor and Lessee, with respect to the Leased Equipment and supersedes all written or oral agreements, understandings, representations, negotiations, and correspondence between the Parties. This Agreement shall not be supplemented, amended or modified by any course of dealing, course of performance or uses or trade and may only be amended or modified by a written instrument duly executed by officers of the Parties hereto. 12. Counterparts. This Agreement may be executed simultaneously in any number of counterparts. Each counterpart shall be deemed to be an original, and all such counterparts shall constitute one and the same instrument. 01 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the Effective Date. LESSOR LESSEE City of Ukiah By: Da Ra port By: �V'l Tl s its M ger--------- 3