HomeMy WebLinkAboutContracts & Agreements_94-1999_CCv0001.pdf Mon Sep 27, 1999 Time 07:22AM ->909 798 7602 Page 3 of 3
COMPAQ Master Agreement#
MASTER LOAN AGREEMENT
This Master Loan Agreement("Agreement")is entered into between Compaq Computer Corporation("Lender"),a Delaware corporation,with offices at
20555 SH 249,Houston,TX 77070 and Company Name REDLANDS FIRE DEPARTMENT ("User")wit h reference to the fact that User
wishes to use and Lender wishes to loan the Equipment/Software listed below on the following terms and conditions-
1. Term and Termination:The term of this agreement shall be twelve(12)months,commencing on the date Compaq executes this Agreement
("Effective Date")_ This Agreement will be automatically renewed at the conclusion of the initial twelve(12)month period for successive twelve(12)
month periods unless one of the parties indicated by written notice to the other party not less than thirty(30)days prior to the end of any such twelve
(12)month period that it does not intend to renew. Notwithstanding the foregoing,this Agreement maybe terminated by either party at anytime upon
thirty(30)days notice to the other party,
2. Lender will loan to User.and User WII accept the Equipment/Software in the Schedule A which will be sent after each shipment-Additional
equipment may be added to this agreement by the attachment of additional Schedule A lists,which will be incorporated by reference. By accepting
delivery of any Equipment identified in the Schedule A. User agrees to be bound by the terms of this Agreement with respect to such equipment,
3. User acknowledges that the Equipment/Software is for testing and evaluation purposes only.The Equipment/Software is provided As Is without
warranty User expressly acknowledges that this Agreement is not a sale or rental of the Equipment/Software. User agrees not to transfer the care or
custody of the Equipment/Software to anyone without Lender's approval, User further agrees not to encumber the Equipment/Software in any way nor
make any copies of the Software other than archive copies made for back-up purposes. Title to the Equipment/Softiii/are shall remain at all times with
the Lender,
4, Compaq will make the EquipmenUSoftware available to User and Compaq will arrange to pick it up on or before the dates detailed in the Equipment
List. Shipping costs and full value insurance when shipping the Equipment/Software to User will be the responsibility Of Compaq. Shipping costs and
full value insurance when shipping the EquipmenUSoftware back to Lender will be the responsibility of Compaq.
5 Compaq reserves the right to visit your facility to physically inspect,audit or inventory this loaner equipment and may request prompt return of the
equipment at any time.
6. User agrees to return the Equipment/Software promptly upon request by Lender and to destroy any archive copies of the Software made by User. At
Lender's request,User will certify the destruction of such archive copies of the Software. User represents it will carry insurance throughout the term of
this Agreement sufficient to cover loss of the Equipment/Software. Failure to return the Equipment/Software in good working order within 15 days after
the term of the equipment loan may result in termination of this Agreement by Lender,and the price for the Equipment/Software quoted on the
applicable Equipment List shall be due and payable,
7. Any attempt to assign ortransfer any of the rights,duties or obligations herein shall render such attempted assignment or transfer null and void.
8. In no event shall either party be liable for indirect,special,consequential or punitive damages arising from or in any way related to this agreement or
the use of the Equipment/Sciftware,whether in contract or tort or otherwise,
9 This Agreement may not be modified without the written consent of the parties
10. The terms of this Agreement,including any applicable Schedule A list(s),are intended by the pates as a final expression of their agreement with
respect to such terms as are included in this Agreement and may not be contradicted by evidence of any prior or contemporaneous agreement. The
parties further intend that this Agreement constitutes the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may
be introduced in any judicial proceeding,if any,involving the Agreement,
11, The Agreement shall be governed in all respects by the laws of the State of Texas
APPROVED AND AGREED TO AND EFFECTIVE ON THE 5th __DAY OF October, 1999.
COMPANY NAME: REDLANDS FIRE DEPARTMENT
Please note that by signing this agreement you are confirming that you are a direct employee of the company,-listed and that YoKlhave
authority to sign agreements forthe c=pany or you have purchasing authority for the company,
Siana-ture� i, I
EXECUTOR, CITY OF R-EELANDS FIRE DEPT Z� - k I
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COMPAQ COMPUTER CORPORATION
Accepted By:__ Print Name:
GPh rit Title
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SEP-27-1999 05:21 Cl rn ri Ari
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AGENDA ITEM NOa
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COUNCIL MEETING OF 1015149
REQUEST FOR COUNCIL ACTION
SUBJECT: AUTHORIZATION TO ENTER INTO MASTER LOAN AGREEMENT WITH
COMPAQ COMPUTER CORPORATION IN ORDER TO IMPLEMENT THE FIRE
DEPARTMENT'S GIS PROGRAM IN CONJUNCTION WITH THE ESRI GRANT.
MOTION: I move to authorize the City of Redlands Fire Department to enter into a Master Loan
Agreement with Compaq Computer Corporation in order to implement the Fire
Department's GIS program in conjunction with the ESRI Grant.
DISCUSSION:
Recently, the City of Redlands was awarded a Grant from ESRI to develop and implement a GIS mapping
program as part ofthe GIS Satellite Communications Network Public Safety Demonstration Project. The City
of Redlands is now ready to implement the program,which was developed to ensure that critical information,
coordination,and communication is enhanced and sustained during emergency operations.Through the use of
this equipment and linkage with existing GIS from other City Departments, the Fire Department will be able
to inform and serve the residents of Redlands in a more efficient and pro-active manner. The subject agreement
would authorize the City of Redlands Fire Department to accept three AP200 computer systems from Compaq
Corporation. The agreement is necessary to ensure that the City of Redlands understands that ownership of
the computers is maintained by Compaq Corporation until such time that the City decides to purchase or return
them to Compaq.
q
ALTERNATIVE:
The City may choose not to enter into this agreement.
FISCAL IMPACT:
None at this time. The computer systems(3)are quoted at a total of$1800,should the City decide to purchase
them.
ATTACHMENT: Master Loan Agreement, COMPAQ
Prepared by: Concurrence
g.
Mitch 11c ee Mel Enslow
Battalion Chief Fire Chief
Recommended by: Reviewed by
Ga ue rs Dan-171 T. McHu
Ci M`nager City Attorney
»: -1 j
Mon SeP 27, 1999 Time 07:21AM —>909 798 7602 Page 2 of 3
Facsimile Transmission
To,, MITCH MCKEE
Location/Company: REDLANDS FIRE DEPARTMENT
From: ADAM VEGA
Phone Number: 1-877-CPQ-DEMO FAX: 281-927-4045
Product shipment will be heidpending receipt of signed agreement. Please return within ONE BUSINESS DAY if
possible.
Message or Special Instructions:
Regarding your request for loan of equipment for evaluation or show I event purposes, attached You will find the required
Master Loan Agreement. The company name and address should be printed in the body of the Agreement If it is not,
please print this information as completely as possible. After reviewing, please sign the agreement on the line entitled'
"Executor'at the bottom right of the agreement and print your name, title, phone and fax as well as the effective date of
the agreement.
********Please note that by signing this agreement you are confirming that you are a direct employee of
company listed and that you have authority to sign agreements for the company or you have purchasing the
authority for the company.
0-After receiving your signed Evaluation Equipment Loan Agreement (which is an "evergreen"agreement for anfuture
requests you may have)we will process the equipment requested and send the Schedule A. y
Schedule A will list:
1. the equipment being sent
2, the expected date of shipment, unless specific exceptions have been made to expedite shipment
3. the date equipment will need to be sent back to Compaq
4. a Compaq contact name and phone number for directing you to any needed technical assistance
5. information regarding the optional purchase of this specific equipment
PLEASE FAX THE*SIGNED"'AGREEMENT AT YOUR EARLIEST CONVENIENCE TO
281-927-40-45, ATTN: ADAM VEGA
If this fax number does not respond,please fax to the number at the bottom of the page.If you receive this transmission in error,Please immediately
notify the Sender by telephone at our expense.
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Mon Sep 27, 1999 Time 07:22AM ->909 798 7602 Page 3 of 3
14
C014PAO Master Agreement#
MASTER LOAN AGREEMENT
This Master Loan Agreement("Agreement")is entered into between Compaq Computer Corporation("Lender"),a Delaware corporation,with offices at
20555 SH 249,Houston,TX 77070 and Company Name REDLANDS FIRE DEPARTMENT ("User"),mth reference to the fact that User
wishes to use and Lender wishes to loan the Equipment/Software listed below on the following terms and conditions:
1; Term and Termination.The term of this agreement shall be twelve(121 months,commencing on the date Compaq executes this Agreement
("Effective Date"), This Agreement will be automatically renewed at the conclusion of the initial twelve(12)month period for successive twelve(12)
month periods unless one of the parties indicated by written notice to the other party not less than thirty(30)days prior to the end of any such twelve
(12)month period that it does riot intend to renew. Notwithstanding the foregoing,this Agreement maybe terminated by either party at anytime upon
thirty(30)days notice to the other patty.
2. Lender will loan to User,and User will accept the Equipment/Software in the Schedule A which will be sent after each shipment.Additional
equipment maybe added to this agreement by the attachment of additional Schedule A lists,which wit be incorporated by reference. By accepting
delivery of any Equipment identified in the Schedule A,User agrees to be bound by the terms of this Agreement with respect to such equipment,
3- User acknowledges that the EquipmentiSoftware is for testing and evaluation purposes only.The Equipment/Software is provided As Is without
warranty. User expressly acknowledges that this Agreement is not a sale or rental of the Equipment/Software. User agrees not to transfer the care or
custody of the Equipment/Software to anyone without Lender's approval. User further agrees not to encumber the Equipment/Software in any way nor
make any copies of the Software other than archive copies made for back-up purposes. Title to the EquipmenuSoftwere shall remain at all times with
the Lender.
4, Compaq will make the Equipment/Software available to User and Compaq will arrange to pick it up on or before the dates detailed in the Equipmand ent
List. Shipping costs and full value insurance when shipping the Equipment/Software to User will be the responsibility of Compaq. Shippingcosts
full value insurance when shipping the Equipment/Software back to Lender will be the responsibility of Compaq.
5 Compaq reserves the right to visit your facillity to physically inspect,audit or inventory this loaner equipment and may request prompt return of the
equipment at any time. A
At
6. User agrees tojeturn the Equipment/Software promptly upon request by Lender andtolidestroy any archive copies of the Software made by Used
of
User will cerfifythe destruction of such archive copies of the Software .&r represents it will carry insurance throughout the ter
Lender's request,v at
this Agreement s4ficient to cover loss of the Equipment/Software. Failure to return the tquipment/Software in good working order within 15 days after
the term of the equipment loan may result in termination of this Agreement by Lender,and the price for the Equipment/Software quoted on the
applicable Equipment List shall be due and payable.
7. Any attempt to assign or transfer any of the rights,duties or obligations herein shall render such attempted assignment or transfer null and void.
8. in no event shall either party be liable for indirect,special,consequential or punitive damages arising from or in any way related to this agreement or
the use of the Equipment/Software.whether in contract or tort or otherwise.
9 This Agreement may not be modified without the written consent of the parties
10. The terms of this Agreement,including any applicable Schedule A list(s),are intended by the parties as a final expression of their agreement with
respect to such terms as are included in this Agreement and may not be contradicted by evidence of any prior or contemporaneous agreement, The
parties further intend that this Agreement constitutes the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may
be introduced in any judicial proceeding,if any.involving the Agreement,
11. The Agreement shall be governed in all respects by the laws of the State of Texas
APPROVED AND AGREED TO AND EFFECTIVE ON THE—DAY OF
COMPANY NAME: REDLANDS FIRE DEPARTMENT
Please note that by signing this agreement you are confirming that you are a direct employee of the company listed and that you have
authority to sign agreements for the company or you have purchasing authority for the company,
C
EXECUTOR- Print Name: ---
Print Title:— Phone I Fax:_
COMPAQ COMPUTER CORPORATION
Accepted By:__ Print Name:
Print Title
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