HomeMy WebLinkAboutITEM IV-BAGENDA BILL APPROVAL FORM
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Agenda Subject: Resolution No. 4712 Date: May 17, 2011
Department: Attachments: Resolution No. 4712 Budget Impact:
Administrative Recommendation: City Council to approve Resolution No. 4712
Background Summary:
The City of Auburn has interaction with the Washington State Department of
Corrections involving its Community Correction Officers. It would make sense and
would be advantageous to the City and the State for the parties to enter into an
agreement for identification of responsibilities and obligations of the respective agencies
in connection therewith. The proposed agreement agrees the responsibilities of both
the State and the City and identifies methodology for cooperation between the two.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0 ❑ 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
Action: Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing I l
Referred to Until I l Tabled Until I I
Councilmember: Peloza Staff: Lee
Meetin Date: Item Number:
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RESOLUTION N0.4_
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR OR HIS DESIGNEE TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF AUBURN
AND THE WASHINGTON STATE DEPARTMENT OF
CORRECTIONS FOR SERVICES INVOLVING
DEPARTMENT COMMUNITY CORRECTION
OFFICERS AT THEAUBURN JUSTICE CENTER
WHEREAS, the City of Auburn and the Washington State Department of
Corrections has interaction between the two agencies relating to correctional
activities involving people at the Auburn Justice Center; and
WHEREAS, It would be appropriate and advantageous for the City and
the State Department of Corrections to enter into a contract, Contract Number
K9079, to identify the responsibilities and obligations of the parties in
connection with the activities and services performed by or involving
Department Community Correction Officers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor or his designee is hereby authorized to execute
an agreement between the City of Auburn and the Washington State
Department of Corrections for services involving Community Correction Officers
of the Department of Corrections in substantial conformity with the agreement
attached hereto, marked as Exhibit "A" and incorporated herein by this
reference.
Resolution No. 4712 May 17, 2011
Page 1 of 1
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.
Dated and Signed this day of , 2011.
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Resolution No. 4712 May 17, 2011
Page 2 of 2
STATE
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J[jrn~~~~~~~~c~~l Al ~~~~~~~~rn~ ~"Agreement") is made by the state of Washington,
Department of Corrections, hereinafter referred to as Department, and Auburn Police
Department, hereinafter referred to as Agency.
WHEREAS, RCVV Chapter 39.34 ~Interlocal Cooperation Act) permits state agencies and local
Governments to make the most efficient use of their powers by authorizing them to enter into
Agreements with each other, in order to provide services and facilities in a manner best serving the needs and development of their local communities.
WHEREAS, the purpose of this Agreement is to allow Department to place Community
Corrections Officers ~"CCO's"} at the premises ownedloperated by Agency located at 340 East
main Street, Suite 201, Auburn WA 98002.
NOVA THEREFORE, inconsideration of the terms and conditions contained herein, Department and Agency agree as follows:
1. Agency Responsibilities: Agency shall provide:
A. Office space for one ~1 } CCO at premises, to include a desk, file cabinet and
telephone line. Premises will be accessible #o the CCO seven days a week, twenty-
four hours per day.
B. A mail box slot at Premises to which CCO has access. ~ C. Jan~tor~al service for the office space.
2. Department Responsibilities: Department shall:
A. Keep the office space clean
B. Wear Department identification at all times when within the building.
C. Escort visitors at all times while within the building. D. Provide, install, and maintain a reporting kiosk, as applicable.
E. Procure, install, and maintain VPN connectivity attachment A}.
3. Mutual benefits: This Agreement improves both parties ability to carry out public safety
responsibilities through:
A. Joint Operations covering events, holidays, and homelfield contact. B. Immediate response regarding felons under Department supervision.
C. Joint involvement in Communitygroups.
D. information sharing resources, such as wanted persons information and local
ongoing community concerns.
4. Access to i nformation:
A. Access to all Department computer systems and files are restricted to the CCO. Department will follow its policy for dissemination of any information from its
computer systems and files.
State of Washington Interlocal Agreement Page 1 of 3
Department of Corrections I{9079 118361
B. Access to all Agency computer systems and files are restricted to Agency personnel
unless trained and authorized. The Agency will follow its policy and applicable law concerning dissemination of all Agency information.
5. Term; This agreement shall take effect April 15, 2011 and shat! continue in effect until
terminated March 31, 2D13. This Contract Agreement maybe extended by mutual
agreement of the parties for two ~2}additional one-year periods or portions thereof. Any
. such extension shall be evidenced by a properly completed written amendment to this Agreement. Either party may terminate this Agreement by giving thirty X30}days written
notice to the other.
6 Hold Harmless: Each party to this Agreement shall be responsible for its own acts
andlor omissions and those of its officers, employees, and volunteers. No party to this
Agreement shall be responsible for the acts andlor omissions of entities or individuals
not a party to this Agreement.
Contact Persons: The parties stipulate that the following persons sha11 be the contact
person for their respective jurisdiction.
A. William T Pierson, Assistant Chief of Police, Auburn Police Department, 340 East
Main Street, suite 201, Auburn WA 98002, X253} 816-1996,
wpierson~auburnwa.gav
B. Curtis Crisp, Community Corrections Supervisor, Department of Corrections, NW 240 Auburn Office, Auburn WA. 98002, X253) 931-5343, curtis.cris doc.wa. ov.
8. Nothing herein shall require or be interpreted to:
A. Waive any defense arising out of RCW Title 51.
S. Limit or restrict the ability of either entity or employee or legal counsel for either entity
or employee to exercise any right, defense or remedy which a party to a lawsuit may have with respect to claims for third parties, including, but not limited to, any good
faith attempts to seek dismissal of legal claims against a party by any proper means
allowed under the civil rules in either state or federal court.
9. General Provisions;
A. Entire Agreement. This Agreement contains all of the terms with respect to any
matter covered or mentioned in this Agreement. B. Modification. No provision of this Agreement may be modified except by written
agreement signed by the Parties.
C. Successors,. This Agreement shall be binding upon the Parties' successors in
interest and assigns.
D. Severability. Any provision of this Agreementwhich is declared invalid or illegal shall
in noway affect or invalidate any other provision. E. Default. In the event that either of the Parties defaults on the performance of any
terms of this Agreement or either party places the enforcement of this Agreement in
the hands of an attorney, or f les a lawsuit, each Party shall pay all its own attorneys'
fees, costs and expenses.
F. Venue. The venue for any dispute related to this Agreement shall be Thurston
County, Washington.
G. Vvaiver. Failure of the Agency to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive
such breach or default. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor.
State of Washington Interloca! Agreement Page 2 of 3
Department of Corrections K9079 118361
H. Performance. Time is of the essence of this Agreement and each and all of its
provisions in which performance is a factor.
14. Governance: This Agreement is entered into pursuant to and under the authority
granted by the laws of the state of Washington and any applicable federal laws. The
provisions of this Agreement shall be construed to conform to those laws.
In the event of an inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order:
A. Applicable state and federal statutes and rules; and
B. Statement of work; and
C. Any other provisions of the Agreement, including materials incorporated by
reference.
THIS lnterlocal Agreement, consisting of three ~3}pages and one (1 }attachment, is executed by the persons signing below who warrant that they have the authority to execute the Agreement.
AUBURN POLICE PARTMENT DEPARTMENT aF CORRECTIONS
(Signature} (Signa#ure)
Wei ~2~ Ga Bannin
rY 9 (Printed Name) ~ ~ ~ ~ (Printed Name
hief of Police Contracts Administrator
(Title} (Title
(Date} (Date}
Approved as to Form:
This Interlacal Agreement format was approved
as to form by the Office of the Attorney General,
State of Washington interlocal Agreement Page 3 of 3
Department of Corrections K9019 118361
Attachment A
VPN Connectivity Agreement
PURPQSE
The Auburn Police Department hosts a Department of Corrections', Community Corrections'
Officer ~CCC} at their location. The specific locations are identified in the main contract, of
which this is an addendum. The Agency has agreed to allow the CCU use of their network
infrastructure and Internet connectivity for the purpose of connecting to the Department
network via a Virtual Private Networking VPN}session. This Addendum will outline agreed
upon roles and responsibilities between the Department and the Agency, for the support of
the described connectivity.
PART I - DEPARTMENT RESPGNSIBILITIES
~ . The Department will supply the software client and digital key fob for Department
staff to use in establishing their VPN connection to the Department network. The
software, fob, and resultant VPN connection to the Department network will only be
used by authorized Department staff using their Department owned and managed
computing equipment.
2. The Department will ensure that the VPN software installed, on their owned
computer, will not allow split tunneling. This means that Department staff will not be
able to connect to the Agency resources on their network, such as printers, files,
terminal services, desktop faxing, or the like. The sole purpose and use of the
Agency infrastructure and its provision of Internet connectivity will be strictly for the
connection of Department owned computers to the Department network, to access Department data and resources.
PART II - AGENCY RESPQNSIBILITIES
~ . The Agency Information Technology department agrees to provide the network
infrastructure and Internet connectivity that will allow the Department staff to
establish a VPN connection to the Department network.
2. vllhen there are scheduled Agency network outages, which may impact Department
staff connectivity to the Department network, the Agency agrees to notify the
Department staff as soon as they reasonably can.
3. The Agency information Technology Director shall have the Tina! authority to determine the schedule and services, to be provided by the Agency employees, to
carry out the Agency's responsibilities under this agreement.
4. The Agency staff will not use the Department VPN connection to gain access to
Department data or resources.
PART lil -CHARGES FOR SERVICE where a licabie
The Agency will be compensated for the services provided herein, as follows;
The Agency will be compensated at the rate of $25,00` per hour for any services
performed by Agency staff, as required to support the Agency infrastructure in place
State of Washington K9079 Page 1 of 2
Department of Corrections Attachment A
far the Department's use in connecting its computing equipment to the Department
network. The Agency will notify the Department of any billable work to be preformed
by their staff prior to any work being done. The approval to proceed with requested
work will be provided by the Deparkments' Community Corrections supervising Field
Administrator. All work that impacts or alters the Department's owned computers connection to the Department network equipment will be accomplished in
coordination with the Department's local Information Technology staff.
2. Any increases to these agreed upon charges must be made, in writing, to the
Department at a minimum X34} days advance notice. Normally, increases in cost for
the services provided by the Agency should be negotiated when the contract is
reviewed.
Thls amounf represents rni~-range lTS4 hourly rate.
State of Washington K9079 Page 2 of 2
Department of Corrections Attachment A '