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Home My WebLink AboutR-1996-161 Agreement / City of Union Gap / Communications Equipment Repair and Maintenance ServicesRESOLUTION NO. R-96- 161 A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute a Communications Equipment Repair and Maintenance Services Agreement with the City of Union Gap. WHEREAS, the City of Union Gap owns certain communications and electronics equipment that requires regular repair and maintenance services; and WHEREAS, the City of Yakima has the ability to provide such repair and maintenance services and is willing to provide such services in accordance with the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to provide such services to the City of Union Gap in accordance with the terms and conditions of the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated Communications Equipment Repair and Maintenance Services Agreement with the City of Union Gap. ADOPTED BY THE CITY COUNCIL this 17th day of ecember , 1996. ATTEST:1 Lyn Buchanan, Mayor City Clerk I1.01.,.i.muncin equip nun[n. .pm COMMUNICATIONS EQUIPMENT REPAIR AND MAINTENANCE SERVICES AGREEMENT THIS COMMUNICATIONS EQUIPMENT REPAIR AND MAINTENANCE SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima (hereinafter "Yakima"), and the City of Union Gap (hereinafter "Union Gap"). WITNESSETH WHEREAS, Union Gap owns certain communications and electronics equipment that requires regular repair and maintenance service. WHEREAS, Yakima has the ability to provide such repair and maintenance service and is willing to provide such services to Union Gap in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, pursuant to RCW 39.34 and in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between Yakima and Union Gap as follows: 1. Scope of Services. Yakima agrees to repair and maintain the communications and electronics equipment owned by Union Gap identified on Exhibit. "A" attached hereto and incorporated by reference. All repair and maintenance services will be done at the Yakima Electronics Maintenance Facility during regular business hours, unless agreed to otherwise by the parties in writing. "Repair and maintenance" shall include, but not be limited to, providing all parts and labor reasonably required to repair such equipment which has become defective through normal wear and usage, and providing all parts and labor required for preventative maintenance of the same; provided, i hat Yakima shall not be required to install the equipment for Union Gap. Yakima shall not be required to repair those defects presently known to Union Gap which are set forth on attached Exhibit "A," nor shall Yakima be obligated to repair equipment damaged by accident or neglect. 2. Consideration. (a) In consideration of the repair and maintenance services provided hereunder by Yakima during calendar year 1997, Union Gap shall pay Yakima a "basic annual rate" of One Thousand Eight Hundred Dollars ($1,800.00) as follows: Four Hundred and Fifty Dollars ($450.00) within thirty (30) days of execution of this Agreement; and three subsequent payment of Four Hundred and Fifty Dollars ($450.00), each such payment due on or before April 1, 1997, July 1, 1997, and October 1, 1997 respectively. (b) In consideration of the repair and maintenance services provided hereunder by Yakima for each calendar year subsequent to 1997, Union Gap shall pay Yakima the amount of the previous year's basic rate as increased by Page 1 of 4 (hlapJuouncto cyuip mnwcc.pro an amount equal to one hundred percent (100%) of CPI based on the Seattle Consumer Price Index ("CPI -W") for the period of the previous July to July (Example: the basic rate for 1998 shall be based upon the 1997 basic rate as increased by an amount equal to one hundred percent (100%) of CPI -W for the period of July 1996 to July 1997). Payment for each calendar year subsequent to 1997 shall be in four (4) equal installments due respectively on or before February 1; April 1; July 1; and October 1 of the subject calendar year. (c) All payments due under this Agreement shall be made and delivered by Union Gap to the Office of the Director of Finance and Budget, 124 North Second Street, Yakima, Washington 98901. 3. Term of Agreement. The term of this Agreement shall commence upon execution hereof and shall continue in full force and effect until terminated by either party in accordance with Section 10 of this Agreement. 4. Notification of Need for Repair/Maintenance. Union Gap shall notify Yakima upon its discovery of failure of any listed equipment, or when such equipment is determined by Union Gap to need maintenance work. Union Gap shall transport the equipment to and from the Yakima Electronics Maintenance Facility. Yakima shall service and return the equipment as required by this Agreement within a reasonable time, but shall perform service upon Union Gap's equipment on a priority basis. 5. Hold Harmless and Indemnification. Union Gap shall defend, indemnify, and hold harmless Yakima, its elected officials, officers, agents, volunteers, employees, or assigns from any and all future litigation or claims of a third party that may arise in connection with defects in the construction or workmanship of any parts supplied by Yakima; or which may arise in connection with any delays or loss if due to any cause beyond Yakima's control, such as, but not limited to, power outage, natural disaster, acts of God, acts or war, or inability to provide or continue to provide the agreed-upon services due to a court ruling or other legal action adverse to Yakima or this Agreement. Moreover, Union Gap hereby waives, and promises not to make, any claim or initiate any lawsuit against Yakima based upon any claim, loss or injury to Union Gap, its elected officials, officers, agents, employees, volunteers, or assigns that may arise in connection with defects in the construction or workmanship of any parts supplied by Yakima; or which may arise in connection with any delays or loss if due to any cause beyond Yakima's control, such as, but not limited to, power outage, natural disaster, acts of God, acts of war, or inability to provide or continue to provide the agreed upon services due to a court ruling or other legal action adverse to Yakima or this Agreement. 6. Nondiscrimination Provision. During the performance of this Agreement, Yakima shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall Page 2 of 4 11 ,I.ipJunuw a egwp nuance pu include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. 7. No Insurance. It is understood Yakima does not maintain liability insurance for Union Gap and/or its employees. 8. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Union Gap to any other person or entity without the prior written consent of Yakima. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Union Gap stated herein. 9. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party thirty (30) days written notice of termination. 10. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 11. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 12. Integration. This written document constitutes the entire agreement between the Yakima and Union Gap. There are no other oral or written Agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 13. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO YAKIMA: TO UNION GAP: Page 3 of 4 (1.1agilcnuuum uywp nuunco.pm 129 North 2nd Street Yakima, WA 98901 102 West Ahtanum Road P. O. Box 3008 Union Gap, WA 98903-0008 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective when mailed or hand delivered at i:he addresses specified above. 14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 15. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. EXECUTED this /34 day of CITY OF YAKIMA 13 Al 1EST: n Buchanan, Mayor (` City Clerk City Contract Resolution No. Page 4 of 4 (Is)auft muucin equip mnwce pm No. ` (� /!a Y Y g 6 J 1 Y/ ,199% . CITY OF UNION GAP 13 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /3 For Meeting of: 12/17/96 ITEM TITLE: Renewal of A Radio Maintenance Contract with the City of Union Gap. SUBMITTED BY: Wayne Wantland, Public Safety Communications Supervisor CONTACT PERSON/TELEPHONE: Wayne Wantland, 575-6048 SUMMARY EXPLANATION: This item is a renewal of an existing Contract with the City of Union Gap for radio maintenance. The only major change within the Contract was to incorporate a C.P.I. adjustment clause into the terms of the agreement. This C.P.I. adjustment will be added to a 1996 base of eighteen hundred dollars ($1,800.00). Resolution X Ordinance Contract X Minutes Plan/Map Notification List Other Specify) APPROVED FOR SUBMITTAL: ity Manager STAFF RECOMMENDATION: Approve as submitted. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. Resolution No. R-96--161