HomeMy WebLinkAbout07-14-2014 07-14-14 FINAL MSC Agenda PacketCITY(F
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Municipal Services Committee
July 14, 2014 - 3:30 PM
City Hall Conference Room 3
AGENDA
I. CALL TO ORDER
A. Roll Call
B. Announcements
C. Agenda Modifications
II. CONSENT AGENDA
A. June 23, 2014 Minutes*
B. Public Works Project No. CP1324* (Coleman)
Award Contract No. 14 -03, to Blackline Inc. on their low bid of $527,830.32 plus
Washington State sales tax of $50,143.88 for a total contract price of $577,974.20 for
Project No. CP1324, Asphalt Rehabilitation and Seal Coat
III. DISCUSSION ITEMS
A. Shopping Carts (Bailey)
B. Direct Billing for Garbage Disposal* (Coleman)
Direct Billing for Garbage Disposal
C. Telecommunication Leases* (Tate)
Consideration of modifying Auburn City Code 20.08.070 that establishes a term limitation
for leasing City facilities to telecommunication providers.
D. Resolution No. 5081 - City of Milton ILA* (Tiedeman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor
to execute an interlocal agreement between the City of Auburn and the City of Milton for
information technology services.
E. Animal Control and Rescue (Lee)
F. APD Range (Lee)
G. Project Matrix*
IV. 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.
Page 1 of 38
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AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
June 23, 2014 Minutes July 1, 2014
Department: Attachments: Budget Impact:
Police June 23, 2014 Minutes $0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember: Peloza Staff:
Meeting Date: July 14, 2014 Item Number: CA.A
CA.A AUBURN * MORE THAN YOU IMAGINED Page 2 of 38
WASH I NGTO[V
I. CALL TO ORDER
Municipal Services Committee
June 23, 2014 - 3:30 PM
City Hall Conference Room 3
MINUTES
Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room
3 of City Hall, 25 West Main Street, Auburn, WA.
A. Roll Call
Members present: Chair Bill Peloza, Vice Chair Wayne Osborne and
Member Claude DaCorsi.
Staff present: Chief of Police Bob Lee, City Attorney Dan Heid and
Police Secretary /Scribe Terry Mendoza. Others present: Auburn
Reporter representative Robert Whale.
B. Announcements
C. Agenda Modifications
11. CONSENT AGENDA
A. June 9, 2014 Minutes
Vice Chair Osborne moved to accept the Minutes as presented.
Member DaCorsi seconded. Chair Peloza concurred.
MOTION PASSED: 3 -0
III. ACTION
A. Ordinance No. 6514 (Heid)
City Attorney Dan Heid briefed the Committee on Ordinance 6514.
This ordinance provides another tool for the police and prosecutors to
use in situations where actual conduct may not constitute current
violations of city ordinance, such as prostitution or indecent exposure.
This ordinance addresses what is not currently provided for in city
code as it specifically relates to lewd conduct. Committee discussion
followed.
CA.A
Vice Chair Osborne moved to forward Ordinance No. 6514 to full
Council for consideration. Member DaCorsi seconded. Chair Peloza
concurred.
Page 1 of 2
Page 3 of 38
MOTION PASSED: 3 -0
IV. DISCUSSION ITEMS
A. Project Matrix
The following changes were identified for the Project Matrix:
Item 10P: Status updated.
Item 24P: Status updated.
Item 28P: Chair Peloza requested a report on the Solid Waste direct
billing information. Review date is 7/14/14.
V. ADJOURNMENT
The meeting was adjourned at 3:44 p.m. The next regular meeting of the
Municipal Services Committee is scheduled for Monday, July 14, 2014 in
Conference Room 3 of City Hall, 25 West Main Street, Auburn, WA.
Signed this date of July, 2014.
Bill Peloza, Chair Terry Mendoza, Police Secretary /Scribe
CA.A
Page 2 of 2
Page 4 of 38
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CITY ()F
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1324
Department:
Public Works
Attachments:
Budget Status Sheet
Bid Tab Summary
Vicinity Map
Administrative Recommendation:
Date:
July 9, 2014
Budget Impact:
$0
Municipal Services Committee recommend City Council award Contract No. 14 -03, to
Blackline Inc. on their low bid of $527,830.32 plus Washington State sales tax of
$50,143.88 for a total contract price of $577,974.20 for Project No. CP1324, Asphalt
Rehabilitation and Seal Coat.
Background Summary:
The purpose of this project is to rehabilitate the pavement surface at the Auburn
Municipal Airport. This will be accomplished by sealing the cracks in the pavement and
applying a seal coat over the surface of the pavement.
This project previously received a Federal Aviation Administration (FAA) grant in the
amount of $238,307.00 and a Washington Airport Aid Program grant, administered by
the Washington State Department of Transportation, in the amount of $4,820.42 to help
fund the project. The FAA grant will fund up to 90% of the project costs (with the
exception of Schedule B noted below) and the remaining 10% of project costs will come
from the Washington Aid Airport Program grant and the 435 (Airport) fund.
Additionally, staff has applied for and anticipates receiving $324,969.00 of additional
FAA grant funds for this project in 2014. Staff will also apply for an additional
Washington Airport Aid Program grant in the anticipated amount of $18,054.00 to help
fund the project.
This project was bid with a base bid (Schedule A) and two additive bids (Schedules B
and C) as described below. However, staff anticipates the funding available from the
secured grant funds, the anticipated additional grants funds, and money available in the
435 Fund will be sufficient to complete all the work and therefore recommends City
Council award the contract based on all three bid schedules.
CA.B
AUBURN * MORE THAN YOU IMAGINED Page 5 of 38
1) Schedule A (Base Bid) includes the crack seal and the application of the seal coat on
the runway and around the south hangars (see attached vicinity map). This schedule will
be funded by the FAA and Washington Airport Aid Program grant(s) and City money.
2) Schedule B (Additive Bid) includes the crack seal and application of the seal coat in
the area within 25 feet of the hangers (see attached vicinity map). This work is not
eligible for funding under any FAA grant so will only be funded by the Washington
Airport Aid Program grant(s) and City money.
3) Schedule C (Additive Bid) includes the crack seal and application of the seal coat in
the area around the north hangars and three outdoor parking areas (see attached
vicinity map). This schedule will be funded by the FAA and Washington Airport Aid
Program grant(s) and City money.
Construction of the project is anticipated to take place August through October 2014.
Reviewed by Council Committees:
Municipal Services
Councilmember: Osborne Staff: Coleman
Meeting Date: July 14, 2014 Item Number: CA.B
CA.B
AUBURN * MORE THAN YOU IMAGINED Page 6 of 38
BUDGET STATUS SHEET
Project No: CP1324
Project Title: Asphalt Rehabilitation and Seal Coat
Project Manager: Shelly Coleman
Initiation Date: September 3, 2013
Advertisement Date: June 10, 2014
Award Date:
O Project Initiation
O Permission to Advertise
• Contract Award
O Change Order Approval
O Contract Final Acceptance
The "Future Years" column indicates the projected amount to be requested in future budgets.
Date: July 7, 2014
Funds Budgeted (Funds Available)
Funding
Prior Years
2013
2014
Future Years
Total
435 Fund - Airport Fund
0
1,277
178,293
0
179,570
Washington State Dept. of Transportation Grant 1
0
1,277
21,597
0
22,874
Federal Aviation Administration Grant 2
0
22,994
540,282
0
563,276
Total
0
25,549
740,172
0
765,721
1 Includes a $4,820.42 grant awarded October 2013 and a $18,054.00 grant anticipated to be awarded in August 2014.
2 Includes a $238,307.00 grant awarded on August 2013 and a $324,969.00 grant anticipated to be awarded in August 2014.
Estimated Cost (Funds Needed)
Activity
Prior Years
2013
2014
Future Years
Total
Design Engineering - City Costs 3
0
(25,549)
2,500
0
2,500
Design Engineering - Consultant Costs
0
25,549
70,859
0
96,408
Construction Contract Bid - Schedule A
0
0
309,147
0
309,147
Construction Contingency - Schedule A (10 %)4
0
0
3,091
0
3,091
Construction Contract Bid - Schedule B
123,007
123,007
Construction Contingency - Schedule B (10 %)4
12,301
12,301
Construction Contract Bid - Schedule C
145,820
145,820
Construction Contingency - Schedule C (10 %)4
1,458
1,458
Construction Engineering - City Costs3
2,500
2,500
Construction Engineering - Consultant Costs
69,488
69,488
Total
0
25,549
740,172
0
765,721
3 City staff costs are not charged against the project budget and are not shown here.
4 Only City funds shown. Additional FAA funds will be allocated on an as- needed basis.
435 Airport Fund Budget Status
" ( #) in the Budget Status Sections indicates Money the City has available.
CH OJ \CP1324- Runway and Apron Rehabilitation \PWCouncil\Award \BudgetStatusSheet.xls
Page 7 0138
Prior Years
2013
2014
Future Years
Total
"'435 Funds Budgeted ()
0
(25,549)
(740,172)
0
(765,721)
435 Funds Needed
0
25,549
740,172
0
765,721
***435 Fund Project Contingency ()
0
0
0
0
0
435 Funds Required
0
0
0
0
0
" ( #) in the Budget Status Sections indicates Money the City has available.
CH OJ \CP1324- Runway and Apron Rehabilitation \PWCouncil\Award \BudgetStatusSheet.xls
Page 7 0138
BID TABULATION
SCHEDULE SUMMARY
CA.B
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BID TABULATION
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BID TABULATION
SCHEDULE SUMMARY
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BID TABULATION
BID TOTALS SUMMARY
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30TH St NE
VICINITY MAP
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Schedule A (Base Bid) - Crackseal and
Slurry Seal Location
Schedule B (Non FAA Eligible) - Crackseal
and Slurry Seal Location
Schedule C (FAA Eligible) - Crackseal and
Slurry Seal Location
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AGENDA BILL APPROVAL FORM
DI.B
Agenda Subject: Date:
Direct Billing for Garbage Disposal June 27, 2014
Department: Attachments: Budget Impact:
Finance Memo $0
Solid Waste Service Area Map
Direct Billing Agreement Key Terms
Administrative Recommendation:
For discussion only.
Background Summary:
City representatives from the Metropolitan Solid Waste Management Advisory
Committee (MSWMAC) worked with King County and local solid waste haulers to
develop an agreement that allows a city to pay King County directly for disposal fees
instead of its contracted solid waste hauler. Direct billing has the potential to reduce
disposal costs and is an option for City of Auburn to consider when negotiating the next
solid waste contract.
Reviewed by Council Committees:
Municipal Services
Councilmember: Peloza Staff: Coleman
Meeting Date: July 14, 2014 Item Number: DI.B
AUBURN * MORE THAN YOU IMAGINED Page 13 of 38
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C[TY OF
AUBU
WASHINGTON
To: Municipal Services Committee
From: Shelley Coleman, Finance Director
Date: July 14, 2014
Re: Direct Billing for Garbage Disposal
Finance Department
Interoffice Memorandum
Background
City of Auburn contracts with Waste Management (WM) for solid waste collection and disposal. The
current contract with WM became effective October 1, 2011, and expires December 31, 2017.
Highlights of the contract include: WM to provide all collection containers (carts); a recycling drop -off
site for Auburn customers; weekly compostables collection year- round; and assistance with outreach
programs. The City of Auburn maintains the billings for solid waste services and provides all the
customer service for residential and most of it for commercial customers.
City of Auburn also has a franchise agreement with Republic Services for solid waste collection in
portions of the recently annexed Lea and West Hill areas. The franchise agreement expires at the
same time as the City's current agreement with WM, December 31, 2017. Therefore, future vendor
contracts will encompass the entire City.
Current Billing
The rates billed to customers are established by Council via City Ordinance. Embedded into the rates
are additional services provided by the City and includes year -round litter control crews, some street
sweeping and disposal of street sweepings as it relates to trash, disposal of illegally dumped
hazardous waste, solid waste and recycling staff for education and outreach, and administrative costs
related to the billing function and providing other customer service for solid waste.
The City's contract with WM includes rates the City pays directly to them for collection and disposal
services. WM's fee to the City is broken out into a collection portion and a disposal portion. The intent
of the disposal portion is to cover the cost of disposing Auburn's garbage at King County's transfer
stations. King County (County) bills WM directly for tonnage generated by City of Auburn.
Direct Billing
Direct billing is a new concept in King County where a city pays the County directly for garbage
disposal fees instead of the contracted hauler or WM in Auburn's case. It is an option available to
cities who have retained the billing function. In King County, Auburn, Renton and Kirkland continue to
bill for garbage service. When Renton and Kirkland renegotiated their contracts a few years ago there
were clauses inserted into their contracts with this feature. The County had concerns with this
arrangement in that all their agreements were with the haulers for tonnage disposal and not with the
Page 1 of 2
DI.B
AUBURN * MORE THAN YOU IMAGIige 14 of 38
cities. The County wanted to ensure that the King County rate base wouldn't be impacted by allowing
cities to use a direct billing system. In 2012, representatives from the Metropolitan Solid Waste
Management Advisory Committee (MSWMAC) and solid waste collection companies met with the
County to discuss direct billing concerns and expectations. The result was a three way agreement
between the hauler, County and direct billing city.
The following table covers the advantages and disadvantages of a direct billing system:
Advantages
Disadvantages
The contractor's profit margin isn't added to the
disposal component
City needs to audit disposal quantities to ensure
all disposal loads originated in the City
City avoids cost of contractor hedging disposal
costs in rates
City bears risk of fluctuating disposal quantities
City gains a direct benefit from a reduction in
disposal tonnage
City has to reconcile contractor's reported
disposal with County invoices
Other Cities
In the King County Solid Waste System, haulers pay the County for disposal of garbage generated
from most cities since they dispose of the garbage at the King County transfer stations. The City of
Renton is the exception. In 2009, the City of Renton began operating under a new solid waste contract
in which the hauler is only paid for solid waste collection. However, King County does not recognize
Renton as a direct bill city since it hasn't signed the agreement. King County continues to send the
tonnage invoice to WM, but they receive payment from City of Renton.
City of Kirkland has language in their contract to allow for direct billing. In 2012, they came close to
signing the direct billing agreement, but decided to wait until tonnage becomes less volatile and the
potential savings outweighs the risk.
City of Auburn
Direct billing is an option for the City to consider when a new contract is negotiated and if it retains the
customer billing function. The current WM contract with Auburn does not have the direct billing
option /feature.
In future contracts, direct billing may mitigate or offset a portion of future rate increases by eliminating
the contractor's hedging and profit margin on disposal. Particularly if the City's actual disposal
tonnage is less than the contractor's tonnage built into their contract rate. The City may also be able to
see the effectiveness of waste reduction and recycling programs via a direct reduction in cost due to
decreases in tonnage.
Attachments:
Page 2 of 2
DI.B
• Solid Waste Service Area Map
• Three -Party City - Hauler- County Direct Billing Agreement Key Terms
AUBURN * MORE THAN YOU IMAGII\Flage 15 of 38
Solid Waste Service Area
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Page 16 of 38
Three -Party City- Hauler - County Direct Billing Agreement Key Terms
Purpose: Three -party agreement between a city, its hauler, and the county will enable cities to
take advantage of any benefits from direct billing arrangements, while maintaining the status quo
with respect to liability and ensuring that the rate base is not subject to additional costs as a result
of the arrangements.
Provision
Reason
At the request of a City, County will set up accounts
and make other administrative arrangements at the
County's expense to provide for direct billing of
disposal costs.
Enables cities to take advantage of any
benefits of direct billing.
City is responsible for paying the bill in accordance
with directions from the Solid Waste Division and
applicable code provisions.
Implements direct billing arrangement;
maintains status quo.
Bills unpaid after 30 days bear interest at 1.5 percent
per month on the unpaid balance.
Ensures that rate base is not subject to
additional costs.
County will develop bills based on billing
information provided at the applicable facility by the
Hauler, and the County is not responsible for
verifying the accuracy of the information.
Maintains status quo.
City is responsible for working out any record-
keeping issues /discrepancies with Hauler and those
issues are not a basis for delaying full payment to
the County.
Maintains status quo.
Hauler remains solely responsible for the delivery of
any unacceptable/hazardous waste as well as any
accidents /personal injury involving Hauler, and the
Hauler indemnifies, defends and holds the City and
County harmless with respect to same.
Maintains status quo; protects
County /rate base and City from Hauler
accidents and unacceptable waste
delivery.
If the County has to expend staff time to resolve
billing or other issues between the Hauler and the
City, the time will be charged at $75 per hour to the
City after the first hour in any month.
Ensures that rate base is not subject to
additional costs.
If any invoice is not paid in full within 45 days or in
the event of any other default, the County may
terminate the agreement at its option, resume billing
the Hauler, and the Hauler shall be responsible for
any unpaid balance at the time of termination.
Maintains status quo; protects rate base.
City is responsible for any applicable excise taxes
other than excise taxes on revenue the County
receives for solid waste disposal at the County
facilities. City and Hauler jointly defend, indemnify
and hold County harmless for any tax liability
related to the direct billing arrangement.
Maintains status quo.
DI.B
Page 17 of 38
DI.0
AuBurtw 7YOF
\'AS I NGTO
Agenda Subject:
Telecommunication Leases
AGENDA BILL APPROVAL FORM
Department: Attachments:
Community Development & Memorandum & Exhibit A
Public Works
Date:
July 7, 2014
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
See attached memorandum.
Reviewed by Council Committees:
Other: IT
Councilmember: Holman Staff: Tate
Meeting Date: July 14, 2014 Item Number: DI.0
AUBURN * MORE THAN YOU IMAGINED Page 18 of 38
TO:
WASHINGTON
MEMORANDUM
Councilmember Bill Peloza, Chair, Municipal Services Committee
Councilmember Wayne Osborne, Vice Chair, Municipal Services Committee
Councilmember Claude DaCorsi, Municipal Services Committee
CC: Mayor Backus
FROM: Jeff Tate, Assistant Director of Community Development Services
Ron Tiedeman, Director of Innovation and Technology
DATE: July 7, 2014
RE: Chapter 20.08 — Facilities Lease
ACC 20.08.070 — Term of Facilities Lease
Background
ACC 20.08.070 currently restricts the city and its policy makers from leveraging
partnerships with private and public entities in use of city infrastructure. Previous practice
has been to have shorter term leases, with frequent renewals requiring significant staff time,
limited negotiation power, and inability to leverage city and resident needs. Leveraging
long or short term leases based on the need in an area, a department, or city should be at the
discretion of the policy makers and city.
In some instances, entities would like a longer term to recover capital while at the same
time paying additional upfront costs to the city for the concession of a longer term. The
city currently lacks the authority to sign a 5, 10, 15 year or longer lease. Having the
flexibility to negotiate a longer term lease can help fulfill desired capital projects for parks
or facilities by requiring a leasee to pay some portion of that term up front or perform city
related projects as part of the lease rather than city funded projects offsetting city
expenditure. Currently, we have a vendor interested in paying 5 years up front for a 10
year lease. Instances like this would allow $75,000 or more to be deposited in accounts
associated with capital improvements, ownership of facilities constructed, future project
funding, or space to install city owned equipment. The city is not able to take advantage of
this offer because the Code currently precludes longer term leases. Other municipalities
across the state have identified this need in their codes as well, including Bellevue,
Issaquah, and Everett to name a few.
Recommendation
Staff recommends that the code amendment outlined in Exhibit A be forwarded to the
Public Works Committee and full City Council. This amendment gives Auburn full
flexibility to leverage city resources to fund and /or accomplish projects and provide
resources to its residents now and in the future while still meeting applicable code and
application requirements.
DI.0 Page 19 of 38
Exhibit A
20.08.070 Term of facilities lease.
By virtue of the uncertainties created by the Act, except as provided in an existing
lease agreement, the length of a facilities lease granted hereunder shall be set
forth within the lease agreement, subject to renewal as provided in this chapter.
DI.0 Page 20 of 38
FY OF - *
UBURN
WA5 1 I NcroNI
AGENDA BILL APPROVAL FORM
DI.D
Agenda Subject:
Resolution No. 5081 - City of Milton ILA
Department:
Information Services
Attachments:
Resolution 5081
Milton IT Services ILA
Administrative Recommendation:
Date:
June 30, 2014
Budget Impact:
$0
Innovation & Technology recommends approval.
Background Summary:
Innovation & Technology currently provides IT related support and services to 4 other
agencies. Due to technology, we are able to support a majority of these agencies
remotely. Due to economy of scale, and efficiencies IT is able to provide this support
and has been successful identifying cost recovery which includes annual CPI, off -hours
fees, mileage reimbursement, administrative costs, and ongoing recovery costs.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember: Staff: Tiedeman
Meeting Date: July 14, 2014 Item Number: DI.D
AUBURN * MORE THAN YOU IMAGINED Page 21 of 38
DI.D
RESOLUTION NO. 5081
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF AUBURN AND THE CITY OF
MILTON FOR INFORMATION SERVICES TECHNOLOGY
SERVICES
WHEREAS, RCW 39.34 authorizes public agencies to enter into
interlocal agreements; and
WHEREAS, the City of Milton 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 is hereby authorized to execute
an Interlocal Agreement between the City of Auburn and the City of Milton 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.
Resolution No. 5081
June 30, 2014
Page 1 of 2
Page 22 of 38
DI .D
Section 3. This resolution shall be in full force and effect upon passage and
signatures hereon.
Dated and Signed this day of , 2014.
CITY OF AUBURN
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Resolution No. 5081
June 30, 2014
Page 2of2
NANCY BACKUS, MAYOR
Page 23 of 38
EXHIBIT A
CITY OF AUBURN — CITY OF MILTON
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
, 2014, by and between the CITY OF AUBURN, a municipal
corporation of the State of Washington (hereinafter referred to as "Auburn "), and the CITY
OF MILTON, a municipal corporation of the State of Washington (hereinafter referred to
as "Milton "),
WITNESSETH:
WHEREAS, Milton 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 Milton, in a good and professional manner the tasks
specific to IT support of the City of Milton 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 Milton.
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 Milton or reduction in services are
necessary 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
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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 Milton 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 Milton 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. MILTON'S RESPONSIBILITIES
Milton 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 Milton's representative with respect
to the services described in Exhibit A. Milton's designee shall have complete
authority to transmit instructions, receive information, interpret and define
Milton'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 including
passwords, facility access and data systems to which Milton is requesting
support. Auburn shall use "remote access" technology to support Milton systems
where possible to limit onsite costs. Such examples include Firewall, router,
computer, Domain controller, active directory, law enforcement support and
secured /encrypted access to systems designated by Milton to be supported by
Auburn.
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e. Milton Police Department must complete, and authorize necessary state
documents related to "Agency Authorization" designating City of Auburn as IT
Technical contact and complete a "Management Control Agreement" filed with
Washington State Patrol that will allow Auburn IT staff to work with CJIS and
ACCESS information including SSID, Mnemonics and ORI information to support
the law enforcement systems.
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
professional standard acceptable to Milton.
6. COMPENSATION
Compensation for Auburn's performance of the services provided for herein are
attached as Exhibit B. One -time setup, administration and remote license fee of
$1500.00 due on contract execution. Annual sum shall be increased January 1,
2015, and each January 1 thereafter, by an amount equal to 2% or the most
recent Seattle- Tacoma - Bremerton Consumer Price Index - U whichever is
greater for the term of this Agreement.
Auburn shall submit to Milton a monthly invoice and Milton 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 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. The initial term of this agreement shall be twelve (12)
months and may be extended thereafter by written agreement of the Parties 60
days prior to term end. 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 Milton, and may be
used by Milton for any purpose beneficial to Milton. Public records requests shall
be the responsibility of Milton; however Auburn may assist at Milton request at
hourly rates provided under exhibit B for onsite support.
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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 Milton 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. Provided that if Milton 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 Ron Tiedeman, Innovation &
Technology Director or designee on behalf of Auburn, and by Mark Langford,
City Administrator or designee on behalf of Milton. Any written notices required
by the terms of this Agreement shall be served on or mailed to the following
addresses:
CITY OF AUBURN
Innovation & Technology
Ron Tiedeman
25 W Main St
Auburn, WA 98001 -4998
Phone: 253 - 288 -3160
Fax: 253 - 804 -3116
E -mail: rtiedeman @auburnwa.gov
12. NOTICES
CITY OF MILTON
City Administration
Mark Langford
1000 Laurel Street
Milton, WA 98354
253 - 922 -8733
mlangford@cityofmilton.net
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.
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13. INSURANCE
Milton shall maintain in full force throughout the duration of this Agreement
comprehensive general liability insurance with a minimum coverage of
$1,000,000.00 per occurrence /aggregate for personal injury and property
damage. This requirement shall be deemed satisfied by evidence of Milton's
membership in a municipal self- insurance pool, including evidence of limits of
coverage's, 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
$1,000,000.00 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
coverage's, exclusions and limits of liability satisfactory to Milton.
14. INDEMNIFICATION
a. Milton 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 Milton'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
Milton; and provided further, that nothing herein shall require Milton 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 Milton 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 Milton 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 Milton, 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 Milton, its agents, employees and /or officers from any claims
arising from the sole negligence of Milton, its agents, employees, and /or officers.
{B F P 1179559. DOC;1 /13018.900000/
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No liability shall attach to Milton by reason of entering into this Agreement except
as expressly provided herein.
15. WAIVER OF SUBROGATION
Milton 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 Milton or Auburn.
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.
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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.
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. Semi - annual operational review and service meetings shall be held
with representatives from both cities to review and discuss service and support
delivery.
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 listed by the parties on their websites as
provided for in RCW 39.34.040.
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IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first above written.
CITY OF AUBURN CITY OF MILTON
Nancy Backus
Auburn Mayor
Debra Perry
Milton Mayor
Attest: Attest:
Danielle Daskam, Katie Bolam,
Auburn City Clerk Milton City Clerk
Approved as to form: Approved as to form:
Daniel B. Heid
Auburn City Attorney
{B F P 1179559. DOC;1 /13018.900000/
Print Name:
Title:
INTERLOCAL AGREEMENT
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Page 31 of 38
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
ON THIS day of , 2014, 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 , 2014, 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:
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EXHIBIT B
SCOPE OF SERVICES
Services Provided:
• Onsite Auburn IT Staff Presence: Auburn primary support function will be via
remote access and administration with primary contact and support provided
through email: MiltonlTSupport @Auburnwa.gov and phone support. Remote
login and various types of technical configuration management will be utilized to
minimize onsite and travel charges. Under this service level, City of Milton will
be allotted "onsite presence" 1 day (7.5 hours) per week for 3 months or up to
97.5 hours per year specific to meeting onsite support and technical
requirements. Day and times will be coordinated with Auburn IT availability and
may be altered through written request process identified in section 11 above.
Auburn IT staff will also respond onsite to all technical matters not repairable
remotely utilizing allotted onsite hours or through authorized request at stated
rate, and will attempt to respond to non - critical items in multiples to minimize
trips where possible. All other support shall be provided remotely where possible.
• General network and desktop support including setup, configuration, and onsite
handling. Special projects, or "last minute" projects may incur charges based on
an individual and mutually agreed basis.
• GIS and Mapping Services shall be provided on a per project basis, with printing
costs the responsibility of Milton based on current Auburn rate schedules.
• Maintenance and management of Servers and "back -end" equipment to include:
o Telephones, servers, network equipment (routers, firewalls, switches)
o Server administration, including user setup, access, email and help desk
functionality
• Purchasing: Recommendations, quotes, vendor discussions shall be provided by
Auburn IT. Purchasing, purchase orders and requisitions will be the responsibility
of Milton.
o Milton can be added to certain City of Auburn software and hardware
agreements to receive similar volume and cost savings where applicable.
Such areas including Microsoft volume licensing, Springbrook, Sharepoint,
Antivirus protection, Netmotion and others.
• Web Services —
o Services may be available at Milton request.
• Backup operations, offsite storage and disaster recovery
o Auburn will evaluate current backup and disaster contingency plans and
make recommendations. Typically this includes weekly offsite storage
which is paid for by customer including configuration of daily incremental
and differential backups.
o Disaster recovery may result in an addition of services, or evaluation and
recommendation to enhance business continuity and operations based on
current procedures.
• Application and software end user support
• Vendor coordination and management as needed
• Operating system, and software patch management
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• Technical recommendations including:
o Long and short term strategic planning
o Disaster recovery and business continuity planning
o Technology budget recommendations and planning
o Audit documentation and assistance with CJIS and WCIA annual audits
Requesting support:
All requests for service should be emailed to MiltonITSupport @auburnwa.gov. Phone
calls will be accepted as well, however tracking tickets and support via our help desk
system is preferred with a follow up phone call from Auburn staff. The request will be
forwarded to City of Auburn technical staff for resolution. Persons authorized to request
support on a non - emergency basis are City of Milton employees or their designee.
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 of Mayor, City Administrator or Police Chief, 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
MiltonITSupport @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 Milton.
• City of Auburn will document, and present information relevant to technical audits
however compliance will be the responsibility of Milton, including CJIS and
ACCESS Audits.
• City of Auburn will assist and provide installation and recommendations on
hardware and software purchases. All hardware and software purchases are the
responsibility of City of Milton.
Additional Services:
City of Auburn may provide additional services, or alter existing services through the
appropriate approval process and addendum.
Additional services include but are not limited to:
GIS Services
Licensing Support: Netmotion and Virus Protection
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Web Application and Design Services
Publishing and Design Services
Multimedia/ Film Services
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. Monthly charges for service are based on an estimated 300
helpdesk requests annually. In the event annual helpdesk requests exceed 300 tickets,
City of Milton agrees to negotiate these additional services which may include mutually
agreed adjustments to monthly service charges.
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EXHIBIT C
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 and minimal Milton office
visits where deemed possible allowing
equipment drop off and minimal hands on
configuration support.
M - F, 7 a.m. - 5 p.m.
excluding holidays
$2800.00 / month
effective July 2,
2014 and monthly
thereafter plus
mileage based on
IRS standard
mileage rate
$2800.00
One -time administration, setup and
remote license fee
N/A
$1500.00
Network and desktop repair and
maintenance that require onsite support
or special projects with proper approval.
M - F, 7 a.m. - 5 p.m.
excluding holidays
Included. Mileage
billed separately
and based on IRS
standard mileage
rates
Billed
separately
All support responses by City of Auburn
technical support staff.
Note: COA technical support staff will not
respond without authorization from City of
Milton Mayor, Police Chief or City
Administrator.
Non business hours,
afterhours,
emergency response
$110.00 / hour
with one hour
minimum plus
mileage based on
IRS standard
mileage rate
Per incident as
required
Netmotion Client Software
n/a
Evaluation Option
Per Client
Virus Protection Software
n/a
Evaluation Option
Yearly
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FY OF - *
UBURN
,NA,„ I NGTONI
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Project Matrix July 2, 2014
Department: Attachments: Budget Impact:
Police Project Matrix $0
Administrative Recommendation:
For discussion only.
Background Summary:
DI.G
Reviewed by Council Committees:
Municipal Services
Councilmember: Peloza Staff:
Meeting Date: July 14, 2014 Item Number: DI.G
AUBURN * MORE THAN YOU IMAGINED Page 37 of 38
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