HomeMy WebLinkAboutAttorney Data Incorporated - 1971-11-16 L E A S E
This lease agreement is between the CITY OF
HUNTINGTON BEACH, a municipti1 .orporation (hereinafter
referred to as "City") , &;nd _RNEY DATA INCORPORATED,
a California corporation (hereinafter referred to as 'User") .
R E C I T A L S
A. The City has certain data processing equip-
ment and computer operators (all hereinafter referred to
i as "the Equipment") which has a capacity for use in excess
of the use City ,requires at this time, and City desires to
use such equipment to its fullest capacity by leasing time
on such equipment to User.
In consideration c`. the recital and the covenants
I
and considerations hereinafter contained, IT IS AGREED:
1. LEASE. City hereby leases time on its
equipment to User for a period of one (1) year from the
date hereof. The lease shall be automatically renewed from
year to year unless either party shall notify the other in
writing, thirty (30) days prior to the termination date,
of its intention not to renew the lease.
2. RENT. User shall pay to City for use of time
on said equipment an amount equal to number of hours of
central processor clock time at rate of $40 per hour or at
rate of 20% of User's gross monthly billing directly related
to use of said equipment, whichever is greater.
3. PAYMENT. Rent shall be payable within thirty
(30) days of User's monthly billing period. User shall
furnish to City, along with the rent payment, a full and
correct written statement satlsfaetory to the City, of the
gross business of User for the preceding billing period.
4. RECORDS. User shall keep true a. , correct
books, records and accounts showing the gross business of"
p�°11 User and the detailed source of such business and shall
keep such records free and open at all reasonable times ,
for inspection by City.
5. SUPP'L•IES. User shall supply all supplies
or materials used by User. All supplies and materials shall
be subject to approval by City. All supplies and materials
furni3hed by User shall be returned to User upon termination
of this lease.
6. USE. It is agm ed that User's maximum use
of the equipment shall be eighty (80) hours per month unless
otherwise agreed upon in writing.
7. CANCELLATION. This ag*reement may be cancelled
by either party upon thirty (30) days notice to the other
party in writing.
8. ATTORNEY'S FEES. In the event City files sui
to enforce the terms of this agreement or any part thereo',
User agrees to pay a reasonable attorney's fee.
9. ASSIGNMENT. This lease shall not be assign-
able by either party without prior written consent of the
other party.
10. COUNTERPARTS. This lease may be executed in
one or more col.,,;• ;erparts, each of which shall be deemed an
original and all of which taken together shall constitute
one and the same document.
EXECUTED on this 4,/� 7'7) day of
1971, at Huntington Beach, California.
CItYY OF HUNTINGTON BEACH
a municipal corporation
Mayor
ATTEST:
City erk
A ROVED AS TO FORM:
/ A A zn
�WeptLty Qjty A orney
ATTORNEY DATA INCORPORAT"M
William H, -Stur e Jr. v
Vice-President
-2-
OFFICE MEMORAND
To Brander Castle. Acting City Administrator Date 11-4-71
From Frank B. Arguello, Director of Finance In Re Agreement foE
Computer Usage
Attached is a copy of a proposed contract between the City of
Huntington Beach and Attorney Data incorporated for use of City's
computer.
The proposed user is :currently a relatively small computer user
but their potential is good and under the terms of the proposed contract,
the City could materially benefit in the not too distant future. Points
in favor of approval of the contract are.
1. There will be no access to City computer facility by any of
Corporation's staff so City sAcurity is maintained.
2. The City will perform all computer functions using Corporation
produced data.
3. We can expect about $200 - $300 per month initially with dir-
zinct possibility of improvement.
4. The City will not need to increase costs in any manner in that
our schedule will permit assimilation Ll Corporation processing.
5. The amount received from Corporation can be used to defray exist-
ing computer costs.
I would suggest and recommend that the City enter into this agreement
and that the Mayor and City Clerk be authorized to sign said contract
effective December 1, 1971.
0
Frank B Arguello
Director of Finance
FBA/b
Attachment
Z concur with the recommendation of the
Finance Dirpctor and request authorizatiun
ft-r the Mayor and City Clerk to execute the
lease
11-8-71 Brander D. Castle C
s