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HomeMy WebLinkAboutIT12-033 - Other - Lease Agreement for IT Equipment f p s ecords Mao--Ageme - KENT Document WASHINGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Kent Fire Department Regional Fire Authority Vendor Number: JD Edwards Number Contract Number: 7-42 - a 33 This is assigned by City Clerk's Office Project Name: Information Technology - Equipment Lease Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ® Other. City Leasing Equipment from RFA for Maintenance Contract Effective Date: 7/1/10 Termination Date: 12/31/12 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Curt Ryser Department: IT Detail: (i.e. address, location, parcel number, tax id, etc.): S•Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 J LEASE AGREEMENT BETWEEN THE CITY OF KENT AND THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY FOR INFORMATION TECHNOLOGY EQUIPMENT THIS LEASE AGREEMENT (hereinafter "Lease") is between the KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY, a Washington municipal corporation, with offices located at 24611 116th Avenue Southeast, Kent, Washington 98030, ("RFA") and the CITY OF KENT, a municipal corporation of the State of Washington, with offices located at 220 4th Avenue South, Kent, Washington 98032 ("City"). RECITALS A. On April 27, 2010, voters within the jurisdiction of the City and the King County Fire Protection District No. 37 voted to create the RFA in order to provide fire prevention, fire suppression, emergency medical services and the protection of life and property within the Jurisdiction of the City and District 37. The RFA became effective and came into existence on July 1, 2010; and B. Pursuant to the creation of the RFA, the City and RFA entered into an Interlocal Agreement ("ILA") that established the framework for transferring responsibilities from the City to the RFA; and C. Exhibit "F" to the ILA provided a general framework regarding the ownership of equipment (section 1.8) purchased after July 1, 2010; and D. As the City and RFA work through this partnership, the need has arisen to put some additional framework around the topic of equipment and license ownership; and E. The City and RFA wish to enter into a Lease to provide for the maintenance of various information technology equipment. NOW, THEREFORE, the City and RFA agree as follows: AGREEMENT 1. EQUIPMENT. i 1.1 Equipment Defined. The RFA leases to City and City leases from the RFA the Property detailed in Exhibit A attached hereto and incorporated herein (the "Equipment"). Lease Agreement (City and RFA -Information Technology) Page 1 of 1 a 1 2. MAINTENANCE. 2.1 Permitted Maintenance. City shall maintain the Equipment pursuant to Exhibit F to the ILA. 3. TERM. 3.1 Term Defined. The term of this Lease shall coincide with the term of the Interlocal Agreement between the City of Kent and the Kent Fire Department Regional Fire Authority commencing on July 1, 2010 ("Commencement Date"), and ending December 31, 2012 ("Termination Date"). If the Interlocal Agreement between the City of Kent and the Kent Fire Department Regional Fire Authority term is extended, then the term of this lease will be extended to the same date. 4. LEASE PAYMENT. 4.1 Rent. City shall pay to the RFA rent of one and No/100 Dollar ($1.00). The first installment shall be due and payable on or before the Commencement Date, and subsequent installments shall be due annually thereafter. 4.2 Payment Place. All payments due under the Lease to the RFA shall be paid or delivered to: Kent Fire Department Regional Fire Authority 24611 116th Avenue S.E. Kent, Washington 98030 6. INDEMNITY. 6.1 The City shall defend, indemnify and hold the RFA, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the City's negligent performance of this Lease. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CITY'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51, RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. This waiver has been mutually negotiated by the parties. f A i Lease Agreement (City and RFA -Information Technology) Page 2 of 2 1 , 7. DEFAULT AND REMEDIES. 7.1 Acts Constituting Default. City shall be in default of this Lease on the occurrence of any of the following: 7.1.1 Failure to pay Rent or other expenses when due; 7.1.2 Failure to comply with any law, regulation, policy, or order of any lawful governmental authority; 7.1.3 Failure to comply with any other provision of this Lease; 7.1.4 Failure to cure a default pursuant to Section 7.2 below; 7.2 Failure to Cure. A default shall become an event of default ("Event of Default") if City fails to cure the default after the RFA provides City with written notice of default, which specifies the nature of the default. For failure to pay rent or other monetary defaults, the cure period shall be ten (10) days. For other defaults, the cure period shall be thirty (30) days. 7.3 RFA's Remedies Upon Default. Upon an Event of Default, the RFA may terminate this Lease. 8. NOTICE. Any notices required or permitted under this Lease may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to time: City: Information Technology Director City of Kent 220 Fourth Avenue South Kent, Washington 98032 (253) 856-4600 Telephone (253) 856-4700 RFA: Kent Fire Department Regional Fire Authority Pat Pawlak 24611 116th Avenue S.E. Kent, Washington 98030 (253) 856-4300 Telephone (253) 856-6300 Facsimile A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after Lease Agreement (City and RFA -Information Technology) Page 3 of 3 1 s being mailed as set forth above, whichever is applicable. 8. MISCELLANEOUS. 8.1 Authority. The RFA and City represent that each person signing on this Lease on its behalf is authorized to do so. 8.2 Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties, their successors and assigns. 8.3 Entire Agreement. This Lease, including the exhibits and addenda, if any, contains the entire agreement of the parties. All prior and contemporaneous agreements, promises, representations, and statements relating to this transaction or to the Premises, if any, are merged into this Lease. 8.4 Applicable Law and Venue. This Lease shall be interpreted and construed in accordance with the laws of the State of Washington. Any reference to a statute shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Lease shall be in the Superior Court for King County, Washington. 8.5 Modification. Any modification of this Lease must be in writing and signed by the parties. The RFA and City shall not be bound by any oral representations or statements. THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below. CITY OF KENT KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY jPyft By:N e: kze -e Print N �rr at -sc, V 06RF Its: tv Ad 04 OF Date /I- Date. G c/o/sent ti 2ot APPROVED AS TO FORM: Lease Agreement (City and RFA -Information Technology) Page 4 of 4 By: Vent Law bepa JA ent Brian Snure Legal Counsel for Kent Fire Department Regional Fire Authority STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this 3 day of A d,lrZA, 2010, before me a Notary Public In and for the State of Washington, personally appeared 5itie;k & k2- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the foregoing Instrument as � _ Is the person who appeared before me, and said person acknowledged that he/she signed this Instrument, on oath stated that he/she Is authorized to execute the Instrument on behalf of the City of Kent as Its �, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing Instrument. Notary Seal Must Appear Within This Box IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day a, ,dyti�'Pfltfi� above written. ,�` p,RlGGS, 4l/ L Q / r!/;ry�pN Exp�,� �=F 2ZPRy FN / puBv�°�� Q = NOTARY PUBLIC, In and for the Z C9= State of Washln ton /0Ir1),III WPC. My Appointment� Residing atn plres /- Washington Lease Agreement (City and RFA - Information Technology) Page 5 of 5 STATE OF WASHINGTON ) ) ss. �)po COUNTY OF KING ) a011 On thisc2e day of OC40be)(- , '2640, before me a Nqt ry Public in and for the State of Washington, personally appeared--- i 1 Sdr-\XN l Y� personally known to me (or proved to me on the basis of satisf ctory evidence) to be the person who executed the foregoing instrument as Chi-2k- is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument onb ,,half of the KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY as its i�1Y'2 C ) , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. Notary Seal Must Appear Within This Box IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and yea4,4C,9G%% Bove written. ` 3 OT. 2# V4' 4 A -, % �n2 C./. 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Snare Of counsel Retired Thomas G Burke Joseph F Quinn Brian K. Snare brian@snurelaw com 1 N February 15, 2012 Kim Komoto City of Kent Legal Department 220 Fourth Ave S. Kent, WA 98032 g Enclosed please find the following: 1) Original signed Lease Agreement. For your information. 3 X As requested. Please review enclosed draft and call with comments. If you have any questions, please do not hesitate to contact the office. Very Truly Yours, SNURE LAW OFFICE, PSC. Brian K. Snure BKS•nc enclosure KG37MEM0 2 15 12 612 South 227th Street Des Moines,Washington 98198 Telephone 206-824-5630 Fax 206-824-9096 }