HomeMy WebLinkAboutCity of Pacific - Information Services Technology RESOLUTION NO. 4 7 4 8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEEN THE CITY
- _ _ _.
OF AUBURN' AND THE CITY OF FACIFIC FOR
INFORMATION SERVICES TECHNOLOGY
WHEREAS, RCW 39:34 authorizes public agencies to enter into
interlocal agreements;and
WHEREAS, the Ciry of Pacific has the need for professional information
technology services; and
WHEREAS, the City of Aubum 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 COUNIY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Aubum and the Aubum City Clerk
are hereby authorized to execute an Interlocal Agreement between the City of
Aubum and the City of Pac�c 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 ouf the directives of
this legislation.
Resolution No.4748
September 1, 2011
Page 1 of 2
Section 3. This resolution shall be in full force and effect upon
passage and signatu�es hereon.
V'`"
Dated and Signed this�/day of , 2011.
TY OF AU
PETER B. LEWIS, MAYOR
ATTEST:
f���
banielle E: Daskam, City Clerk
APP VED AS TO FORM:
Danief B.'Heid, City tto� .
Resolution No.4748
Septem6er 1, 2011
Page 7 of 2
+ ' :
ORIGINAL
CITY OF AUBURN—CITY OF PACIFIC
INTERLOCAL AGREEMENT FOR
INFORMATION SERVICES TECHNOLOGY
THIS INTERLOCAL AGREEMENT made and entered into, pursuant to the Interloql
Cooperation Ad, Chapter 39.34 of the Revised Code of Washington, on the 1sE day of
Octotier, 2011, by and between the CITY OF AUBURN, a municipal corporation of, the
State of Washington (hereinafter referred to as "Aubum"), :and the CITY. OF PACIFIC, a
municipal corporation of the State_of Washington (hereinafter referred to as"Pacific"),
WITNESSETH :
WHEREAS, Pacific seeks professional information technology ("IT") services; and
WHEREAS, Auburn has the requisite skills, resources and experience necessary to
provide such services and is willing and agreeable to provide such services upon the
terms and conditions herein contained.
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,
the parties hereto do hereby agree as follows:
1. SCOPE OF SERVICES
Auburn agrees.to perform for Pacific, in a good and professional mannerthe tasks
described on Exhibit A which is attached hereto and by this reference made a part of
this Agreement (The tasks described on Exhibit A shall be individually referred to as a
"task," and collectidely referred to asthe "services.") Aubum shall perform fhe 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 rela6onship with Pacific. Aubum shall perform the services
de.scribed in Exhibit A which ia attached hereto and by this reference made a part of this
Agreement.
2. AMENDMENT REQUIRED FOR ADDITIONAL SERVICES
In the event.additional IT services are required by Pacific beyond those specified in
Exhib'it A and 4he compensation listed in this Agreement, and further provided that
Aubum has the time and resouroes 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 Aubum's performance of the additional IT
services, except as may be provided to the contrary in Section 3 of this Agreement.
Uqon proper completion and execution of an Amendment for additional services, such
Amendment shall be incorporated into this Agreemen4 and shall have the same force
and effect as if the terms of such Amendment were a part of this Agreement as
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. ,
originally executed. The pertormance 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 tlie terms and conditions of any such
Amendment shail control. In all other respects, any Amendment shall supplement and
be construed in accordancewith the terms and conditions of this Agreement.
3. PERFORMANCE OF ADDITIONAL SERVICES PRIOR TO EXECUTION OF AN
AMENDMENT
The parties hereby agree that situations may arise in which IT services other than those
described on Exhibit A are desired by Pacific and the time period for the completion of
such services makes the execution of Amendment impractical prior to the
commencemerrt of Aubum's performance of the requested services. Aubum hereby
agrees that it shail pertorm such services upon the request of an authorized
representative of Pacific at a rate of compensation to be mutually negotiated in
connection therewith. Any such edditlonal IT services shall be memorialized in a written
amendment in accordance with SecUon 2 of this Agreement. The invoice procedure for
any such additional services shall be as described in Section 6 of this Agreement.
4. PACIFICS RESPONSIBILITIES
Facific shall do the following in a timely manner so as not to delay the services of
Aubum:
a. Designate in writing a Person to act as Pacific's representative with
respect to the services described in Exhibit A. Pacific's designee shali have
complete authority to transmit instructions, receive infortnation, interpret and
define Pacific's policies and decisions with respect to the services, except in the
event of an emergency as described in Exhibit A.
b. Fumish 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 Aubum to
perform the services provided for Fierein.
d. Examine and evaluate ail studies, reports; memoranda, plans, sketches,
and other documents prepared by Aubum and render decisions regarding such
documents in a timely manner to prevent delay of the services.
5. AGCEPTABLE STANDARDS
Aubum shall be responsible to provide, in connection with the services
contemplated in this Agreement, work products and services of a quality and
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professional standard acceptable to Pacific.
6: COMPENSATION
Compensation for Auburn's performance of the services provided for herein are
attached hereto as Exhibit B and by this referenced made a part of this
Agreement. Auburn shall submit to Pacific a monthly invoice and P-ac�c shall
process the invoice orstatement in the nexFbilling/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
Aubum shall not begin any work under this AgreemeM until authorized by
Pacific's representative. Aubum shall perform the services proyided for he�ein in
accordance with the direction and scheduling provided in Ezhibit A, unless
otherwise agreed to in writing 6y the parties. This Agreement shall terminate on
12/31/2011. This Agreement may be extended for two additional one-year
periods upon written agreement of the Parties. It is provided, however, that either
party may cancel this AgreemeM 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 Aubum as part of its performance of this Agreerrient (the "Work
Products") shall be owned by and become the property of Pacific, and may be
used by Pacifc for any purpose beneficial to Pacific.
9. RECORDS INSPECTION AND AUDIT
All compensation payments shall be subject to the adjustments for any amouMs
found upon audiY or otherwise to have beert improperly invoiced, and all records
and books of accounts pertaining to any work pertormed under this Agreement
shall be subject to inspection and audit by Pacific for a period of up to three (3)
years from the final payment for work perFormed under this Agreement.
10. CONTINUATION OF PERFORMANCE
In the event that any dispute or conflict arises between the parties while this
Contract is in effect, Aubum agrees that, notwithstanding such dispute or
conflict, Auburn shall continue to make a good faith effort to cooperate and
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continue work toward successful completion of assigned du4ies and
responsibilities. Provided that if Pacific fails to pay for the services provided by
Auburn, Aubum can cease providing such services until payment is made.
11. ADMINISTRATION OF AGREEMENT
This Agreement shall be administered by Lorrie Rempher, Information Services
Director or designee on behalf of Aubum, and by Diana Quinn, City Administrator
or designee on behalf of Pacfic. Any written notices required by the termaof this
AgreemeMshall be served on ormailed to the following addresses:
CITY OF AUBURN CITY OF PACIFIC
Information Services City Administration
Lorrie Rempher ^�'ar�c. /t�orr-f9orrc��-/
25 W Main St ioO �2� �e SE,_1�u�'c '�� 9�'a/]
Aubum, WA 98001-4998 �
Phone: 253-288-3160 Phone: �53- �,i9- //D 5
Fax: 253-804-3116 Fax: �53- 9.3 9 - G0� •
E-mail: Ireinpher@aubumwa.gov E-mail�MO� .�7ervlJ_Cl: Lktci��. �• US
12. NOTICES
All notices or communications permitted or required to be given under this
Agreement shall 6e in_wrifing and shall be deemed to have been duly given if
delivered in person or deposited in the UnRed States mail, postage prepaid, for
mailing by certified mail, retum 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 for4h
above.
13. INSURANCE
Pacific shall maintain in full force throughout the duration of this Agreement
comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence/aggregate for personal injury and property damage.
This requirement shall be deemed satisfied by evidence of Pac�c's membership
in a municipal self-insurance pool, including evidence of limits of coverages,
eicclusions and limits of liability satisfactory to Aubum.
Aubum shall maintain in full force throughout the duration of this Agreement
comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence/aggregate for personal injury and property damage.
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This requirement shall be deemed satisfied by evidence of Auburn's membership
in a municipal self-insurance pool, including evidence of limits of coverages,
exclusions and limits of liability satisfactory to Pacific.
14. INDEMNIFICATION
a. Pacific shall indemnify and hold Aubum 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 lauv or equity, actions, penalGes, losses, damages, or
costs, of whatsoever kind or nature, brought against Aubum arising out of, in
connection with, or incident to the execution of this Agreement and/or Pacific's
pertormance or failure to perform any aspect of this f�qreement; provided, however,
that 'rf such Gaims are caused by or result from the concurrerrt negligence of
Aubum, its agents, employees, and/or officers, this indemnity provision shall be
valid and enforceable only to the extent otthe negligence of Pacific; and provided
further, that nothing herein shall require Pacific to hold harmless or defend Aubum,
its agerrts, employees and/or officers from any Gaims arising from the sole
negligence of Aubum, its agents, employees, and/or officers. No liability shall attach
4o Aubum by reason of entenng into this Agreement except as e�ressly provided
herein.
b. Aubum shall indemnify and hold Pacific,and its agents, employees, andtor
officers, harmless from and shall process and defend at its own expense any and all
claims, demands, suits, at law or equity, actions, penal6es, losses, damages, or
costs; of whatsoever kind or nature, brought against Pacific arising out of, in
connection with, or incidenf to the execution of this Agreement and/or Aubum's
performance or failure to perform any aspect of this i�qreement; provided, however,
that if such claims are caused by or result from the concurrent negligence of Pacific,
its agents, employees,, and/or officers, this indemnity provision shall be valid and
enforceable only to the extent of the negligence ofAubum; and provided further,
that nothing herein shall require Aubum to hold harmless or defend Pacific, its
agents, employees and/or officers from any claims arising from the sole negligence
of Pacific, its agents, employees, and/or officers. No liability shall attach to Pacific
by reason of entering into this Agreement excepYas expressly provided herein.
15. WAIVER OF SUBROGATION
Pacific and Aubum hereby mutually release each other from liability and waive all right of
recovery against each other for any loss caused by.fire or other perils which can be insured
against under fire insurance contracts including any extended coverage endorsements
thereto which are customarily available from time to time in the State of Washington,
provided, that this paragraph shall be inapplicable to the extent that it would have the effect
of invalidating any insurance coverage of Pacific or Aubum.
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16. COMPLIANCE WITH REGULATIONS AND LAWS
The parties shall comply with all applicable rules and regulations pertaining to them in
corinection 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 ofher parly.
18. ATTORNEYS' FEES
If either party shall be required So bring any acKion to enforce any provision of this
Agreement, or shall be,required to defend any action brougM by fhe other party with
respect to this /{qreement, and in the further event tfiat one parly shall substantially prevail
in such action, the losirig party shall, in addition to all other payments required tfierein, pay
all of the prevailing party's reasonable wsts in connection with such action, including such
sums as the court or courts may adjudge reasonable as attomey's fees in the fial 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 wili
comply with pertinent statutes, Executive Orders and such rules as are promulgated to
assure that no person shall, on #he grounds of race, creed, color, national ongin, sex,
sexual orfentation, age, or the prgsence of any sensory, mental or physical handicap be
discriminated against or receive discriminatory treatrnent by reason thereof.
20: MISCELLANEOUS
a. All of the covenants, conditions and agreements in this qqreement shall
extend to and bind the legal successors and assigns of the parties hereto.
b. This /�qreement shail be deemed to be made and construed.in axordance
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 Uiis P,qreement are for convenience only and do not in any
way limit or amplify the provisions of this Agreement
d. Unless othervvise specifically provided herein, no separate legal entity is
created hereby, as each of the parties is coMractirig in its capaaty as a muniapal
INTERLOCAL AGREEMENT
9l12J2011
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corporation of the State of Washington. The identity of 4he parties hereto is as set
forth.hereinabove.
e. The pertortnances of the duties of the parties provided hereby shell be done
in axordance with standard operating procetlure§ arid customary practices of the
parties.
f. No provision of this /�greement shall relieve either party of its public agency
obligations and or responsibilities imposed by law.
g. If any tertn ar proyision of this /�qreement_or the application thereof to any
person or arcumstance shall, to any exteM, tie held to be invalid or unenforoeable
by a final decision of any court having jurisdic4ion an the ma4fier, the remainder of
this Agreemerit or the application of such tertn or provision to persons or
circumstances otherthan those as to which it is held invalid or unenforceableshall
not be affected 4hereby;and shall continue in full farce and effect, unless such court
deterrriines that sucFi invalidity ar unenfofceability materially interferes with o�
defeats the`purposes hereof, at which time either parly shali have the right to
terrninate the Agreement
h. This Agreement constitutes the entire agreement between the parties. There
are no terms, obligations, covenants or conditions other 4han 4hose contained
herein. No modifications or amendments of �is Agreement shall be valid or
effective unless evidenced 6y.an agreemerrt in wriUng signed by'both parties.
i. Copies of this �qreement shall be filed with the King County Auditor's Office
and the respective Clerks of the parties hereto.
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. ,
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first above written.
CITY BURN CITY OF PACIFIC
�' /
Peter . Lewis Pri ame: , . �
Aubum Mayor Title: P�1G��c. iwprYVR
Attest Attest:
��-� � . �
PrintName: Anc- D�+�
Danielle Daskam, Title: �AC W� } L� r,�C.
Aubum City Clerk
Approved a o form: proved s to form:
-niel B. Hei Print Name:
Aubum Ci4y Attomey Title: �A�(Frf i i'Y �TkYli11E �
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9H 2I2011
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8TATE OF WASIiINGTON )
) ss.
COUNTY OF KING )
ON THIS 2�` day of <;'��.✓ . 2011, b fore me personally
appe.ared �D�-�-e-✓ � .I���s and K-- to
me known to 6e the y and of
Gi�..,, o� �.�` �_,,vr� , a municipal corporation, the corparation that
ex�the within and foregoing insUument, and acknowledged said instrumerrt to be the
free and voluntary act and deed of said corporation, Tor 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� year in this certificate first above
written. ,,....�.�.,,�,���,�,����,,� �N���>'_`l�t�C�AJt�Cdc]�
,s-1 P' ��""Y ''�
_.�'r=' pTq�$1'�,� ���'�.� � NOTAR UBLIC in and i t e State
_ ;�o .r � ,�; � of Washington, residing a r�f,�
" N: z My Commission Expires: o z
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,,y�,,,�-�g���r
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STATE OF WASHINGTON )
) ss. '
COUNTY OF KING )
ON THIS � day of S�c�TEM6£P� , 2011, before me personally
appeared t�lC l�q�R.O Ntl�24-i� and 5 M�+� Mo�uT GoM�y to
me Known to be Uie M.Ai1 dR and - L'C.�Ra� of
,�`tt�l O� �P9tl FL � a muniapal corporaUon, the corpordtion that
eze � the within and foregoing instrument, and acknowledged said instrument to be the
free and yoluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated fhat they were au4horized to execute said instrument, and
the seat of said municipal corporation is affixed hereon:
WITNESS my h '�,�I_seaf hereto the d and ye r in this , rst above
.
written. ����•`p�......�A.96�
, '• N��T'�'Pf.��i O ARY PUBLIC in and for the State
'-yi� �er i� � = of Washington, residing at W/����
�; p ��4 , = My Commission Expires:�
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INTERLOCAL AGR ��sNN`
9!1?J2011
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EXHIBR A
SCOPE OF SERVICES
Services Provided:
• General network and desktop support
. Celi phone setup and management
• Operating system patch management on servers and desktops
•. �rus protection soRware management
• Technical research and recomrriendations
Services not included which may incur additional charges:
• Project management
• Hardware replacement
• System upgrades
• Off hours support
Requssting support:
All requests for service should be emailed to su000rtCDaubumwa.aov. The.request wilP �
be forwarded to City of Aubum fectfnical staff for resolution:
Service leveis:
For requests e-mailed Monday �rough Friday from 7:00 am to 5:00 pm, we will try tb
respond within 30 minutes. During high call volumes, we will assist you as soon as
possible.
With authorization by Mayor, Police Chief or City Administrator, support outside regular
business hours will be provided on an emergency basis. If you need an immediate
response during off hours and have the appropnafe authorizallon, please email
heladeskfrDaubumwaaov with the name of authorizing person and nature of issue or
call 253-876-1947. Your issue will be forwarded to 4he on-call technician for resolution.
Service limitations:
. City of Aubum will assist and provide recommendations on network security but
security remains the responsi_bility of City of Paafic.
. City of Aubum will assist and provide recommendations on hardware and
soflware purchases. Alf hardware and software purchases are the responsi6ility
of City of Pacific.
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Billing:
All service will.be billed monthly according to Attachmen4'B. Services that are billed on
_
an hourly 6asis uvill include a tirief description of the service and the department where
the service was performed. "
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IXHIBIT B
COST OF SERVICES
._ _---- - - -- --- —
r - - - � ,
Support Function . Operatlng'Hours, - Bllhng;rate Morrthly cost
i, .
General Network and desktop M-F, 7 a:m.-5 p.m. $3,000.00 f morrth $3,OOD
mairrtenance and support induding exGuding holidays
operating system patch management,
virus system software management,
general troubieshooting and problem
resolution that can be via remote
accesslphane.
Network and desktop repair and ', M- F, 7 a:m. -5 p.m.. included included
mairrtenance that require onsite support. ' exduding holidays
All support responses by City of Aubum Non business hours 5110/hour wifh Per incident as
technical support staff during nori- one hour minimum required
business hours.
Note: COA technical.support staTf wiil not
respond without authorizatfon from
Mayor, Police Chief w City Administrator.
Netmotion CIieM Software n/a Client billed et Per event
actual cost when
added to Pacific
PC$31/GieM
' (required for police
only)
MaiMenance billed
at actual cost
when invoiced to
City of Aubum by
NetmoUon
vrus Protection 8 Remote Mgmt , 'n/a Client billed at Yearly
Soitware actual cost when
added to Pacific
PG-$35/dierrt
- -
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„ ,
Yearly
maintenance billed
per machine at
adual cost when
inyoiced to City of
Aubum by
soflware vendor
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