HomeMy WebLinkAboutITEM V-Fcrnr or
AGENDA BILL APPROVAL FORM
# WASHINGTON
Agenda Subject:
Date:
Resolution No. 4683
January 26, 2011
Department:
Attachments
:
Budget Impact:
Information Services
Resolution No. 4683 & IT Services
ILA w/Auburn
Administrative Recommendation:
City Council to adopt Resolution No. 4683
Background Summary:
In late 2010, the City of Algona approached City of Auburn requesting that we enter into an Interlocal
Agreement for Information Services Support of their City computer systems. We have supported their
police department with Spillman Records management software for the past several years. This
agreement extends the service to network and desktop support, virus and operating system patch
management and technical recommendations. Al
gona will pay a monthly flat rate for remote services and
will pay time and materials for extended services
. This is a cost recovery ILA.
T0222-01
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ® Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ® Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD
❑ Fire ❑ Planning
❑ Park Board ❑ Public Works
❑ Legal ❑ Police
❑ Planning Comm. ❑ Other
❑ Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No
Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Backus
Staff: Rempher
Meeting Date: February22, 2010
Item Number:
4 1
RESOLUTION NO. 4 6 8 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
AUBURN AND THE CITY OF ALGONA FOR
INFORMATION SERVICES TECHNOLOGY
WHEREAS, RCW 39.34 authorizes public agencies to enter into
interlocal agreements; and
WHEREAS, the City of Algona has the need for professional information
technology 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 and the Auburn City Clerk are
hereby authorized to execute an Interlocal Agreement between the City of Auburn and
the City of Algona 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.
Section 3. This resolution shall be in full force and effect upon passage and
signatures hereon.
Resolution No. 4683
January 27, 2011
Page 1 of 2
Dated and Signed this day of 12011.
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
CITY OF AUBURN
PETER B. LEWIS, MAYOR
Resolution No. 4683
January 27, 2011
Page 2 of 2
CITY OF AUBURN - CITY OF ALGONA
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 day of
20117 by and between the CITY OF AUBURN, a municipal
corporation of the State of Washington (hereinafter referred to as "Auburn"), and the CITY
OF ALGONA, a municipal corporation of the State of Washington (hereinafter referred to
as "Algona"),
W I T N E S S E T H :
WHEREAS, Algona seeks professional information technology ("IT") services; 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 Algona, in a good and professional manner the tasks
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 Algona. 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 Algona 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
INTERLOCAL AGREEMENT
February 1, 2011
Page 1 of 12
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 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 Algona 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 Algona 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. ALGONA'S RESPONSIBILITIES
Algona 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 Algona's representative with
respect to the services described in Exhibit A. Algona's designee shall have
complete authority to transmit instructions, receive information, interpret and
define Algona'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.
5. ACCEPTABLE STANDARDS
Auburn shall be responsible to provide, in connection with the services
INTERLOCAL AGREEMENT
February 1, 2011
Page 2 of 12
contemplated in this Agreement, work products and services of a quality and
professional standard acceptable to Algona.
6. COMPENSATION
Compensation for Auburn's performance of the services provided for herein are
attached hereto as Exhibit B and by this referenced made a part of this
Agreement. Auburn shall submit to Algona a monthly invoice and Algona 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.
TIME FOR PERFORMANCE AND TERM OF AGREEMENT
Auburn shall not begin any work under this Agreement until authorized by
Algona's representative. 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. This Agreement shall terminate on
12/31/2011. This Agreement may be extended for two additional one-year
periods upon written agreement of the Parties.
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 Algona, and may be
used by Algona for any purpose beneficial to Algona.
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 Algona 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.
INTERLOCAL AGREEMENT
February 1, 2011
Page 3 of 12
11. ADMINISTRATION OF AGREEMENT
This Agreement shall be administered by Lorrie Rempher, Information Services
Director or designee on behalf of Auburn, and by Diana Quinn, City Administrator
or designee on behalf of Algona. 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 ALGONA
Information Services
City Administration
Lorrie Rempher
Diana Quinn
25 W Main St
Auburn, WA 98001-4998
Phone: 253-288-3160
Phone:
Fax: 253-804-3116
Fax:
E-mail: Irempher@auburnwa.gov E-mail
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.
13. INSURANCE
Algona shall maintain in full force throughout the duration of this Agreement
comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence/aggregate for personal injury and property damage.
This requirement shall be deemed satisfied by evidence of Algona's membership
in a municipal self-insurance pool, including evidence of 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
$1,000,000 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 Algona.
INTERLOCAL AGREEMENT
February 1, 2011
Page 4 of 12
14. INDEMNIFICATION
a. Algona 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 Algona'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 Algona; and provided
further, that nothing herein shall require Algona 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 Algona 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 Algona 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 Algona,
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 Algona, its
agents, employees and/or officers from any claims arising from the sole negligence
of Algona, its agents, employees, and/or officers. No liability shall attach to Algona
by reason of entering into this Agreement except as expressly provided herein.
15. WAIVER OF SUBROGATION
Algona 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 Algona or Auburn.
16. COMPLIANCE WITH REGULATIONS AND LAWS
INTERLOCAL AGREEMENT
February 1, 2011
Page 5 of 12
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
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.
INTERLOCAL AGREEMENT
February 1, 2011
Page 6 of 12
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.
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 filed with the King County Auditor's Office
and the respective Clerks of the parties hereto.
INTERLOCAL AGREEMENT
February 1, 2011
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
Peter B. Lewis
Auburn Mayor
CITY OF ALGONA
Print Name:
Title:
Attest:
Danielle Daskam,
Auburn City Clerk
Approved as to form:
Daniel B. Heid
Auburn City Attorney
Attest:
Print Name:
Title:
Approved as to form:
Print Name:
Title:
INTERLOCAL AGREEMENT
February 1, 2011
Page 8 of 12
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
ON THIS day of , 2011, before me personally
appeared and to
me known to be the and of
a municipal corporation, the corporation that
executed the within and foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that they were authorized to execute said instrument, and
the seat of said municipal corporation is affixed hereon.
WITNESS my hand and official seal hereto the day and year in this certificate first above
written.
NOTARY PUBLIC in and for the State
of Washington, residing at
My Commission Expires:
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
ON THIS day of , 2011, before me personally
appeared and to
me known to be the and of
a municipal corporation, the corporation that
executed the within and foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that they were authorized to execute said instrument, and
the seat of said municipal corporation is affixed hereon.
WITNESS my hand and official seal hereto the day and year in this certificate first above
written.
NOTARY PUBLIC in and for the State
of Washington, residing at
My Commission Expires:
INTERLOCAL AGREEMENT
February 1, 2011
Page 9 of 12
EXHIBIT A
SCOPE OF SERVICES
Services Provided:
• General network and desktop support
• Operating system patch management
• Virus protection software management
• Technical recommendations
Requesting support:
All requests for service should be emailed to helpdesk(a)-auburnwa.gov. The request
will be forwarded to City of Auburn technical staff for resolution.
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 by Mayor, Police Chief or City Administrator, support outside regular
business hours will be provided on an emergency basis. If you need an immediate
response during off hours and have the appropriate authorization, please email
helpdesk(a)auburnwa.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 Algona.
• City of Auburn will assist and provide recommendations on hardware and
software purchases. All hardware and software purchases are the responsibility
of City of Algona.
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.
INTERLOCAL AGREEMENT
February 1, 2011
Page 10 of 12
EXHIBIT B
COST OF SERVICES
Support Function
Operating Hours
Billing rate
Monthly cost
General Network and desktop
M - F, 7 a.m. - 5 p.m.
$500.00 / month
$500.00
maintenance and support including
excluding holidays
operating system patch management,
virus system software management,
general troubleshooting and problem
resolution that can be via remote
access/phone.
Network and desktop repair and
M - F, 7 a.m. - 5 p.m.
$75 / hour
Per hour as
maintenance that require onsite support.
excluding holidays
required
All support responses by City of Auburn
Non business hours
$110 / hour with
Per incident as
technical support staff.
one hour minimum
required
Note: COA technical support staff will not
respond without authorization from
Mayor, Police Chief or City Administrator.
Netmotion Client Software
n/a
Client billed at
Per event
actual cost when
added to Algona
PC
Maintenance billed
at actual cost
when invoiced to
City of Auburn by
Netmotion
Virus Protection Software
n/a
Yearly
Yearly
maintenance billed
per machine at
actual cost when
invoiced to City of
Auburn by
software vendor
INTERLOCAL AGREEMENT
February 1, 2011
Page 11 of 12
INTERLOCAL AGREEMENT
February 1, 2011
Page 12 of 12