HomeMy WebLinkAboutSelah, City of - Communications Equipment Repair and Maintenance Services 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, Washington, a
municipal corporation (hereinafter "City "), and CITY OF SELAH, Washington, a
Washington municipal corporation (hereinafter the "User Agency "). The purpose
of this Agreement is to define the scope of services contracted by the User Agency
from the City, set forth the compensation to be paid by the User Agency for such
services, and enumerate other related provisions that contribute to the mutual
benefit of the parties to this Agreement.
WITNESSETH
WHEREAS, the User Agency owns certain communications and electronics
equipment that requires regular repair and maintenance service; and
WHEREAS, the City of Yakima possesses the necessary resources to
provide the Equipment Repair and Maintenance Services to the extent described in
this Agreement and is willing to do so according to the terms and conditions
contained herein;
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 the User Agency as follows:
1. SCOPE OF SERVICES
Yakima agrees to repair and maintain the communications and electronics
equipment owned by the User Agency as identified on a mutually agreed
upon equipment list 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.
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2. EXCLUDED SERVICES
The following is a list of items not covered under the terms of this
agreement:
• Parts costs that exceed Fifty dollars ($50.00) on any one occurrence
with one unit.
• Installation of any equipment.
• Batteries for portable radios.
• Reprogramming of radio except as part of repair and maintenance.
3. CHARGES AND BILLING
(a) In consideration of the repair and maintenance services provided
hereunder by Yakima during calendar year 2008, User Agency shall
pay Yakima a "basic annual rate" of the following on a per unit basis:
Mobile Unit: $80.00
Portable $30.00
Base station $110.00
For purposes of this agreement a mobile unit will consist of; mobile
radio and accessories, siren, emergency lights, video system, but
specifically exclude mobile data equipment covered under the
Information System Services Agreement.
(b) Yakima shall maintain a list of equipment covered under this
agreement. It shall be the User Agency's responsibility to update that
list as changes occur to have the equipment subject to these terms and
conditions.
(c) In consideration of the repair and maintenance services provided
hereunder by Yakima for each subsequent calendar year, User
Agency shall pay Yakima the amount of the previous year's per unit
basic rate plus a four percent (4.0 %) inflation factor.
(d) The User Agency may request additional services beyond those
described in this Agreement. In such event, the City Manager (or his
designee) is authorized to negotiate a mutually agreeable sum for
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such additional services. A description of the additional services and
consideration shall be reduced to writing in a document signed by the
parties. This document shall be made an addendum to this
Agreement.
(e) The City shall invoice the User Agency at the beginning of the
calendar year for that year's services. The User Agency will pay the
full amount of the City's invoice within thirty (30) days of receipt. In
the event that either party terminates this Agreement under Section
5(b), the City shall be compensated on a pro -rata basis for all services
provided to the User Agency under this Agreement up to the effective
termination date.
(f) All payments due under this Agreement shall be made and delivered
by the User Agency to the Office of the Director of Finance and
Budget, 129 North Second Street, Yakima, Washington 98901.
4. NOTIFICATION OF NEED FOR REPAIR/MAINTENANCE
The User Agency shall notify Yakima upon its discovery of failure of any
listed equipment, or when such equipment is determined by the User
Agency to need maintenance work. The User Agency 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.
5. EFFECTIVE DATE AND TERM OF AGREEMENT
(a) The effective date of this Agreement will be January 1, 2008. This
Agreement shall continue in duration until terminated by either party
in accordance with Section 5(b) of this Agreement.
(b) This Agreement may be terminated by either party, with or without
cause, by giving written notice to the other party at least thirty (30)
days in advance of the intended date of termination.
6. LIABILITY OF THE CITY OF YAKIMA
The City of Yakima shall not be liable to the User Agency, its elected
officials, officers, employees, and agents for failure to provide, or delays in
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providing, services herein, if due to any cause beyond the City of Yakima's
control, such as, but not limited to, power outage, fire, water, energy
shortages, failure of its communications or computer hardware or operating
system, natural disaster, or inability to provide or continue to provide the
agreed upon services due to a court ruling or other legal action adverse to
the City of Yakima or this Agreement.
7. INDEMNIFICATION/PROMISE NOT TO SUE
(a) The User Agency agrees to hold harmless, indemnify, protect, and
defend the City, its elected officials, officers, employees, and agents
from and against any and all claims, demands, losses, liens, liabilities,
penalties, fines, lawsuits, and other proceedings and all judgments,
awards, costs and expenses (including attorneys' fees and
disbursements) that result from or arise out of the sole negligence or
intentionally wrongful acts or omissions of the User Agency, its
elected officials, officers, employees, and agents in connection with
or incidental to the performance or non - performance of this
Agreement.
(b) In the event that the officials, officers, agents, and /or employees of
both the City and the User Agency are negligent, each party shall be
liable for its contributory share of negligence for any resulting suits,
actions, claims, liability, damages, judgments, costs and expenses
(including reasonable attorney's fees).
(c) Nothing contained in this Section or this Agreement shall be
construed to create a liability or right of indemnification in any third
party.
8. TERMS TO BE EXCLUSIVE
The entire agreement between the parties with respect to the subject matter
hereunder is contained in this Agreement. In the event the User Agency
issues a purchase order, memorandum, specifications, or other instrument
covering the services herein provided, such purchase order, memorandum,
specifications, or instrument is for the User Agency's internal purposes
only and any and all items and conditions contained therein, whether
printed or written, shall be of no force or effect. Except as herein expressly
provided to the contrary, the provisions of this Agreement are for the
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benefit of the parties hereto solely and not for the benefit of any other
person, persons, or legal entities.
9. REPRESENTATIONS & WARRANTIES
a The User Agency acknowledges that it has not been induced to enter
into this Agreement by any representation or statements, oral or
written, not expressly contained herein or expressly incorporated by
reference.
b The City of Yakima makes no representations, warranties, or
guaranties express or implied, other than the express representations,
warranties, and guaranties contained in this Agreement.
10. WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN
WRITING
No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by duly authorized
representatives of the City of Yakima and the User Agency.
11. ASSIGNMENT
This Agreement may not be assigned by either party hereto without the prior
written consent of the other party.
12. TIME IS OF THE ESSENCE
Time and the punctual performance of each and all of the terms, provisions,
and conditions of this Agreement are of the essence.
13. NON - WAIVER
The waiver by the User Agency or the City of the breach of any provision of
this Agreement by the other party shall not operate or be construed as a
waiver of any subsequent breach by either party or prevent either party
thereafter enforcing any such provision.
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14. SURVIVAL
Any provision of this Agreement that imposes an obligation after
termination or expiration of this Agreement shall survive the term or
expiration of this agreement and shall be binding on the parties to this
Agreement.
15. WRITTEN NOTICE
All notices required by or sent under this Agreement shall be in writing,
shall be delivered personally to the recipient, or sent by means of certified
mail with full postage prepaid, return receipt requested. Any written notice
hereunder shall become effective as of the date of when mailed or
personally delivered. Notices to the City of Yakima shall be delivered to
the Yakima Communications Manager at 200 South 3rd Street, Yakima,
Washington 98901 and notices to the User Agency shall be delivered to City
of Selah, Police Chief, 617 S. 1S St., Selah, WA 98942.
16. SEVERABILITY
a If a court of competent jurisdiction holds any part, term or
provision of this Agreement to be illegal, or invalid in whole or
in part, the validity of the remaining provisions shall not be
affected, and the parties' rights and obligations shall be
construed and enforced as if the Agreement did not contain the
particular provision held to be invalid.
b If any provision of this Agreement is in direct conflict with any
statutory provision of the State of Washington, that provision
which may conflict shall be deemed inoperative and null and
void insofar as it may conflict, and shall be deemed modified to
conform to such statutory provision.
17. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the
laws of the State of Washington.
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18. VENUE
The venue for any action to enforce or interpret this Agreement shall lie in
the Superior Court of Washington for Yakima County, Washington.
19. AUTHORITY
The person executing this Agreement on behalf of the User Agency
represents and warrants that he or she has been fully authorized by the
governing body of the User Agency to execute this Agreement on its behalf
and to legally bind the User Agency to all the terms, performances and
provisions of this Agreement.
20. RECORDING OF AGREEMENT
A copy of this Agreement shall be recorded with the Yakima County
Auditor.
CITY OF YAKIMA CITY OF SELAH
R. A. Zais, Jr-.; Manager Robert L. Jotes
Date: 4//6/ )c Title: Mayor
Date: April 8, 2008
ATTEST: ATTEST:
/sit) Orly - Q - � I
City Clerk City Clerk
Contract No. A/>D - L V Contract No.
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EQUIPMENT LIST FOR 2008
Mobiles $80.00 16 $1,280.00
Portables $30.00 25 $750.00
Base
Station $110.00 1 $110.00
$2,140.00
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PUBLIC SAFETY
Yakima Public Safety Communications Center
200 South Third Street
YA Yakima, WA 98901
�t April11, 2008
11 COMMUNICATIONS
MEMORANDUM
TO: Dick Zais, City Manager
Debbie Moore, City Clerk
FROM: Wayne Wantland, Communications Manager
SUBJECT: Agreements
Enclosed you will find two agreements. The first is with Washington
Broadband for a sublease on our Look Out Point radio site and the second
is with the City of Selah for providing Communication and Electronic
Services to their police dept.
You may note that the Washington Broadband agreement is dated a few
years back and has been in use since then, {not sure how it got filed
without your signature).
The Selah agreement is for our Electronics shop to provide radio repair and
maintenance on their equipment in the police department.
Given the small dollar amount of these agreements I don't think we have to
go before Council, if I am wrong let me know and i will prepare the
supporting documents.
Thank You
Business Office (509) 575-6048 FAX (509) 576-6555