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HomeMy WebLinkAbout5045 RESOLUTION NO. 5 0 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SECOND ADDENDUM TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF PACIFIC FOR INFORMATION SERVICES TECHNOLOGY WHEREAS, in September, 2011, the City of Auburn entered into an Interlocal Agreement with the City of Pacific for Information Services, and WHEREAS, on January 7, 2013, the City adopted Resolution No. 4896, which allowed the parties to extend the original term and to clarify the term of the original agreement, specifying that it terminated on December 31, 2012, and WHEREAS, Pacific has asked the City to provided additional web hosting and maintence services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows. Section 1. The Mayor and the Auburn City Clerk are hereby authorized to execute a 2nd Addendum to the Interlocal Agreement between the City of Auburn and the City of Pacific, which Addendum shall be in substantial conformity with the Addendum attached hereto as Exhibit "A". Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. ---------------------------------- Resolution No. 5045 April 10, 2014 Page 1 of 2 Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Sr Dated and Signed this day of a0±2 12014. CITY OF AUBURN I ANCY C S, MAYOR ATTEST. Danielle E. Daskam, City Clerk APPR ED W Daniel B. He , \ -------------------------------------- Resolution No. 5045 April 10, 2014 Page 2 of 2 CITY OF AUBURN —CITY OF PACIFIC Exhibit "A" INTERLOCAL AGREEMENT FOR INFORMATION SERVICES TECHNOLOGY THIS INTERLOCAL AGREEMENT made and entered into, pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the Ql& day of CN,Q" , \ , 2014, by and between the CITY OF AUBURN, a municipal corporation of the 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"), RECITALS : 1. Pacific seeks professional information technology ("IT") services; and 2. 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 agree as follows. 1 SCOPE OF SERVICES Auburn agrees to perform for Pacific, in a good and professional manner the tasks specific to support the City of Pacific described on Exhibit A which is attached hereto and by this reference made a part of this Agreement. (The tasks described on Exhibit A 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 Pacific. Auburn shall perform the services described in Exhibit A 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 Pacific or reduction in services are necessary beyond those specified in Exhibit A 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 and effect as if the terms of such Amendment were a part of this Agreement as originally executed. The performance of INTERLOCAL AGREEMENT City of Pacific Information Technology Services Agreement, April 9, 2014 Page 1 of 12 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 Pacific 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 Pacific 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. 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 to act as Pacific's representative with respect to the services described in Exhibit A. Pacific's designee 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 Exhibit A. 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, including passwords, facility access and data systems to which Pacific is requesting support. Auburn shall use "remote access" technology to support Pacific systems where possible to limit onsite costs. Such examples include Firewall, router, computer, Domain controller, active directory, Law enforcement support items and secured/encrpyted access to systems designated by Pacific to be supported by Auburn. INTERLOCAL AGREEMENT City of Pacific Information Technology Services Agreement, April 9, 2014 Page 2 of 12 f. Pacific must complete, and authorize necessary state documents related to "Agency Authorization" designating City of Auburn as "IT Technical contact" and complete a "Management Control Agreement" filed with WSP that will allow Auburn IT staff to work with CJIS and ACCESS information including SSID, Mnemonics and ORI information to support the system. 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 Compensation for Auburn's performance of the services provided for herein are attached as Exhibit B. Annual sum shall be increased January 1, 2015 with advance notice given to Pacific, and each January 1 thereafter, by an amount equal to 2% or the most recent Seattle-Tacoma-Bremerton Consumer Price Index - U whichever is less for the term of this Agreement. Auburn shall submit to Pacific a monthly invoice including a report of documented IT helpdesk requests for support during invoice month. 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. 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 A, unless otherwise agreed to in writing by the parties. The initial term of this agreement shall be thirty-six (36) months and may be extended thereafter by written agreement of the Parties 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. 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 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 request at hourly rates provided under exhibit B for onsite support. INTERLOCAL AGREEMENT City of Pacific Information Technology Services Agreement, April 9, 2014 Page 3 of 12 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 Ron Tiedeman, Innovation & Technology Director or designee on behalf of Auburn, and by Richard Gould, Finance Director or designee on behalf of Pacific. 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 Innovation & Technology Finance Director Ron Tiedeman Richard Gould 25 W Main St 1003 rd Ave SE Auburn, WA 98001-4998 Pacific, WA 98047 Phone- 253-288-3160 (253) 929-1117 Fax: 253-804-3116 E-mail: rtiedeman @auburnwa.gov rgould @ci.pacific.wa.us 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 INTERLOCAL AGREEMENT City of Pacific Information Technology Services Agreement, April 9, 2014 Page 4 of 12 13. INSURANCE Pacific 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 Pacific'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 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, 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 INTERLOCAL AGREEMENT City of Pacific Information Technology Services Agreement, April 9, 2014 Page 5 of 12 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 discriminated against or receive discriminatory treatment by reason thereof 20. MISCELLANEOUS INTERLOCAL AGREEMENT City of Pacific Information Technology Services Agreement, April 9, 2014 Page 6 of 12 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. Semi-annual operational review and service meetings shall be held 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 listed by the parties on their websites as provided for in RCW 39 34.040. INTERLOCAL AGREEMENT City of Pacific Information Technology Services Agreement, April 9, 2014 Page 7 of 12 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. CITY OF AUBURN CITY OF Pacific W 4Lanne Nlincy Bacl u Guier Auburn May r Pacific Mayor Attest: est: Danielle Daskam, Amy St a son-Ness, UD Auburn City Clerk Pacific City Clerk Approv &tm, Approved as to form: Daniel B Heid Print Name- Auburn City Attorney Title: INTERLOCAL AGREEMENT City of Pacific Information Technology Services Agreement, April 9, 2014 Page 8 of 12 11 EXHIBIT A SCOPE OF SERVICES Services Provided: • Onsite Auburn IT Staff Presence: Auburn primary support function will be via remote access and administration with primary contact and support provided through email: helpdesk(a)auburnwa.gov and phone support. Remote login and various types of technical configuration management will be utilized to minimize onsite and travel charges. Auburn IT staff will respond onsite to all technical matters not repairable remotely, and will attempt to respond to non-critical items in multiples to minimize trips where possible. • General network and desktop support • Limited GIS and Mapping Services shall be provided on a per project basis, with printing costs the responsibility of Pacific based on current Auburn rate schedules. • Maintenance and management of Servers and "back-end" equipment to include: • Telephones, sound equipment, servers, network equipment (routers, firewalls, switches) • Server administration, including user setup, access, email and help desk functionality • TV21 support and coordination as allowed per Pacific Franchise • Public Meetings: (set-up and attendance when necessary) • Purchasing- Recommendations, quotes, vendor discussions. Purchasing, purchase orders and requisitions will be the responsibility of Pacific. o Pacific can be added to certain City of Auburn software and hardware agreements to receive similar cost savings where applicable Such areas including Microsoft volume licensing, Spillman, Sharepoint, Antivirus protection, Netmotion and others. • Web Services — Optional item per Exhibit B • Website hosting and support • Training and consulting • Website monitoring and limited reporting • Website design recommendations and future planning • Backup operations, offsite storage and disaster recovery • Auburn will evaluate current backup and disaster contingency plans and make recommendations. Typically this includes weekly offsite storage which is paid for by customer, and daily incremental and differential backups. While Auburn is already managing these operations, at Pacific's request, Auburn can provide an evaluation of alternative backup solutions. • Disaster recovery may result in an addition of services, or evaluation and recommendation to enhance business continuity and operations based on current procedures. • Application and software end user support • Vendor coordination and management as needed • Workstation setup and operating system, and software patch management • Technical recommendations including: INTERLOCAL AGREEMENT City of Pacific Information Technology Services Agreement, April 9, 2014 Page 9 of 12 • Long and short term strategic planning • Disaster recovery and business continuity planning • Technology budget recommendations and planning o Audit documentation and assistance with CJIS and WCIA annual audits Requesting support: All requests for service should be emailed to helpdesk(a)auburnwa.gov. Phone calls will be accepted as well, however tracking tickets and support via our help desk system is preferred with a follow up phone call from Auburn staff. 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 Pacific employees or their designee. 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 of Pacific Mayor, Finance Director, City Clerk or Police Chief, support outside regular business hours will be provided on an emergency basis. If you need an immediate response during off hours or there is an emergency situation and have the appropriate authorization, please email helpdesk(cDauburnwa.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 Pacific. • City of Auburn will document, and present information relevant to technical audits however compliance will be the responsibility of Pacific, including CJIS and ACCESS Audits. • City of Auburn will assist and provide installation and recommendations on hardware and software purchases. All hardware and software purchases are the responsibility of City of Pacific. Additional Services: City of Auburn may provide additional services, or alter existing services through the appropriate approval process and addendum. Additional services include but are not limited to. GIS Services Licensing Support: INTERLOCAL AGREEMENT City of Pacific Information Technology Services Agreement, April 9, 2014 Page 10 of 12 -Netmotion (Billed Separately at cost) -Spillman (Billed Separately at cost) Web Application and Design Services Publishing and Design Services Multimedia/Film Services Billing: 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. Monthly charges for service are based on an estimated 400 helpdesk requests annually. In the event annual helpdesk requests exceed 400 tickets, City of Pacific agrees to negotiate these additional services which may include mutually agreed adjustments to monthly service charges. INTERLOCAL AGREEMENT City of Pacific Information Technology Services Agreement, April 9, 2014 Page 11 of 12 EXHIBIT B COST OF SERVICES Support Function Operating Hours Billing rate Monthly cost As outlined in Exhibit A M - F, 7 a.m - 5 p.m. $3060.00/ month $3060.00 excluding holidays effective April 1, 2014 and monthly thereafter Network and desktop repair and M - F, 7 a.m. - 5 p.m. Included. Mileage Per hour as maintenance that require onsite support. excluding holidays billed separately required and based on IRS standard mileage rates Website and FTP Hosting M - F, 7 a m. - 5 p.m. Based on up to 60 $190.00 -Site transfer and domain monitoring -Data backup and restore excluding holidays pages. Current -5 GB server space (1/4 GB current size) page count 50. -10 GB FTP Storage and Access -User administration and security -Photo/document upload support -Reports— Page"hits" (Google analytics) Web programming and consulting M - F, 7 a.m. - 5 p.m. $150.00/hour N/A - 3 hours included at transition Billed in 15 minute -Static Template design changes excluding holidays increments -Online forms, drop down boxes, static boxes, color changes affecting site template. All support responses by City of Auburn Non business hours, $120.00/ hour Per incident as technical support staff afterhours, with one hour required emergency response minimum plus Note: COA technical support staff will not mileage based on respond without authorization from City of IRS standard Pacific Mayor, Police Chief or Finance mileage rate Director Netmotion Client Software Billed Annually $38.00/20 Clients $760.00 Spillman (Police Software Support) Billed Annually N/A N/A Virus Protection Software N/A Included —48 Included Clients INTERLOCALAGREEMENT City of Pacific Information Technology Services Agreement, April 9, 2014 Page 12 of 12