Equipment Use & Service Agr
EQUIPMENT USE AND SERVICE AGREEMENT
This Service Agreement is entered into this 11TH day of June, 2003, between the
CITY OF SALINA, KANSAS (the "City") and STEVE THOMPSON ("Owner").
Recitals
A. Owner owns and is skilled in the operation and maintenance of a certain
Global Positioning System Base Station and Receivers which includes the equipment
listed on the attached Exhibit A (the "Equipment").
B. The City has a need to use the equipment over the summer of 2003 and the
Owner is willing to provide, maintain, and service the Equipment over that period of time
under the terms of this Agreement.
THE PARTIES therefore covenant and agree:
1. Use. Compensation. and Term. Commencing effective June 1, 2003
through August 31, 2003, the Owner shall (a) make available for use by the City, (b)
insure, (c) service and maintain, (d) and pay all personal property taxes on the
Equipment, all in exchange for compensation in the amount of $845 per month
("monthly payment"). The monthly payment for June 2003 shall be payable upon
execution of this Agreement. The monthly payment for July and August 2003 shall be
payable by the first day of each of those months.
2. Location of Equipment. During the term of this Agreement, the
Equipment shall be housed in the offices of the City's Engineering Department in a
location that will allow Owner access to the Equipment during regular business hours for
the purposes of inspecting, maintaining, or repairing the Equipment. The City is
authorized to utilize the portable components of the Equipment in off-site field work in
accordance with reasonably acceptable industry standards.
3. Removal of Equipment. Upon either the expiration of this Agreement or
upon termination pursuant to either paragraph 4 or 5 below, Owner shall promptly
remove the Equipment from the offices of the City's Engineering Department.
4. Default bv Owner. If Owner fails to perform any of his obligations under
this Agreement, the City may give the Owner a ten-day written notice to correct the
deficiency. If Owner fails to correct the deficiency within the ten-day period, the City
may give the Owner written notice of termination of this Agreement and instruct the
Owner to retrieve his equipment. In that circumstance, the City shall have no further
financial obligation to the Owner beyond previously paid monthly payments.
5. Default by City. If the City fails to perform any of its obligations under
this Agreement, the Owner may give the City a ten-day written notice to correct the
deficiency. If the City fails to correct the deficiency within the ten-day period, the Owner
may give the City written notice of termination of this Agreement and retrieve his
equipment. If the City's failure to perform is in its failure to timely pay a monthly
installment, the City shall be liable to the Owner for the full monthly installment for the
month in which this Agreement is terminated. Under any other circumstance, the City
shall have no further financial obligation to the Owner beyond previously paid monthly
installments.
6. Relationship of Parties. For all purposes throughout the term of this
Agreement, the Owner shall remain the owner of the Equipment.
7. Notice. Any notice provided for pursuant to this Agreement shall be given
by either hand delivery or United States certified mail directed to the following
addresses:
City:
City Clerk
City of Salina, Kansas
P.O. Box 736
Salina, KS 67402-0736
Owner:
Steve Thompson
3417 Lightville Rd.
Salina, KS 67401
9. Non-assilUlable. Considering the significance of the unique qualifications
of the Owner, this Agreement shall not be subject to assignment by the Owner without
the express written consent of the City.
8. Binding Effect. This Agreement shall be binding upon the parties and
their heirs, beneficiaries, personal representatives, successors, and authorized assigns.
EXECUTED, as of the day and year first written above.
CITY OF SALINA, KANSAS
By:
h~, /'
Dennis Ki~
City Manager
OWNER
~~~
EXHIBIT A
(the "Equipment")
List of Sokkia GSR 2200 (Ashtech Z-12) RTK Systems
An nten nas L 1-L2
Rover Units
ANTA GSR 2200
PIN 700700 (c) Rover A PIN 800070-01 (A) 1MB
SIN MA 15068 SIN GP10152
ANTB GSR 2200
PIN 700700 (c) Rover B PIN 800070-01 (A) 1MB
SIN MA15183 SIN GP10169
ANTC GSR 2200
PIN 700718 (B) Rover C PIN 800070-01 (A) 3MB
SIN SG 15263 SIN GP10187
ANTD GSR 2200
PIN 700718 (B) Rover D PIN 800070-01 (A) 3MB
SIN SG 15252 SIN GP10198
RADIO'S
DATA COLLECTORS
Rover RRAD A
Model PDL4500 Freq 450-470 Mhz Product Code P-4020-N265 2MO
PIN A00979 DC1 SIN 4000022730 Y
SIN 99513527
Rover RRAD B
Model PDL4500 Freq 450-470 Mhz Product Code P-4020-N265 2MO
PIN A00979 DC2 SIN 4000023322 Y
SIN 99493330
(includes two backpacks for the rovers)
BASE RADIO'S
Base D
Model PDL4535 Freq 450-470 Mhz
PIN A00939
SIN 99513521
Base C
Model PDL4535 Freq 450-470 Mhz
PIN A00939
SIN 99493346