HomeMy WebLinkAbout4942 RESOLUTION NO. 4 9 4 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
AUBURN AND THE CITY OF ALGONA FOR
INFORMATION SERVICES TECHNOLOGY
WHEREAS, RCW 39.34 authorizes public agencies to enter into
interlocal agreements; and
WHEREAS, the City of Algona has the need for professional information
technology services; and
WHEREAS, the City of Auburn is able and willing to provide those services, at a
cost that is acceptable to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are
hereby authorized to execute an Interlocal Agreement between the City of Auburn and
the City of Algona for Information Technology Services in substantial conformity with
the Agreement attached hereto as Exhibit "A" and incorporated herein by this
reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3. This Resolution shall be in full force and effect upon passage
and signatures hereon.
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Resolution No. 4942
April 22, 2013
Page 1 of 2
Dated and Signed this day of -G1J , 2013.
ITY OF AUBU
PET R B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP TO FO
n
Daniel B. Heid, City Attor y
Resolution No.4942
April 22, 2013
Page 2 of 2
CITY OF AUBURN —CITY OF ALGONA
INTERLOCAL AGREEMENT FOR
INFORMATION TECHNOLOGY SERVICES
THIS INTERLOCAL AGREEMENT made and entered into, pursuant to the Oterlocal
Coo eration Act, Chapter 39.34 of the Revised Code of Washington, on the Y'r day of
4�4� , 2013, by and between the CITY OF AUBURN, a municipal
cor ration of the State of Washington (hereinafter referred to as "Auburn"), and the CITY
OF ALGONA, a municipal corporation of the State of Washington (hereinafter referred to
as "Algona"),
WITNESSETH :
WHEREAS, Algona seeks professional information technology ("IT") services; and
WHEREAS, Auburn has the requisite skills, resources and experience necessary to
provide such services and is willing and agreeable to provide such services upon the
terms and conditions herein contained.
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,
the parties hereto do hereby agree as follows:
1. SCOPE OF SERVICES
Auburn agrees to perform for Algona, in a good and professional manner the tasks
described on Exhibit B which is attached hereto and by this reference made a part of
this Agreement. (The tasks described on Exhibit B shall be individually referred to as a
"task," and collectively referred to as the "services.") Auburn shall perform the services
as an independent contractor and shall not be deemed, by virtue of this Agreement and
the performance thereof, to have entered into any partnership, joint venture,
employment or other relationship with Algona. Auburn shall perform the services
described in Exhibit B which is attached hereto and by this reference made a part of
this Agreement.
2. AMENDMENT REQUIRED FOR ADDITIONAL SERVICES
In the event additional IT services are required by Algona beyond those specified in
Exhibit B and the compensation listed in this Agreement, and further provided that
Auburn has the time and resources to provide such additional services and is willing to
provide such services, a contract amendment shall be set forth in writing and shall be
executed by the respective parties prior to Auburn's performance of the additional IT
services, except as may be provided to the contrary in Section 3 of this Agreement.
Upon proper completion and execution of an Amendment for additional services, such
Amendment shall be incorporated into this Agreement and shall have the same force
INTERLOCAL AGREEMENT
April 16, 2013
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and effect as if the terms of such Amendment were a part of this Agreement as
originally executed. The performance of services pursuant to an Amendment shall be
subject to the terms and conditions of this Agreement except where the Amendment
provides to the contrary, in which case the terms and conditions of any such
Amendment shall control. In all other respects, any Amendment shall supplement and
be construed in accordance with the terms and conditions of this Agreement.
3. PERFORMANCE OF ADDITIONAL SERVICES PRIOR TO EXECUTION OF AN
AMENDMENT
The parties hereby agree that situations may arise in which IT services other than those
described on Exhibit A are desired by Algona and the time period for the completion of
such services makes the execution of Amendment impractical prior to the
commencement of Auburn's performance of the requested services. Auburn hereby
agrees that it shall perform such services upon the request of an authorized
representative of Algona at a rate of compensation to be mutually negotiated in
connection therewith. Any such additional IT services shall be memorialized in a written
amendment in accordance with Section 2 of this Agreement. The invoice procedure for
any such additional services shall be as described in Section 6 of this Agreement.
4. ALGONA'S RESPONSIBILITIES
Algona shall do the following in a timely manner so as not to delay the services of
Auburn:
a. Designate in writing a person to act as Algona's representative with
respect to the services described in Exhibit B. Algona's designee shall have
complete authority to transmit instructions, receive information, interpret and
define Algona's policies and decisions with respect to the services, except in the
event of an emergency as described in Exhibit B.
b. Furnish Auburn with all information, criteria, objectives, schedules and
standards for the services provided for herein.
C. Arrange for access to the property or facilities as required for Auburn to
perform the services provided for herein.
d. Examine and evaluate all studies, reports, memoranda, plans, sketches,
and other documents prepared by Auburn and render decisions regarding such
documents in a timely manner to prevent delay of the services.
5. ACCEPTABLE STANDARDS
Auburn shall be responsible to provide, in connection with the services
contemplated in this Agreement, work products and services of a quality and
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April 16, 2013
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professional standard acceptable to Algona.
6. COMPENSATION
Compensation for Auburn's performance of the services provided for herein are
attached hereto as Exhibit C and by this referenced made a part of this
Agreement. Monthly rate shall be increased to $525.00 per month based on
2012 help desk requests, not to exceed 125 help desk tickets annually. Annual
sum shall be increased January 1, 2014 with advance notice given to Algona,
and each January 1 thereafter, by an amount equal to 5% or the most recent
Seattle-Tacoma-Bremerton Consumer Price Index - U whichever is greater for
the term of this Agreement.
Auburn shall submit to Algona a monthly invoice and Algona shall process the
invoice or statement in the next billing/claim cycle following receipt of the invoice
or statement, and shall remit payment to Auburn thereafter in the normal course,
subject to any conditions or provisions in this Agreement or Amendment.
7. TIME FOR PERFORMANCE AND TERM OF AGREEMENT
Auburn shall perform the services provided for herein in accordance with the
direction and scheduling provided in Exhibit B, unless otherwise agreed to in
writing by the parties. The term of this Agreement shall be in effect for three (3)
years beginning January 1, 2013 through December 31, 2016 and may be
extended thereafter by written agreement of the Parties not later than 60 days
prior to term end. It is provided, however, that either party may cancel this
Agreement upon sixty (60) days written notice to the other party consistent with
Paragraphs 11 and 12 of this Agreement.
8. OWNERSHIP AND USE OF DOCUMENTS
All documents, reports, memoranda, diagrams, sketches, plans, design
calculations, working drawings and any other materials created or otherwise
prepared by Auburn as part of its performance of this Agreement (the "Work
Products") shall be owned by and become the property of Algona, and may be
used by Algona for any purpose beneficial to Algona. Public records requests
shall be the responsibility of Algona; however, Auburn may assist at Algona's
request at hourly rates provided under Exhibit C for onsite support.
9. RECORDS INSPECTION AND AUDIT
All compensation payments shall be subject to the adjustments for any amounts
found upon audit or otherwise to have been improperly invoiced, and all records
and books of accounts pertaining to any work performed under this Agreement
shall be subject to inspection and audit by Algona for a period of up to three (3)
INTERLOCAL AGREEMENT
April 16, 2013
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years from the final payment for work performed under this Agreement.
10. CONTINUATION OF PERFORMANCE
In the event that any dispute or conflict arises between the parties while this
Contract is in effect, Auburn agrees that, notwithstanding such dispute or
conflict, Auburn shall continue to make a good faith effort to cooperate and
continue work toward successful completion of assigned duties and
responsibilities. Provided that, if Algona fails to pay for the services provided by
Auburn, Auburn can cease providing such services until payment is made.
11. ADMINISTRATION OF AGREEMENT
This Agreement shall be administered by Ron Tiedeman, Innovation and
Technology Director or designee on behalf of Auburn, and by Diana Quinn, City
Administrator or designee on behalf of Algona. Any written notices required by
the terms of this Agreement shall be served on or mailed to the following
addresses:
CITY OF AUBURN CITY OF ALGONA
Innovation & Technology City Administration
Ron Tiedeman Diana Quinn
25 W Main St 402 Warde St.
Auburn, WA 98001-4998 Algona, WA 98001
Phone: 253-288-3160 Phone: 253-833-2897
Fax: 253-804-3116 Fax: 253-939-3366
E-mail: rtiedeman @auburnwa.gov E-mail: dianag(D_algonawa.gov
12. NOTICES
All notices or communications permitted or required to be given under this
Agreement shall be in writing and shall be deemed to have been duly given if
delivered in person or deposited in the United States mail, postage prepaid, for
mailing by certified mail, return receipt requested, and addressed, if to a party of
this Agreement, to the address for the party set forth above.
Either party may change his, her or its address by giving notice in writing, stating
his, her or its new address, to the other party, pursuant to the procedure set forth
above.
13. INSURANCE
Algona shall maintain in full force throughout the duration of this Agreement
comprehensive general liability insurance with a minimum coverage of
$1,000,000.00 per occurrence/aggregate for personal injury and property
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April 16, 2013
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damage. This requirement shall be deemed satisfied by evidence of Algona's
membership in a municipal self-insurance pool, including evidence of limits of
coverage's, exclusions and limits of liability satisfactory to Auburn.
Auburn shall maintain in full force throughout the duration of this Agreement
comprehensive general liability insurance with a minimum coverage of
$1,000,000.00 per occurrence/aggregate for personal injury and property
damage. This requirement shall be deemed satisfied by evidence of Auburn's
membership in a municipal self-insurance pool, including evidence of limits of
coverage's, exclusions and limits of liability satisfactory to Algona.
14. INDEMNIFICATION
a. Algona shall indemnify and hold Auburn and its agents, employees, and/or
officers, harmless from and shall process and defend at its own expense any and
all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or
costs, of whatsoever kind or nature, brought against Auburn arising out of, in
connection with, or incident to the execution of this Agreement and/or Algona's
performance or failure to perform any aspect of this Agreement; provided,
however, that if such claims are caused by or result from the concurrent
negligence of Auburn, its agents, employees, and/or officers, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of
Algona; and provided further, that nothing herein shall require Algona to hold
harmless or defend Auburn, its agents, employees and/or officers from any claims
arising from the sole negligence of Auburn, its agents, employees, and/or officers.
No liability shall attach to Auburn by reason of entering into this Agreement except
as expressly provided herein.
b. Auburn shall indemnify and hold Algona and its agents, employees, and/or
officers, harmless from and shall process and defend at its own expense any and
all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or
costs, of whatsoever kind or nature, brought against Algona arising out of, in
connection with, or incident to the execution of this Agreement and/or Auburn's
performance or failure to perform any aspect of this Agreement; provided,
however, that if such claims are caused by or result from the concurrent
negligence of Algona, its agents, employees, and/or officers, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of
Auburn; and provided further, that nothing herein shall require Auburn to hold
harmless or defend Algona, its agents, employees and/or officers from any claims
arising from the sole negligence of Algona, its agents, employees, and/or officers.
No liability shall attach to Algona by reason of entering into this Agreement except
as expressly provided herein.
15. WAIVER OF SUBROGATION
INTERLOCAL AGREEMENT
April 16, 2013
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Algona and Auburn hereby mutually release each other from liability and waive all right of
recovery against each other for any loss caused by fire or other perils which can be
insured against under fire insurance contracts including any extended coverage
endorsements thereto which are customarily available from time to time in the State of
Washington, provided, that this paragraph shall be inapplicable to the extent that it would
have the effect of invalidating any insurance coverage of Algona or Auburn.
16. COMPLIANCE WITH REGULATIONS AND LAWS
The parties shall comply with all applicable rules and regulations pertaining to them in
connection with the matters covered herein.
17. ASSIGNMENT
The parties shall not assign this Agreement or any interest, obligation or duty therein
without the express written consent of the other party.
18. ATTORNEYS' FEES
If either party shall be required to bring any action to enforce any provision of this
Agreement, or shall be required to defend any action brought by the other party with
respect to this Agreement, and in the further event that one party shall substantially
prevail in such action, the losing party shall, in addition to all other payments required
therein, pay all of the prevailing party's reasonable costs in connection with such action,
including such sums as the court or courts may adjudge reasonable as attorney's fees in
the trial court and in any appellate courts.
19. NONDISCRIMINATION
Each of the parties, for itself, its heirs, personal representatives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby covenant and agree that
it will comply with pertinent statutes, Executive Orders and such rules as are promulgated
to assure that no person shall, on the grounds of race, creed, color, national origin, sex,
sexual orientation, age, or the presence of any sensory, mental or physical handicap be
discriminated against or receive discriminatory treatment by reason thereof.
20. MISCELLANEOUS
a. All of the covenants, conditions and agreements in this Agreement shall
extend to and bind the legal successors and assigns of the parties hereto.
b. This Agreement shall be deemed to be made and construed in accordance
with the laws of the State of Washington. Jurisdiction and venue for any action
arising out of this Agreement shall be in King County, Washington.
INTERLOCAL AGREEMENT
April 16, 2013
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C. The captions in this Agreement are for convenience only and do not in any
way limit or amplify the provisions of this Agreement.
d. Unless otherwise specifically provided herein, no separate legal entity is
created hereby, as each of the parties is contracting in its capacity as a municipal
corporation of the State of Washington. The identity of the parties hereto is as set
forth hereinabove.
e. The performances of the duties of the parties provided hereby shall be
done in accordance with standard operating procedures and customary practices
of the parties. Operational review and service meetings shall be held every six (6)
months, with representatives from both cities to review and discuss service and
support delivery.
f. No provision of this Agreement shall relieve either party of its public agency
obligations and or responsibilities imposed by law.
g. If any term or provision of this Agreement or the application thereof to any
person or circumstance shall, to any extent, be held to be invalid or unenforceable
by a final decision of any court having jurisdiction on the matter, the remainder of
this Agreement or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable shall
not be affected thereby and shall continue in full force and effect, unless such
court determines that such invalidity or unenforceability materially interferes with or
defeats the purposes hereof, at which time either party shall have the right to
terminate the Agreement.
h. This Agreement constitutes the entire agreement between the parties.
There are no terms, obligations, covenants or conditions other than those
contained herein. No modifications or amendments of this Agreement shall be
valid or effective unless evidenced by an agreement in writing signed by both
parties.
i. Copies of this Agreement shall be filed with the King County Auditor's Office
and the respective Clerks of the parties hereto.
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April 16, 2013
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IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first above written.
CITY OF A URN CITY OF ALGONA
Peter B. Lewil Print Name: -DAy t0 it WU-
Auburn Mayor Title: MA 902
Attest: Attest:
Print Na e: t vt 1A
Danielle Daskam, Title.
Auburn City Clerk
App ve as to Approved as to form:
iel B. Heid Print Name: i,�` L S -
Auburn City Attorney Title: C l� -ff,-,A
<�yvk �iJ:� '� �Lt✓L
INTERLOCAL AGREEMENT
April 16, 2013
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EXHIBIT B
SCOPE OF SERVICES
Services Provided:
• General network and desktop support
• Operating system patch management
• Virus protection software management
• Technical recommendations
Requesting support:
All requests for service should be emailed to helpdesk(D_auburnwa.gov. The request
will be forwarded to City of Auburn technical staff for resolution. Persons authorized to
request support on a non-emergency basis are City of Algona staff and designees.
Service levels:
For requests e-mailed Monday through Friday from 7:00 am to 5:00 pm, we will try to
respond within 30 minutes. During high call volumes, we will assist you as soon as
possible.
With authorization by Mayor, Police Chief or City Administrator, support outside regular
business hours will be provided on an emergency basis. If you need an immediate
response during off hours and have the appropriate authorization, please email
helpdesk(c�auburnwa.gov with the name of authorizing person and nature of issue or
call 253-876-1947. Your issue will be forwarded to the on-call technician for resolution.
Service limitations:
• City of Auburn will assist and provide recommendations on network security but
security remains the responsibility of City of Algona.
• City of Auburn will assist and provide recommendations on hardware and
software purchases. All hardware and software purchases are the responsibility
of City of Algona.
Billing:
Monthly charges for service are based on 2012 help desk ticket totals currently 97, and
not to exceed 125 tickets annually. In the event annual tickets exceed 125 tickets, City
of Algona agrees to negotiate these additional services which may include mutually
agreed adjustments to monthly service charges. All service will be billed monthly
according to Attachment B. Services that are billed on an hourly basis will include a
brief description of the service and the department where the service was performed.
INTERLOCAL AGREEMENT
April 16, 2013
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EXHIBIT C
COST OF SERVICES
$uppon°,Function Operating:Hours Billing;:rate Monthlycost
.
General Network and desktop M - F, 7 a.m. - 5 p.m. $525.00/month $525.00
maintenance and support including excluding holidays effective June 1,
operating system patch management, 2013
virus system software management,
general troubleshooting and problem
resolution that can be via remote
access/phone.
Network and desktop repair and M - F, 7 a.m. - 5 p.m. $75.00/hour Per hour as
maintenance that require onsite support. excluding holidays required
All support responses by City of Auburn Non business hours $110.00/hour Per incident as
technical support staff. with one hour required
minimum
Note: COA technical support staff will not
respond without authorization from City of
Algona Mayor, Police Chief or City
Administrator.
Netmotion Client Software n/a Client billed at Per event
actual cost when
added to Algona
PC
Maintenance billed
at actual cost
when invoiced to
City of Auburn by
Netmotion
Virus Protection Software n/a Yearly Yearly
maintenance billed
per machine at
actual cost when
invoiced to City of
Auburn by
software vendor
INTERLOCAL AGREEMENT
April 16, 2013
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