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HomeMy WebLinkAbout1823Resolution No. 1823 (Amending or Repealing Resolutions) CFN = 1155 -Information Technology Passed -3/2/10 Sharing of Fiber Optic Installation Pro)ects The date ["Beg1nmng July 1, 1998"] has led to confus1on Th1s date Will be deleted from cover sheets o1 ord1nance/resolut1on rev1s1on pages Th1s cover sheet w1ll be deleted on electronic pages only, no other deletions or changes have been made to the document-6/21/2012 ' ( 1 ----------- RESOLUTION NO. / 8' d.3 A RESOLUTION of the City Council of the City of Kent, Washington, authonzmg the Mayor to enter mto an agreement with other Washington municipalities for the sharing of fiber opt1c installation projects. RECITALS A. The Cities of Bellevue, Kirkland, Renton and Seattle; the Lake Washington, Renton, and Bellevue School D1stncts; the University of Washmgton; Bellevue Community College; and Evergreen Hospital entered mto an Interlocal Agreement for the sharing of Fiber Opt1c Installation ProJects. Other e1t1es, including the City of Auburn, the City of Federal Way, and the City of Puyallup, have adopted resolutions to participate in planned and future fiber opt1c projects under the same general terms and cond1t1ons prov1ded for under an interlocal agreement entered mto by the foundmg mun1c1palities. B. The City of Kent would also like to have the option to participate in planned and future fiber opt1c projects under those same General Terms and Conditions, and adopts this resolution authorizing the Mayor to take all action necessary to participate m planned and future fiber opt1c projects in accordance w1th the general terms and conditions of the founding interlocal agreement. 1 Sharing of Fiber Optic Installation Projects NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. -Mayor Authorized. The Mayor of the City of Kent is authonzed by this resolut1on to execute an agreement, wh1ch will take the form of an Addendum to the "General Terms and Conditions for Shanng of Fiber Optic Installation Projects" between the City of Kent and Cit1es of Bellevue, Kirkland, Renton, Seattle, Auburn, Federal Way and Puyallup; the Lake Washington, Renton and Bellevue School Distncts; the University of Washington; Bellevue Community College; and Evergreen Hosp1tal, which agreement shall be in substantial conformity w1th the agreement attached and mcorporated as Exhibit A. The Mayor is further authorized to implement any administrative procedures and take all other acts necessary to carry out the d1rect1ves of this leg1slat1on; however, this authorization is not intended to allow the Mayor to expend funds to carry out the directives of this legislation except through approved state and local b1d and procurement processes. SECTION 2. -Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolut1on is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3. -Ratification. Any act consistent with the authority and prior to the effective date of th1s resolution is hereby ratif1ed and aff1rmed. SECTION 4. -Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code rev1ser are authorized to make necessary corrections to this resolution, including the correct1on of clencal errors; references to other local, state or federal laws, 2 Sharing of Fiber Optic Installation Projects codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 5. -Effective Date. This resolutiOn shall take effect and be in force immediately upon its passage. PASSED at a regular open p~c meeting by the City Council of the City of Kent, Washmgton, this /)/' day of March, 2010. J-. CONCURRED in by the Mayor of the City of Kent this c2. day of March, 2010. ATTEST: APPROVED AS TO FORM: ~ ~~ORNEYd flei1tt'e F-riCPifi'ltH-~ ,~?JJr'rC-Jr( ~ _. ------~:. _.-v '~--.. "" ...... .:. ..:.._ ---.. - ........... _,. .................. --~' : I hereby cert1fy that this is a true and correct copy of Resolution No. ~passed by the City Council of the City of Kent, Washington, the .-l day of March, 2010. P \Civii\Resolutlon\Sharlngfthero..u:lf~~~gs-\1~~-e)CitlesResolutlon doc 3 Sharing of Fiber Optic Installation Projects EXHIBIT A Addendum to General Terms and Conditions for Sharing F1ber Opt1c Installation Projects .~ ............,KENT ADDENDUM TO GENERAL TERMS AND CONDITIONS For Sharing Fiber Optic Installation Projects THIS ADDENDUM rs made and entered into on the dates signed below by and among various Participating Agencies and the City of Kent as an addendum to the General Terms and Conditrons for Sharing of Fiber Optrc Installation Projects between the parties for executed on the day of _______ , 2010, and most recently amended on _____ _ I. RECITALS 1.1 The Cities of Bellevue, Kirkland, Renton, Seattle, Auburn, and Puyallup; the Lake Washmgton, Renton and Bellevue School Drstncts; the University of Washmgton; Bellevue Community College; and Evergreen Hospital ("Participatmg Agencies") have entered into the General Terms and Conditions for Shanng of Fiber Optic Installatron ProJects. 1.2 The Participatrng Agencies and the City of Kent desire to amend the General Terms and Conditrons to add the Crty of Kent as a Partrcrpatmg Agency. NOW THEREFORE in consideration of their mutual covenants, condrtions and promises, the Parties agree as follows: II. AGREEMENT 2.1 As provided for in Section IX, paragraph N, the City of Kent, upon signing this Addendum, shall become a Partrcrpating Agency under the General Terms and Condrtrons for Sharing of Frber Optic Installation ProJects. 2.2 The City of Kent acknowledge that it has received the General Terms and Conditrons, rncludrng Addenda Numbers I through ____ , and agree to be bound by the same. ADDENDUM TO GENERAL TERMS AND CONDITIONS FOR SHARING FIBER OPTIC INSTALLATION PROJECTS - 1 2.3 All other provisions of the General Terms and Conditions shall remain in full force and effect. 2.4 This Addendum may be executed in any number of counterparts, each of which shall const1tute an original, and all of which Will together constitute this one Addendum. 2.5 E1ther party may execute and deliver this Addendum by telephone facsimile or by ema1lmg a PDF version of the original s1gnature page, and that signature shall have the same force and effect as if executed m original. IN WITNESS WHEREOF the parties hereto have executed this Addendum as of the dates. CITY OF KIRKLAND Approved as to Form: Dav1d Ramsay, City Manager Date City Attorney CITY OF BELLEVUE Approved as to Form: City Attorney Steve Sarkozy, City Manager Date CITY OF RENTON Approved as to Form: Denis Law, Mayor Date City Attorney CITY OF PUYALLUP Approved as to Form: Date City Attorney CITY OF AUBURN Approved as to Form: Date City Attorney ADDENDUM TO GENERAL TERMS AND CONDITIONS FOR SHARING FIBER OPTIC INSTALLATION PROJECTS-2 UNIVERSITY OF WASHINGTON Approved as to Form: Date Ass1stant Attorney General BELLEVUE COMMUNITY COLLEGE Approved as to Form: Date Assistant Attorney General LAKE WASHINGTON SCHOOL DISTRICT Date RENTON SCHOOL DISTRICT Date BELLEVUE SCHOOL DISTRICT Date EVERGREEN HOSPITAL Date CITY OF KENT Suzette Cooke, Mayor Date ~--~ P \Civil\FIIes\Openflles\1404-Reg1onal F1ber0pt1c ProJect\Addendum-GeniTermsCondltlons doc ADDENDUM TO GENERAL TERMS AND CONDITIONS FOR SHARING FIBER OPTIC INSTALLATION PROJECTS-3