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HomeMy WebLinkAbout2008-151 IGA - Surplus Mesh Communications Equip INTERGOVERNMANTAL AGREEMENT (IGA) FOR SURPLUS MESH COMMUNICATIONS EQUIPMENT This Intergovernmental Agreement ("Agreement") is made by and between the City of Medford ("MEDFORD") and the City of Ashland ("ASHLAND") for the purpose of setting forth the terms and conditions for the disposal by Medford and the acceptance by Ashland of surplus property. STATUTORY AUTHORITY In accordance with and pursuant to the provisions ofORS 190.110 and ORS 279A.185 and Medford Code 2.619, MEDFORD is authorized to enter into intergovernmental agreements with state agencies, local governments, and special government bodies for the acquisition, distribution, utilization, disposal, or sale of surplus property in accordance with state and federal laws. MEDFORD and ASHLAND wish to enter into this Agreement for the disposal of surplus property owned by MEDFORD. MEDFORD and ASHLAND agree that any transaction with respect to the disposal of the surplus property provided hereunder shall be governed by this Agreement. By acceptance of this Agreement, ASHLAND certifies that it meets the above criteria for eligibility for such cooperation with the MEDFORD. RECITALS WHEREAS, MEDFORD possesses surplus mesh communications equipment; and WHEREAS, ASHLAND desires surplus mesh communications equipment; and WHEREAS, MEDFORD and ASHLAND will mutually benefit from this IGA; and WHEREAS, the transfer of the surplus mesh equipment is clearly in the public interest; NOW, THEREFORE, in consideration for the mutual covenants contained herein the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: DUTIES AND RESPONSIBILITIES 1. MEDFORD will transfer surplus mesh communications equipment "as is," without warranty and at no charge to ASHLAND. 2. MEDFORD will provide ASHLAND with a map showing the location of surplus equipment and MEDFORD will provide ASHLAND with one day of instruction on how to remove surplus equipment. Page 1 3. ASHLAND will furnish duly qualified individuals to remove and inventory surplus equipment and complete the removal and inventory of surplus equipment by June 30, 2009. 4. ASHLAND will deliver surplus equipment inventory containing model number and MAC address to MEDFORD by June 30, 2009. 5. ASHLAND will repair any damage incurred to MEDFORD's property as a result of ASHLAND's removal of surplus equipment. 6. ASHLAND will assume responsibility for insurance and maintenance of surplus equipment received as a result of this IGA 7. For and in consideration of MEDFORD's transfer of the surplus mesh communications equipment to ASHLAND, ASHLAND agrees to hold MEDFORD harmless from any claim, liability, damages, or obligation arising from ASHLAND's collection, operation, maintenance, and disposal of surplus mesh communications equipment, and indemnify MEDFORD for the amount of any obligation it may incur on account thereof or arising therefrom. 8. This writing is intended both as the final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. IN WITNESS WHEREOF the parties hereby entered into this Agreement. Each party by signature below of its authorized representative hereby acknowledges that it has read this Agreement understands it and agrees to be bound by its terms and conditions. Each person signing this Agreement represents and warrants having authority to execute this Agreement CITY OF MEDFORD CITY OF ASHLAND fFrlJ I l./ C:) Page 2