CONTRACT 3433 - PERM OtherSIDE LETTER OF AGREEMENT
UNION PROVIDED INTERNET ACCESS FOR MEMBERS PERSONAL USE
BETWEEN
THE CITY OF EL SEGUNDO AND
EL SEGUNDO FIREFIGHTERS' ASSOCIATION, INC.
THIS AGREEMENT is made and executed this 5th day of January , 2005, between
the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "CITY "), and the
EL SEGUNDO FIREFIGHTERS' ASSOCIATION, INC., I.A.F.F. Local 3682 ( "UNION ").
1. RECITALS. This Agreement is made with reference to the following facts and objectives:
A. UNION is seeking CITY's permission for its members to use public facilities for
access to union provided Internet and Worldwide Web ( "System ").
B. UNION proposes that access to the System may be accomplished both through
wireless devices and direct connections ( "System Access ");
C. CITY amenable to allow UNION such access provided that UNION's activities
do not interfere with CITY's Information Technologies.
2. DEFINITIONS. Unless otherwise provided in this Agreement, the definitions set forth in
City Council Resolution No. 4384, adopted on August 3, 2004 ( "IT Rules "), are incorporated by
reference into this Agreement.
3. UNION'S RESPONSIBILITIES.
A. UNION understands that CITY operates and maintains Information Technologies
and that the operation of this IT is paramount over any UNION activities. It is
further understood that CITY may alter its current IT in the future. Accordingly,
UNION's System Access cannot interfere with CITY's IT on or from the
Property. In the event UNION's installation, maintenance or operation of System
Access interferes with CITY's IT, UNION must immediately cease such
interference, after written notice thereof until it is able to resolve the interference
problem. If the interference cannot be resolved within a reasonable period of time
under the circumstances, CITY may terminate this Agreement.
B. UNION's System Access must be completely separate from CITY's IT.
C. UNION agrees that its use of System Access must, at a minimum, comply with
the IT Rules Sections 13, 14, 15, 21, and, if acting as a CITY employee rather
than an individual, Section 18. In addition, personal use is limited to breaks,
stand -by time or other times approved by their direct supervisor. Furthermore,
UNION agrees that CITY may, from time to time, establish administrative
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policies and procedures that secure CITY's IT. UNION agrees to comply with
such Rules.
D. UNION agrees that it is solely responsible for any and all costs associated with
the System and System Access including, without limitation, purchasing
equipment and System subscription services.
4. CITY'S RESPONSIBILITIES. CITY will permit UNION to use public property for
System Access.
5. TERM. Except as otherwise provided, the term of this Agreement will coincide with the
term set forth in Contract No. 3270, approved November 5, 2003. Unless terminated thirty (30)
days before the expiration date, the Agreement will renew on the anniversary date for succeeding
one (1) year terms.
6. TERMINATION.
A. Either Party may terminate this Agreement at any time with or without cause,
upon written notification stating the reason for termination.
B. CITY may terminate this Agreement as set forth above.
7. ASSIGNMENT. Neither party may assign this Agreement or any interest therein.
8. INDEMNIFICATION. UNION agrees to the following:
A. UNION indemnifies and holds CITY harmless from and against any claim,
action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising out of this Agreement, or its performance,
including copyright or patent infringement claims or causes of action.
Should CITY be named in any suit, or should any claim be brought against it
by suit or otherwise, whether the same be groundless or not, arising out of
this Agreement, or its performance, UNION will defend CITY (at CITY's
request and with counsel satisfactory to CITY) and will indemnify CITY for
any judgment rendered against it or any sums paid out in settlement or
otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, and representatives.
9. GOVERNING LAW. This Agreement has been made in and will be construed in
accordance with the laws of the State of California and exclusive venue for any action involving
this Agreement will be in Los Angeles County.
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3433
10. ENTIRE AGREEMENT. This instrument and its Attachments constitute the sole
agreement between CITY and UNION respecting the matters set forth above and correctly sets
forth the obligations of CITY and UNION. Any agreement or representations respecting the
issues in this Agreement not expressly set forth in this instrument are void.
11. COUNTERPARTS. This Agreement may be executed in any number or counterparts, each
of which will be an original, but all of which together will constitute one instrument executed on
the same date.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CITY OF EL SEGUNDO
a municipal corporation.
ary S 5aFgger
City M
ATTEST:
(04VAri-
Cindy Mort en,
City Clerk
APPROVED
MARK D. IT
wo
KarT H. Berger, / /
Assistant City,At mey
EL SEGUNDO FIREFIGHTERS'
ASS/O I ION, INS:
Kevin Rehm,
President
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