HomeMy WebLinkAbout4045
RESOLUTION NO.4 0 4 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT AMONG THE GREEN RIVER, WHITE RIVER AND
PUYALLUP RIVER VALLEY CITIES FOR COOPERATION IN
ACCEPTANCE AND USE OF A U.S. DEPARTMENT OF
JUSTICE/COPS MORE GRANT
WHEREAS, in connection with the City of Auburn's ongoing law
enforcement responsibilities, it has significant interaction with the law
enforcement agencies of other cities within the vicinity; and
WHEREAS, in order to more effectively address its law enforcement
needs and work with the other area communities, to address those
responsibilities of law enforcement that are common to each, the cities of
Algona, Auburn, Fife, Kent, Pacific, Puyallup, Renton, Sumner, and Tukwila
have coordinated efforts to seek assistance from the United States Department
of Justice, and have sought a grant to assist them in responding with better
communication among the cities for law enforcement needs; and
WHEREAS, in connection with this grant, it is appropriate for the cities to
coordinate not only in terms of their application of the grant funds but their
interaction to assure that their technology and communication abilities are
conducive to interaction and coordination among the police agencies; and
Resolution No. 4045
June 14, 2006
Page 1 of 3
WHEREAS, the parties have negotiated a contract in substantial
conformity to the interlocal agreement attached hereto and incorporated herein,
which is appropriate for the Council to consider approval, not only in terms of
acceptance of the grant but coordination of the grant activities.
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 Green River, White River and Puyallup River Valley cities for
cooperation in acceptance of use of U.S. Department of Justice/Cops More
Grant which interlocal agreement shall be in substantial conformity with the
Agreement a copy of which is attached hereto, marked 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 affect upon
passage and signatures hereon.
Resolution No. 4045
June 14, 2006
Page 2 of 3
DATED and SIGNED this J9i5 day or
::T~P,~ ~
Mayor
,2006.
Attest:
~OAJdit~
Danielle E. Daskam
City Clerk
Resolution No. 4045
June 14, 2006
Page 3 of 3
INTERLOCAL AGREEMENT AMONG GREEN RIVER, WHITE
RIVER AND PUYALLUP RIVER VALLEY CITIES FOR
COOPERATION IN ACCEPTANCE AND USE OF DEPARTMENT
OF JUSTICE I COPS MORE GRANT
THIS INTERLOCAL AGREEMENT made and entered into pursuant to the
interlocal cooperation act, chapter 39.34 of the Revised Code of Washington on this
day of , 2006, by and between the cities of Algona, Auburn,
Fife, Kent, Pacific, Puyallup, Renton, Sumner, and Tukwila each municipal corporations
of the State of Washington
WHEREAS, for the last number of years, there has been a greater interaction
between the cities of Algona, Auburn, Fife, Kent, Pacific, Puyallup, Renton, Sumner, and
Tukwila, relative to a number of different issues with which they each contend, and on
which they have very similar common or very similar positions; and
WHEREAS, one of those issues is law enforcement; and
WHEREAS, in order to more effectively address law enforcement needs of the
cities, they have joined together in seeking monies to enhance their law enforcement
needs, and have worked with congressman Adam Smith in becoming eligible to receive
grant funds in the amount of ninety eight thousand seven hundred and twenty three
dollars and no/100($98,723.00); and
WHEREAS, in order to receive those funds and utilize them in support of their common
and cooperative needs, the parties have reached agreement in connection therewith.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS,
CONDITIONS, PROMISES AND BENEFITS HEREIN, THE PARTIES HERETO
HEREBY AGREE as follows:
1. RECEIPT OF GRANT FUNDS
Each of the cities, as parties hereto, agree to work cooperatively towards the
expenditure of the grant funds received from the Department of Justice / Cops More
Grant, in the total dollar amount of ninety eight thousand seven hundred and twenty
three dollars and no/100 ($98,723.00) which funds shall be received by the City of
Auburn for and on behalf of the parties hereto and which shall be used for the following:
Development of a strategic plan to meet community and public agency
needs through potential uses of fiber optic and wireless broadband infrastructure
and services
Determine the specific operational relationship between a new wire-
line/wireless broadband network and the current local government-owned
emergency communications and wide area networks.
Implement a prototype network that demonstrates interoperability by
securely allowing police computer systems from one jurisdiction to route through
another jurisdictions wireless network back to their home agency.
DEPARTMENT OF JUSTICE / COPS MORE GRANT
Page 1
Other wireless network components and or services that will allow
interoperability between public safety entities in the Valley Cities region.
2. DESIGNATED REPRESENTATIVES
The Mayor or designee of each of the cities hereto shall be designated as each
cities representative to meet, confer, evaluate and administer expenditure proposals in
connection with the Department of Justice / Cops More Grant Funds. The Mayors or
designees shall meet as warranted at dates and times determined by them to be most
convenient. They are also empowered to designate, identify and develop procedures
and processes for their interaction in connection with the administration and use of said
grant funds.
3. INSURANCE
Each of the cities hereto shall be responsible for maintaining, during the term of
this agreement, and at its sole costs and expenses, insurance coverage in amounts
determined to be sufficient, as determined by the Mayors or their designees.
4. INDEMNIFICATION
Each city shall indemnify and hold the other cities, their agents, employees and
officers harmless from and shall defend at its own expense all claims, damages, suits, at
law or equity, actions, penalties, losses, damages or costs of any kind or nature brought
against these cities or any of them, in connection with actions of the individual city
responsible for indemnifying, defending and holding harmless. Any liabilities, claims,
actions, penalties, etc., stemming from the actions of multiple cities shall be addressed
through cooperative efforts of the Chief Administrative Officer of each city or their
designees.
5. WAIVER OF SUBROGATION
The cities hereby mutually release each other from liability and waive all rights of
recovery against each other for any losses by fire or other peril which can be insured
against under fire insurance contracts including extended coverage endorsements which
are customarily available from time to time in the State of Washington.
6. 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.
7. ASSIGNMENT
The parties shall not assign this Agreement or any interest, obligation or duty
therein without the express written consent of the other party.
8. 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.
DEPARTMENT OF JUSTICE / COPS MORE GRANT
Page 2
9. NOTICES
All notices and payments hereunder may be delivered or mailed. If mailed, they
shall be sent to the following respective addresses:
CITY OF AUBURN CITY OF ALGONA
(name) (name)
(address) (address)
(address) (address)
(phone number) (phone number)
(Fax number) (Fax number)
CITY OF FIFE CITY OF KENT
(name) (name)
(address) (address)
(address) (address)
(phone number) (phone number)
(Fax number) (Fax number)
CITY OF PACIFIC CITY OF PUYALLUP
(name) (name)
(address) (address)
(address) (address)
(phone number) (phone number)
(Fax number) (Fax number)
CITY OF RENTON CITY OF SUMNER
(name) (name)
(address) (address)
(address) (address)
(phone number) (phone number)
(Fax number) (Fax number)
CITY OF TUKWILA
(name)
(address)
(address)
(phone number)
(Fax number)
or to such other respective addresses as either party hereto may hereafter from time to
time designate in writing. All notices and payments mailed by regular post (including first
class) shall be deemed to have been given on the second business day following the date
of mailing, if properly mailed and addressed. Notices and payments sent by certified or
registered mail shall be deemed to have been given on the day next following the date of
mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the
United States Postal Service shall be conclusive evidence of the date of mailing.
10. 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
DEPARTMENT OF JUSTICE / COPS MORE GRANT
Page 3
origin, sex, age, or the presence of any sensory, mental or physical handicap be
discriminated against or receive discriminatory treatment by reason thereof.
11. 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 of the county in Washington State in which the property or
project is located, and if not site specific, then 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. The duration of this Agreement shall be for or for the period of time it
reasonably takes for the performances by the parties as completed herein.
E. 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.
F. The purpose of this Agreement is to accomplish the objectives of this
Agreement.
G. The funding of the respective obligations of the parties shall be out of the
respective general funds/current expenses of the parties, except as otherwise specifically
provided.
H. 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.
I. Unless a joint oversight and administration board is created as provided
herein, the oversight and administration of the Agreement shall be by the respective named
representatives identified in Paragraphs 2 and/or 9 hereof, or their designees.
J. Unless otherwise specifically provided herein, any real property to be held in
connection herewith, if applicable, shall be held as the separate property of the party or
parties in whose name(s) the property is/was acquired.
K. No provision of this Agreement shall relieve either party of its public agency
obligations and or responsibilities imposed by law.
L. 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
DEPARTMENT OF JUSTICE / COPS MORE GRANT
Page 4
materially interferes with or defeats the purposes hereof, at which time the City shall have
the right to terminate the Agreement.
M. 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.
N. Copies of this Agreement shall be filed with the Auditor's Office of the
county in Washington State in which the property or project is located, and if not site
specific, then in the King County Auditor's Office; the Secretary of State of the State of
Washington; 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.
CITY OF ALGONA
. /-. e.tA../ ,'S
By:
Its:
ATTEST: ;fJt1tC:tIc~
City Clerk
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF FIFE
CITY OF KENT
By:
Its:
By:
Its:
ATTEST:
City Clerk
ATTEST:
City Clerk
APPROVED AS TO FORM:
APPROVED AS TO FORM:
City Attorney
City Attorney
DEPARTMENT OF JUSTICE / COPS MORE GRANT
Page 5
CITY OF PACIFIC
By:
Its:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF RENTON
By:
Its:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF TUKWILA
By:
Its:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
DEPARTMENT OF JUSTICE / COPS MORE GRANT
CITY OF PUYALLUP
By:
Its:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF SUMNER
By:
Its:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Page 6