HomeMy WebLinkAbout5201 RESOLUTION NO. 5 2 0 1
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF AUBURN
AND VALLEY REGIONAL FIRE AUTHORITY FOR GIS
SERVICES
WHEREAS, RCW 39.34 authorizes public agencies to enter into
interlocal agreements; and
WHEREAS, Valley Regional Fire Authority (VRFA) has the need for
professional GIS 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 is hereby authorized to
execute an Interlocal Agreement between the City of Auburn and Valley
Regional Fire Authority (VRFA) 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.
Resolution No. 5201
January 12, 2016
Page 1 of 2.
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this 14c day of( _ , 2016.
CITY OF AUBURN
NANCYBA , MAYOR
ATTEST:
_ i./
Danielle E. Daskam, City Clerk
APP-0 ED= • FORM:
A I I A)
•aniel B. Heid, City Attorney
Resolution No. 5201
January 12, 2016
Page 2 of 2
CITY OF AUBURN and VALLEY REGIONAL FIRE AUTHORITY
INTERLOCAL AGREEMENT FOR
GEOGRAPHIC INFORMATION SYSTEMS
THIS INTERLOCAL AGREEMENT made and entered into, pursuant to the Interlocal
Cooperation Act, Chapter 39.34 of the Revised Code.of Washington, on the A, day of
, 2016, by and between the CITY OF AUBURN, a municipal
corporation of the State of Washington (hereinafter referred to as the "City"), and the
Valley Regional Fire Authority, a municipal corporation of the State of Washington
(hereinafter referred to as "VRFA"),
WITNESSETH:
WHEREAS, VRFA seeks geographic information systems ("GIS") technology services;
and
WHEREAS, the City 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
The City agrees to perform for VRFA, in a competent and professional manner the tasks
specific to GIS support of the VRFA 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."
The City 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 VRFA. The City
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 GIS services are required by VRFA or reduction in services are
necessary beyond those specified in Exhibit A and the compensation listed in Exhibit B
of this agreement, and further provided that the City 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 the City's performance of the additional GIS 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 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
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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 GIS services other than
those described on Exhibit. A are desired by VRFA and the time period for the
completion of such services makes the execution of Amendment impractical prior to the
commencement of the City's performance of the requested services. The City hereby
agrees that it shall perform such services upon the request of an authorized
representative of VRFA at a rate of compensation to be mutually negotiated in
connection therewith. Any such additional GIS 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. VRFA'S RESPONSIBILITIES
VRFA shall, do the following in a timely manner so as not to delay the services of the
City:
a. Designate in writing a person to act as VRFA's representative with respect
to the services described in Exhibit A. VRFA's designee shall have complete
authority to transmit instructions, receive information, interpret and define VRFA's
policies and decisions with respect to the services, except in the event of an
emergency as described in Exhibit A.
b. Furnish the City 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 the City to
perform the services provided for herein.
d. Examine and evaluate all studies, reports, memoranda, plans, sketches,
and other documents prepared by the City 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 VRFA is requesting
support.
e. Provide secure access to all documents, data and systems that the City
needs to perform services requested.
5. ACCEPTABLE STANDARDS
The City 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 VRFA.
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6. COMPENSATION
Compensation for the City's performance of the services provided for herein are
attached as Exhibit B. The Annual fees shall be. increased January 1, 2017, and each
January 1 thereafter, by an amount equal to 1% or the most recent Seattle-Tacoma-
Bremerton Consumer Price Index - U whichever is greater for the term of this
Agreement.
The City shall submit to VRFA a monthly invoice and VRFA shall process the invoice or
statement in the next billing/claim cycle following receipt of the invoice or statement, and
shall remit payment to the City thereafter in the normal course, subject to any conditions
or provisions in this Agreement or Amendment.
7. TIME FOR PERFORMANCE AND TERM OF AGREEMENT
The City 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 twelve (12) months and may be
extended thereafter by written agreement of the Parties 60 days prior to term end.
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, data, design
calculations, working drawings and any other materials created or otherwise prepared
by the City as part of its performance of this Agreement (the "Work Products") shall be
owned by and become the property of the City, and may be used by VRFA for any
purpose beneficial to VRFA. Public records requests shall be the responsibility of
VRFA; however the City may assist at VRFA's request at hourly rates provided under
Exhibit B 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 VRFA 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, the City agrees that, notwithstanding such dispute or conflict, the City shall
continue to make a good faith effort to cooperate and continue work toward successful
completion of assigned duties and responsibilities. Provided, that if the VRFA fails to
pay the City for the services, the City can cease providing such services until payment
is made.
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11. ADMINISTRATION OF AGREEMENT
This Agreement shall be administered by Ashley Riggs, Innovation & Technology
Operations Manager or designee on behalf of the City, and by Eric Robertson, VRFA
Administrator or designee on behalf of VRFA. Any written notices required by the terms
of this Agreement shall be served on or mailed to the following addresses:
CITY OF AUBURN VALLEY REGIONAL FIRE AUTHORITY
Innovation & Technology Administration
Ashley Riggs Eric E. Robertson
25WMainSt 1101 DStreetNE
Auburn, WA 98001-4998 Auburn, WA 98002
Phone: 253-288-3149 Office: 253-288-5801
Fax: 253-804=3116 Fax: 253-288-5900
E-mail: ariggs @auburnwa.gov E-mail: eric,robertson @vrfa.org
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
pa_rty 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
VRFA 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 VRFA's membership in a municipal self-
insurance pool, including evidence of limits of coverage's, exclusions and limits of
liability satisfactory to the City.
The City 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 the City's membership in a municipal self-
insurance pool, including evidence of limits of coverage's, exclusions and limits of
liability satisfactory to VRFA.
14. INDEMNIFICATION
a. VRFA shall indemnify and hold the City and its agents, employees, and/or
officers, harmless from and shall process and defend at its own expense any and
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all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or
costs, of whatsoever kind or nature, brought against the City arising out of,, in
connection with, or incident to the execution of this Agreement and/or VRFA'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 the
City, its agents, employees, and/or officers, this indemnity provision shall be valid
and enforceable only to the extent of the negligence of VRFA; and provided further,
that nothing herein shall require VRFA to hold harmless or defend the City, its
agents, employees and/or officers from any claims arising from the sole negligence
of the City, its agents, employees, and/or officers. No liability shall attach to the City
by reason of entering into this Agreement except as expressly provided herein.
b. The City shall indemnify and hold VRFA 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 VRFA arising out of, in
connection with, or incident to the execution of this Agreement and/or the City'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 VRFA,
its agents, employees, and/or officers, this indemnity provision shall be valid and
enforceable only to the extent of the negligence of the City; and provided further,
that nothing herein shall require the City to hold harmless or defend VRFA, its
agents, employees and/or officers from any claims arising from the sole negligence
of VRFA, its agents, employees, and/or officers. No liability shall attach to VRFA by
reason of entering into this Agreement except as expressly provided herein.
15. WAIVER OF SUBROGATION
VRFA and the City 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 VRFA or the City.
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
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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.
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.
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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.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first above written.
CITY OF AUBURN VRFA
6X.Arfe-v1.7
Nancy Ba s . Eric ... Robertson
Auburn Ma r VRFA Administrator
Attest: Attest:
40£ aei )) �
Danielle Daskam, Louise M. Bartol
Auburn City Clerk Clerk of the Board.
Appro -d as t• .:;,e -: Approved as to form:
// All...
/ / s , ‘2,t_f___,L,
- ien. Heid do:eph . Quinn
•uburn City Attorney 'ounsel for VRFA
INTERLOCAL AGREEMENT
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EXHIBIT A
SCOPE OF SERVICES
The following data sets, referred to as "Public Safety Data", are managed and
maintained by the City of Auburn GIS. These are the core data sets available to VRFA
in any GIS service outlined in Exhibit A. The "Public Safety Data" also includes the data
sets required by Valley Communications for the CAD map.
1. Address Points: Address points and/or street centerline
2. Fire Service Reporting and Response Districts: boundaries for response
areas
3. Gates and Barriers: access points that are blocked
4. Hydrology: lakes, rivers, streams and waterways
5. Mileposts: points indicating distance to a certain location
6. Police Patrol Districts: larger reporting areas within the City
7. Police Reporting Districts: smaller reporting areas within the districts
8. Political Boundaries: city and county boundaries. Other local government
boundaries including water purveyors, fire districts, etc.
9. Railroads: BNSF and Union Pacific
10. Service Area Buffers
11. Streets:, street centerlines broken by intersections including street attributes
like speed limit, number of lanes, dead-ends, etc....
12. Valley Communication Service Areas: boundary of entire VCC service area
13. Water Hydrants: points of locations, type and flow ratings
In addition, the below data sets have been identified as critical by VRFA as they will be
used in the establishment and evaluation of both current and future performance.
These data sets will also be available to VRFA in the same manner that the Public
Safety Data is.
1. Topography/Ornithology: elevation and overhead view data
2. Zoning: boundaries indicating City zoning and land use data.
3. Occupancy and Permit: building related data from the City's permit system
4. Hazard and Critical Areas: landslide, earthquake, lahar, flood, wetland, etc.
5. Fire Demand/Management Zones: boundaries designated by VRFA for
response management
6. Required Fire Flow: specific buildings that have special response needs
7. Bridges: non-pedestrian and pedestrian bridges within the City
All services provided are based off of the data sets outlined above.
• VRFA response map development
• VRFA map printing
• Annual reprints of all templated maps
• Map exports (i.e. PDF and image)
• Data exports (i.e. Esri shapefiles and Esri Geodatabase)
• Access to Auburn GIS mobile devices for field data collection
• Access to web-based map services for data consumption
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• GIS liaison between VRFA and VCC on CAD map data
• Assistance/support with GIS related fire accreditation data
• Assistance/support with GIS related programs
• Standard, dedicated eGIS site for VRFA (requires signature of completion by
both parties)
• Read-only access to all non-public safety data that GIS stores or has access
to
Note: Data will be accessed by VRFA the same way VRFA connects to the City of
Auburn over dedicated fiber for access to CRW.
Services not included which may incur additional charges:
• License(s) to Auburn's Esri software
• GIS related training beyond the initial stand up of eGIS site
• Customizations and development of non-standard features for dedicated
eGIS site
• Data collection
• Data cleanup on non-Public Safety Data
• Initial cost or maintenance cost of data subscriptions
• Initial cost or maintenance cost of VRFA software
• Data analysis on special projects
Requesting support:
All requests for service should be emailed to helpdeskaauburnwa.aov. Requests will
automatically be forwarded to the City GIS staff members for resolution.
Service levels:
For requests e-mailed Monday through Friday from 8:00 a.m.. to 5:00 p.m. ("regular
business hours"), we will use best efforts to respond within 60 minutes. During high call
volumes, we will assist you as soon as possible. Staff will not respond to request made
outside regular business hours.
Billing:
All services will be billed monthly according to Exhibit B. Services that are billed on an
hourly basis will include a brief description of the service and hours provided. Monthly
charges for service are based on support items listed above.- In the event annual
support and services exceed the scope of this agreement, VRFA agrees to negotiate
these additional services which may include mutually agreed adjustments to monthly
service charges.
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EXHIBIT B
COST OF SERVICES
Support Function Operating Hours Billing rate Monthly cost
Services outlined in Exhibit A M-F, 8 a.m. -5 p.m. $2,024.00/month $2,024.00
excluding holidays
One-time project fee: M-F, 8 a.m. -5 p.m. $100.00/hour N/A
excluding holidays
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