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HomeMy WebLinkAbout12/06/2011 04E Underground Conduit and Pull-boxes Use; MOU with Yakima Valley Community College •,. ;; 4 • • w•. • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. A15'. For Meeting of: December 6, 2011 • ITEM TITLE: Resolution authorizing a Memorandum of Understanding with Yakima Valley Community College to utilize an underground conduit street crossing and pull -boxes on 16th Avenue for fiber optic service to YVCC. SUBMITTED BY: Michael A. Morales, Assistant City Manager CONTACT Doug Mayo, PE, City Engineer/ 576 -6678 PERSON /TELEPHONE: SUMMARY EXPLANATION: The City of Yakima has evaluated YVCC's request to utilize a City underground signal conduit system to provide fiber optic communication service to the YVCC campus and to avoid the traffic disruption associated with conduit • installation across 16th Avenue near the intersection of Bonnie Doon. YVCC is in the process of correcting deficiencies in their communication system with their Grandview campus and is working to improve connectivity, reliability and communication speed with that remote campus. They are updating to and installing fiber optic technology, and believe it would be most efficient to utilize the City's underground conduit and pull -boxes to cross 16th Avenue with their fiber optic cable, thus eliminating the traffic disruption associated with installing new conduit across 16th Avenue. The fiber optic line proposed to be installed is approximately 5/8" in diameter and has been determined not to impede the City's use of the conduit and pull boxes. This is a no -cost impact to the City's existing underground signal conduit and pull -boxes at this location. Resolution X Ordinance Other (specify) Memorandum of Understanding Contract: X Mail to: Linda J. Kaminski, Ed.D., c/o YVCC, PO box 22520, Yakima, WA 98907 -2520 Contract Term: Amount: Expiration Date: Insurance Required? No Funding n/a Phone: (509) 574 -4691 Source: APPROVED FOR City Manager SUBMITTAL: • STAFF RECOMMENDATION: Staff respectfully requests that City Council approve the Memorandum of Understanding • BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ Memorandum of Understanding ❑ Resolution • • • • • • • • • 4 .4 N Yakima Valley (C ommunity College YainaCa<npus South 16 Avenue& N obH 31 Boulrairl PD . Box22520,Yakma,W athingtnn 98907-2520 Phone (509) 574 -4600 • Fax (509) 574 -6860 •www yvcc.edu MEMORANDUM OF UNDERSTANDING BETWEEN YAKIMA VALLEY COMMUNITY COLLEGE AND • THE CITY OF YAKIMA This MEMORANDUM OF UNDERSTANDING (hereinafter "MOU ") is executed by and between Yakima Valley Community College (hereinafter "YVCC ") and the City of Yakima, a municipal corporation (hereinafter "City of Yakima "). WHEREAS, YVCC is asking permission from the City of Yakima to utilize the existing underground conduit and associated east and west pull boxes located at the intersection of South 16 Avenue and Bonnie Doon. This existing conduit and associated, pull boxes would be used to install a Fiber Optic line from the west side of South 16th Avenue to the east side of South 16th Avenue where it can be accessed and continued from the City pull box into the YVCC campus through YVCC conduit. WHEREAS, YVCC and the City of Yakima mutually agree that it is in the best interest of • both parties to utilize the City underground conduit and pull boxes because this route will have the least impact on traffic and the least impact on the existing infrastructure. NOW, THEREFORE, in consideration of the mutual covenants, promises and conditions set forth herein, it is agreed by and between the City of Yakima and YVCC as follows: 1. Term. This MOU shall be in effect on December 7, 2011 and shall continue in effect until terminated in accord with paragraph 15. 2. YVCC Responsibilities. YVCC understands the nature of this project and that it is solely responsible for damages that may occur during the Fiber Optic installation and /or removal process. YVCC shall repair any damages that may occur during, or as a result of, the installation or removal of the Fiber Optic, to the satisfaction of the City. YVCC shall hire a professional contractor to perform the Fiber Optic installation work. 3. City of Yakima Responsibilities. City of Yakima agrees to share the existing City cable pull boxes on the east and west sides of 16 Avenue near the intersection with Bonnie Doon and to allow YVCC to cross 16 Avenue with Fiber Optic cable utilizing underground conduit identified by the City. 4. Consideration. The parties mutually agree to the terms and conditions of this MOU and further agree that the public's best interest is best served by this MOU. 5. Administration. This MOU shall be administered by the City of Yakima or its designee and the President of YVCC or her designee. • 6. No Third Party Rights. This MOU is entered into for the sole benefit of the YVCC and the City of Yakima. It shall confer no benefits or rights, direct or indirect, on any third persons, including employees of the parties. No person or entity other than the parties themselves may rely upon or enforce any provision of this MOU. The decision to assert or waive any provision of this MOU is solely that of each party, to the extent of each party's contribution hereto. 7. Severability. Whenever possible, each provision of this MOU shall be interpreted in such a manner as to be effective and valid under applicable law. Any provision of this MOU which shall prove to be invalid, unenforceable, void, or illegal shall in no way affect, impair, or invalidate any other provisions hereof, and such other provisions shall remain in full force and effect. Any provision of this MOU in direct conflict with any statutory provision of the state of Washington shall be deemed modified to conform to such statutory provision. 8. Integration, Supersession, and Modification. This MOU sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all prior negotiations, discussions, understandings, and agreements between the parties as to the subject matter hereof, which are hereby declared terminated and of no further force and effect. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this MOU shall be effective unless reduced to writing and executed by the parties. 9. Non - Waiver. The waiver by YVCC or the City of Yakima of the breach of any provision of this MOU by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party from thereafter enforcing any such provision. 11. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY OF YAKIMA: Public Works Yakima Signal Department 2311 Fruitvale Blvd. Yakima, WA 98902 TO YVCC: President Yakima Valley Community College P.O. Box 22520 - Yakima, WA. 98907 -2520 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 or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 12. Survival. Any provision of this MOU that imposes an obligation after termination or expiration of this MOU shall survive the term or expiration of this MOU and shall be binding on the parties to this MOU. 13. Governing Law. This MOU shall be governed by and construed in accordance with the laws of the state of Washington. 2 • • 14 Venue. The venue for any action to enforce or interpret this MOU shall lie in the Superior Court of Washington for Yakima County, Washington. 15. Termination. Either party may terminate this MOU, with or without cause, by giving the other party written notice of termination, said notice to be effective immediately. Upon said notice of termination, if the City of Yakima provides YVCC with written demand for the removal of the Fiber Optic cable installed in accord with this MOU, said Fiber Optic cable shall be removed from the City conduit and pull boxes within ninety (90) days of receipt of said demand at no cost to the City. 16. Statement of Insurance. The state Washington, including all its agencies and departments is self- insured for all exposure to tort liability, property damage liability, and vehicle liability as provided for in the Risk Management Act, Revised Code of Washington, Chapter 43.19.19362. 17. Indemnification. YVCC agrees to assume full responsibility for any negligent act of its employees, officers, agents, contractors and attorneys for which it would be deemed legally liable. The City of Yakima agrees to assume full responsibility for any negligent act of its employees, officers, agents, and attorneys for which it would be deemed legally liable. CITY OF YAKIMA YAKIMA VALLEY COMMUNITY COLLEGE By: B Linda J. Kaminski, Ed.D. President Date: Date: • 3 • RESOLUTION NO. 2011 - A RESOLUTION authorizing the City Manager to execute a Memorandum of Understanding (MOU) between the City of Yakima and Yakima Valley Community College (YVCC) allowing YVCC to utilize a City -owned underground conduit crossing & pull -boxes located on the east and west sides of 16 Avenue for providing fiber optic service to the YVCC campus. WHEREAS, the City has determined that it is desirable to eliminate disruption to traffic on principal arterials whenever possible; and, WHEREAS, the City and YVCC recognize that the use of the City's existing signal facilities are part of a cooperative benefit to both parties; and, WHEREAS, the City and YVCC are participating in this cooperative benefit without financial compensation to either publicly- funded party; and, WHEREAS, upon approval the agreement will be listed on the City's website in accord with RCW 39.34.040; and, WHEREAS, the City Council deems it to be in the best interests of the City to enter into this MOU with YVCC for the purpose of utilizing underground conduit crossing & pull -boxes on 16 Avenue to provide YVCC with access to fiber optic communication without disrupting the traffic on 16 Avenue; Now Therefore, S BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute a Memorandum of Understanding with Yakima Valley Community College for the purpose of utilizing underground conduit crossing & pull -boxes on 16 Avenue for fiber optic service to YVCC. ADOPTED BY THE CITY COUNCIL this 6 day of December, 2011. Micah Cawley, Mayor ATTEST: Deborah Kloster, City Clerk •