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HomeMy WebLinkAboutR-1992-D6055 Repair and Maintenance• • RESOLUTION NO. D 60 5 5 A RESOLUTION authorizing the execution of an Interlocal Agree- ment for Repair and Maintenance of Communications Equipment Between the City of Union Gap and the City of Yakima. WHEREAS, the City of Union Gap owns certain communica- tions and electronic equipment and is in need of regular repair and maintenance service for such equipment; and WHEREAS, the City of Yakima has the ability to provide such repair and maintenance service and desires to provide such to Union Gap, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated Interlocal Agreement for Repair and Maintenance of Communications Equip- ment Between the City of Union Gap and the City of Yakima. ADOPTED BY THE CITY COUNCIL this �" day of,2,52lecQ -, 1992. ATTEST: City Clerk (res/uniongap.jw) (C0)9.6 34e.7.„4.4.6, Mayor After Recording Return to: City of Yakima 129 North 2nd Street Yakima, WA 98901 INTERLOCAL AGREEMENT FOR REPAIR AND MAINTENANCE OF COMMUNICATIONS EQUIPMENT BETWEEN CITY OF UNION GAP/CITY OF YAKIMA PARTIES: City of Union Gap 102 West Ahtanum Road P.O. Box 3008 Union Gap, WA 98903-0008 City of Yakima 129 North 2nd Street Yakima, WA 98901 WHEREAS, the City of Union Gap owns certain communications and electronics equipment (as identified in Exhibit "A" attached hereto and incorporated by reference) and is in need of regular repair and maintenance service for such equipment; and WHEREAS, the City of Yakima has the ability to provide such repair and maintenance service and desires to provide such to the City of Union Gap; THEREFORE, pursuant to RCW 39.34, the parties agree as set forth herein: 1. The City of Yakima agrees to repair and maintain the communi- cations and electronic equipment owned by the City of Union Gap identified on Exhibit "A" attached hereto and incorporated by reference. All repair and maintenance service will be done at the Yakima City Shops 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 equip- ment which has become defective through normal wear and usage, and providing all parts and labor required for preventative maintenance of the same; provided, that the City of Yakima shall not be required to install the equipment for the City of Union Gap. The City of Yakima shall not be required to repair those defects presently known to the City of Union Gap which are set forth on attached Exhibit "A", nor shall the City of Yakima be obligated to repair equipment damaged by accident or neglect. 2. (a) In consideration of such repair and maintenance service, the City of Union Gap shall pay to the City of Yakima the sum of One Thousand Eight Hundred Dollars ($1,800.00), to be paid as follows: Four Hundred and Fifty Dollars ($450.00) within thirty (30) days of execution of this agreement and three payments of Four Hundred and Fifty Dollars ($450.00), each Page 1 (agr/uniongap.jw) payment due on or before April 1, 1992, July 1, 1992, and October 1, 1992 respectively. All payments shall be made at the office of the Director of Finance and Budget, 129 North 2nd Street, Yakima, Washington 98901. (b) Provided, however, that when the total aggregate cost of parts required for any repair of any single item of equipment listed on Exhibit "A" exceeds Two Hundred Fifty Dollars ($250.00), all costs of parts for such repair shall be billed over and above the One Thousand Eight Hundred Dollar ($1,800.00) sum listed above. In the event that the total aggregate cost of parts required for any repair of any single item of equipment listed on Exhibit "A" exceeds Two Hundred Fifty Dollars ($250.00), the City of Yakima shall, immediately upon discovery of this contingency, cease all repair work on said item and shall notify the City of Union Gap in writing of the additional cost of repair. Upon being notified, the City of Union Gap shall have fourteen (14) days in which to elect not to proceed with the repair and to have the item of equip- ment returned, as provided in paragraph 4 hereof, to the City of Union Gap,. Such election not to proceed with repair shall be in writing and shall become effective upon receipt. In the event the City of Union Gap fails to make an election within fourteen (14) days, the City of Yakima shall proceed with the repair and the City of Union Gap shall be liable for the total cost of all parts. Cost of parts under this paragraph shall be paid within thirty (30) days after each billing. 3. This Agreement shall continue in force and effect for one (1) year from the execution of this agreement unless either party gives thirty (30) days written notice of termination to the other party. Upon early termination, the City of Yakima shall be entitled to and shall retain all payments made or then due under paragraph 2(a) above. 4. The City of Union Gap shall notify the City of Yakima upon its discovery of failure of any listed equipment, or when such equipment is determined by the City of Union Gap to need maintenance work. The City of Union Gap shall transport the equipment to and from Yakima City Shops. The City of Yakima shall service and return the equipment as required by this Agreement within a reasonable time, but shall perform service upon the City of Union Gap's equipment on a priority basis. 5. The City of Union Gap shall defend, indemnify, and hold harm- less the City of Yakima, its officers, agents, volunteers, employees, or assigns from any and all future litigation or claim of a third party that may arise in connection with defects in the construction or workmanship of any parts sup- plied by the City of Yakima; or which may arise in connection with any delays or loss if due to any cause beyond the City of 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 Page 2 (agr/uniongap.jw) a court ruling or other legal action adverse to the City of Yakima or this agreement. Moreover, the City of Union Gap hereby waives, and promises not to make, any claim or initiate any lawsuit against the City of Yakima based upon any claim, loss or injury to the City of Union Gap, its officers, agents, officials, employees, volunteers, or assigns that may arise in connection with defects in the construction or workmanship of any parts sup- plied by the City of Yakima; or which may arise in connection with any delays or loss if due to any cause beyond the City of 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 the City of Yakima or this agreement. 6. The parties may amend this Agreement in writing signed by both parties without additional consideration being necessary. 7. A copy of this Agreement shall be filed with the City Clerks of the Cities of Yakima and Union Gap, and filed with the Yakima County Auditor and Secretary of Washington State. 8. In event of dispute, venue shall be Yakima County, Washing- ton. 9. Each party shall approve this Agreement by resolution, ordi- nance or otherwise pursuant to the laws of the governing body of each party. The attested signatures of the Mayor and City Manager below shall constitute a presumption that such approval was properly obtained. DATED this /4 day of 6-4-15-1,ktat3 , 199. CITY OF YAKIMA BY:,t r ATTEST: Lt)te.e-u2n1-2..) Page 3 (agr/uniongap.jw) BY: City Manager ATTEST: City Clerk C.Ciilf:a" PIO. EXHIBIT "A" TO INTERLOCAL AGREEMENT FOR REPAIR AND MAINTENANCE OF COMMUNICATIONS EQUIPMENT BETWEEN CITY OF UNION GAP/CITY OF YAKIMA The following equipment is the subject of this Agreement: QUANTITY DESCRIPTION ITEM 1 G.E. Phoenix Base 1 3 2 5 4 2 Mocom 70 Mobiles Pagers MT500 MT500 w/scan HT600 Portable Spectra 9000 Maxtrac Mobile Syntor X w/scan, siren and wildcard The following defects are known by the City of Union Gap and not covered by this Agreement: I have examined the equipment and can find no d- -c s. Personnel using the equipment report knowing of no defects. - ©i EXHIBIT "A"