HomeMy WebLinkAbout4970 RESOLUTION NO. 4 9 7 0
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
AUBURN AND THE CITY OF PACIFIC FOR
MUNICIPAL SERVICES
WHEREAS, the City of Pacific is in need of assistance with various items of
municipal services which the City of Auburn may be able to provide on an interim
basis; and
WHEREAS, the parties are agreeable to an agreement whereby such
services shall be provided by the City of Auburn on a full cost recovery basis and
are willing to negotiate the specifics of such agreement, and execute an agreement
therefor
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows
Section 1. That the Mayor is authorized to negotiate and execute an
Interlocal Agreement between the City of Auburn and the City of Pacific whereby
the City of Auburn will provide municipal services for the City of Pacific, which
Interlocal Agreement shall be is general conformity with the Interlocal Agreement a
copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by
this reference. As the Mayor negotiates the specifics of this Agreement, attention
shall be given by the Mayor to the need for City of Auburn tasks and projects and
the affects that services to be provided by the City of Auburn for the City of Pacific,
so that work done for the City of Pacific by Auburn does not delay or unduly impact
City of Auburn projects. Additionally, rather than having the City of Auburn hire
----------------------------
Resolution No 4970
July 1, 2013
Page 1 of 2
additional staff to provide services for and on behalf of the City of Pacific,
consideration shall be given to contracting with consultants or contract service
providers for such work, so that the City of Auburn does not incur the on-going
costs and obligations of additional Auburn staffing beyond the levels needed to
meet its own needs. Furthermore, attention shall be given the kinds of work needed
by the City of Pacific, and provided by the City of Auburn, so that any review and
oversight by the Auburn City Council can be provided by the Auburn City Council
Committee(s) that most closely relate(s) to the services being provided
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
fF
Dated and Signed this day of 12013
ITY OF Rw
PETER B LEWIS
MAYOR
ATTEST /�
k'/,� 'c
�V1�/(D �—
Da elle E. Daskam, City Clerk
APPROVED A TO FORM:
iel B Heid, Attorney
Resolution No 4970
July 1, 2013
Page 2 of 2
CITY OF AUBURN — CITY OF PACIFIC
INTERLOCAL AGREEMENT FOR
MUNICIPAL SERVICES
THIS INTERLOCAL AGREEMENT made and entered into, pursuant to the
Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the
day of� 2013, by and between the CITY OF AUBURN, a
municipal corporation o he State of Washington (hereinafter referred to as "Auburn"),
and the CITY OF PACIFIC, a municipal corporation of the State of Washington
(hereinafter referred to as "Pacific"),
WITNESSETH
WHEREAS, Pacific seeks municipal services including but not limited to Public
Works, Planning, Information Technology Service, and City Clerk; 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 Pacific, in a good and professional manner any services
required by the Pacific for the administration of the City Specific tasks shall be
designated in writing by Pacific and shall describe the scope of the task to be
performed, the expected deliverables, and a date by which the task should be
completed. 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
Pacific.
2. PACIFIC'S RESPONSIBILITIES
Pacific shall do the following in a timely manner so as not to delay the services of
Auburn.
a. Designate in writing a person or persons to act as Pacific's representative
with respect to the services to be performed. Pacific's designee(s) shall have
complete authority to transmit instructions, receive information, interpret and
define Pacific's policies and decisions with respect to the services, except in the
event of an emergency as described in each Exhibit.
AUBURN/PACIFIC INTERLOCAL AGREEMENT
July 1, 2013
Page 1 of 7
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
professional standard acceptable to Pacific.
6. COMPENSATION
Pacific shall compensate Auburn for performance of the services at a full cost
recovery rate This rate shall include basic salary and benefit costs, plus other
costs incurred by Auburn on Pacific's behalf in connection herewith. Auburn
shall, upon request, provide Pacific with a specific breakdown of its rate
calculations
Auburn shall submit to Pacific a monthly invoice and Pacific 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. Pacific
shall pay Auburn for the invoiced work within thirty (30) days after the days of the
invoice
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 each task request, unless otherwise agreed
to in writing by the parties. The term of this Agreement shall be in effect for note
more than three (3) years beginning on the date of signing, 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
AUBURN/PACIFIC INTERLOCAL AGREEMENT
July 1, 2013
Page 2 of 7
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 Pacific, and may be
used by Pacific for any purpose beneficial to Pacific. Public records requests
shall be the responsibility of Pacific; however, Auburn may assist at Pacific's
request at hourly rates provided in this Agreement.
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 Pacific for a period of up to three (3)
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 Pacific 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 the Mayor of the City of Auburn on
behalf of Auburn, or designee, and by on behalf of
Pacific, or designee 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 PACIFIC
Mayor
25 W Main St 1003 r Ave SE
Auburn, WA 98001-4998 Pacific, WA 98047
Phone 253-931-3008 Phone 253-929-1108
Fax: 253-288-3132 Fax:
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
AUBURN/PACIFIC INTERLOCAL AGREEMENT
July 1, 2013
Page 3 of 7
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
Pacific shall maintain in full force throughout the duration of this Agreement
comprehensive general liability insurance with a minimum coverage of
$2,000,000 00 per occurrence/aggregate for personal injury and property
damage. This requirement shall be deemed satisfied by evidence of Pacific's
limits of
coverages, 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
$2,000,000 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
coverages, exclusions and limits of liability satisfactory to Pacific.
14 INDEMNIFICATION
a. Pacific 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 Pacific'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
Pacific; and provided further, that nothing herein shall require Pacific 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 Pacific 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 Pacific 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,
AUBURN/PACIFIC INTERLOCAL AGREEMENT
July 1, 2013
Page 4 of 7
however, that if such claims are caused by or result from the concurrent
negligence of Pacific, 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 Pacific, its agents, employees and/or officers from any claims
arising from the sole negligence of Pacific, its agents, employees, and/or officers
No liability shall attach to Pacific by reason of entering into this Agreement except
as expressly provided herein.
15 WAIVER OF SUBROGATION
Pacific 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 Pacific 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
AUBURN/PACIFIC INTERLOCAL AGREEMENT
July 1, 2013
Page 5 of 7
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.
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.
AUBURN/PACIFIC INTERLOCAL AGREEMENT
July 1, 2013
Page 6 of 7
i. Copies of this Agreement shall be filed with the King County Auditor's Office
and the respective Clerks of the parties hereto
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first above written
Cl OF AUB CITY OF PACIFIC
Peter B. Lewis f int m me fh iv. _
Auburn Mayor rin dle. e, 1
Attest:
(k Attest:
41:67— ¢S/2i S cosh
Danielle Daskam, PrintNarAe �f4.J. Csar�ison
Auburn City Clerk Pacific City Clerk of
Appr ve as pp oved as to form
Daniel B Heid KenyonpN7uoe
Auburn City Attorney Pacific i Attorney
AUBURN/PACIFIC INTERLOCAL AGREEMENT
July 1, 2013
Page 7 of 7
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SUMMARY OF INSURANCE
_ - Property Business Auto _
-Inland Marine Employee Benefits Liability
Equipmnt own 'e
General Liability 'Employment Practices Liability -
PRESENTED BY
Elizabeth Miser,Area Vice President
Arthur J.Gallagher Risk Management Services, Inc.
1015 A Street Suite 800
Tacoma,WA 98402
' 253-627-7183 -
w .aiorms.com
01/16/2013
s
_ Arthur J. Gallagher Risk Management Services
PROPERTY INSURANCE
Coverage: Property including Inland Marine
Carrier: Landmark Insurance Company
Policy Period: 1/1/2013 to 111/2014
The following is a general summary of the Insuring Agreement. Refer to actual policy form for complete terms and
conditions.
Coinsurance or A reed Amount:
■ • Wffiffiriff• s
All Covered Property Yes N/A
Coverage Includin Limits/Sublimity
Blanket Property Policy Limit I L I$7,081,513
i
Inland Marine Values L $78,700 Included
in Blanket Property
Policy Limit
Deductibles/SIR:
• • s
Deductible All Covered Perils except Earthquake $5,000 Per occurrence
& Flood
Deductible Earthquake, per unit of insurance, 5% Per unit of insurance, subject
subject to a minimum of$25,000 to a minimum of$25,000
per occurrence
Deductible Flood (100 & 500 year flood zones is Per occurrence
EXCLUDED)
Additional Coverage(Includin Limits/Sublimity):
•
■ •
IIT
Earthquake .S $2,500,000 Per Occurrence and Annual
Aggregate
Flood S $2,500,000 Per Occurrence and Annual
Aggregate
Ordinance or Law- Coverage i S $200,000 Per Occurrence
B&C combined
Transit& Off Premises ____4 S $10,000 Per Occurrence
Accounts Receivable/Valuable I $50,000 Per Occurrence
Papers
Proposal for City Pacific 11
�. Arthur J. Gallagher Risk Management Services
_ ��• -
f F 7,,,;,.. •tom.. ?'��; - <y:�
Newly Acquired Real Property $250,000 Per Occurrence
Newly Acquired Business S $100,000 Per Occurrence
Personal Property
Electronic Data Equipment $25,000 Per Occurrence
Fine Art 00 Per Occurrence
Hc�ourts, Esufaces LSIGreater of 25% of loss or Per Occurrence
00
tennis 00 Per Occurrence
Valu ations:
° ° e
Replacement Cost I Buildings& Business Personal Property
Actual Cash Value Machinery and Equipment 10 years or older
Perils Covered:
Special Form Perils Applies
Exclusions include, but are not limited to:
e e
Earthquake Sprinkler Leakage Exclusion
Other si nificant terms and conditions/restrictions:
ISO Forms—Current to 2007 versions& RSUI Forms
Broker Fees Are Fully Earned
Premium
$46,595.00
Broker Fee
1,750.00
WA Surplus Lines T&F 1,015.25
ESTIMATED PROGRAM COST: $49,360.25
Minimum Earned Premium 25%
Proposal for City Pacific
12
Arthur J. Gallagher Risk Management Services
LIABILITY INSURANCE — EXCESS SIR'S
Coverage: Liability
Carrier Lexington Insurance Company
Policy Period: 1/1/2013 to 1/1/2014
Form T e:
• e _ ' s . • . • o • Mw
General Liability—BI PD and Personal Occurrence I N/A N/A
and Advertising Injury
Automobile Liability Occurrence N/A N/A
Error and Omissions Liability Occurrence N/A N/A
Employment Practices Liability Occurrence N/A I N/A
Employment Benefit Liability Occurrence N/A N/A
Coves e:
o •
-General Liability, including $5,000,000 Each Occurrence and Annual
contractual and Personal and Aggregate
Advertising Injury
Automobile Liability $5,000,000 I Each Occurrence
Errors and Omissions Liability $5,000,000 Annual Aggregate
Employment Practices Liability $5,000,000 Annual Aggregate
Employee Benefits Liability $5,000,000 Annual Aggregate
Deductibles/SIR:
• e o
SIR General Liability $250,000 Per Occurrence
SIR Auto Liability $250,000 Per Occurrence
SIR Errors and Omissions Liability $250,000 Per Occurrence
SIR Employee Benefit Liability $250,000 Per Occurrence
SIR Employment Practices Liability I$500,000 Per Occurrence
Other significant terms and conditionsfrestrictions:
• • IIIIIIIIIIIN
Washington Surplus Lines Taxes& Fees -TBD
Proposal for City Pacific 13
. Arthur J. Gallagher Risk Management Services
Policy Form Dec: LX8437 (12108) PUBLIC ENTITY RET LIMIT DEC
Text: LX8438 (12/08) PUBLIC ENTITY RET LIMIT TXT
No Flat Cancellations after binding
All Fees Fully Earned at binding, no returns/refunds
LX8589 (06/10) CRISIS RESPONSE COVERAGE EXT
LX0404 SCHEDULE OF RETAINED LIMITS
LX0404 APPLICATION OF RETAINED
$148,515.00
Premium
Broker Fee 7.500.00
WA Surplus Lines Taxes&Fees 3,276.32
ESTIMATED PROGRAM COST: $159,291.32
Minimum Earned Premium 50%
Proposal for City Pacific 14
Arthur J. Gallagher Risk Management Services
AUTO PHYSICAL DAMAGE
Coverage: Business Auto
Carrier Ohio Casualty Insurance Company
Policy Period: 1/1/2013 to 1/1/2014
Coverage:
• • :e
Auto Physical Damage
Comprehensive Covered 17
- Collision Covered 17
Deductibles/SIR:
• e •
Deductible Auto Physical Damage-Comprehensive $1,000
Deductible Auto Physical Damage- Collision 1$1,000
Auto S mbols:
: • • • e • e e e • : e
Business Auto
1 Any Auto
Only those autos you own (and for Liability Coverage any trailers you don't
2 Owned Autos Only own while attached to power units you own).This includes those autos you
acquire ownership of after the policy begins.
3 Owned Private Only the private passenger autos you own. This includes those private
Passenger Autos Only passenger autos you acquire ownership of after the policy begins.
Owned Autos Other Than Only those autos you own that are not of the private passenger type(and for
4 Private Passenger Autos Liability Coverage any trailers you don't own while attached to power units
Only you own).This includes those autos not of the private passenger type you
acquire ownership of after the policy begins
Only those autos you own that are required to have No-Fault benefits in the
Owned Autos Subject To state where they are licensed or principally garaged. This includes those
5 No-Fault autos you acquire ownership of after the policy begins provided they are
required to have No-Fault benefits in the state where they are licensed or
principally garaged.
Only those autos you own that because of the law in the state where they
Owned Autos Subject To are licensed or principally garaged are required to have and cannot reject
6 A Compulsory Uninsured Uninsured Motorists Coverage.This includes those autos you acquire
Motorists Law ownership of after the policy begins provided they are subject to the same
state uninsured motorists requirement.
Specifically Described Only those autos described in Item Three of the Declarations for which a
7 Autos premium charge is shown (and for Liability Coverage any trailers you don't
own while attached to any power unit described in Item Three).
Only those autos you lease, hire, rent or borrow This does not include any
8 Hired Autos Only auto you lease, hire, rent, or borrow from any of your employees, partners (if
you are a partnership), members (if you are a limited liability company) or
members of their households.
Proposal for City Pacific 15
Arthur J. Ga -llagher Risk Management Services
. . Only those autos you do not own, lease, hire, rent or borrow that are used in
• - connection with your business This includes autos owned by your
9 Nonowned Autos Only employees, partners(if you are a partnership), members(if you are a limited
liability company), or members of their households but only while used in
your business or your personal affairs.
Mobile Equipment
Subject ci Compulsory Only those"autos"that are land vehicles and that would qualify under the
Or Financial q fy
19 Responsibility Or Other definition of"mobile equipment" under this policy if they were not subject to
Motor Vehicle Insurance a compulsory or financial responsibility law or other motor vehicle insurance
Law Only law where they are Licensed or principally garaged.
Exclusions include, but are not limited to:
• • •
Excluded Drivers—None at inception
Expected or Intended Injury
Contractual
Workers' Compensation
Employers Liability
Property Damage to Property Owned or Transported by you
Pollution
Other standard policy exclusions apply
Terrorism
Premium
ESTIMATED PROGRAM COST: $18,630.00
Subject to Audit: Composite Rated
Auditable Ex osures:
ee e e .•
- 132 Vehicles
Vehicle Schedule:
NP5,07W e 1 20 2006 Ford E350 VFDWE35L76DA44638 $18,500 Kin C
2 2 2009 Dodge 48867D 2B3KA43T99H506567 $18,000($30,000 with equipment)
Charger
3 3 2009 Dodge 48868d 263KA43T09H506568 $18,000($30,000 with equipment)
Charger
4 4 2009 Dodge 48866D 2B3KA43T79H506566 $18,000($30,000 with equipment)
Charger
Proposal for City Pacific 16