HomeMy WebLinkAbout4804 RESOLUTION NO. 4 8 0 4
A RESOLUTION OF THE CITY COUNGIL OF THE CITY OF
AUBURN, WASHINGTON, APPFtOVING AND
AUTHORIZING THE 2012 REGIONAL AERIAL MAPPING
FUNDING AGREEMENT
WHEREAS, the Parties to this Agreement consist of a consortium of local
governmental entities, including counties, cities, and govemmental services agencies;
and
WHEREAS, thisfunding agreement is authorized by Chapter 39.34 RCW, the
Interlocal Cooperation Act, which allows local governrriental entities to make efficient
use of their resources by coopera4ing with each other on a basis of mutual advantage to
meet the needs af local communities;and
WHEREAS, the purpose of this Agreement is to permit the Parties to cooperate
on the funding of a 2012 Regional Aerial Mapping Project (Project); and
WHEREAS, the Project will utilize vendor services for the production of
orthoimagery and related aerial mapping, and include a structure forfunding,
govemance, technical and administrative management, and quality control/quality
assurance (QC/QA) of deliverables from the selected vendor (Vendor); and
WHEREAS, agencie.s throughout the Pacific Northwest region regularly engage
in joint operations and provide mutual'assistance through effective interagency
cooperation. Jointly funding the Project will,optimize the agencies' powers and
resources, and ensure a standardiied product for all participants; and
WHEREAS, this Agreemenf will provide substantial benefit to the citizens of the
participating governmental agencies;
Resoludon No,4804
February 21, 2017
Page 1 of 2
WHEREAS, the aerial mapping is the basis for the citywide GIS system and is a
criticaltool used byall City departments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Section 1. That the 2012 Regional Aerial Mapping Funding Agreement, which
agreement shali be in substan4ial conformity to the copy which is attached hereto as
Exhibit A, is approved and the Mayor and City Clerk are authorized to execute the same
on behalf of the City of Auburn.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this ��day of `7�c �-.z-f� , 2012.
CI OFA U
���
PETER B. CEWIS, MAYOR
ATTEST:
��
Dan lle E. Daskam, City Clerk
APP VED O FORM:
a ' B. Heid, City Attomey
Resolution No. 4804
Febrvary 21, 2012
Page 2 of2
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2012 Regional Aeiial Mapping Funding Agreement
7'his Funding,AgreemeM (Agreement) is cntered info by.and among: the City of
Algona, the City of Auburn, fhe City of Bainbridge lsland, the Bain6ridge Island Fire
Departrnen� the Bainbridge Island Land Trust, the Bainbridge Island Metro Park and
Recreation Dislrict, tlie City of Bellevue, the City of Bothell,the City of Bremerton,the
Gity of Siuien, the City of Clyde Hill, the City of Co4ington, the Covington Water
District,the City of Des Moincs;the City of Enumclaw,the City of Federal Way,the City
of Issaquah, the King Counry Water District 125, the City of Kenmore, the County of
King, the City of Kirkland, the Coumy of Kitsap, the Kivap Eublic Utility District, the
Lakehaven Utiliry District, the Ciry of Lynnwood, the City of INaple Valley, the City of
Medina, the Ciry of Mercer Island, the Midway Sewer District, the Muckleshoot Tribe,
the City of Newcastle, the City ofNormandy Pazk,the North Kitsap Pire and Rescue, the
Ciry of Pacific, the Port of SeatHe,the City of Poulsbo,;the City of Redmond, the City of
Renton, the Ciry of Sammamisli, the Ciry of SeaTao, ttie City of Seattle, the City of ,
Shoreline;the S'Klallam Tribe, the Ciry of Snoqualmie,thcSuquamishTribe;the City of
Tukwila, the United States Geological Survey, the Valley View SewerDistrict, the West
.
Sound Utility District, the City of Woodinville, the Town of Yarrow Point, and other
counties, cities and governmental servicc agencios that later join (hereinatter"Party" or
Parties'�.
RECITALS
WHEREAS, the Partios to this Agreement consist ofa consortium of local governmental
entities, including counties,cities,and governmental services agencies;and
WHEREAS, this funding agrcement is authorized by chapter 3934 RCW, the interlocal
Cooperation Act, which allows local govemmental enuties to make efficient use of their
resources by cooperating with each other on a basis of mutual advantagc:to meet the
needs of local communities;and
WHEREAS, the purpose of this Agreement is to permit the Pariies to cooperate on the
funding of a 2012 Regional Aerial Mapping Project(Project);and
WHEREAS, the Project will utilize vendor services for the production of orthoimagery
and relafed aerial mapping,and inclnde a suucture for funding,governance, technical and
administrative management, and quality controUquality assurance (QC/QA) of
deliverables from the selected vendor(Vendor);and
WHEREAS, agencies [hroughobt the Pacific Northwest region regularly engage in joint
operations and provide muEua! assi§tance through effeoti4e interagency cooperation.
7ointlyfunding the Project will optimize the agencies' powers and resources, and ensure
a standardized product for all participants;and
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WHEREAS, this Agreement wip provide substantial benefit to the citizens of the
participating govemmental agencies;
NOW'I7-IEREFORE; it is hereby agreed and covenanted among the undersigned as
foltows:
1. PROJECT DESCRIPTION
All Project details, technical specifications, and doliverable descriptions will
appesr in the Statement of Work(SOV�to be developed for inclusion in the Invitation to
Bid (ITB}. Bid submittals will be reviewed, including reference checks. Anybid failing
to meet all reqiiirdments of the SOW will be rejected. All otfier bids will be considered
accepted and will be ranked based on price. The iowest priced, accepted bid that fully
meets all requirements of the SOW will constitute the contract between King County(as
representative oftfie signatories ofthis Agreement),and thtVendor.The piimary Project
goal (Standard Deliverables) is 3-inch, 6-inch, and l2-incA Fesolution orthoimagery, both
natural color and neaz infrared, as well as stereo models, and.supporting data. Project
costs are shared where Areas of Interest (AOIs) overlap, in turn reducing each Party's
financial commitment. A secondary Project goal (Supplemental Deliverables) is aqcill.ary
datascts such as transporta6on impervious,structure Tooflines, other impervious surfaces,
and detailed wntours derived from the Standard Deliverables. These costs will be paid
sole(y 6y those Par[ies providing an AOI for these products, discounted forany savings
from overlap among the AOIs.
Il. PROJECf MANAGER
1. Kin� County shall appoint a King County Project Manager (PM) to manage
the Vendor contract on a day-to-day basis. Tha PM shall report ro and make
recommendarions to ffie Project Steering Commiuee:'(PSC) on the matters
described in Section II1.2 below,and shall be readilyaccessible via phone and
e-mail by all Parties. The PM shall remain an employerof King County at all
times, and King Coun4y shall retain the right and duty to super'vise the PM at
all times. King County will assume all personnel costs associated with project
management for the:Project.
2. The duties of the PM shall incldde:
a. Form subcommittxs and workgroups as needed by the Project,and as
directed by the PSC, including a Technical Work Group(TWG).
b. In consultation witA the TWG,work with,as necessary and as
available,supplqmental personnel resourcgs as described in Section V.
c. Preparea cost-allocution model for revi6wand acceptance by tlle PSC.
Upon acceptance, populate the model with required data to provide
each Party with accurate cost estimates,and a final cost once a bid has
been accepud.
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d. Coordinate with King County Procurement to incorporate the SOW
into an 1'CB; advertise the ITB; address any bid addendums; and
evalaate, rank, and summarize bid submittals for review by the TWG
and the PSC.
a Propare written justification for all bids that are rejected.
f. Manage the Vendor cantract on a day-to-day liasis and provide
direcNon and guidance to the Vendor as requested by the PSC.
g. Report to the PSC and the T'WG frequently on the Vendor's progross.
h. Account for delivery of all Standard and Supplemental Deliverables,
including a defined, but limited, qualiry check, and wordinate the
more detailed QC/QA reviews to be performed by the TWG.
i. Submk Vendor change order requests to the 1'WG' and the PSC for
cvaluatiomand determination ofresporise.
j. Submit Vandor invoices to the PSC and d'vect payment of such
invoices by the Fiscal Agont upon approval of the invoice by thePSC.
3. The PM will proyidcstaffsupport forand participate in PSC meetings, but '
shatl not be a voting member of the PSC.
lli. PROdECT STEERING COMMITTEE
l. A Project Steering-Committee(PSC) shall be formed and shall consist of one
voting representative from each Party tt�at is a signatory to this Agreement.
The 'I'WG will pro4ide one voting representative to the PSC. The PM, as a
non-voting member ofthe PSC,will provide coordination among the PSC,the
TWG, and the Vendor. The King Counry GIS Manager, as the King Counry
representative,will serve as tfie Chair of the PSC.
2. The PSC shall direct the PM on all substantive decisions wncerning the work
and shall review and take final action on the following specific items:
a Approve the Project methodology and calculations for cost allocation
developed by the PM.
b. Approve the SOW joinNy developcd by the TWG and the PM prior to
issuance of tfie 1'['B.The SOW will include a schedule for completion
of the entire Project.
c. Review an8<approve;joint recommendations by the PM and the TWG
on the lowest=cost bid submittal that meets all requirements of the
SOW.
d. Determine e contingency poroontage to be applied to the cost
allocation model in addition to the Vepdor conuact price as set forth in
Section VR.2.
e. Rxeive reports from the PM for management of the Vendor contract
and deliverables..
f. Approve the Quality ControUQuality Assurance (QGQA) Plan
developed joindy 6y the PM and the TWG. Review and approve
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QC/QA resulu deVeloped and submitted jointly by the PM and the
'f WG, including rejected deliverables and a timeline for redelivery.
g. Evaluate and provide direction to the PM regarding change order
requests whether initiated by the Vendor or by a member or memben
of the PSC.
h. Authorize Vendor payments as submitted by the PM.
i. Develop administrative policies necessary for proper functioning of
the PSC,and provide direction for the TWG and other ad hoc groups
as may be necessary.
3. Each rcpresentative of the PSC may appoint an alternate rePresentative who
shall be empowered to act on behalf of the primary representative.
4. The PSC will make decisionsby consensus. However, if consensus cannot be
reached, any PSC member may caU For a votei Matters must be approved
either by a simple majority of al] members present at a meeting, or if the
matter is proposed by ortiail in accordance with Section III.S, by a simple
majority of the PSC members.
5. Meetings of the PSC shall be held on an as-needcd basis. Meetings may be
scheduled at the request of the Chair of the PSC;the PM, or by a majority of
the PSC members. The Chair shall be responsible for the logistics of
scheduling .PSC meetings; Attendance` may ba in person or via
teleconferencing. When required,voting by email will be acceptable.
IV. TECHNICAL WORK GROUP
I. The responsibilities of the Technical Work Group(TWG)shall include:
a. Create s SOW for the Project and submit the SOW to the PSC for its
approval.
b. Review bid(s) ranked by the PM and provide a recommendation to the
PSC on ranked bid(s); if any.
a Perform necossery QC/QA for Project deliverables and report results
to the PM forcommunication to the Vendor.
d. Executeanybther tasks as may be required by the PSC.
2. The TWG wil! provido one voting representative to the PSC.
3. The TWG:shall consist of one voting representative from each Party that is a
_. ..
signatory to this Agrecment A Pa�ty's PSC.representative may also reprosent
the Party on the TWG.
4. The TWG will make decisions by consensus. However, if consensus cannot
be reached, any TWG member maycall for a vote.Matters must be approved
either by a simple majority of all members present at a meeting, or if ihe
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matter is proposed by email in accordance with Secpon IV.S, by a simple
majority of the 7'WG mamtiers.
5. Mcetings of the TWG shail be held on an as-needed basis. Mectings may be
scheduled at the request of the chair of the PSC, the PM, or by a major'iry of
the TWG member"s. The PM shall be responsible for thc logistics of
scheduling 7'WG mxtings. Attendance may be in person or via
teleconferencing. When required,voting by email wil] be acceptable.
V. SUPPLEMENTAL RESOURCES
1. The PM, in consultation ivith the TWG,may work with,as necessaryand as
available,supplemental resources with demonstrated technical expertise
rzlated to the project. Contemplated supplemen4al resources include a
rogistered photogrammetrist(or equivalent expertise);and supplemental
project management with proven production and regional project experience.
2. Supplemental resources,when provided,will k�e beneficial to the project
participants. All project costs associated witli a Tagistered photogrammetrist
(or equivalent pcpertise)shall be borne by King County;and aIL supplemental ,
project management costs shall be borne by the Party providin�the support.
VT. FCSCAL AGENT
1. King County,acting as fiscal agent for the Project,shall:
a. Enter into a Vendor wntract.
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b. Validate the cost for each Party.
c. lnvoice each Party in accordance with thisAgreement.
d; Maintain ProjecY funds in the King County Imagery Reserve, a
separate, non-interest-bearing fund managed by King County GIS
FunA 5481,to be disbuTSed as provided in this Agreement..
e. Pay Vendor'invoices approved by the PSC.
f. Refund excess.funds;if necessary.
2. King Counry shall:pert'orm and maintain an aocounting of payments received
from all Parties including: billings recei4ed from the Vendor, payments made
to the Vendor, and unspent funds. King County shall provide a statement of
this accounting to all Paities in email or writing quartedy or upon written
(including e-mail) request.
3. Upon receipt of a notice of any rxord keeping dispute, King County shall
notify all Pariies and meet jointly with all interested PSC members within two
(2)weeks to resolve any record ke.eping disputc.
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VII. CON7'RIBUTIONS BY PATiTIES
1. By executing Counurparts, Section XIX of this Agreement,each Partyagrxs
to pay its roquired monetary conuibutiocy as stated on the signature page, for
all Standard and Supplemental Deliverables for its AOI.
2. The actual contribution for each Party (exclusive of grant funds) shall be
calculated once the Vendor contract price is set, using [he cost allocation
model set.forth below, which will include a contingency percentage to be
determined by the PSC. Cost allocation modet for Standard Deliverables
(imagery and supporting data): Each Party's funding commitrnent will be
factored as the cost per full 30Q0-ft x 3000-ft tile(Tile)that intersects iu AOI,
discounting for significent areas of water. For Tiles where AOIs overlap, the
cost will be prorabed. equally among the afFected Parties. Cost allocation
model for Supplemental Deliverables: Each Party's commitmenE will ba
factored as the tleli4erable unit cost times the erea of tt�e Party's.AOI for that
deliverable. Where AO[s overlap for the same deliverable, the cost will be
prorated egually among the afTected Parties. lt is the sole responsibility of any
effected Party to define tfie SOW requirements for iu Supplemental
Deliverables and to pay full costs, if not prorated with another Party.
3. By signing this Agreement,each Party commits to paying its full contribution
to the King County Itnagery Reserve Fund by 4.p.m., February 29,2012.Any
qualifications to this coirimitment will be stated.irtCounterparts, Section XTX,
foi that Party.An invoice will be generated for each Party.
4. AIF payments to the King Counry Imagery Reserve Fund shall be made by
check payable to King County Pinance, and sent to King County GIS, 201 S
Jackson St,.Suite706, Seaftle, WA 98104,Attn: Kary Cressey.
5. By signing this Agreetnent each Party is committing to license the primary
Standard Deliverables (orthoimagery and supporting data) for its AOT
resulting from this;Project. Default licensing terms will apply unless Party-
specific licensing terms are included in the SOW. Each Party requiring
licensing language different than the default will provide such language for
inclusion in the SOW. In contrast, Supplemental Deliverables will be
purchased(owned outright) by each Party wmmitting to this Agreement.
6. Except for a contingency atnount, as detertnined by the PSC, King County
shal! not collect funds in excess of the Vendor contract price unless the
contract price has been amended witli a PSC-approved change order. All
funds collected by King County shall be used sololy to pay tho-Vendor for
work completed under the Vgndor contract. King County shall not collect,
receive or retain any of ttie"se funds for project management, adminisuative
fees, or other actions it performs under this'Agreement. Should there he an
excess of funds,King County wil I refund'any excess if greater than$10,and if
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the affected Party specifically requests the refund. My excess not refunded
shali ramain in the Imagery Reserve Fund for usc in subscquent regional
imagery acquisitions, until this Agreement (or as amended) expires, at which
time all romaining fundswill be refunded to the affected Partics:
7. lf a Party's contribution is made up in whole or in part of grant funds, the
Party agrees to provide King County with a copy of the contract between itself
and the grant funding agency in order to assist King County and the PSC in
complying with the requiroments of any suoh grant. The grant contract shall
be provided as soon as possible after commilting to this Agreement, and no
later than when tho Party deposits its tunds with King County.
8. ln addition W the 6scal commitment for funding the Standard Deliverables
and optional Supplemrntal Deliverables, Parties may, but are not required to,
wnfibute as follows:
a. Partioipate as a memlier or altemate to the PSC.
b. Participate as a member of the TWG or other committee. This may
include assisting in esteblishing ground control, developing
specifications for Supplemental Deliverebles required by the Party,
and developing QC/QA procedures for Standard and Supplemental
Delivefables required by the Party.
c. Perform all defailed QC/QA of. sr8,�aaza and Supplemental
Deliverables (if any) for its AOI using a TWG-detined plan and
schcdule. ('[7ie PM wi11 perform limited, baseline assessment of the
Standard Deliverables only).
VIII. ADDITION OF PARTIES
1. An entity may be added to this Agreement as long as the entity signs this
� Agceement by 4 p.m. December 2, 2011, or by 4 p.m. on the fourteenth (14th)
day after the PSC selects a winning bidder, if after DecemGer 2'�,201 I.
2. A Party added to this Agreement shall make full payment to the King Counry
imagery Reserve Fund by 4 p.m. February 29, 2012. A Party may contribute
its share from iu budget for either FY 20l I or FY20 t2.
3. Any entity who wishes to participate in the Agrcement after the datc
established in VIli.l maybecome a Party by contributing the rzquired funds
to the King County Image Reserve Fund. This contribution will be the full
cost (not prorated if sliared by other Parties) of a Tile, if a Standard
Deliyerable,or the applied unit cost, ifa Supplementel Deliverable.Any funds
due to a Par[y, whosa cost would have otherwise been prorated due to the
additional Party,will be managed per Section ViI.6.
IX. INDEPENDENT CONTRACTOR
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The services provided by King County under ttiis Agreement are those of an
independent contractor: Emptoyees of King Counry are-and will romain employees of
King County. Employees of the other Parties are and will remain employees of their
rospective Parties; Nothing in this Agrec�nent shsll be construed to render the Parties
partners orjoint venturers.
X. INDEMNIFICATTON
Each Party shall defend, protect snd hold hazmless the other Parties from and
against all claims, suits and/or other actions arising from any negiigent or intentional act
or omission of that Party's employees, agents and/or suthorized subcontractor(s) while
performing this Agreement.
XI. AMEIVDMENT
7fie Parties may amend thisAgreement. Such amendments shall not be binding
unless in writing and signed by personnef authorized to 6ind each of the Parties.
7QI. CHOICE OF LAW AND VENUE
This Agreement shall begoverned by the laws ofthe State of Washington,both as
to interprelation and performance. Any action at law, suit in equity or ottier judicial
proceeding,for the enforcement of this Agreement shall be instituted only in a court of
cornpetent jurisdiction in King County.
XIII. INTEGRATION CLAUSE
This instrument embodies the entire agreement of the Parties with respect to
funding of the Vendor contract. Tflere are no promises, (erms, conditions or obligations
other than those contained in this Agreement. This Agreement supersedes all previous
communications, representations or agreemenfs, either oral or written, between any Party
and King County.
XIV. TERMINATION CLAUSE
]n the event that King County decides not to hire a Vendor,this Agreement will
terminate and all Parties wil I receive a full refund of the'v contributed funds.
XV. NO ASSIGNMENT
The Parties shalt not subcontrect, assign, or delegate any of their rights,duties or
obligations under this Agrxment without the express prior written approval of King
Counry.
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XVI. DISPUTES
In the event that a dispute arises under this Agreement; the Parties shall endeavor
to resolve the disputc in an amicabk manner by dii�ect discussions. The Parties may
elevate the dispute to the PSC for resoluHon. [f not resolved by the PSC by mutual
agreement, then the Parties may engage in altemative dispute resolution 6y mutusl
agreement No party waives ifs rights to seek legal remedy'in tho jurisdiction and venue
stated in Section Xll.
XVIl. NOTICES
All notices and other communicatians shall begiven to the PM and all notices and
other communications to the other Parties shall be givon to the PSC'member for each
Party. Notices shall be given in writing and shall be sqffciently given and shall be
deemed given three (3) calendar days a8er the date by which the seme has ban (a)
mailed by certified mail, return receipt requested, postage prepaid, to the mailing address
s(iown"adjacent to the signatures of the Party to whom it is addressed or(b}sent by email,
with adequate proof of receipt retained by the sender, to the email address shown
•adjacent,to the signatures of the Party to whom it is addressed: Any of the Parties may,
by notice to ell other Parties, designate any further or difTerent addresses ro which
subsequent notices or other communicadons shall be sent.
XVIiI.EFFECTIVE DATE;TERM
Notwithstanding when,this Agreemerrt is signed, tGis Agreement shall take effect
following its execution by each Party and shall expire at the end of 2014 unless
ferminated sooner.This Agreement m8y be amended to allow it to be usod for subsequcnt
coordinated data collection efforts, including, but not limited to, future orthoimagery
acquisitions.
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XIX. COUPiTERPARTS
This Agreement may be signed in several counterparts, each of which shall be an
original, but ail of whicfi together shall constitute the same instrvment.
The Funding Commitment information from each Party will be summarized in a report
disfibuted to all members of the PSC.
Name 1.Adcial 2.Taz on 3. Projcct 4.Digital ' S.Tax on Funding
ofParty Orthophoto Aerial Contingency Terrain Digita] Commiunent
graphy(3 Orthophot Mddel Terrain TOTAL
inch) ography (ground Model
model
City of $11,234.00 51,06/,23 $3;103.93 $9,458.87 5898.59 $25,762.62
Auburn
Funding Commitment TOTAL is the sum'of Items 1 through 5
lnvoice Part A'includes Items 1,2 and 3.
lnvoice Part B includes Items 4 and 5.
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