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Home My WebLink About06/18/2013 05E Light Pole Use Agreement with Yakima Valley Community CollegeBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT f- J Item Nod For Meeting of: 6/18/2013 ITEM TITLE: Resolution authorizing an agreement with Yakima Valley Community College for use of a light pole. SUBMITTED BY: Debbie Cook, Utilities and Engineering Director SUMMARY EXPLANATION: Water /Irrigation is in the process of implementing our Advanced Metering Infrastructure project. As part of the project, we will be installing wireless data collectors at various locations through our service area. One of the locations that we are pursuing is at Yakima Valley Community College. Specifically, we are wanting to mount the data collector on one of the light poles in Parker Field approximately 70 feet above ground level. The College has a use agreement for these purposes. Resolution: X Other (Specify): Contract: X Start Date: On execution Item Budgeted: NA Funding Source /Fiscal Impact: Strategic Priority: Insurance Required? Yes Ordinance: Contract Term: Indefinite End Date: Amount: Improve the Built Environment Mail to: Jeff Wood, Yakima Valley Community College, P.O. Box 22520 Yakima, WA 98907 -2520 Phone: APPROVED FOR SUBMITTAL: &04**Vf4'� City Manager RECOMMENDATION: Adopt Resolution and sign agreement ATTACHMENTS: Name: 0 Standard Agreement for City of Yakima for Parker Field light pole res.docx F-I Standard Agreement for City of Yakima for Parker Field light role useFINAL..doc RESOLUTION NO. R -2013- A RESOLUTION authorizing the City Manager to execute an Agreement with Yakima Valley Community College for use of a light pole. WHEREAS, the City of Yakima, Water /Irrigation Division is installing a wireless automated water meter reading system; and WHEREAS, said system has several data collection modules that are mounted on a utility poles; and WHEREAS, the Yakima Valley Community College is located in an area where a data collection module must be installed; and WHEREAS, the Yakima Valley Community College owns a light pole in Parker Field of sufficient height to mount a data collector on; and WHEREAS, the Yakima Valley Community College has agreed to the installation of the data collection module under the terms established in an Agreement; and WHEREAS, it is in the best interests of the City of Yakima to sign the Memorandum of Understanding for the installation of a data collection module; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated Agreement with the Yakima Valley Community College. ADOPTED BY THE CITY COUNCIL this 18th day of June, 2013. ATTEST: Sonya Claar Tee, City Clerk Oc)res/Yak Basin Water Resource Agency Agreement 1 Micah Cawley, Mayor YV Vcoi Ic e CommunityColl: e Contract Number: South Sixteenth Ave. & Nob Hill Blvd P.O. Box 22520 STANDARD AGREEMENT This agreement is between YAKIMA VALLEY COMMUNITY COLLEGE (YVCC) and City of Yakima 129 North 2nd Street Yakima, Washington 98901 (509) 575 — 6154 Yakima Campus Yakima, WA 98907 -2520 Phone: (509) 574 -4600 FAX: (509) 574 -6860 This Agreement shall be in effect from , 20_ , and shall remain in effect until terminated pursuant to Subsection F of "Standard Terms and Consditions" below. YAKIMA VALLEY COMMUNITY COLLEGE SHALL PROVIDE: A. Define specific services: YVCC will provide a Parker Baseball Field light pole located on South12th Avenue approximately 100 yards North on S. 12th Avenue from Nob Hill Blvd. for the City to install data collection equipment for its system of for wireless water meter reading. B. Equipment and materials: The Light pole provided by YVCC currently has an electrical lighting system and disconnect. All parties working in, around, and on the light pole should use caution. The City of Yakima shall be responsible for repair of any damage to YVCC's light pole and existing electrical lighting system and disconnect equipment caused by the installation of equipment by the City of Yakima or its contractors to the light pole. Any and all fixtures shall be securely attached and not cause any structural damage during installation and while in service. If at anytime the City of Yakima is no longer using this installed equipment, it will be the responsibilty of the City of Yakima to remove all equipment. C. Facilities: The City of Yakima shall have the right to access YVCC property and the light pole for the purpose of inspection, repair, replacement and maintenance of the City's installed equipment. The City of Yakima will cooperate with YVCC regarding scheduling of such access. All communications for accessing the Parker Field Light Pole will be through the YVCC Facility Operations Director Jeff Wood and /or the AssistantDirector Casey Rice, or their successors as designated by YVCC. D. Compensation: The purpose of this installation of the antenna and related equipment is for wireless water meter reading and will be a mutual benefit for both parties with no gifting of Washington State resources. All services will be provided at no charge. 2. THE City of Yakima Shall Provide: A. Services, equipment, and materials: All services, equipment, and materials at no cost to YVCC. B. Insurance: The City of Yakima must provide proof of insurance satisfactory to YVCC, or a certificate of insurance listing State of Washington Yakima Valley Community College as additional insured, for the period in which installation work will be performed and the installed equipment operated and maintained with a general insurance liability limit of $1 million for each occurrence with an aggregate $3 million. The certificate of insurance must be submitted to YVCC before any agreement will be consumated. Updated 2002 Page 1 of 3 Contract Number: 3. ENTIRE AGREEMENT: This agreement, including the attached YVCC Standard Terms and Conditions, endorsements, or schedules, sets forth in full the entire agreement. Any other agreement, representation, or understanding, verbal or otherwise, relating to the services of YVCC, or otherwise dealing in any manner with this agreement is not considered part of this agreement. This agreement may be waived, changed, modified, or amended only by written agreement executed by both of the parties hereto. If any provision of the agreement is deemed in conflict with any statute or rule of law, such provision shall be considered modified to be in conformance with said statute or law. The parties enter into this agreement by signing on the lines below. Signature: Signature: Typed Name: Typed Name: Tony O'Rourke Title: Title: City Manager Date: Date: Signature: ATTEST: Typed Name: Typed Name: Sonya Claar Tee Title: Title: City Clerk Date: Date: Updated 2/8102 Page 2 of 3 Contract Number: STANDARD TERMS AND CONDITIONS A. INDEMNIFICATION CLAUSE: YVCC agrees to assume responsibility for any act of its employees, officers, agents, and attorneys for which it would be deemed legally liable. The City of Yakima agrees to assume responsibility for any acts of its employees, officers, agents, and attorneys for which it would be deemed legally liable. B. STATEMENT OF SELF - INSURANCE: The State of 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. THE TORT CLAIMS ACT, RCW 4.92 et seq., provides the fundamental remedy for all liability claims against the State. Such claims must be filed with the State Office of Risk Management for processing according to statute. C. LOSS LIABILITY: In the event of the loss, damage or destruction of the supplies, equipment and materials YVCC shall assume no responsibility for the reimbursement, replacement thereof, or costs and expenses incident thereto. D. ASSIGNMENT: This agreement may not be assigned without prior written consent of YVCC. E. SUSPENSION: Without affecting any rights of cancellation or termination set forth in this agreement, either party may suspend this agreement at any time because of labor dispute or disruption of its personnel, war, the declaration of state of national emergency, acts of God or the public enemy, or any other compelling cause by giving the other party prior written notice of such suspension and the reason for same. Such written notice must be given at least five (5)days prior to proposed date of suspension. Payments to be made and services to be rendered hereunder shall be made and rendered to the date of such suspension and shall thenceforth cease until the period of such suspension has ended. F. TERMINATION: 1. Termination of Agreement for Cause: If, through any cause, the independent contractor(s) shall fail to fulfill in a timely and proper manner, its obligation under the agreement, or if the City of Yakima shall violate any of the covenants, agreements, assurances or stipulations of the agreement, YVCC shall have the right to terminate this agreement by giving written notice to the independent contractor(s) at the address first noted herein, of such termination and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. 2. Termination of Agreement for Convenience: Either party may terminate this agreement by giving written notice to the other party at the address first noted herein of such termination and specifying the effective date thereof, at least sixty (60) days before the effective date of such termination. G. RELATIONSHIP OF THE PARTIES: This agreement is not intended to and shall not create a relationship such as partnership, franchise, community of interest, joint venture, agency, or employment relationship. Neither party may act in a manner, which expresses or implies a relationship other than that of independent contractor nor bind the other party. Updated 2/8102 Page 3 of 3