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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