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HomeMy WebLinkAbout07-14-2014 07-14-14 FINAL MSC Agenda PacketCITY(F WASIILNGTON 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 AuBurtw 7YOF \'ASHCNGTOf! 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 *� CITY ()F A BURN 1 +ASf1LNC TONI 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 ation, Contract 14 -03 m / CO \ \ k f / C. = o « - w r w a • % co ƒ \ c c t ▪ N _ C) 7^ 2 2 J\%\ \ 5 ] 0 aim V: § Ei 69- 69- A . IF = / • 5 / Q A \ -/ / « / 0 0 / / / C \ § �7i /0_2 \ a ) / E / So a O u= o a b < 0 2 g 7 % I @ s \ r • O a f • \ % m c ® \ CO / \ 0 w 0 S 5@» / E $ E q / \ ® / \ 'E 2 • E--- Page 8 of 38 BID TABULATION SCHEDULE SUMMARY CA. B O c6 L 0 U 0 4- .s= l O L a cis c A O EL O W Q CIL TO C a 0 `v Z C +O+ co C Li'a Fri .st � 3 CNI < U CO U ti 0 I U 0 N ti CO CO O l.E7 le 15 CO- N N IC) r N- 69 63 64 64 49. 0 a = a) la c) = = m O O :2 C co oz) — l.Ei f: -4 2 0 co co r C J)) X - o io CU ,- > ' ❑ a.. u m tea E try 0 v C Na) m as as To LC CO �2 U co d O L C 'a f= ILI-a N N ❑ 7 C CO o CO Y U c73 2 U LO o m cn j O CO v Page 9 of 38 BID TABULATION SCHEDULE SUMMARY CA. B BID Amount r- 44. CA co co r- LSD M 1� M co r U c FA A 69- Z 20 W Q Q In • m ❑ U.1 ▪ CD Et Z < ct co (D LU U <c ❑ 7 ❑ Eel 2 o 0 O aa) �CO Page 10 of 38 BID TABULATION BID TOTALS SUMMARY CA.B co) O V r 0 v 6 0 =as ▪ W O L Q cti A O Q L Q - c 2 Q M N CT_ •U E z m 0 T co 0 d m 00 fFJ N CO O C) as 4O� 4) w T L Basic BID Amount CV U i Q LC) 01„ Lr) CO ... 6) N N — I+ N N Lo c9 f- f4 BASIC BID SPREAD AMOUNT: • a) ❑ 7 7) > m EA E14 6F3 C3 a .( C _ . a) N m C5 _y — • U u) • -e 'co m u) b- C U) a o U 2' C 'p C.. - cll 0 c c m 2 , a) u) ccs a. • o m co > O � Page 11 of 38 30TH St NE VICINITY MAP ••4 O 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 0 225ft 450ft 1 -inch = 450 -feet a CA. B 96TH St NE PAN • •: s;'; •••• ••4,444 4.4.4 � •'••••0 ❖ i :4 ■••4 0•••4 r•.•..4 ►i FY OF - * UBURN WA5 1 I NcroNI 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 f > >k 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 Printed On: 07/08/201, Map ID: 3678 167 37TH5•NW 3DHIST-NW � 7 7TH.ST NE w H giSitnaff T 6T •ST-SE MUCKLESlia CASI E _1 -7 1 I Auburn City Limits 1 1 _ _I 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 {B F P 1179559. DOC;1 /13018.900000/ INTERLOCAL AGREEMENT Draft City of Milton IT ILA, June 25, 2014 DI.D Page 1 of 13 Page 24 of 38 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. {B F P 1179559. DOC;1 /13018.900000/ INTERLOCAL AGREEMENT Draft City of Milton IT ILA, June 25, 2014 DI.D Page 2 of 13 Page 25 of 38 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. {B F P 1179559. DOC;1 /13018.900000/ INTERLOCAL AGREEMENT Draft City of Milton IT ILA, June 25, 2014 DI.D Page 3 of 13 Page 26 of 38 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. {B F P 1179559. DOC;1 /13018.900000/ INTERLOCAL AGREEMENT Draft City of Milton IT ILA, June 25, 2014 DI.D Page 4 of 13 Page 27 of 38 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/ INTERLOCAL AGREEMENT Draft City of Milton IT ILA, June 25, 2014 DI.D Page 5 of 13 Page 28 of 38 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. {B F P 1179559. DOC;1 /13018.900000/ INTERLOCAL AGREEMENT Draft City of Milton IT ILA, June 25, 2014 DI.D Page 6 of 13 Page 29 of 38 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. {B F P 1179559. DOC;1 /13018.900000/ INTERLOCAL AGREEMENT Draft City of Milton IT ILA, June 25, 2014 Page 7 of 13 DI.D Page 30 of 38 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 Draft City of Milton IT ILA, June 25, 2014 DI.D Page 8 of 13 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: {B F P 1179559. DOC;1 /13018.900000/ INTERLOCAL AGREEMENT Draft City of Milton IT ILA, June 25, 2014 DI.D Page 9 of 13 Page 32 of 38 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 {B F P 1179559. DOC;1 /13018.900000/ INTERLOCAL AGREEMENT Draft City of Milton IT ILA, June 25, 2014 DI.D Page 10 of 13 Page 33 of 38 • 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 {B F P 1179559. DOC;1 /13018.900000/ INTERLOCAL AGREEMENT Draft City of Milton IT ILA, June 25, 2014 DI.D Page 11 of 13 Page 34 of 38 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. {B F P 1179559. DOC;1 /13018.900000/ INTERLOCAL AGREEMENT Draft City of Milton IT ILA, June 25, 2014 DI.D Page 12 of 13 Page 35 of 38 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 {B F P 1179559. DOC;1 /13018.900000/ INTERLOCAL AGREEMENT Draft City of Milton IT ILA, June 25, 2014 DI.D Page 13 of 13 Page 36 of 38 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 MUNICIPAL SERVICES COMMITTEE PROJECT - GOAL MATRIX g < m REVIEW DATE 0 U PROJECT DESCRIPTION d z / / / \ 7 _ / 0 7 _ / 0 7 _ / 0 7 _ / 0 / f w / f w / f w It-/ CN / 2 / 2 0 0 Shelley Coleman 0 Shelley Coleman 20P !Animal Control and Rescue S CN 24P (Fireworks Update 28 P !Solid Waste Rate Review 29P !Golf Course & Restaurant Review 31 P (Cemetery Update ITEM OF INTEREST d z C / / \ 0 E _ § \\� 2 2 = 20\ / \ 3 _o 0 / \ E § \\ o \\ • • E c / \ / 5 0.) 0 CN c c- < o o m \ E m \ y CN / / / CN 2 Randy Bailey / \ / Shelley Coleman \ \ -a § \ 0 Shopping Cart Update Ordinance No. 6398 - Pull Tabs SCORE Jail Stats Auto Thefts m 3 s Last Revision Date: 6/24/14 Page 38 of 38 U