HomeMy WebLinkAbout58-94 - Res. Authorizing Emergency Worker Employees to Purchase Cellular Phone Service on County Contract -3
RESOLUTION NO. ® '19
AUTHORIZING EMERGENCY WORKER EMPLOYEES TO PURCHASE
CELLULAR PHONE SERVICE ON COUNTY CONTRACT
WHEREAS, Mason County desires to provide the necessary tools
to contact emergency worker employees when they are needed ; and
WHEREAS, many emergency worker employees have indicated a
desire for Mason County to obtain cellular phone service; and
WHEREAS, Washington State laws and the cellular phone
supplier provide the opportunity to meet the needs expressed by
both Mason County and emergency worker employees :
NOW, THEREFORE, BE IT RESOLVED that the Board of Mason
_ County Commissioners does hereby authorize Mason County emergency
worker employees to contract with the County for cellular phone
service ( see Exhibit A which is incorporated as part of this
resolution ) .
APPROVED THIS 21st day of June, 1994 .
BOARD OF COUNTY,,1COMMISSIONE S
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MARV L./) FAUGH NDER , . AIRIPERSON
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WILLIAM 0. HUNTER, COMMISSIONER
LAURA E. PORTER , COMMISSIONER
ATTEST:
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RITBECCA S. ROGERQ CLEWAOF THE BOARD
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MICHAEL CLIFT, C. DEPUTY PROSECUTOR
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AT'- CHMENT A
PERSONAL CELLULAR PHONE GRE E T
MASON COUNTY, WASHINGTON
This agreement is entered into between the County of Mason,
hereinafter referred to as the "County" and
, hereinafter referred to as "employee" ,
on the day of , 19
WITNESSETH:
WHEREAS, the County desires to provide the tools to help
contact the employees when they are needed® and
WHEREAS, many employees have indicated a desire for the County
to obtain cellular service® and
WHEREAS, the law and the cellular supplier provides the
opportunity to meet the needs expressed by both the County and the
employees;
NOW, THEREFORE, in consideration of the terms, conditions,
covenants and performance contained herein, the parties hereto
agree as follows:
A. THE EMPLOYEE SHALL:
1. Acknowledge their status as an emergency worker.
2 . Agree to assume full responsibility for any and all
costs associated with cellular phone service and
pay said costs promptly.
3 . Pay for any installation charges and any equipment
needed, which will remain the property of the
employee.
4 . By signing this agreement, be deemed to authorize
the withholding of funds from the employee
paycheck, any amount necessary to pay for charges
the County incurs as a result of this contract.
5. Authorize, in the event the relationship between
the employee and the County is terminated, the
County to withhold any and all of the employee®s
final reimbursement or paycheck until such a time
as the County is notified by US West Cellular that
all charges and obligations for service have been
paid in full.
6. Fully indemnify, release and hold harmless the
County for any monetary costs or claims of any
nature arising out of this cellular telephone
program.
ATTACHMENT A
B. THE COUNTY SHALL:
1. Authorize this individual to be on this plan.
2 . Authorize billing and be the responsible party of
record for cellular telephone service through US
WEST Cellular.
C. TERM:
The term of Agreement shall begin on day of
1 19 and shall automatically
renew annually unless terminated according to the
provisions herein.
D. TERMINATION•
1. Termination of Convenience. Upon mutual agreement,
either party may terminate the Agreement
immediately with written notice to the other party.
The County may terminate this agreement by
notifying US WEST Cellular that the employee number
is no longer authorized to participate in the
program, followed by written notice to the
employee.
2 . Termination for Cause. If the employee fails to
perform in the manner called for in this Agreement,
or if the Service Provider fails to comply with any
of the provisions of the Agreement, or if the
employee fails to participate actively with the
County, or if the employee does not maintain an
acceptable performance evaluation, the County may
terminate this Agreement. Termination shall be
effected by notifying US WEST Cellular that the
employee's number is no longer authorized to
participate in the program, followed by written
notice to the employee.
E. ATTORNEY'S FEES AND COSTS•
If any legal proceeding is brought for the enforcement of
this Agreement, or because of an alleged dispute, breach,
default, ,or misrepresentation in connection with any of
the provisions of this Agreement, the County shall be
entitled to recover from the employee, in addition to any
other relief to which such party may be entitled,
reasonable attorney's fees and other costs incurred in
that action or proceeding.
F. JURISDICTION•
1 The Agreement has been and shall be construed as
having been made and delivered within the State of
ITTACHMENT A
Washington, and it is agreed by each party hereto
that this Agreement shall be governed by the laws
of the State of Washington, both as to
interpretation and performance.
2 . Any action of lawsuit in equity or judicial
proceeding for the enforcement of this Agreement or
any provisions thereof, shall be instituted and
maintained only in any of the courts of competent
jurisdiction in Mason County, Washington.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first written.
DATE DATE
COUNTY COMMISSIONERS EMPLOYEE
APPROVED AS TO FORM:
PRO
7 R