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Home My WebLink AboutR-93-05 RESOLUTION NO. R-93-05 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN EQUIPMENT LEASE WITH DANIEL C. ECKIS, IN ORDER TO LEASE CERTAIN COMPUTER EQUIPMENTAND SOFTWARE~ PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Daniel C. Eckis .("Eckis") owns certain computer equipment and software (the "Equipment"), and is willing to lease the Equipment under the terms and conditions of an Equipment Lease, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, has determined that the Equipment will significantly enhance the operations of the City's Engineering Department. NOWt THEREFOREt BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. AGREEMENT. The City Manager and the City Clerk of the City of Sebastian, Indian River County, Florida, are hereby authorized to sign, on behalf of the City, the Equipment Lease between Eckis and the City of Sebastian, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference. SECTION 2. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 3. SEVERABILITY. in the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing . Rgsolution was moved for adoption by Councilmember ~~.. . The motion was seconded by Councilmember ~ "~ and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Peter R. Holyk Councilmember George G. Reid The Mayo~ ~ereupon declared this Resolution duly passed and adopted this ~_ day of ~~~ ?, 1993. __ ATTEST: ~hryn ~. 6 ~al~ran, CMC/~E 'City Clerk ~SEAL] as/~__ Form and Content: Approved Charles Ian ~ash, City Attorney cin-ltrs/resolution .~ . THIS IS A LEASE made and entered into this /~ day of .~//~ , 1993, by and between DANIEL C. ECK-Y~ (herein referre~ to/as LESSOR) and the CITY OF SEBASTIAN, a Florida municipal corporation (herein referred to as LESSEE). 1. PROPERTIES LEASED. LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the items of computer hardware and software described in the schedule attached hereto and marked Exhibit "A" (the "Equipment"). 2. ~ERM OF LEASE. The term of this Lease shall be for a period of one (1) year commencSng,on c~//O/~ , and ending on ' 3. RENEWAL; TERMINATION. (a) The parties agree that at the end of the initial term of the Lease as stated in Paragraph 2, or any subsequent renewal term as hereinafter provided, this Lease will continue for successive one (1) year periods on the same terms and conditions otherwise set forth herein, unless written notice of termination is delivered by either party as provided below. (b) This Lease may be terminated by either, with or without cause, upon thirty (30) days advance written notice. 4. ANNUAL R NF~_~. LESSEE agrees to pay LESSOR, as rent for the Equipment, One and 00/100 Dollar (~1.00), such rental to be paid on or before the first day of the initial term of this Lease and any subsequent renewal term. 5. ~. The Equipment leased under this Agreement shall be located and used solely at City Hall. It shall not be located or used at any other location without the prior written consent of LESSOR. 6. USX. LESSEE shall permit the Equipment to be used only by experienced persons qualified to operate the Equipment. Operation of the Equipment shall at all times be in strict conformance with all laws and regulations. 7. LESSOR'S RIGHT OF INSPECTION. LESSOR shall have the right at any time during business hours to fully inspect the Equipment wherever located to insure proper use, maintenance, and operation and full compliance with this Lease. 8. b~SSEE'S INSPECTION AND ACCEPTANCE. LESSEE acknowledges that LESSEE has inspected every item of the Equipment delivered pursuant to this Lease, that they are in good condition, and that LESSEE has accepted such Equipment in "kS IS" condition. 9. RETURN OF EQUIPMENT. Upon termination of the Lease, LESSEE 'agrees to return to LESSOR at LESSEE'S own expense the Equipment leased, in as good a condition as they were when delivered to LESSEE, ordinary wear and tear resulting from proper use thereof alone excepted, and free from any additional liens and encumbrances, at such place as LESSOR may designate located in the · City of Sebastian, Florida. 10. MAINTENANCE_AND OPERATION. (a) LESSEE or authorized operators shall use the Equipment in a careful and proper manner and shall comply with the vendor's or manufacturer's instructions relating to the possession, use, maintenance, repair, and operation of the Equipment. All costs of maintenance and repair shall be the sole responsibility of LESSEE without right of reimbursement or contribution from LESSOR. All replacement parts, additions, and accessories to any of the Equipment shall become a part thereof, and shall likewise be the property of LESSOR. All Equipment and all parts thereof shall be kept in complete working order throughout the term of this Lease. (b) LESSEE shall be responsible for and shall bear the cost and expense of upgrading the computer software which is a part of the Equipment leased hereunder as improvements become available. LESSOR shall give LESSEE notice of the availability of improvements or changes to the computer software as such improvements or changes become available. 11. TE~~. LESSEE shall not make any alterations or additions (other than replacement parts) to the Equipment without the prior written consent of LESSOR. All additions to and improvements shall immediately become the property of LESSOR and subject to the terms of this Lease. 12. INSURANCE. LESSEE shall obtain and maintain at all times during the term of this Lease, at LESSEE'S sole expense, comprehensive fire and theft insurance in an amount not less than the full insurable value of the Equipment. 13. bO.SS oR DAMAGe. LESSEE assumes all risk of loss of or damage to the Equipment from any cause. No loss of or damage to the Equipment shall impair any obligation of LESSEE under this Lease, including the payment of rentals, and all such obligations shall continue in full force and effect until otherwise discharged. 14. DEFAULT. LESSEE shall be in default under this Lease if LESSEE fails to perform any term or condition of this Lease and such failure is not cured within twenty (20) days after written notice from LESSOR. 15. DUTIES UPON DEFAULT. Upon termination of this Lease upon default, LESSEE shall immediately deliver to LESSOR all warranty books and records, and all other assets or records relating to the Equipment, all of which shall become the property of LESSOR and, if not delivered prior thereto, LESSEE shall return therewith the Equipment, together with all parts, in complete working order to LESSOR at LESSOR'S address as provided in Paragraph 18 or at such other place as the parties shall mutually agree upon. 16. ASSIGNMENT... OR SUBLEA~LE. LESSEE shall not assign, sublet, transfer, pledge, or mortgage any of its rights under this Lease or any of the Equipment which are the subject of this Lease, without the prior written consent of LESSOR. 17. WAIVER. No delay or omission to exercise any right of LESSOR under this Lease shall be construed as a waiver of any such right or as impairing any such right. Any waiver by LESSOR of a single breach or default shall not be construed as a waiver of any prior or subsequent breach or default. 18. ADDRESS FOR NOTICES. Whenever any provision is made herein for notices, notice shall be sufficient if delivered by registered or certified mail, return receipt requested, addressed as follows: TO LESSOR: TO LESSEE: WITH A COPY TO: Daniel C. Eckis 8235 125th Place Sebastian, Florida 32958 city of Sebastian Attn: City Manager P.O. Box 780127 Sebastian, Florida 32978 Charles Ian Nash, Esquire Frese, Nash & Torpy, P.A. 930 S. Harbor city Blvd., Suite 505 Melbourne, Florida 32901 19. COSTS OF SUIT. If LESSEE or LESSOR shall bring any action for any relief against the other, declaratory or otherwise, arising out of this Lease, including any suit by LESSOR for the recovery of rent or possession of the Equipment, the losing party shall pay the successful party a reasonable sum for attorney's fees and costs which shall be deemed to have accrued on the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. 20. REPRES.ENTATION OF AUTHORITY~ LESSOR represents and warrants that the Equipment covered by this Agreement is the property of LESSOR and that he has full power and authority to enter into this Agreement. LESSOR shall indemnify, defend and hold LESSEE harmless from and against any and all losses, expenses, judgments, attorney's fees and other liabilities arising from any claims, demands, suits and actions made, asserted or filed by anyone, in connection with or in any way relating to LESSOR's breach of the representations contained in this paragraph. 21. MISCELLANEOUS. This Lease shall be binding upon the respective heirs, legatees, personal representatives, successors, and assigns of the parties. If any provision of this Lease is held invalid by a court of competent jurisdiction, it shall be considered deleted from this Lease, but such invalidity shall not affect the other provisions that can be given effect without the invalid provisions. This Lease constitutes the entire agreement between the parties. This Lease shall not be amended except by written agreement signed by both parties. Headings or titles to sections or paragraphs of this Lease ar solely for the convenience of the parties and shall have no effect whatsoever on the interpretation of the provisions of this agreement. This Lease shall be governed by the laws of the State of Florida and both parties submit to the personal jurisdiction and venue of the state courts located in Brevard County, Florida. IN WITNESgWHEREOF, the parties have executed this Lease the day and year first above written. "LESSOR" "LES SEE" CITY OF SEBASTIAN City Clerk Robert_~ McClary, city Manager~ [SEAL] Approved/s~ Form and content: Charles Ian Nash, City Attorney EXHIBIT "A" Description of ~quipment HARDWARE 1 - Hewlett Packard Draft Master I Plotter i - Hewlett Packard Keyboard 1 - Hewlett Packard Monitor 9878~A I - Hewlett Packard Think Jet Printer 1 - Hewlett Packard 9122 Diskdrive i - Hewlett Packard 9000 345 harddrive 1 - Hewlett Packard Digitizer 46088A I - Iverex 286/12 HZ Computer w/math coprocessor 1 - Evervision Color Monitor i - Epson LQ 850 dot matrix printer SOFTWARE Sitecomp 6.2C(Land Inovations Inc.) BRN 3.1 (Drainage) Kentucy Pipe Networks MISC: EQUIPMENT 3 - 4 shelf brown book cases 2 - Drafting Tables 4 - 2 DWR File cabinets 3 - Drafting stools 1 - Clerical Chair I - Leroy Set 1 - Planimeter 2 - 6 Six outlet power strips 1 - Large Stapler 2 - Electric Erasers i - Two hole punch 1 - 3 hole punch 1 - drafting lamp MANUALS AND TEXTBOOK hIST Operator's Manual HP Sasic 6.0 BRN 3.1 Architecural Graphics Peach Tree Florida Development Manuals 8 Catalogs 32 Engineering Text Books