Loading...
HomeMy WebLinkAboutR-1995-033 City of Union GapRESOLUTION NO. R-95- 33 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a communications equipment repair and maintenance 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 service; and WHEREAS, the City of Union Gap does not have the necessary personnel and expertise to provide said regular repair and maintenance service; and WHEREAS, the City of Yakima possesses the necessary equipment, personnel, and expertise to provide said regular repair and maintenance service; and WHEREAS, the Cities of Union Gap and Yakima have previously executed agreements wherein Yakima provided said regular repair and maintenance services, which agreements are no longer in effect; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into a communications equipment repair and maintenance agreement with 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 City Clerk are hereby authorized and directed to executed the attached and incorporated agreement entitled "Interlocal Agreement for Repair and Maintenance of Communications Equipment Between City of Union Gap and City of Yakima." ADOPTED BY THE CITY COUNCIL this 28thday of February , 1995, ATTEST: p ,� City Clerk (is)res/UGcomunictn.pm Mayor AFTER RECORDING RETURN TO: CITY OF YAI1IA 129 NORTH 2ND STREET YAKIMA, WA 98901 INTERLOCAL AGREEMENT FOR REPAIR AND MAINTENANCE OF COMMUNICATIONS EQUIPMENT BETWEEN CITY OF UNION GAP AND CITY OF YAKIMA PARTIES: City of Union Gap City of Yakima 102 West Ahtanum Road 129 North 2nd Street P.O. Box 3008 Yakima, WA 98901 Union Gap, WA 98903-0008 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; NOW, THEREFORE, pursuant to RCW 39.34, the parties agree as set forth herein: 1. The City of Yakima agrees to repair and maintain the communications 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 equipment 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 Fifty Dollars ($450.00) within thirty (30) days of execution of this Agreement and three (3) payments of Four Hundred Fifty Dollars Page 1 of 3 (is)agr/UGcomunictn pm ($450.00), each payment due on or before April 1, 1995, July 1, 1995, and October 1, 1995 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 equipment 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. The effective date of this Agreement will be January 1, 1995. The tei iiiination date of this Agreement will be December 31, 1996. This Agreement may be tei minated by either party, without cause, by giving written notice to the other party at least sixty (60) days in advance of the intended date of termination. 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 harmless 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 supplied 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 Page 2 of 3 (1s)agr/UGcomunictn.pm agreed-upon services due to 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 supplied 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 the event of a dispute, venue shall be Yakima County, Washington. 9. Each party shall approve this Agreement by resolution, ordinance 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 DC day of fill , 1995. CITY OF YAKIMA Bv: A. Zai , Jr., City lj/Ianager ATTEST: 6a. City Clerk :C.NT 'C nO. (2\s_a� Page 3 of 3 (is)agr/UGcomunictn.pm ATTEST: 4646..6X_ / City Clerk EXHIBIT "A" TO INTERLOCAL AGREEMENT FOR REPAIR AND MAINTENANCE OF COMMUNICATIONS EQUIPMENT BETWEEN CITY OF UNION GAP AND CITY OF YAKIMA The following equipment is the subject of this Agreement: QUANTITY DESCRIPTION ITEM 1 C.E. Phocnix Basc Motorola Radius AM300 Base 2 Mocom 70 Mobiles 2 Pagers 5 MT500 2 MT500 w/scan 4 HT600 Portable 2 Spectra 9000 2 Maxtrac Mobile 2 Syntor X w/scan, siren, and wildcard 4 HT 1000 4 MDT Computer Systems (inc.: computer, radio, modem) *2 Syntor with Scan & Siren The following defects are known by the City of Union Gap and not covered by this Agreement: * These two radios are in vehicles #3 and #11. EXHIBIT "A"