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HomeMy WebLinkAboutUntitled (3) since 1908 212 James Avenue x. M inneapolis,MN 55406 1700 GTON C O TY 612/3744880.Eat.248 Fu:6121374.1827 • �off`— • CE OF THE SHERIFF GARY E. ANDERSON ENFORCEMENT CENTER CHIEF OPERATING OFFICER '.0.BOX 3801•STILLWATER,MINNESOTA 55082-3801 •FLOOR MATS• WIPING TOWELS •UNIFORM$ Facsimile Machine:612/430-7603 • • •coNTINUOUs CLOTH TOWELING •LINENS •COMMERCIAL LAUNDERING SERVICES n •DUST MOPS•HAND SOAPS : JAMES J.FRANK SHERIFF THEODORE P.BROWN CHIEF DEPUTY September 24, 1995 To: Chief Lindy Swanson - Oak Park Heights Police Department From: Don McGlothlin - Captain Special Services Subject: Mobile Data Terminal Contract Enclosed is your contract for the Mobile Data Terminals that are installed in your squads. The contract cost for 1995 is set at $175 per month. The cost will increase in 1996 to $190 per month. Please complete the contract and forward to Brenda Davitt, Budget and Special Projects coordinator at the Sheriffs Office as soon as possible. We would like to have the contracts signed by the County Board in November. If you have any questions, please contact either Brenda, myself or Sergeant Pott. 3a•;A •4•dr Printed on Recycled Paper AN EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER .�. • LEASE OF MOBILE DATA TERMINALS (MDT'S) This equipment lease is between the Washington County Sheriff's Office, P.O. Box 3801, Stillwater, MN 55082 , referred to as lessor and Oak Park Heights Police Department, P.O. Box 2007, Stillwater, MN 55082, referred to as lessee. In consideration of the following covenants and conditions, lessor leases to lessee the property described herein: Two (2) Mobile Data Terminals. I. TERM OF LEASE The term of this lease shall be sixty (60) months, commencing on July 1, 1995, and terminating on July 1, 2000, unless otherwise terminated as provided in this agreement. H. PAYMENT OF RENT In consideration for the leasing of the equipment, lessee agrees to pay to lessor as rent for the property the sum of one-hundred seventy-five Dollars ($175) each per month through December 31, 1995, then one-hundred ninety Dollars ($190) each per month from January 1, 1996 through the remaining of this agreement. The first payment of which is payable on or before October 15, 1995, with each subsequent payment payable quarterly on or before the 15th day after each calendar quarter end thereafter. These payments shall be made at lessor's address as set forth above. M. USE AND PRESERVATION OF PROPERTY Lessee shall use the property in a careful and proper manner, shall comply with all applicable laws and regulations, and shall maintain the property in good repair and condition. Lessee assumes all risks of loss and damage to the property from any cause whatsoever and agrees that the property will be returned to lessor in the same appearance and condition as when received, ordinary wear and tear excepted. IV. TERMINATION OF LEASE BY DEFAULT If lessee fails to perform any of the conditions or covenants of this lease, lessor may terminate this lease and lessee's right to possession of the property, and immediately take possession of the property without demand on or notice to the lessee. • V. LESSOR'S RIGHT OF INSPECTION At all times during lessee's business hours, lessor shall have the right to enter the premises where the property is located for the purpose of inspecting the property. VL LIMITATION OF WARRANTIES Lessee acknowledges that the property is of a size, design, capacity, and manufacture selected by lessor. Lessor shall not be liable to lessee for any liability, loss, or damage caused by directly or indirectly by the property, by any inadequacy or defect, or by any incident in connection with the property. VII. ALTERATIONS RA ONS Lessee agrees that it will be responsible for the cost of moving any MDT to another vehicle after the initial installation by the lessor, including any parts or mounting brackets that may be required. Lessee also agrees that it will be responsible for the cost of the removal of the MDT upon the termination of the agreement. Lessee will not make any alterations to the MDT or related equipment during term of contract. VIII. MAINTENANCE AND REPAIR Lessee agrees to keep the equipment in good repair and operating condition, allowing for reasonable wear and tear. Lessor agrees to pay for the maintenance agreement on the equipment for repairs that will keep it in peak operating condition. Lessee will assume responsibility for all repairs not covered by this maintenance agreement. Lessor will "Swap" units at Washington County Sheriff's Office during normal business hours when a repair is necessary and when a spare unit is available. Lessee agrees to make the MDT available to lessor for maintenance, software upgrades, etc when given reasonable notice. Lessor assumes all responsibility for the maintenance of the radio base stations and message switching equipment and will provide all functionality of this equipment. Lessor agrees to maintain the system in good operating status and continually look for betterments to gr Y g P g Y the system. • IX. TRAINING Lessee agrees to provide training to user agencies with the assistance of the lessor and maintain records of specified training to satisfy Criminal Justice Information System (CJIS) requirements. Lessee also agrees to assign someone to represent their department as part of a countywide MDT user group. This person will be responsible for training within the lessee agency. X. RETURN OF EQUIPMENT On expiration of the lease, the lessee, at its own expense, shall deliver the equipment in good condition to such location as lessor may designate or renew the lease. XL RISK OF LOSS OR DAMAGE Lessee assumes all risks of loss of and damage tb the equipment from any cause, and agrees to return it to lessor in as good condition as when received, normal wear and tear excepted. No loss of or damage to the equipment shall impair any obligation of lessee under this lease, and all such obligations shall continue in full force and effect until otherwise discharged. XII. INDEMNITY OF LESSOR FOR LOSS OR DAMAGE In event of loss of or damage to the equipment, lessee, at the option of lessor, shall: (a) Place the equipment in good repair; (b) Pay lessor therefor in cash the replacement value of the equipment. XIII. LIABILITY AND INDEMNITY FOR PERSONAL INJURIES Liability for injury, disability, and death of workers and other persons caused by operating, handling, or transporting the equipment during the term of this lease shall be assumed by lessee, and lessee shall indemnify and hold lessor harmless from and against all such liability. . • XIV. EVENTS CONSTITUTING DEFAULT The following events shall constitute default under this lease: (a) The nonpayment by lessee for a period of ninety (90) days of any sum required to be paid by lessee; or (b) The nonperformance by lessee of any other covenant or condition of this lease that is not cured with ninety (90) days after notice from lessor. XV. STATUS OF EQUIPMENT The equipment leased under this agreement is, and will at all times remain, personal property, even though it or any part of it may now be, or may become, in any manner attached to, or embedded in, or permanently resting on, real property or improvements thereon. XVI. OWNERSHIP OF EQUIPMENT Title to the equipment shall at all times remain in lessor unless transferred to lessee by sale, and lessee shall have only the right to retain the possession of such equipment pursuant to the conditions of this lease. Lessee shall give lessor immediate notice of any claim, levy, lien, or legal process issued against the equipment. Lessor is the licenseholder for the radio frequency and assumes responsibility for its proper use. The lessee will assist the lessor in correcting any inappropriate use or abuse of the system. XVII. LIMITATION OF EFFECTS OF WAIVERS No delay or omission to exercise any right, power, or remedy accruing to lessor on any breach or default by lessor under this lease will impair any such right, power, or remedy of lessor, nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default. XVIII. ASSIGNMENT Lessee shall not assign this lease or any equipment leased under the lease, or any interest in this lease or equipment, without lessor's prior written consent. Lessee shall not sublet the equipment, or any item of it, without lessor's prior written consent. • XIX. LEASE APPLICABLE TO SUCCESSORS AND ASSIGNS The rights and obligations under this lease shall inure to and be binding on lessor's and lessee's respective successors and assigns. XX. SEVERABILITY This lease embodies the entire agreement between the parties. It may not be modified or terminated except as provided herein or by other written agreement. If any provision of this lease is invalid, such provision shall be considered deleted from this lease, and shall not invalidate the remaining provisions. - XXI. NOTICES Any notice to be given under this lease shall be mailed to the party to be notified at the address set forth at the beginning of this lease, by registered or certified mail with postage prepaid, and shall be deemed given when so mailed. IN WITNESS WHEREOF, each party has caused this agreement to be executed on the date indicated below. WASHINGTON COUNTY, MINNESOTA By ,, .° By Wally Abrahamson, Chair Board of Washington County Commissioners Date: j � �q Date: By James Schug Washington County Administrator Approved as to form: Date: Assistant County Attorney [Signature Block for Lessee]