HomeMy WebLinkAboutR-2019-074 Agreement with e3 Solutions, Inc., Yakima Air Terminal-McAllister Field; Access Control System UpgradeA RESOLUTION
RESOLUTION NO. R-2019-074
authorizing a sole source purchase for goods and services from e3
Solutions Inc to upgrade the Yakima Air Terminal -McAllister Field's
Honeywell access control system to the City's standard access control
platform including future upgrades and additions for the Yakima Air
Terminal -McAllister Field and other departments
WHEREAS, the existing Honeywell access control system at the Yakima Air Terminal -
McAllister Field is outdated and is vulnerable to failure putting the Terminal at risk. The existing
system is also not compatible with the LenelS2 access control system used at all other access -
controlled City locations The cost of this project is $28,759 32, and
WHEREAS, Article IV, Section 6 of the City of Yakima Charter and the Yakima Municipal
Code Chapter 1 80 generally require that purchase of equipment, materials, or services in
excess of $25,000 be done by competitive bid, subject to certain exceptions, and
WHEREAS, the law recognizes a "sole source purchase" exception from these
competitive bidding requirements when, due to the uniqueness of the product to be purchased
and the fact that there is only one source, it would be futile to utilize competitive bidding for such
product, and
WHEREAS, the Yakima Air Terminal -McAllister Field requires this immediate upgrade,
and other City departments require future upgrades and additions to access control, and
WHEREAS, e3 Solutions, Inc , located at 603 W A Street, Yakima, WA, is the only
certified LenelS2 reseller in the Yakima area, and
WHEREAS, the City Council finds that it is in the best interest of the City to authorize
goods and services provided by e3 Solutions Inc for this project and future projects to upgrade
and expand the City's LenelS2 access control system without calling for bids, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to approve the project for e3
Solutions Inc to upgrade the Yakima Air Terminal -McAllister Field's access control system from
Honeywell to LenelS2 for a cost of $28,759 32 and future access control projects not to exceed
$100,000 annually The City Manager is further directed to execute all appropriate and
necessary documents to complete the purchase and transaction
ADOPTED BY THE CITY COUNCIL this 5th day of August, 2019
ATTEST
Sonya'lClaar Tee, City Clerk
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ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.F.
For Meeting of: August 5, 2019
Resolution authorizing a sole source purchase for goods and
services from e3 Solutions Inc. to upgrade the Yakima Air Terminal -
McAllister Field's Honeywell access control system to the City's
standard access control platform including future upgrades and
additions for the Yakima Air Terminal -McAllister Field and other
departments
Stephen Yu, Information Technology Services Operations
Supervisor
SUMMARY EXPLANATION:
The Yakima Air Terminal -McAllister Field has an existing Honeywell branded access control
system. This system, including the server hardware that it runs on, is outdated. The server is
years out of warranty, the software is out of maintenance, and there is no certified Honeywell
reseller in the Yakima area. This presents a critical security concern as the current system does
not have the capacity to adhere to future security regulations. At the end of 2018, Yakima City I .T.
Services completed an upgrade that migrated all other City facilities with access control to a
LenelS2 platform. Several factors were considered in choosing LenelS2. One factor was that
there is a certified LenelS2 reseller in the Yakima area, e3 Solutions, Inc. Having a local reseller
who can sell, install, and service our access control system is very important since this is a critical
security system. Another factor in choosing LenelS2 was that it has the capability to partition the
database. In anticipation of bringing the Yakima Air Terminal -McAllister Field into the new system
this feature will allow us to be compliant with any Transportation Security Administration
requirements for database segregation.
The cost estimate from e3 Solutions Inc. to upgrade the Yakima Air Terminal -McAllister Field's
access control system and migrate it to our existing LenelS2 system is $28,759.32 which under
Article IV, Section 6 of the City of Yakima Charter and the Yakima Municipal Code Chapter 1 80
would require competitive bids. Because e3 Solutions, Inc. is the only certified LenelS2 reseller
in the Yakima area, and because the City has a positive history with this vendor, it is in the best
interest of the City to approve this project and future projects to upgrade and expand the City's
LenelS2 access control system without calling for bids. A notice of intent to sole source was
advertised in the Yakima Herald Republic on 5/13/2019 and 5/14/2019 and received no
response.
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ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
STAFF RECOMMENDATION:
Adopt resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
D ResulLtan 7/1Y/2019
D Sole Source Justification FDrrn 711912019
D Sole Source Justification Narrative 7/19/7019
D LenelS2 Reseller Currfirrnaticin 7/19/2019
Yes
Public Safety
City Manager
Type
CiAer Menlo
Cowr Memo
Ccver Menlo
C(Aer Men iu
�
AGREEK8ENT21923S
Yakima Air Terminal Access Control System -S2 Conversion Project
THIS AGREEMENT, entered into this of September, 2019, between the City of Yakima, oWashington
municipal corporation ("City"), and e 3 Solutions, Inc. ("Contractor").
VNTNGSSGTH: The partieo, in consideration ofthe terms and conditions hemin, do hereby covenant and agree as
1. Scope of Work
The Contractor shall perform all work and and furnish all tools, materials, labor and equipment (collectively
referred to as "Services") according to the procedure outlined in the specifications of Quote #21923S Titled Yakima Air
Terminal Access Control System'- S2 Conversion Project and the quote pmpona|, which are all aManhod and
incorporated herein ooExhibit A, and any applicable construction standard(s), which are by this reference incorporated
herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this Contract
and every part thereof.
Work is estimated to be complete within thirty (30) business days after Notice to Proceed. Final work schedule shall
bacoordinated with Project Coordinator Stephen Yuai(5U9)575'8O58or(5O9)728'4287(mubi|u).
The Contractor shall provide and bear the expense of all equipment: work and labor of any sort whatsoever that may
bmrequired for the transfer of materials and completing the work provided for in this Contract and every part thereof,
except such as are mentioned in the specifications to be furnished by the City of Yakima.
2. Compensation
The City agrees to pay the Contractor according to Exhibit A, attached hereto and incorporated herein, which Exhibit
includes the specifications and payment schedule of itemized prices as listed in the Contractor's Quote submittal at the
time and inthe manner and upon the conditions provided for the Contract.
3. Change Orders
Any proposed change |nthis Contract shall basubmitted (othe other party, oulisted herein, for its prior written approval.
If approved. change will bomade byocontract modification that will become effective upon execution by the parties
hereto. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized
and innot valid. Contractor may be required tmprovide mdetailed cost estimate for the proposed change.
4. Agency Relationship between City and Contractor
Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard 10
performance ufthe Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative
of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City.
S. Successors and Assigns
a Neither the City, nor the Contractor, shall assign, transfer, nrencumber any dgNs, duties, or interests
accruing from this Contract without the prior written consent ofthe other.
b. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does
hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor.
6. Property Rights
All records mpapers of any sort relating to the City and to the project will atall times be the property of the City and
shall bosurrendered 0mthe City upon demand. All information concerning the City and said project which is not
m;ResMcwrz/sz3s oxmnpo*rcowvsRa/om /
otherwise umatter ofpublic record mrequired bvlaw tobomade public, isconfidential, and the Contractor will not, in
whole orpart, now oro[any time disclose that information without the express written consent ofthe City.
n. Inspection and Production wfRecords
a. The records relating to the Services shall, at all times, bosubject toinspection byand with the approval
of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve
Contractor of responsibility for performance of the Gem|umo in onoon1onca with this Cuntrau,
notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the
ease ofits discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send
copies of the requested documents to the Qty. Contractor's records relating to the Services will be
provided tothe City upon the C|ty'urequest.
b. Contractor shall promptly furnish the City with such information and records which are related to the
Services of this Contract as may be requested bythe City. Until the expiration of six (6) years after fimd
payment of the compensation payable under this Contract, or for a longer period if required bvlaw orby
the Washington Secretary ny0aVo'u mmnnd retention uchodu|a. Contractor shall retain and provide the
City access to (and the City shall have the right to oxomine, audit and copy) all of Contractor's bnnku,
documonte, papers and records which are related to the Snmiomm performed by Contractor under this
Contract.
o. All records relating to Contractor's services under this Contract must be made available to the City, and
the records relating hothe Services are City ufYakima records. They must beproduced hnthird parties,
if required pursuant tothe Washington State Public Records Act, Chapter 42.58RCVV.orhvlaw. All
records relating to Contractor's ueminou under this Contract must be retained by Contractor for the
minimum period of time required pursuant to the Washington Secretary ufGbubo'n neonvdu retention
schedule.
d. The terms ofthis section shall survive any expirationortermination ofthis Contract.
B. Work Made for Hire
All work the Contractor performs under this Contract shall baconsidered work made for hire, and shall be the property
ofthe City. The City shall own any and all data, documents, plans, copyrights,uouuifivaUnno.wmddngpapeno.onUany
other materials the Contractor produces inconnection with this Contract. Oncompletion ortermination ofthe Contract,
the Contractor shall deliver these materials to the City.
9. Guarantee
Contractor warrants the Services will bmfree from defects inmaterial and workmanship for aperiod nfone year
following the date of completion and acceptance of the Services,
10. Compliance with Law
To the extent applicable, all equipment or materials shall comply with Washington State vehicle regulations, Federal
regulations, OSHA and WISHA requirements, to include EPA standards and City safety codes.
Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all
applicable laws, rules, and regulations adopted mpromulgated bvany governmental agency mregulatory body,
whether federal, otate, local, or otherwise. Contractor shall pmnuna and have all applicable and necessary Ponn|ts.
licenses and approvals of any federal, state, and local government or governmental authority or this project,poyaU
charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work,
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a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License
and pay all charges, fees, and taxes associated with said license.
b. Contractor must provide proof of a valid Washington State Contractor Registration number,
c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration
number, as required in Title 85 RCW,
d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number.
Contractor must have a current UBI number and not be disqualified from bidding on any public works
contract under RCW 39.06.101 or 36.12.065(3).
e. Contractor must provide proof of a valid Washington Employment Security Department number as
required by Title 50 RCW.
11. Prevailing Wages
The Contractor will comply with all provisions of Chapter 39.12 RCW - Prevailing Wages on Public Work.
a. RCW 39.12.010 - the Prevailing Rate of Wage. It is solely the responsibility of the Contractor to
determine the appropriate prevailing wage rate for the services being provided.
b. RCW 39.12.040 - Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid, Before
an awarding agency may pay any sum due on account, it must receive a statement of Intent to Pay
Prevailing Wages approved by the Department of Labor and Industries. Following final acceptance of a
public work project, and before any final money is disbursed, each Contractor and Subcontractor must
submit to the awarding agency an Affidavit of Wages Paid, certified by the Department of Labor and
Industries.
c. RCW 39.12.070 - Fees Authorized for Approval Certification and Arbitrations. Any fees charged by the
Department of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall
be the responsibility of the Contractor,
The State of Washington prevailing wage rates applicable for this public works project, which is located in Yakima
County, may be found at the following website address of the Department of Labor and Industries:
Mps://fortress.wa.00v/Inikagelookup/prvWagelookup,asox.
Based on the quote submittal for this project, the applicable effective (start) date of this project for the purposes of
determining prevailing wages is the quote date, June 20,2019.
A copy of the applicable prevailing wage rates are also available for viewing at the City of Yakima Purchasing office,
located at 129 N 2nd Street, Yakima, WA 98901. Upon request, the City will mail a hardcopy of the applicable prevailing
wages for this project.
12. Certified Payroll for Non -Federally Funded Projects
Upon request by the City or by an Interested Party, copies of certified payroll shall be provided to City, with employee
information such as last name, SSN and address, redacted in accordance with RCW 42.56.230, in order to provide for
public records requests.
AGREEMENT 21923S - S2 AIRPORT CONVERSION
3
The City reserves the right to require Contractor to deliver toCity ocopy of the non -redacted Certified Payroll if City
determines, inits sole discretion, that, such non -redacted copy isnecessary orappropriate inorder hoenable City 0o
comply with any applicable law.
record used to prove identity, age, residential address.
social security number, or other personal information required to apply for a drivers license or identicard,
RCW 39.12.010(4): An"Interested Party" for the purposes of this chapter shall include aContractor, Subcontractor,
an employee of a Contractor or Subcontractor, an organization whose members' wages, benefits, and conditions of
employment are affected by this chapter, and the director of labor and industries or the director's designee,
(1) Each Contractor shall keep accurate payroll records for three years from the date of acceptance of the public works
project by the contract awarding agency, showing the name, addrenu. Social Security number, trade oroccupation,
straight time rate, hourly rate nfusual benefits aodefined bvVVAC296-1,27 \.andovertimohoumw0rkeUomoh
day and week, including any employee authorizations executed pursuant to WAC ?96-127-022, and the actual rate of
wages paid, for each laborer, worker, and mechanic employed by the Contractor for work performed on a public works
project.
(2) A Contractor shall, within ten days after it receives a written request, from the department or from any interested
party ondefined byRCVV acertified copy ufthe payroll records with the agency that awarded the
public works contract andw|th4edeportment.
(3) A Contractor's noncompliance with this section shall constitute a violation of RCW 39.12.050.
13. Nondiscrimination
During the performance of this Contract, the Contractor agrees as follows:
The Contractor shall not discriminate againstany person onthe grounds ofrace, creed, color, religion, natiumdo' in,
sex, age, marital status, sexual orientation, pregnancy, veteran's status, political affiliation mbelief, orthe presence uf
any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (FCW
chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.).
This provision shall include but not belimited hothe : employment, upgrading, demotion, transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision
of Services under this Agreement.
|nthe event of the Contractor's noncompliance with the Unn-d iscrimination clause Ofthis contract urwith any such
mleu, mgulaUono, or orders, this Contract may be cancelled, terminated, or suspended in whole orin part and the
Contractor may be declared ineligible for any future City contracts.
14. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or
property, Contractor agrees 1odefend, indemnify and hold harmless the C1hy, its elected and appointed
officials, officers, employees, attorneys, agents, and volunteers from any and all claims, demands, losses,
liens, {imbi|itiou, penm|Uou. fines, |owouits, and other proceedings and all 'udUmenb, awm|do, costs and
expenses (including reasonable costs and attorney fees) which result or arise out of the sole negligent
acts oromissions nfContractor, its officials, officers, employees nragents.
b. Ifany suit, judgment, action, claim Vrdemand arises out of, oroccurs in conjunction with, the negligent
acts and/or omissions ofboth the Contractor and the City, or their elected or appointed officials, officers,
employees, agents, attorneys or volunteers, pursuant to this Contract, each party shall be liable for its
101
TIPIR
proportionate share ofnegligence for any resulting suit, judgment, action, claim, demand, damages or
costs and expenses, including reasonable offomeym'feuo.
c. Contractor's Waiver ofEmployer's Immunity under Title 51RCgV Ifany design Vr engineering work
isdone pursuant 10this Contract, Contractor intends that its indemnification, defense, and hold harmless
obligations set forth above inSection (a)shall operate with full effect regardless of any provisionto#e
contrary |nTitle 51 RCW,Washington's Industrial Insurance Act. Accordingly, hothe extent necessary hm
fully satisfy the Contractor's indemnifioaUun, defenun, and hold hann|000 obligations set forth above in
section A, Contractor specifically waives any immunity granted under Title 51 RCVV, and specifically
assumes all potential liability for actions brought by employees of the Contractor against the City and its
elected and appointed officials, officers, employees, attorneys .agents, and vo|unhoem. The pa�iaohave
mutually negotiated this waiver. Contractor shall similarlymquim that its Submonirochurs, and anyone
directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable
in connection with its performance of this Agreement, shall comply with the terms of this paragraph, waive
any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their
respective employees. The provisions of this uaoUon nho|| survive the expiration or termination of this
Agreement.
U Nothing contained in this Section or this Contract shall bnconstrued to create aliability or a right of
indemnification in any third party.
a. The terms of this section shall survive any expiration or termination of this Contract.
15. Contractor's Liability Insurance
/t all Umao during performance of the Services and this Conhaot. Contractor shall secure and maintain in effect
insurance to protect the City and Contractor from and against any and all claims, damages, |oaoou, and nxpmnuon
ohw|ng out of or resulting from the performance of this Contract. Contractor shall provide and maintain in force
insurance in |im|bo no less than that stated bm|ow, no applicable. The City n000man the right to require higher limits
should itdeem iinecessary inthe best interest ofthe public.
Contractor will provide oCertificate of Insurance to the City as evidence of coverage for each of the policies and
outlined herein. Acopy u[the additional insured endorsement attached huthe policy will beincluded with the certificate.
This Certificate of insurance shall be provided to the City, prior to commencement of work.
The following insurance isrequired:
o. Commercial Liability Insurance. Before this Contract is fully executed by the parties, Contractor shall
provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum
liability limit ofTwo Million Dollars ($2.O0O.O0O.0Dper occurrence, combined single limit bodily injury and
property damage. and Two Million Dollars ($2.000,000.00) general aggregate. If Contractor carries
higher coverage limits, such limits shall be shown on the Certificate of I nsuranGe and Endorsements and
the City, its elected and appointed officials, employees. agents, attorneys and volunteers shall be named
as additional insureds for such higher limits. The certificate shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy and provisions provided are in effect. Said
policy shall be in effect for the duration of this Contract. The policy shall name the City of Yakima, its
elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and
shall contain a clause that the insurer will not cancel or change the insurance without first giving the City
prior written notice. The insurance ohoU be with an insurance company orcompanies rated &'V|| or
higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as
well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to
m;*sEMewrz/ouos uumRponTCONVERSION
5
and shall not inany manner limit urqualify the liabilities orobligations aunumadbyCunbootoruDdo this
b. Automobile Liability Insurance.
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of
insurance as proof of automobile liability insurance with a minimum liability limit ofTwo Million Dollars
($2.00O.00O.U0per occurrence, |YContractor carries higher coverage limits, such limits shall beshown
on the Certificate of Insurance and Endorsements and the City, its elected and appointed offiuia|n.
employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits.
The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when
the policy and provisions provided are ineffect, Said policy shall Uu|neffect for the duration o[this
Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees,
agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will
not cancel or change the insurance without first giving the City prior written notice. The insurance shall
be with an insurance company orcompanies rated A,V|| orhigher in Beot'w Guide and admitted in the
State of Washington. The requirements contained honoin, as well as City of Yakima'n review or
acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or
qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability
shall include Hired and Non -Owned coverage if necessary.
C. Employer's Liability (Stop Gap):
Contractor and all Subcontractor(s) shall atall times comply with all applicable workers' compensation,
occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent
@pp||omb|u, and shall maintain Employer's Liability insurance with a limit of no |000 than
$1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its
employees for services performed under the terms u[this Contract. Contractor agrees 0oassume full
liability for all claims arising from this Contract including claims resulting from negligent acts ofall
8ubcontroctor(s). Contractor is responsible to ensure Subcontractor(s) have insurance as
needed, Failure of Subcontractors(s) to comply with insurance requirements does not limit Contractor's
liability or responsibility,
Contractor's insurance coverage shall bnprimary insurance with respect to those who are Additional Insureds under
this Contract. Any insurance, or self-insurance maintained bythe City shall bminexcess of the Contractor's insurance
and shall not contribute hoit.
If at any time during the life Vfthe Contract, mrany extension, Contractor falls bomaintain the required insurance in full
force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required
insurance may bosufficient cause for the City to terminate the Contract,
Should acourt ufcompetent jurisdiction determine that this Contract is subject hoRCVY4.24115, 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 ufContractor and the City. its officers, elected and appointed offioia|a, emp|oyeou, agents,
attorneys and volunteers, Contractor's liability hereunder shall be limited to the extent of the Contractor's negligence.
16. Severability
Ifany term orcondition of this Contract nrthe application thereof to any person(s) or circumstances is held invalid,
such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term,
condition nrapplication. Tothis end, the terms and conditions ofthis Contract are declared severable.
M
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17. Contract Documents
This Contract. the Invitation to Quxte#21904G. Scope of Work, conditionu, addendo, and modifications and
Contractor's pmpnuo| (to the extent consistent with Yakima City documents) constitute the Contract Documents and
are complementary, Specific Fadono| and State |amm and the terms of this Contract, in that order respeuUva|y,
supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing
Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract.
18. Term|nmtion-Cmnvenence
This Contract may bnterminated by either party bygiving thirty (30days written notice of such intent and will become
effective thirty (30) days from the date such written notice is delivered to the applicable party to the Contract,
19.Terminatim 'Cmuse
The City reserves the right Vnterminate this Contract oiany time, upon written notice, inthe event that the Services of
Contractor are deemed by the City to be unsaUnfaotory, or upon failure to perform any o[the terms and conditions
contained in this Contnoct. The effec
tive ofthe notice, urthree days
after the notice is mailed first class mail. certified with return receipt requested.
20. Force Mmjeuxm
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics, war, riot, delay in
transportation orrailcar transport shortages, provided Contractor notifies the City immediately in writing of such pending
oractual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for
mperiod equal hothe time lost due huthe reason for delay.
21. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
22. Venue
The venue for any action toenforce Orinterpret this Contract shall lie inacompetent jurisdiction |nYakima 'County,
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23, Authority
The person executing this Contract, nnbehalf uYContractor, represents and warrants that he/she has been fully authorized
by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, pedbnnannum and
provisions n[this Contract.
24.motice
Any notice required orpermitted to be given under this Contract shall boinwriting and deemed effective ifeither delivered
inper-son orbvovernight mouhnr, facsimile urfirst class mail, certified with return receipt requested. Notices hothe parties
shall be delivered to:
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7
TO CITY: City of Yakima Purchasing
129 North Second Street
Yakima, WA 98901
TO CONTRACTOR: e3 Solutions, Inc.
PO Box 72
Yakima, WA 98907-0072
25. Survival
The foregoing sections of this Contract, 1-24 inclusive, shall survive the expiration or termination of this Contract in
accordance with their terms.
IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written.
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Date:
ierk
CITY CONTRACT NO:
RESOLUTION NO:
AGREEMENT 21923S - S2 AIRPORT CONVERSION
e3 SOLUTIONS, INC.
Signature/Title
Date:
(Print name)