HomeMy WebLinkAbout20-024 - Horizon - Rainbird Global Service Plan (GSP)as:4 ILA ky.
44,
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
Contract Number: 20-024
Council Approval N/A
This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter
optional municipal code city hereinafter referred to as "the City," and Horizon , hereinafter
referred to as "the Contractor," whose principal office is located at
955 Lind Ave SW, Renton, WA 98057
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain
terms and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform
those services described on Exhibit A attached hereto and incorporated herein by this reference as if
fully set forth. In performing such services, the Contractor shall at all times comply with all Federal,
State, and local statutes, rules and ordinances applicable to the performance of such services and
the handling of any funds used in connection therewith. The Contractor shall request and obtain
prior written approval from the City if the scope or schedule is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by
this reference. The total amount to be paid shall not exceed $15,000.00 at a rate of tc" o eco‘,..44 re.
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the
City whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
March 1st , 2020, and ending March 1st , 2023, unless sooner terminated under the
provisions hereinafter specified.
5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor
with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties hereto. Neither
Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees
by virtue of the services provided under this Agreement. The City shall not be responsible for
withholding or otherwise deducting federal income tax or social security or contributing to the State
Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the
Contractor, or any employee of the Contractor.
CA Revised December 2016 Page 1 of 4
6- Indemnification. The Contractor ohmU defend' indemnify and hold the Public Entitx, its officare,
officia|o, employees and volunteers harmless from any and all o|ainno, injuries, damages,losses or
suits including attorney fees, arising out oforinconnection with the performanceofthis Agreement,
except for injuries anddarnogeocmuoedbv1heeo|eneg|igenceof1hmPub|icEntib/.
Should a courtof competent jurisdiction di that this Agreement is subject to RCVV424115
then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Contractor and the Public
Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be
only to the extent of the Contractor's negligence. It is further specifically and expressly understood
that the indemnification provided herein constitutes the Contractor'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. The provisions of this section shall survive the expiration or
termination of this Agreement.
7' Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons ordamage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, their mgenta, representatives,
employees or subcontractors. Contractor's maintenance of inaunanoe, its scope of coverage and
limits as required herein oho|| not be construed to limit the liability of the Contractor to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
A. Minimum Scope mfInsurance. Contractor shall obtain insurance ofthe types and with the limits
described below:
1. Automobile Liability insurance with m minimum combined single limit for bodily injury and
property damage of$1.UOO.00O per accident. Automobile |iobi|hv insurance ehmU cover all
ovvned, non-ovvned, hired and leased vehicles. Coverage ahoU be written on Insurance
Services (]fDoe /|S[)\ form CA UO 01 or a substitute hlrnn providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liabilitv insurance with limits no less than $1,000,000 each occurrence,
$2.00O.00Ogeneral aggregate and $2.00O.00Oprod uctm-oornpketedoperations aggregate
|irnd. Commercial General Liability insurance shall be as least at broad as ISO occurrence
form CG OU 01 and ahoU cover liability arising from prerniaen, mpenationo, independent
oontroctmro, pnoduoto-oonnp|eted operations, stop gap |imbi|itv, personal injury and advertising
injury, and liability assumed under an insured contract. The Commercial General Liability
insurance shall beendorsed toprovide aper project Qengro|aggregate|irn|tuainQ|S{]fornn
CG25O3O5USoranequivalent endorsement. There shall benoexclusion for liability
arising from explosion, collapse orunderground property damage. The City shall benamed
as an additional insured under the Contractor's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO Additional Insured endorsement CG
20 10 1001 and Additional Insured -Completed Operations endorsement CG 2037 1001 or
substitute endorsements providing atleast mabroad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
CARevised December 2O18 Page 2uf4
B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are to contain. or be endorsed to contain that they shall be primary
insurance with respect to the City. Any insurance, eeU-ineumgnma` or insurance pool coverage
maintained bythe City shall be excess ofthe Contractor's insurance and shall not contribute with
it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with e curnent/\M. Beet
rating of not less than A: VI I.
D. Verification mfCoverage. Contractor shall furnish the City with original oertJicateaandaoopy
of the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work. Upon request by the City, the Contractor shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors' coverage.
E. Subcontractors. The Contractor shall have oo|a responsibility for determining the insurance
coverage and limits msquinad, if any, to be obtained by aubcontractoro, which determination ohgU
bemade inaccordance with reasonable and prudent business practices.
F. 0dmtium of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy canoe||obon, within two business days of their receipt of
such notice.
G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance
as required shall constitute a material breach of contract, upon which the City may, after giving
five business days notice to the Contractor to correct the breach, immediately terminate the
contract or, at its discretion, procure or renew such insurance and pay any and all premiums in
connection therewith, with any sums so expended to be repaid to the City on demand, or at the
sole discretion of the City, offset against funds due the Contractor from the City.
8. Record Keapimq and RepmMNmq.
A. The Contractor shall maintain accounts and naoonda, including personnel, pnopmrtv, financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any
nature expended and services performed in the performance of this Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement.
B. These records shall bemaintained for period of after termination hereof unless
permission to destroy them isgranted bvthe office ofthe archivist inaccordance with RCW
Chapter 40.14 and by the City.
9. Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inoomohon, review oraudit by law during the performance
of this Agreement.
10'Termination. This Agreement may at any time be terminated by the City giving to the Contractor
thirty /30\ days written notice of the CUv'e intention to terminate the aenle. Failure to provide
products on schedule may nsuuk in oun1rent termination. If the Contractor's insurance coverage is
canceled for any reason, the City shall have the right \oterminate this Agreement immediately.
11.Discrimination Prohibited. The Consultant, with regard to the work performed byhunder this
Aoreenlert, will not discriminate on the grounds of raoe, religion, oreed, color, national origin, a0e,
veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the
presence of any disebi|hv, or any other protected daoo status under state or federal law, in the
selection and retention of employees or procurement of materials or supplies.
CARevised December 2016 Page 3o[4
12.Amsiqnmnem1and Subcontract. The Contractor shall not assign orsubcontract any portion of the
services contemplated by this Agreement without the written consent of the City.
13'Entire Aqreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Contractor and
supersedes all priornegotia1ione. napreoentationo, oragreements written or oral. No amendment or
modification of this Agreement shall be of any force or effect unless it is in writing and signed by the
parties.
14. SevenNbiVitv and Survival. Uany term, condition orprovision mfthis Agreement iadeclared void or
unenforceable or limited in its application or effect, such event shall not affect any other provisions
hereof and all other provisions ahm|| narnoin fully enforceable. The provisions of this Ao/eemgnt,
which bxtheir sense and context are reasonably intended tosurvive the cornp|etion, expiration or
cancellation of this Agreement, shall survive termination of this Agreement.
15. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
82OO8outhoentevBlvd.
Tukwila, Washington 9818M
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
16. Applicable Law; Venue; Attonmev'mFeeo' This Agreement shall bagoverned bvand construed in
accordance with the kavve of the State of Washington. In the event any auit, orbdraUon, or other
proceeding is instituted to enforce any term of this Aoreennent, the parties opecUiom|b understand
and agree that venue shall be properly laid in King Counb/, Washington. The prevailing party in any
such action shall be entitled toits attorney'ufees and costs ofsuit.
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DATEDthie Odayof �`Morvo~r� . 2020
CITY OF TUKWILA
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Page 4uf4
Exhibit A
Rain Bird® GSP
Golf Global Service Plan Renewal 3 Year Support
For Foster Golf Links
GSP # 204554
Service Plan Expiration Date — 3/1/2023
Welcome to the Rain Bird Global Service Plan (GSP). GSP provides remote technical
service and support for central control systems to end users. This service plan is
registered to Foster Golf Links for a period of 3 years. In consideration for payment,
the expiration date of this service plan is hereby extended to the date noted above.
Rain Bird Corporation will provide the following:
Toll Free Support 8:00 a.m. to 5:00 p.m. local business hours, normal
business days.
The toll free help line is available to assist with questions or issues related to the
operation of the Rain Bird central control system. Please call toll free (866) GSP-XPRT
(866-477-9778). Please inform the engineer who answers that you are a GSP member
and have your GSP number or site name available.
Remote System Diagnostics:
Each central control system enrolled in GSP is equipped with a modem and remote
system diagnostics software, enabling GSP engineers to access field programs and
perform diagnostic tests. This feature requires that you have an analog phone line
installed in the area of your central control computer. Your Next Business Day
Hardware Replacement Guarantee is not in effect until your remote diagnostics
software has been tested for operation by a GSP engineer. Rain Bird does not
guarantee that all technical problems will be solved using remote system diagnostics.
As with all third -party software products installed by Rain Bird on central control
computers, the software manufacturer's warranty is the only warranty coverage for their
particular software. Rain Bird does not provide extended warranty coverage for any
software product except the irrigation central control software.
After Hours Emergency Paging:
After hours, for non -emergencies, please call (866) GSP-XPRT (866-477-9778). Please
leave your name, GSP number or site name, a return phone number, and a convenient
time for a return call by a GSP engineer during normal business hours. For after hour
emergencies, please call 866-GSP-XPRT (866-477-9778). Follow the instructions to
(846) GSP-XPRT f www.rainbird.com/gsp
access the emergency paging system. At the prompt to leave a message, please leave
your name, GSP number, return phone number and a short message about your issue.
As soon as you hang up, the GSP engineer on call will be paged, and will return your
call as soon as possible.
Customer Satisfaction Policy on Rain Bird® Central Control Hardware:
The GSP Customer Satisfaction Policy covers the Rain Bird computer, MIMTm, MIM-X,
TVVI, The FREEDOM System TM repeater, MDITM, LDI, SDI and the Line Termination
Box. This customer satisfaction policy does not cover software manufactured by
companies other than Rain Bird. Computers and peripherals purchased elsewhere are
not eligible for customer satisfaction policy under this or any other warranty available
through Rain Bird. This customer satisfaction policy does not cover damage sustained
to the system as a result of owner/operator misuse, electrical power interruption,
lightning or electrical surge, fire, theft, vandalism, or acts of God. In the event of
lightning damage, GSP members can take advantage of the next business day
shipment of central control components and then be billed by their local Rain Bird Golf
Distributor for the cost of repairs to their hardware.
Next Business Day Hardware Replacement:
If any Rain Bird central control hardware component covered under GSP becomes
inoperable, a loaner will be delivered to your site via Fed Ex® next business day service.
If the need for a replacement part shipment is identified early enough in the business
day to complete the shipment before the shipper's cutoff, the component should be
received the next business day. The shipment will be sent in a re -useable box, with
return shipping instructions enclosed. After the loaner or replacement component is
removed from the box, the failed component must be placed in the same box and must
be returned while the electronic call tag is open or a suspension of GSP privileges and
loaner charges will be imposed. Electronic call tags are only active for three pick up
attempts and if allowed to expire, GSP will have to arrange for an additional call tag.
Shipments will only go out on regular business days. The FREEDOM SystemTM
repeaters will require 48-hour turnaround, in order to allow time for the loaner repeater
to be programmed to match the failed equipment. Please be aware that access to next
business day parts shipment does not begin until the Symantec pcAnywhere TM check
and the Rain Bird Certified Start-up have been completed and are on file with GSP.
Destinations beyond the borders of the United States may require longer shipment
times due to customs, duties, and other international issues beyond our control.
Data Backup Utilities:
Each central control system purchased with GSP is equipped with a CD-writeable drive.
Use your system backup tool to save and protect your valuable central control database
onto writeable CD's. As a GSP member you also have the option to have GSP securely
store a back-up of your central control database through our Remotely -Secured
Database Back -Up Service at no charge. To utilize this service, call GSP at (866) GSP-
XPRT.
(866) GSP-XPRT 1 www.rainbird.com/gsp
Rain Bird Central Control Certified Start -Up:
Your Rain Bird Distributor will provide an on -site Rain Bird Central Control Certified
Start -Up inspection to certify that your central control system has been installed
correctly and meets Rain Bird® specifications. The Next Business Day replacement
guarantee is not in effect until GSP has a copy of the certified start- up on file.
Software Service Packs:
During the term of enrollment, GSP members will receive, upon request, the newest
central control service packs at no charge. Please note that software upgrades are not
included in this service plan.
Under this service plan, Foster Golf Links is responsible for the
following:
System Maintenance:
Foster Golf Links will keep their central control computer system in good condition.
Conditions and Terms:
Client shall have no right to assign this service plan or any interest without the prior
written consent of Rain Bird Corporation.
Disclaimer:
This is an exclusive service plan provided by Rain Bird Corporation under this plan and
Rain Bird Corporation disclaims all other warranties in connection therewith, either
expressed or implied, including without limitation the implied warranties of
merchantability and fitness for a particular purpose. No warranty is given that the
hardware and software will meet your requirements, or that your use of the hardware
and software will be uninterrupted or error -free. In no event will Rain Bird Corporation
be liable for any incidental, indirect, general or consequential damage or loss of any
nature that may arise in connection with the use or inability to use the hardware or
software. Some states do not allow limitations on the duration of any implied warranty,
so the above limitation may not apply to you. The exclusive remedy under this service
plan shall be at Rain Bird Corporation's option, either repair or replacement of the
hardware or software, or portions thereof if defective.
Term of this Service Plan:
Coverage begins immediately upon the expiration of the prior service plan and extends
for a period of five years.
This service plan (even though a time payment arrangement may have been arranged)
is not cancelable by notice during its term. In the event that any payment due
hereunder (or any payment due under Distributor -arranged time payment or financing
(866) GSP-XPRT f www.rainbird.com/gsp
plan) becomes delinquent , all privileges, services, warranties and customer satisfaction
coverage shall be immediately suspended and the entire balance of payments agreed
under any such payment plan shall become immediately due and payable. Further, any
license or permission to use any Rain Bird Corporation software program shall be
immediately suspended. Rain Bird Corporation, or the Distributor with whom the time -
payment arrangement has been made may, upon a default in payment, institute
immediate legal action for the entire unpaid balance, plus allowable court costs and
reasonable attorney's fees in any court of competent jurisdiction.
Modification:
This service plan sets forth all of the obligations of Rain Bird Corporation and the client
for the central control system. There is no other warranty.
General:
The laws of the State of California apply.
GSP Member Website Login Information:
Site Address: http://wvv2.rainbird.com/gspmember
Username: gspmember
Password: 204554
(866) GSP-XPRT J www.rainbird.com/gsp
Horizon.
H540-RENTON-HDI
955 LIND AVE SW
RENTON, WA 98057-2302
Phone 425-277-2525
Fax 425-277-2929
BILL TO
EH04552
CITY OF TUKWILA
13900 INTERURBAN AVE S
TUKWILA, WA 98168-4773
Phone 206- 433-7158
Fax 206-433-1833
Exhibit B
Quotation
THIS IS NOT AN INVOICE
QUOTE #
3S021884
LOCATION
H540
DATE
02/05/20
PAGE
1 of 1
SHIP TO
EFOSTER GOLF LINKS
13900 INTERURBAN SOUTH
TUKWILA, WA 98168
Fax 206-433-1833
QUOTE DATE
02/05/20
EXPIRE DATE
03/06/20
REQUIRED DATE
REFERENCE NUMBER
PAYMENT TERMS
CTR: CHECK OK
S SCOTT MUTCHLER(H530
CQN_TAACT
SHIP VIA
FREIGHT TERMS
IN/OUTBOUND
JOKBYNUNNMBER
SALES REP
H540/MARK MAHAN
PRODUCT/DESCRIPTION
T
PRICE
U/NI
*RED-GOLF-MISC
G01356A 3YR GSP PLAN W/COMP
YEAR 1
*RBD-GOLF-MISC
001356 GSP PLAN YEAR 2
*RBD-GOLF-MISC
001356 GSP PLAN YEAR 3
1
3,605.23 EA
1 3,605.23 EA
1 3,605.23 EA
3,605.23
3,605.23
3,605.23
MERCHANDISE TOTAL
HANDLING
MISC CHARGE
TAX
FREIGHT
QUOTE TOTAL
10,815.69
0.00
0.00
1,081.57
0.00
1,
7.26
Accepted:
By:
Date: .2 // _3/.2Z ZO