HomeMy WebLinkAboutIT12-033 - Other - Lease Agreement for IT Equipment f
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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
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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.
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Lease Agreement
(City and RFA -Information Technology)
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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
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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.
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Z C9= State of Washln ton
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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.
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A -, % �n2 C./. Qgyzy
s NOTARY PUBLIC, in an for the
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fflrf�Pa�,�A�uHltid�p�- Residing atKiWashington
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Lease Agreement
(City and RFA -Information Technology)
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O � Y
SNURE LAW OFFICE
A Professional Services Corporation j
Clark B. 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
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