HomeMy WebLinkAbout09-22-2011 Agenda Packet
Municipal Services Committee
September 12, 2011 - 3:00 PM
City Hall Conference Room 3
AGENDA
I. CALL TO ORDER
A. Roll Call
B. Announcements
C. Agenda Modifications
II. CONSENT AGENDA
A. Municipal Services Minutes 8/22/11*
B. Municipal Services Project No. 1110* (Dowdy)
Permission to initiate Project No. MS1110, Jacobsen Tree Farm and Fields
Residential Buildings Demolition Project
III. RESOLUTIONS
A. Resolution No. 4729* (Rempher)
A Resolution of the City Council of the City of Auburn, Washington, approving the
formation of the Community Connectivity Consortium, a public corporation, authorizing
the Mayor and City Clerk to enter into an Interlocal Agreement establishing the
Community Connectivity Consortium between the City and other government agencies
for the construction and management of fiber optic projects, and approving the charter
of the Community Connectivity Consortium
IV. DISCUSSION ITEMS
A. Resolution No. 4748* (Rempher)
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 Pacific for information services technology
B. Animal Services* (Heineman)
C. Matrix*
V. ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at
the City Clerk's Office.
*Denotes attachments included in the agenda packet.
AGENDA BILL APPROVAL FORM
Agenda Subject:
Municipal Services Minutes 8/22/11
Date:
September 7, 2011
Department:
Police
Attachments:
Municipal Services Minutes 8/22/11
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
For Information Only
Reviewed by Council Committees:
Councilmember:Peloza Staff:
Meeting Date:September 12, 2011 Item Number:CA.0
AUBURN * MORE THAN YOU IMAGINEDCA.0
Page 1
MUNICIPAL SERVICES COMMITTEE
August 22, 2011
__
AGENDA
I. CALL TO ORDER 3:00 PM, AUBURN CITY HALL, 25 W. MAIN STREET,
CONFERENCE ROOM NO. 3, 2ND FLOOR
Chair Peloza called the meeting to order at 3 p.m. in Conference Room 3 on the
second floor of City Hall, 25 West Main Street, Auburn WA. Members present:
Chair Bill Peloza, Vice Chair Sue Singer, Member John Partridge. Staff present:
Mayor Pete Lewis, Police Chief Bob Lee, HR/Risk Management Director Brenda
Heineman, Public Works Director Dennis Dowdy, Planning Director Kevin
Snyder, IS Director Lorrie Rempher, Government Relations Manager Carolyn
Robertson, Airport Manager Jamelle Garcia, Financial Planning Manager Martin
Chaw, Employee Relations/Compensation Manager John Fletcher,
Project/Construction Manager Steve Burke, Financial Services Manager Rhonda
Ewing, Police Secretary/Scribe Kathy Emmert. Others present: Auburn Valley
Humane Society Board members Paul Pumilia M.D., David Jarvey, Tiffiny Wiley,
Don Edwards D.V.M., and Reed Astley, citizens Wayne Osborne and Largo
Whales and Auburn Reporter representative Robert Whale.
II. AGENDA MODIFICATIONS
III. CONSENT ITEMS
A. Approval of Minutes of the August 8, 2011 Municipal Services
Committee Meeting
Vice Chair Singer moved to accept the Minutes as presented. Member
Partridge seconded. Chair Peloza concurred.
MOTION CARRIED: 3-0
IV. ORDINANCES AND RESOLUTIONS (Action Items)
A. Resolution No. 4734* (Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
amending the City of Auburn Fee Schedule relating to the Auburn
Municipal Airport
Airport Manager Garcia explained the background and purpose of the
proposed fees. Vice Chair Singer moved to forward to the full Council for
acceptance. Member Partridge seconded. Chair Peloza concurred.
MOTION CARRIED: 3-0
CA.0
Municipal Services Minutes August 22, 2011
Page 2
V. INFORMATION / DISCUSSION ITEMS
A. Animal Control & Licensing Program (Snyder)
Directors Snyder and Heineman updated the Committee. The City has 2
canvassers out generating additional licensing fees. After reviewing the
marketing plan of the Auburn Valley Humane Society (AVHS), the City
may configure what would have been a full time employee to manage the
licensing program to include marketing other aspects of the city’s
enterprise funds with animal control and licensing included.
B. Resolution No. 4747* (Heineman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute an agreement between
the City of Auburn and Auburn Valley Humane Society (AVHS) for animal
control services
Director Heineman discussed the documents included in the packet and
changes were recommended which will be made only with the consent of
the City Attorney. Representatives of the AVHS Board of Directors were
in attendance and are amenable to the adjustments discussed. The
Committee expressed support of this project.
The packet of information will be updated and discussed at the upcoming
Committee of the Whole (COW) meeting to be held August 29, 2011.
Following the COW, the Resolution will be forwarded to the full Council for
acceptance at the September 6 meeting.
C. Resolution No. 4729* (Rempher)
A Resolution of the City Council of the City of Auburn, Washington,
approving the formation of the Community Connectivity Consortium, a
Public Corporation, authorizing the Mayor and City Clerk to enter into an
Interlocal Agreement establishing the Community Connectivity Consortium
between the City and other government agencies for the construction and
management of fiber optic projects, and approving the charter of the
Community Connectivity Consortium
Director Rempher explained the purpose of this resolution is simply to
accommodate the reorganized entity to which the City is already a
member. By doing so, the City remains an entity with a voice in the
decisions and projects taken on by the Consortium. At this point there is
no “dues” required of consortium members. However, if at some point in
the future dues are required, the City could elect to remain a non-voting
member which does not require dues payment. If that were to happen,
the City would lose its voice in determining projects and priorities.
The Committee supports this resolution.
CA.0
Municipal Services Minutes August 22, 2011
Page 3
D. Golf Course Working Capital Review* (Coleman)
Financial Planning Manager Chaw discussed the documents in the packet
outlining the 2010 and 2011 comparison of all components of the golf
course (golf, restaurant, and banquet facilities). These were put in context
with the 2011 budget. The budget will be adjusted with Ordinance No.
6370 to reflect a more accurate picture of expected revenues and
expenses for the remainder of 2011.
It was noted that this enterprise fund is particularly dependent upon
weather and the economy, both of which has affected revenues in the past
couple of years. The Mayor, Councilmember Peloza and Ciredtor Faber
recently met with the Copper Falls Restaurant operator and developed a
strategy for future marketing including retaining a private golf consulting
firm charged with two specific goals. They are to (1) review all aspects of
the finances and operations and (2) review policies.
The Committee will continue to review the golf course working capital
status monthly.
E. Ordinance No. 6370* (Coleman) (BA#4)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Ordinance No. 6339, the 2011-2012 Biennial Budget Ordinance
as amended by Ordinance No. 6351, Ordinance No. 6352 and Ordinance
No. 6362 authorizing amendment to the City of Auburn 2011-2012 Budget
as set forth in Schedule “A”
Financial Planning Manager Chaw responded to questions and clarified
the items included in this amendment.
The Committee supports this Ordinance.
F. Airport – Northwest Skyraiders Memorandum of Understanding*
(Coleman)
Airport Manager Garcia explained the purpose of this MOU providing for
this hobby group to utilize airport facilities, primarily located on the 3
southern acres of the airport. It will be used for their competitions and
pleasure flying of their tethered aircraft. In addition, there will be a $100
per month charge with using the facilities. It was noted the group’s
competitions with other similar organizations brings tourist dollars to
Auburn which is viewed as a positive for continuing to develop the
relationship with this group.
G. Matrix*
The Matrix is amended as follows:
Item 20P – remove the sentence “The newly formed Animal Control Task
Force will update the Committee.” from the Status language.
CA.0
Municipal Services Minutes August 22, 2011
Page 4
Item 25P – remove the language “Receiving monthly construction updates
electronically” from the Status language.
VI. ADJOURN
The meeting adjourned at 4:52 p.m.
Next meeting – Monday, September 12, 2011 at 3 p.m. in City Hall.
Signed this ____ day of September, 2011.
________________________________ _______________________________
Bill Peloza, Chair Kathy Emmert, Police Secretary/Scribe
CA.0
AGENDA BILL APPROVAL FORM
Agenda Subject:
Municipal Services Project No. 1110
Date:
September 6, 2011
Department:
Public Works
Attachments:
Budget Status Sheet
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
Municipal Services Committee grant permission to initiate Project No. MS1110, Jacobsen Tree
Farm and Fields Residential Buildings Demolition Project.
Background Summary:
The purpose of this project is to demolish City owned residential buildings located at 12913 SE
294th Street, 13009 SE 294th Street and 32882 56th Ave S. The first two properties are known
as the Jacobsen Tree Farm. The last property is known as the Fields Property. There is one
residence located at each address, for a total of three residences. In addition, the 13009 SE
294th Street property also contains two sheds and a metal clad pole barn. The metal clad pole
barn will not be demolished because the City intends to use the barn for storage of materials for
street maintenance needs on Lea Hill. The demolition will include the removal of hazardous
materials from the properties (asbestos and lead paint) and the severance of existing utilities
serving the properties.
Demolition is anticipated to occur in late 2011.
The project estimate is $170,000 and there is currently $142,000 available in the 505
(Facilities) fund for this project. A project increase of $28,000 within the 505 (Facilities) fund
may be necessary; however it will not require a budget adjustment since it is anticipated that
the budgeted expenditures in the 505 (Facilities) fund will not be exceeded this year.
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:Dowdy
Meeting Date:September 12, 2011 Item Number:CA.0
AUBURN * MORE THAN YOU IMAGINEDCA.0
Project No: MS1110Project Title:
Project Manager: Leah Dunsdon
Project Initiation
Initiation Date: Permision to Advertise
Advertisement Date: Contract Award
Award Date: Change Order Approval
Contract Final Acceptance
Funding Prior Years 20112012 2013 Total
505.00.524.500.48 Fund 142,000 142,000
Total 0142,00000142,000
Activity Prior Years 20112012 2013 Total
Design Engineering - City Costs**0
Design Engineering - Consultant Costs 2,500 2,500
Construction Estimate 142,000 142,000
Project Contingency (10%)14,200 14,200
Funds Budgeted (Funds Available)
BUDGET STATUS SHEET
Jacobsen Tree Farm and Fields Residential Buildings Demolition
Project
Date: Sept. 1, 2011
The "Future Years" column indicates the projected amount to be requested in future budgets.
Estimated Cost (Funds Needed)
Project Contingency (10%)14,200 14,200
Construction Engineering - City Costs**0
Construction Engineering - Consultant Costs11,300 11,300
Total 0170,00000170,000
Prior Years 20112012 2013 Total
*505 Funds Budgeted ( )0(142,000)00(142,000)
505 Funds Needed 0170,00000170,000
*505 Funds Project Contingency ( )00000
505 Funds Required 028,0000028,000
* ( # ) in the Budget Status Sections indicates Money the City has available.
**City Staff Costs are allocated from the General Engineering budget for Public Works staff.
505 Facilities Budget Status
H:\PROJ\MS1110-Jacobsen Tree Farm & Fields Demo\Budget\BudgetStatusSheet.xls
9/1/2011
CA.0
CA.0
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4729
Date:
August 22, 2011
Department:
Information Services
Attachments:
Resolution 4729 - Community
Connectivity Consortium Interlocal
Interlocal Agreement Establishing CCC
Charter of the Community Connectivity
Consortium
Budget Impact:
$0
Administrative Recommendation:
City Council Adopt Resolution 4729.
Background Summary:
In February of 2009, City of Auburn Council approved Resolution 4448 which adopted
an interlocal agreement with several cities, school districts and the University of
Washington to allow for jointly constructing and managing fiber optic projects. In order to
be more competitive in grant applications and to better serve a growing consortium
membership, the form of the organization has been changed to a Public Corporation.
The new Public Corporation ILA attached achieves the following:
Establishes a nine-member governance board including regional representation
from the Valley Cities. Currently Auburn and Renton are serving terms on the
Executive Board
Provides for joint ownership of future fiber resources
Provides a framework for managing decision making, project management, grant
application and funding
Provides better protection for all members from legal liability for the actions of the
consortium
Names the consortium the "Community Connectivity Consortium"
Simplifies future changes by defining the board responsibilities to include creation
and management of administrative policies.
The revised consortium is expected to pass a budget for the 2012 calendar year that
may require voting members to pay dues into the consortium to fund administrative costs
such as project management, grant management and fiber maintenance. The dues for
Auburn are not expected to exceed $3,000 and can be paid from existing fiber
AUBURN * MORE THAN YOU IMAGINEDRES.0
maintenance budget. The City may opt to become a non-voting member in the future
should that cost become more than the City deems acceptable. Non-voting members are
not subject to membership dues.
A3.16.12
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Rempher
Meeting Date:September 12, 2011 Item Number:RES.0
AUBURN * MORE THAN YOU IMAGINEDRES.0
----------------------------
Resolution No.
8.2.11
Page 1 of 3
RESOLUTION NO. 4729
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE FORMATION OF THE COMMUNITITY
CONNECTIVITY CONSORTIUM, A PUBLIC
CORPORATION, AUTHORIZING THE MAYOR AND
CITY CLERK TO ENTER INTO AN INTERLOCAL
AGREEMENT ESTABLISHING THE COMMUNITY
CONNECTIVITY CONSORTIUM BETWEEN THE
CITY AND OTHER GOVERNMENT AGENCIES FOR
THE CONSTRUCTION AND MANAGEMENT OF
FIBER OPTIC PROJECTS, AND APPROVING THE
CHARTER OF THE COMMUNITY CONNECTIVITY
CONSORTIUM.
WHEREAS, the City of Auburn (“City”) is a participant and member of the
Regional Fiber Consortium, the purpose of which is to construct and operate
regional fiber optic facilities; and
WHEREAS, the current members of the Regional Fiber Consortium, along
with new local government agencies, wish to establish a public corporation called
the Community Connectivity Consortium (“Consortium”) and enter into a new
interlocal agreement that updates and streamlines the Consortium’s policies and
procedures; and
WHEREAS, Chapter 39.34 RCW authorizes the City to enter into an
interlocal cooperation agreement to perform any governmental service, activity or
undertaking which each contracting party is authorized by law to perform and
RCW 35.21.730 through 35.21.759 authorizes the formation of a public
corporation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
AUBURN, HEREBY RESOLVES as follows:
RES.0
----------------------------
Resolution No.
8.2.11
Page 2 of 3
Section 1. That the Mayor is hereby authorized to execute on behalf of
the City an interlocal agreement substantially similar to that attached as Exhibit
A, which is entitled “Interlocal Agreement Establishing the Community
Connectivity Consortium.”
Section 2. The City hereby approves the creation of a public authority by
the City of Kirkland to be designated as the Community Connectivity Consortium
(“Consortium”). The purpose of the Consortium is to acquire, construct, operate,
manage and maintain a regional communications network that meets the needs
of community institutions, including but not limited to government agencies,
hospitals, schools and universities. The proposed form of ordinance to be
considered by the City Council of the City of Kirkland, along with a draft of the
Charter for the Consortium, attached hereto as Exhibits B and C respectively, are
hereby approved. The City hereby approves the formation by the City of Kirkland
of the Consortium by the approval of such Ordinance and Charter substantially in
the form presented to this Council.
Section 3. The Consortium shall be an independent legal entity
exclusively responsible for its own debts, obligations and liabilities. All liabilities
incurred by the Consortium shall be satisfied exclusively from the assets and
credit of the Consortium. No creditor or other person shall have any recourse to
the assets, credit or services of the City on account of any debts, obligations,
liabilities, acts or omissions of the Consortium.
RES.0
----------------------------
Resolution No.
8.2.11
Page 3 of 3
Section 4. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 5. That this Resolution shall take effect and be in full force
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
RES.0
Consortium Interlocal Final Page 1 of 8
INTERLOCAL AGREEMENT
ESTABLISHING THE COMMUNITY CONNECTIVITY CONSORTIUM
7+,6$*5((0(17 ³$JUHHPHQW´ LVHQWHUHGLQWRDPRQJWKHfollowing public agencies
organized under the laws of the State of Washington, hereinafter referred to as the
³Members´ZKLFKDUH parties signatory to this Agreement: (1) City of Bellevue; (2) City
of Kirkland; (3) Lake Washington School District; (4) University of Washington; (5)
Bellevue College; (6) Bellevue School District; (7) King County Public Hospital District
No. 2 d/b/a Evergreen Healthcare; (8) City of Federal Way; (9) City of Renton; (10)
Renton School District; (11) City of Seattle; (12) City of Algona; (13) City of Auburn; (14)
City of Kent; (15) City of Pacific; (16) City of Puyallup; (17) City of Tukwila; (18) Valley
Communications Center FROOHFWLYHO\WKH³3DUWLHV´ . This Agreement shall take effect
upon the signature of nine (9) or more of the Parties to this Agreement.
This AGREEMENT replaces the previous Interlocal Agreement: General Terms and
Conditions for Sharing Fiber Optic Installation Projects, which took effect on December
6, 2003 ³)LEHU,QWHUORFDO´ H[FHSWIRUWKHOLPLWHGSXUSRVHVVHWIRUWKLQ6HFWLRQRIWKLV
Agreement.
This Agreement is being made pursuant to the Interlocal Cooperation Act, Chapter
39.34 RCW, and pursuant to the authority granted for formation of public corporations in
RCW 35.21.730 through 35.21.759 , and has been authorized by the legislative body of
each jurisdiction signing this Agreement.
RECITALS
Whereas the University of Washington, Lake Washington School District, City of
Kirkland and City of Bellevue signed Interlocal Agreement: General Terms and
Conditions for Sharing Fiber Optic Installation Projects, effective December 6, 2003
(´)LEHU,QWHUORFDO´) for the purpose of outlining how the parties will work together on fiber
optic projects for the benefits of all the participating parties and established the original
backbone of the Fiber Consortium network through contributions of budget, fiber assets,
conduit, right of way and staff expertise; and
Whereas Evergreen Healthcare, Bellevue School District, City of Renton, Renton
School District, Bellevue College, City of Seattle and City of Federal Way have signed
the Fiber Interlocal and the joining amendments were fully executed by the participating
parties; and
Whereas all projects to be completed under the Fiber Interlocal were required to have a
Fiber Optic Project Agreement signed by all participating parties specifying lead agency
and participant roles, project schedule, budget, route, fiber allocation and ownership,
points of demarcation, maintenance responsibilities, and other details of each project;
and
RES.0
Consortium Interlocal Final Page 2 of 8
Whereas projects completed under a Fiber Optic Project Agreement defines the Fiber
Consortium network, which is separate from HDFKSDUWLFLSDWLQJSDUWLHV¶QHWZRUNVXQOHVV
WUDQVIHUVRIDSDUW\¶VILEHUDVVHWVZHUHH[HFXWHGWKURXJKD)LEHU2SWLF3URMHFW
Agreement; and
Whereas the growing Fiber Consortium network with additional agencies in the process
of joining and executing more projects has become cumbersome to manage under the
current structure. The City of Algona, City of Auburn, City of Kent, City of Pacific, City of
Puyallup, City of Tukwila, and Valley Communication Center have approved joining the
Consortium and executed a joining Fiber Optic Agreement; and
Whereas the members of the Fiber Consortium network are seeking grant opportunities
to fund expansion WRVHUYHPHPEHUV¶QHHGV and has been successful in recent grant
programs and thus the fiscal, administrative and project oversight responsibilities
require more structure; and
Whereas the forming of this Consortium pursuant to RCW 39.34.030 and RCW
35.21.730 through 35.21.759 will provide the additional structure that is required; and
Whereas the rights established for each participant in each Fiber Optic Project
Agreement shall not terminate with the replacement of the Fiber Interlocal.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
I. ESTABLISHMENT OF THE CONSORTIUM
The purpose of this Agreement is to create the Community Connectivity Consortium
³Consortium´ 7KHConsortium shall be created as a separate legal entity as
authorized by RCW 39.34.030 and shall be a public corporation pursuant to RCW
35.21.730 through 35.21.759. Upon approval and execution of this Agreement and
approval of the form of the Consortium Charter by nine (9) members, the Consortium
Charter shall be adopted by Ordinance by the City of Kirkland and then executed and
issued by the City of Kirkland.
II. PURPOSE
The mission of the Consortium is to create a vibrant and competitive region by providing
connectivity services to meet the needs of our community institutions ± hospitals,
universities, schools and government agencies. The Consortium shall have the
following purposes:
A. Create a regionally coordinated, open-access network that leverages the
assets and resources of the members using strategic opportunities to provide
low-cost, stable, robust, efficient connectivity services to members and their
communities.
RES.0
Consortium Interlocal Final Page 3 of 8
B. Ensure the network infrastructure remains free of encumbrance and can be
used for innovative opportunities by members.
C. Develop and enhance working relationships among members and explore
ways to the use the network collaboratively to make our community a better
place to live, work and play by sharing risks and rewards equitably.
D. Explore public/private partnerships to the benefit of the members and
member communities.
E. Achieve economies of scale through collaboration and coordination of
projects and investments.
F. Balance current needs with future needs in decision making to achieve lower
long-term costs.
III. PARTIES TO AGREEMENT
Each Party to this Agreement certifies that it intends to and does contract with all other
Parties who are signatories of this Agreement and, in addition, with such other Parties
as may later be added to and become signatories of this Agreement. Each current and
all future signatories to this Agreement shall be considered Parties hereto so long as the
signatory is a Voting Member of the Consortium.
IV. MEMBERSHIP/MEETINGS
Membership in the Consortium shall be limited to government agencies authorized to
become signatories to an Interlocal Agreement as authorized by RCW 39.34.030, and
who contribute assets, resources, and/or shared services for the benefit of Members.
The addition of new Members shall be subject to the approval of a simple majority of the
Consortium Board, as established by the Consortium, to manage its operations.
V. GENERAL PROVISIONS
A. Duration: This Agreement shall commence upon full execution and continue
to remain in existence as long as it has Consortium Members.
B. Work Product/Confidentiality: All work product including records, data,
information, documents, files, designs, sketches, finished or unfinished
documents or other documents, material or data produced in performance of
this Agreement shall become the property of the Consortium. All such work
product shall be kept confidential by all of the Consortium Members and the
Member¶VHPSOR\HHVDQGDJHQWVDQGVKDOOQRWEHPDGHDYDLODEOHWRDQ\
individual or organization by any Consortium Member without the prior written
consent of the Consortium Board or unless required pursuant to court order,
the Public Disclosure Act RCW 42.56 or other applicable law.
RES.0
Consortium Interlocal Final Page 4 of 8
C. Termination: Upon 180 days written notice by a Consortium Member, this
Agreement may be terminated and/or dissolved by a vote of ¾ of the voting
Consortium members at the next Consortium annual meeting. In the event
this Agreement is terminated and/or dissolved, assets shall be distributed by
the Consortium Board among Consortium Members after paying or making
provisions for the payment of all debts, obligations, liabilities, costs and
expenses of the Consortium. The distribution shall be based on the following:
1. Non-cash assets contributed without charge by a Consortium
member shall revert to the contributor. If the contributor is no longer a
member, then the asset shall be treated as if it was acquired with
Consortium funds.
2. The Consortium Board shall conduct a valuation of all remaining
assets. Assets acquired, using Consortium funds, after the effective date
of this Agreement shall be sold by the Consortium Board, if appropriate,
and the money or asset value distributed to those members still
participating in the Consortium on the day prior to the termination date.
The distribution shall be apportioned by taking the percentage that a
Member has contributed to the total Consortium budget over the existence
of this Agreement and applying that percentage to the remainder of the
assets, resulting in the amount each Member shall receive upon
distribution. Assets acquired after the effective date of this Agreement by
the Consortium via grant funds shall be distributed in accordance with the
terms of the grant and if no such provision exists in the grant, then
distributions shall be in accordance with the terms of this Agreement. A
Member can elect to take an asset in lieu of money.
If the Consortium Board is unable to fulfill these duties, any such asset not so
disposed of may be disposed of by a Court of Competent Jurisdiction of the
county in which the principal office of the Consortium is then located.
D. Miscellaneous: This Agreement constitutes the entire agreement of the
parties. No provision of the Agreement may be amended or modified except
by written agreement signed by at least 3/4 of all Voting Members. This
Agreement shall be binding upon and inure to the benef it of the PDUWLHV¶
successors in interest and assigns. This Agreement does not confer upon
any persons other than the current and all future Parties any rights or
remedies under this Agreement. Any provision of this Agreement which is
declared invalid or illegal shall in no way affect or invalidate any other
provision. The venue for any dispute related to this Agreement shall be King
County, Washington. Time is of the essence of this Agreement and each and
all of its provisions in which performance is a factor. This Agreement may be
executed in counterparts.
RES.0
Consortium Interlocal Final Page 5 of 8
This Agreement has been executed by each party on the date set forth below:
CITY OF BELLEVUE
By:______________________
Its:______________________
Date:____________________
Approved as to form:
_________________________
CITY OF KIRKLAND
By:______________________
Its:______________________
Date:____________________
Approved as to form:
_________________________
LAKE WASHINGTON SCHOOL
DISTRICT NO. 414
By:______________________
Its:______________________
Date:____________________
Approved as to form:
_________________________
UNIVERSITY OF WASHINGTON
By:______________________
Its:______________________
Date:____________________
Approved as to form:
_________________________
RES.0
Consortium Interlocal Final Page 6 of 8
BELLEVUE COLLEGE
By:______________________
Its:______________________
Date:____________________
Approved as to form:
_________________________
BELLEVUE SCHOOL DISTRICT NO. 405
By:______________________
Its:______________________
Date:____________________
Approved as to form:
_________________________
KING COUNTY PUBLIC HOSPITAL
DISTRICT NO. 2 d/b/a Evergreen
Healthcare
By:______________________
Its:______________________
Date:____________________
Approved as to form:
_________________________
CITY OF FEDERAL WAY
By:______________________
Its:______________________
Date:____________________
Approved as to form:
_________________________
CITY OF RENTON
By:______________________
Its:______________________
Date:____________________
Approved as to form:
_________________________
RENTON SCHOOL DISTRICT NO. 403
By:______________________
Its:______________________
Date:____________________
Approved as to form:
_________________________
RES.0
Consortium Interlocal Final Page 7 of 8
CITY OF SEATTLE
By:______________________
Its:______________________
Date:____________________
Approved as to form:
_________________________
CITY OF ALGONA
By:______________________
Its:______________________
Date:____________________
Approved as to form:
_________________________
CITY OF AUBURN
By:______________________
Its:______________________
Date:____________________
Approved as to form:
_________________________
CITY OF KENT
By:______________________
Its:______________________
Date:____________________
Approved as to form:
_________________________
CITY OF PACIFIC
By:______________________
Its:______________________
Date:____________________
Approved as to form:
_________________________
CITY OF PUYALLUP
By:______________________
Its:______________________
Date:____________________
Approved as to form:
_________________________
RES.0
Consortium Interlocal Final Page 8 of 8
CITY OF TUKWILA
By:______________________
Its:______________________
Date:____________________
Approved as to form:
_________________________
VALLEY COMMUNICATIONS CENTER
By:______________________
Its:______________________
Date:____________________
Approved as to form:
_________________________
RES.0
CHARTER OF THE COMMUNITY CONNECTIVITY CONSORTIUM, A WASHINGTON
PUBLIC CORPORATION
ARTICLE I
NAME AND SEAL
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³&RQVRUWLXP´ 7KHFRUSRUDWHVHDORIWKH&RQVRUWLXPVKDOOEHDcircle with the name of the
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ARTICLE II
AUTHORITY FOR CONSORTIUM; LIMIT ON LIABILITY
Section 1. Authority. The Consortium is a public corporation organized pursuant to
5HYLVHG&RGHRI:DVKLQJWRQ ³5&:´ 35.21.730 through 35.21.759, as the same now exist or
PD\KHUHDIWHUEHDPHQGHGRUDQ\VXFFHVVRUDFWRUDFWV WKH³$FW´ 2UGLQDQFH1RBBBBRIWKH
City of Kirkland, passed on ____________, 2011 and the Interlocal Agreement Establishing the
Community Connectivity Consortium adopted and approved by Consortium Members, a copy of
ZKLFKLVDWWDFKHGKHUHWRDV([KLELW$DQGLQFRUSRUDWHGKHUHLQE\WKLVUHIHUHQFH ³,QWHUORFDO
$JUHHPHQW´
Section 2. Limitation on Liability. All liabilities incurred by the Consortium shall be
satisfied (a) in the case of obligations or liabilities of the Consortium which are not limited
recourse in nature, exclusively from the assets, credit, and properties of the Authority, or (b) in
the case of obligations or liabilities of the Authority which, by their terms, are limited recourse
obligations, from such assets, properties or revenue of the Authority as shall be specifically
pledged thereto or otherwise identified as being the source of payment of such limited recourse
obligations or liabilities, and no creditor or other person shall have any right of action against or
recourse to Consortium Members, their assets, credit or services on account of any debts,
obligations, liabilities or acts or omissions of the Consortium.
Section 3. Liability of Consortium and Consortium Members. The following
disclaimer shall be printed or stamped on all contracts or other documents that may entail any
debt or liability by the Consortium:
7KH&RPPXQLW\&RQQHFWLYLW\&RQVRUWLXP ³&RQVRUWLXP´ Ls a public corporation
organized pursuant to the ordinances and approvals of the Consortium Members
and RCW 35.21.730 through 35.21.759 and RCW Chapter 39.34. RCW
35.21.750 provides as follows: ³[A]ll liabilities incurred by such public
corporation, commission, or authority shall be satisfied exclusively from the
assets and properties of such public corporation, commission, or authority and
no creditor or other person shall have any right of action against the city, town,
or county creating such corporation, commission or authority on account of any
debts, obligations, or liabilities of such public corporation, commission, or
authority.´
In no event shall the obligations of the Consortium be payable by recourse
against any properties, assets or revenues of the Consortium Members, the State
RES.0
of Washington or any other political subdivision of the State of Washington. No
person to whom such obligations are owed shall have any recourse or right of
action against the Consortium Members, the State of Washington or any other
political subdivision thereof on account of such obligations.
Any of the Consortium Members may, by ordinance or contract or pursuant to interlocal
agreement, agree to pay (on a contingent basis or otherwise) all or any portion of the
obligations of the Authority; however, (1) no Member shall be obligated beyond the
proportion of sum specified by ordinance or contract; and (2) no Member shall be
obligated, directly or indirectly for the obligations of another Member.
ARTICLE III
DURATION
The duration of the Consortium shall be perpetual except as provided in the
Interlocal Agreement.
ARTICLE IV
PURPOSE
The purpose of the Consortium is to acquire, construct, operate, manage and maintain a
regional communications network that meets the needs of community institutions, including but
not limited to government agencies, hospitals, schools and universities.
ARTICLE V
POWERS
The Consortium shall have and may exercise all lawful powers conferred by state laws,
the Interlocal Agreement, this Charter and its Bylaws that are consistent with the purpose of
the Consortium. The Consortium in all of its activities and transactions shall be subject to the
powers, procedures, and limitations contained in the Interlocal Agreement, this Charter and the
Bylaws.
ARTICLE VI
CONSORTIUM MEETINGS AND BOARD RESPONSIBILITIES
Section 1. Consortium Initial Meeting. Upon issuance of this Charter, there shall
be an initial meeting of Consortium Members within 60 days. At the initial meeting, Consortium
MemEHUVVKDOODGRSWWKH&RQVRUWLXP¶V%\ODZVDQGHOHFWWKH&RQVRUWLXP%RDUG7KH%\ODZV
shall be approved and a Board member shall be deemed elected to the Board if they receive a
majority vote of all Consortium Members with voting member status. Thereafter, the Board
VKDOOPDQDJHDQGRYHUVHHWKH&RQVRUWLXP¶VDFWLYLWLHVLQDFFRUGDQFHZLWKWKH,QWHUORFDO
Agreement.
Section 2. Board Meetings and Membership Meetings. The Board shall meet as
necessary to oversee the operations of the Consortium. After the initial meeting, the Consortium
Members shall meet no less than once per year. To the extent required by law, notice of
RES.0
Consortium meetings shall be given in a manner consistent with RCW Chapter 42.30, the Open
Public Meetings Act.
Section 3. Board Composition, Powers and Responsibilities.
A. Composition. The composition of the Consortium Board shall be set forth
in the Consortium Bylaws, provided that the composition of the Consortium Board may
not be changed without the approval of 75% or more of the Voting Members of the
Consortium. The Consortium Board shall recommend a representative composition of
the Board at the Annual Meeting.
B. Consortium Board Terms. The Consortium Board terms shall be set forth
in the Consortium Bylaws.
C. Powers. The Consortium Board shall govern the Consortium. The powers
RIWKH&RQVRUWLXP%RDUGVKDOOEHWR GHYHORSDQGUHFRPPHQGWKH&RQVRUWLXP¶V
Bylaws for approval by the Consortium Members; (2) create Consortium work programs;
(3) determine services to be provided; (4) develop an annual budget for adoption by
Consortium Members; (5) review and propose a membership policy; (6)
recommend a fee policy for approval by the Consortium Members; (7) make purchases
or contract for services to accomplish the purposes of the Consortium; (8) enter into
agreements with third parties for goods and services as necessary to carry out the
&RQVRUWLXP¶VSXUSRVHV KLUHVWDIIFRQVXOWDQWVRUSULYDWHYHQGRUVDVQHFHVVDU\
identify and contract for the services of Fiscal Agent for the purposes of carrying out and
recording Consortium financial transactions; (11) approve expenditures of funds; and
(12) conduct any and all other business allowed by applicable law. The incurrence of
debt by the Consortium requires the prior approval of all of the governing bodies of
current Voting Members.
D. Responsibilities of Consortium Board Members. Consortium Board
Members shall participate fully in matters before the Board, attend all meetings,
advocate on behalf of the Consortium, and contribute expertise to guide decisions.
E. Bylaws. The Consortium Members shall adopt Bylaws that govern
Consortium operations and decision making.
F. Consortium Membership. Membership in the Consortium shall be limited
to government agencies authorized to become signatories to an Interlocal Agreement as
authorized by RCW 39.34.030, and who contribute assets, resources, and/or shared
services for the benefit of members. The addition of new members shall be subject to
the approval of a simple majority of the Consortium Board, as established by the
Consortium, to manage its operations.
ARTICLE VII
VOTING
In conducting Consortium business, Voting Members will cast a single vote with all votes
being equal. A meeting quorum for Board Meetings shall be considered to be a simple majority
RES.0
of the Board Members. A meeting quorum for Consortium Member meetings shall be a simple
majority of Voting Members. It is the desire of the Consortium that decisions be made by
consensus, but a simple majority vote of all of the Voting Members present, either in person,
electronically or by proxy, shall decide matters at Consortium Member meetings. A simple
majority vote of all of the board members present, either in person, electronically or by proxy,
shall decide matters at Consortium Board meetings. A second vote may be called in the event
of a tie to arrive at a decision. A second tie will table the discussion until the next regularly
scheduled meeting.
ARTICLE VIII
FINANCE AND BUDGET
The Consortium Board is authorized to accept grants and such other financial
opportunities as may arise in order to accomplish the purposes of the Consortium consistent
with Chapter 39.34 RCW. The Consortium is empowered to receive all funds and assets
allocated to it by its members. The Consortium Board may establish partnerships with public
and private corporations or entities as allowed by law. The Consortium Board shall recommend
an annual budget for adoption by the Consortium Members.
A. Ownership of Property. The Consortium may own real and personal
properties. Ownership of assets, such as fiber strands, equipment or software, shall be
defined in the allocation noted within any Consortium Project Agreement to which the
Member is signatory. Assets deemed surplus by participants in a Project Agreement
shall be held by the Consortium in an Asset Bank administered by the Consortium Board
for the benefit of the Consortium Members. Future allocation of surplus assets shall be
at the discretion of the Consortium Board. Existing assets owned by the Consortium
Members may be transferred to the Consortium for the benefit of Consortium Members
DWWKHRZQHU¶VGLVFUHWLRQ
B. Retained Responsibility and Authority. Consortium Members retain the
responsibility and authority for managing and maintaining their own internal Fiber Optic
systems, including security and privacy of all data which may be linked to the
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C. Fiscal Agent. The Fiscal Agent refers to that agency or government that
performs all accounting services for the Consortium as it may require, in accordance
with the requirements of Chapter 39.34 RCW. The Consortium Board shall appoint a
Fiscal Agent for the Consortium. The Fiscal Agent shall have a non-voting, ex officio
seat on the Consortium Board if the agency is not serving on a Consortium Board seat.
D. Intergovernmental Cooperation. The Consortium will cooperate with
federal, state, county, and other local agencies to maximize use of any grant funds or
other resources and enhance the effectiveness of the Consortium systems, programs
and projects.
E. Voting Members. Voting Members shall contribute to the Consortium in
accordance with the fee policy adopted by the Consortium Membership.
RES.0
ARTICLE IX.
CONSTITUENCY
There shall be no constituency of the Consortium.
ARTICLE X
AMENDMENT OF CHARTER AND BYLAWS
Section 1. Amendments to Bylaws. The Board may propose amendments to the
Bylaws for consideration and voting by the general membership at a general membership
meeting. Amendments to the Bylaws shall be deemed approved if the amendment proposal
receives affirmative votes from a majority of all Voting Members.
Section 2. Amendments to Charter. Proposals to amend this Charter shall be
submitted to the Board for review. If the Board recommends approval of the Charter
amendment, the amendment proposal shall be submitted to the governing bodies of the
Consortium Members. The proposed amendment shall not be effective until approved by the
governing bodies of at least 75% of all Voting Members.
ARTICLE XI
COMMENCEMENT
The Consortium shall commence its existence effective upon the issuance of its Charter
as sealed and attested by the City Clerk of the City of Kirkland, as provided in the Ordinance
adopting this Charter.
ARTICLE XII
DISSOLUTION
Dissolution of the Consortium shall be in the form and manner set forth in the Interlocal
Agreement and as may be required by state law.
CERTIFICATE
I, the undersigned, City Clerk of the City of Kirkland, Washington, do hereby certify that
the attached CHARTER OF THE COMMUNITY CONNECTIVITY CONSORTIUM, A WASHINGTON
PUBLIC CORPORATION is a true and correct original of such Charter as authorized by Ordinance
No. _____ of the City of ________, this ___ day of ______________, 2011.
_____________________________________
City Clerk of the City of _______, Washington
RES.0
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4748
Date:
August 31, 2011
Department:
Information Services
Attachments:
Resolution 4748
ILA for Pacific Technical Services
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 4748.
Background Summary:
In June 2011, the City of Pacific 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. Pacific will pay a monthly flat rate of $3,000 for covered services. All
other services will be billed at time and material. This is a cost recovery ILA.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Backus Staff:Rempher
Meeting Date:September 12, 2011 Item Number:DI.A
AUBURN * MORE THAN YOU IMAGINEDDI.A
--------------------------------------
Resolution No. 4748
September 1, 2011
Page 1 of 2
RESOLUTION NO. 4 7 4 8
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 PACIFIC FOR
INFORMATION SERVICES TECHNOLOGY
WHEREAS, RCW 39.34 authorizes public agencies to enter into
interlocal agreements; and
WHEREAS, the City of Pacific 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 Pacific 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.
DI.A
--------------------------------------
Resolution No. 4748
September 1, 2011
Page 2 of 2
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
DI.A
INTERLOCAL AGREEMENT
9/12/2011
Page 1 of 13
CITY OF AUBURN – CITY OF PACIFIC
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 1st day of
October, 2011, by and between the CITY OF AUBURN, a municipal corporation of the
State of Washington (hereinafter referred to as “Auburn”), and the CITY OF PACIFIC, a
municipal corporation of the State of Washington (hereinafter referred to as “Pacific”),
W I T N E S S E T H :
WHEREAS, Pacific 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 Pacific, 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 Pacific. 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 Pacific 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
and effect as if the terms of such Amendment were a part of this Agreement as
DI.A
INTERLOCAL AGREEMENT
9/12/2011
Page 2 of 13
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 Pacific 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 Pacific 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. PACIFIC’S RESPONSIBILITIES
Pacific 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 Pacific’s representative with
respect to the services described in Exhibit A. Pacific’s designee shall have
complete authority to transmit instructions, receive information, interpret and
define Pacific’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
contemplated in this Agreement, work products and services of a quality and
DI.A
INTERLOCAL AGREEMENT
9/12/2011
Page 3 of 13
professional standard acceptable to Pacific.
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 Pacific a monthly invoice and Pacific 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.
7. TIME FOR PERFORMANCE AND TERM OF AGREEMENT
Auburn shall not begin any work under this Agreement until authorized by
Pacific’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. It is provided, however, that 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, 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 Pacific, and may be
used by Pacific for any purpose beneficial to Pacific.
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 Pacific 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
DI.A
INTERLOCAL AGREEMENT
9/12/2011
Page 4 of 13
toward successful completion of assigned duties and responsibilities. Provided
that if Pacific fails to pay for the services provided by Auburn, Auburn can cease
providing such services until payment is made.
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 Pacific. Any written notices required by the terms of this
Agreement shall be served on or mailed to the following addresses:
CITY OF AUBURN
Information Services
Lorrie Rempher
25 W Main St
Auburn, WA 98001-4998
Phone: 253-288-3160
Fax: 253-804-3116
E-mail: lrempher@auburnwa.gov
CITY OF PACIFIC
City Administration
Diana Quinn
________________________
________________________
Phone: ________________________
Fax: ________________________
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
Pacific 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 Pacific'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.
DI.A
INTERLOCAL AGREEMENT
9/12/2011
Page 5 of 13
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 Pacific.
14. INDEMNIFICATION
a. Pacific 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 Pacific’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 Pacific; and provided
further, that nothing herein shall require Pacific 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 Pacific 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 Pacific 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 Pacific,
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 Pacific, its
agents, employees and/or officers from any claims arising from the sole negligence
of Pacific, its agents, employees, and/or officers. No liability shall attach to Pacific
by reason of entering into this Agreement except as expressly provided herein.
15. WAIVER OF SUBROGATION
Pacific 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 Pacific or Auburn.
DI.A
INTERLOCAL AGREEMENT
9/12/2011
Page 6 of 13
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
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
DI.A
INTERLOCAL AGREEMENT
9/12/2011
Page 7 of 13
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.
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.
DI.A
INTERLOCAL AGREEMENT
9/12/2011
Page 8 of 13
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 PACIFIC
___________________________________
Print Name:________________________
Title: ______________________________
Attest:
___________________________________
Danielle Daskam,
Auburn City Clerk
Attest:
___________________________________
Print Name:________________________
Title: ______________________________
Approved as to form:
___________________________________
Daniel B. Heid
Auburn City Attorney
Approved as to form:
___________________________________
Print Name:________________________
Title: ______________________________
DI.A
INTERLOCAL AGREEMENT
9/12/2011
Page 9 of 13
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:______________
DI.A
INTERLOCAL AGREEMENT
9/12/2011
Page 10 of 13
EXHIBIT A
SCOPE OF SERVICES
Services Provided:
x General network and desktop support
x Cell phone setup and management
x Operating system patch management on servers and desktops
x Virus protection software management
x Technical research and recommendations
Services not included which may incur additional charges:
x Project management
x Hardware replacement
x System upgrades
x Off hours support
Requesting support:
All requests for service should be emailed to support@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@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:
x City of Auburn will assist and provide recommendations on network security but
security remains the responsibility of City of Pacific.
x City of Auburn will assist and provide recommendations on hardware and
software purchases. All hardware and software purchases are the responsibility
of City of Pacific.
DI.A
INTERLOCAL AGREEMENT
9/12/2011
Page 11 of 13
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.
DI.A
INTERLOCAL AGREEMENT
9/12/2011
Page 12 of 13
EXHIBIT B
COST OF SERVICES
Support Function Operating Hours Billing rate Monthly cost
General Network and desktop
maintenance and support including
operating system patch management,
virus system software management,
general troubleshooting and problem
resolution that can be via remote
access/phone.
M - F, 7 a.m. - 5 p.m.
excluding holidays
$3,000.00 / month $3,000
Network and desktop repair and
maintenance that require onsite support.
M - F, 7 a.m. - 5 p.m.
excluding holidays
included included
All support responses by City of Auburn
technical support staff during non-
business hours.
Note: COA technical support staff will not
respond without authorization from
Mayor, Police Chief or City Administrator.
Non business hours $110 / hour with
one hour minimum
Per incident as
required
Netmotion Client Software n/a Client billed at
actual cost when
added to Pacific
PC $31/client
(required for police
only)
Maintenance billed
at actual cost
when invoiced to
City of Auburn by
Netmotion
Per event
Virus Protection & Remote Mgmt
Software
n/a Client billed at
actual cost when
added to Pacific
PC - $35/client
Yearly
DI.A
INTERLOCAL AGREEMENT
9/12/2011
Page 13 of 13
Yearly
maintenance billed
per machine at
actual cost when
invoiced to City of
Auburn by
software vendor
DI.A
AGENDA BILL APPROVAL FORM
Agenda Subject:
Animal Services
Date:
September 7, 2011
Department:
Human Resources
Attachments:
King County Initial Staff Review
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Animal Services Update
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:Heineman
Meeting Date:September 12, 2011 Item Number:DI.B
AUBURN * MORE THAN YOU IMAGINEDDI.B
DI.B
DI.B
DI.B
DI.B
AGENDA BILL APPROVAL FORM
Agenda Subject:
Matrix
Date:
September 7, 2011
Department:
Police
Attachments:
Matrix
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Information
Reviewed by Council Committees:
Councilmember:Peloza Staff:
Meeting Date:September 12, 2011 Item Number:DI.C
AUBURN * MORE THAN YOU IMAGINEDDI.C
MUNICIPAL SERVICES COMMITTEE PROJECT - GOAL MATRIX
NO.PROJECT DESCRIPTIONLEADCOSTREVIEW DATE EST. COMPL.
DATE STATUS
10PRed Light Photo EnforcementBob LeeOctober 24, 2011
Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan-Mar);
July (Prev Apr-June); October (Prev July-Sept) 2nd meeting of
the month - Revised signage under construction
20PAnimal Control and RescueBrenda HeinemanOn-Going
Council meeting 6/21 approved a 2.5 year ILA for
King County Animal Services. Brenda Heineman will
update the COW regarding the agreement between
the City and Auburn Valley Humane Society (AVHS)
on 8/29/11.
24PFireworks UpdateBob Lee On-Going MSC will have a work session to draft a proposal for
fireworks control. Date of meeting TBD.
25PSCORE (Regional Jail)Bob Lee On-Going Ribbon cutting 9/8/11
26PGraffiti ProgramPlanning/PoliceOn-GoingHotline Phone No. 931-3048 Ext. 7
27PAnimal Control Licensing ProgramKevin Snyder
Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan-Mar);
July (Prev Apr-June); October (Prev July-Sept) 2nd meeting of
the month
Review rate structure, solid waste fund balance and
CPI application. Has the revised Rate Model done it's
e:\mayor\Matrix 8-23-11.xls
28 PSolid Waste Rate ReviewShelley ColemanJune 2012
CPI application. Has the revised Rate Model done its
job? The Committee as a goal will pursue a minimum
10% commercial subsidy reduction until the cross-
sector commercial subsidy is removed.
29P Golf Course Working Capital Review and
Future Plans Shelley Coleman Review changed monthly at the second meeting
each month.
NO.ITEM OF INTEREST
3 IShopping Cart UpdateRandy BaileyJanuary 23, 2012 January (Prev July-Dec), July (Prev Jan-June)
9 IPolice Chaplain's ProgramBob LeeJanuary 9, 2012
Charteris - organization to which Chaplains for PD
and VRFA belong - mechanism for "petty cash" for
Chaplain associated expenses
Last Revision Date: 8/23/11
e:\mayor\Matrix 8-23-11.xls
DI.C