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HomeMy WebLinkAbout4970 RESOLUTION NO. 4 9 7 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF PACIFIC FOR MUNICIPAL SERVICES WHEREAS, the City of Pacific is in need of assistance with various items of municipal services which the City of Auburn may be able to provide on an interim basis; and WHEREAS, the parties are agreeable to an agreement whereby such services shall be provided by the City of Auburn on a full cost recovery basis and are willing to negotiate the specifics of such agreement, and execute an agreement therefor NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows Section 1. That the Mayor is authorized to negotiate and execute an Interlocal Agreement between the City of Auburn and the City of Pacific whereby the City of Auburn will provide municipal services for the City of Pacific, which Interlocal Agreement shall be is general conformity with the Interlocal Agreement a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. As the Mayor negotiates the specifics of this Agreement, attention shall be given by the Mayor to the need for City of Auburn tasks and projects and the affects that services to be provided by the City of Auburn for the City of Pacific, so that work done for the City of Pacific by Auburn does not delay or unduly impact City of Auburn projects. Additionally, rather than having the City of Auburn hire ---------------------------- Resolution No 4970 July 1, 2013 Page 1 of 2 additional staff to provide services for and on behalf of the City of Pacific, consideration shall be given to contracting with consultants or contract service providers for such work, so that the City of Auburn does not incur the on-going costs and obligations of additional Auburn staffing beyond the levels needed to meet its own needs. Furthermore, attention shall be given the kinds of work needed by the City of Pacific, and provided by the City of Auburn, so that any review and oversight by the Auburn City Council can be provided by the Auburn City Council Committee(s) that most closely relate(s) to the services being provided 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. fF Dated and Signed this day of 12013 ITY OF Rw PETER B LEWIS MAYOR ATTEST /� k'/,� 'c �V1�/(D �— Da elle E. Daskam, City Clerk APPROVED A TO FORM: iel B Heid, Attorney Resolution No 4970 July 1, 2013 Page 2 of 2 CITY OF AUBURN — CITY OF PACIFIC INTERLOCAL AGREEMENT FOR MUNICIPAL SERVICES 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� 2013, by and between the CITY OF AUBURN, a municipal corporation o he State of Washington (hereinafter referred to as "Auburn"), and the CITY OF PACIFIC, a municipal corporation of the State of Washington (hereinafter referred to as "Pacific"), WITNESSETH WHEREAS, Pacific seeks municipal services including but not limited to Public Works, Planning, Information Technology Service, and City Clerk; and WHEREAS, Auburn has the requisite skills, resources and experience necessary to provide such services and is willing and agreeable to provide such services upon the terms and conditions herein contained. NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the parties hereto do hereby agree as follows. 1. SCOPE OF SERVICES Auburn agrees to perform for Pacific, in a good and professional manner any services required by the Pacific for the administration of the City Specific tasks shall be designated in writing by Pacific and shall describe the scope of the task to be performed, the expected deliverables, and a date by which the task should be completed. Auburn shall perform the services as an independent contractor and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership, joint venture, employment or other relationship with Pacific. 2. PACIFIC'S RESPONSIBILITIES Pacific shall do the following in a timely manner so as not to delay the services of Auburn. a. Designate in writing a person or persons to act as Pacific's representative with respect to the services to be performed. Pacific's designee(s) shall have complete authority to transmit instructions, receive information, interpret and define Pacific's policies and decisions with respect to the services, except in the event of an emergency as described in each Exhibit. AUBURN/PACIFIC INTERLOCAL AGREEMENT July 1, 2013 Page 1 of 7 b Furnish Auburn with all information, criteria, objectives, schedules and standards for the services provided for herein. C. Arrange for access to the property or facilities as required for Auburn to perform the services provided for herein d Examine and evaluate all studies, reports, memoranda, plans, sketches, and other documents prepared by Auburn and render decisions regarding such documents in a timely manner to prevent delay of the services 5 ACCEPTABLE STANDARDS Auburn shall be responsible to provide, in connection with the services contemplated in this Agreement, work products and services of a quality and professional standard acceptable to Pacific. 6. COMPENSATION Pacific shall compensate Auburn for performance of the services at a full cost recovery rate This rate shall include basic salary and benefit costs, plus other costs incurred by Auburn on Pacific's behalf in connection herewith. Auburn shall, upon request, provide Pacific with a specific breakdown of its rate calculations Auburn shall submit to Pacific a monthly invoice and Pacific shall process the invoice or statement in the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment to Auburn thereafter in the normal course, subject to any conditions or provisions in this Agreement or Amendment. Pacific shall pay Auburn for the invoiced work within thirty (30) days after the days of the invoice 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 each task request, unless otherwise agreed to in writing by the parties. The term of this Agreement shall be in effect for note more than three (3) years beginning on the date of signing, and may be extended thereafter by written agreement of the Parties not later than 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 consistent with Paragraphs 11 and 12 of this Agreement. 8 OWNERSHIP AND USE OF DOCUMENTS All documents, reports, memoranda, diagrams, sketches, plans, design AUBURN/PACIFIC INTERLOCAL AGREEMENT July 1, 2013 Page 2 of 7 calculations, working drawings and any other materials created or otherwise prepared by Auburn as part of its performance of this Agreement (the "Work Products") shall be owned by and become the property of Pacific, and may be used by Pacific for any purpose beneficial to Pacific. Public records requests shall be the responsibility of Pacific; however, Auburn may assist at Pacific's request at hourly rates provided in this Agreement. 9. RECORDS INSPECTION AND AUDIT All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement shall be subject to inspection and audit by Pacific for a period of up to three (3) years from the final payment for work performed under this Agreement. 10 CONTINUATION OF PERFORMANCE In the event that any dispute or conflict arises between the parties while this Contract is in effect, Auburn agrees that, notwithstanding such dispute or conflict, Auburn shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. Provided that, if Pacific fails to pay for the services provided by Auburn, Auburn can cease providing such services until payment is made. 11. ADMINISTRATION OF AGREEMENT This Agreement shall be administered by the Mayor of the City of Auburn on behalf of Auburn, or designee, and by on behalf of Pacific, or designee Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses. CITY OF AUBURN CITY OF PACIFIC Mayor 25 W Main St 1003 r Ave SE Auburn, WA 98001-4998 Pacific, WA 98047 Phone 253-931-3008 Phone 253-929-1108 Fax: 253-288-3132 Fax: 12. NOTICES All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and addressed, if to a party of AUBURN/PACIFIC INTERLOCAL AGREEMENT July 1, 2013 Page 3 of 7 this Agreement, to the address for the party set forth above Either party may change his, her or its address by giving notice in writing, stating his, her or its new address, to the other party, pursuant to the procedure set forth above 13 INSURANCE Pacific shall maintain in full force throughout the duration of this Agreement comprehensive general liability insurance with a minimum coverage of $2,000,000 00 per occurrence/aggregate for personal injury and property damage. This requirement shall be deemed satisfied by evidence of Pacific's limits of coverages, exclusions and limits of liability satisfactory to Auburn. Auburn shall maintain in full force throughout the duration of this Agreement comprehensive general liability insurance with a minimum coverage of $2,000,000 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 coverages, exclusions and limits of liability satisfactory to Pacific. 14 INDEMNIFICATION a. Pacific shall indemnify and hold Auburn and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against Auburn arising out of, in connection with, or incident to the execution of this Agreement and/or Pacific's performance or failure to perform any aspect of this Agreement; provided, however, that if such claims are caused by or result from the concurrent negligence of Auburn, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of Pacific; and provided further, that nothing herein shall require Pacific to hold harmless or defend Auburn, its agents, employees and/or officers from any claims arising from the sole negligence of Auburn, its agents, employees, and/or officers. No liability shall attach to Auburn by reason of entering into this Agreement except as expressly provided herein. b Auburn shall indemnify and hold Pacific and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against Pacific arising out of, in connection with, or incident to the execution of this Agreement and/or Auburn's performance or failure to perform any aspect of this Agreement; provided, AUBURN/PACIFIC INTERLOCAL AGREEMENT July 1, 2013 Page 4 of 7 however, that if such claims are caused by or result from the concurrent negligence of Pacific, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of Auburn; and provided further, that nothing herein shall require Auburn to hold harmless or defend Pacific, its agents, employees and/or officers from any claims arising from the sole negligence of Pacific, its agents, employees, and/or officers No liability shall attach to Pacific by reason of entering into this Agreement except as expressly provided herein. 15 WAIVER OF SUBROGATION Pacific and Auburn hereby mutually release each other from liability and waive all right of recovery against each other for any loss caused by fire or other perils which can be insured against under fire insurance contracts including any extended coverage endorsements thereto which are customarily available from time to time in the State of Washington, provided, that this paragraph shall be inapplicable to the extent that it would have the effect of invalidating any insurance coverage of Pacific or Auburn. 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 AUBURN/PACIFIC INTERLOCAL AGREEMENT July 1, 2013 Page 5 of 7 discriminated against or receive discriminatory treatment by reason thereof 20. MISCELLANEOUS a. All of the covenants, conditions and agreements in this Agreement shall extend to and bind the legal successors and assigns of the parties hereto b. This Agreement shall be deemed to be made and construed in accordance with the laws of the State of Washington. Jurisdiction and venue for any action arising out of this Agreement shall be in King County, Washington. C. The captions in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. d. Unless otherwise specifically provided herein, no separate legal entity is created hereby, as each of the parties is contracting in its capacity as a municipal 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. Operational review and service meetings shall be held every six (6) months, 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. AUBURN/PACIFIC INTERLOCAL AGREEMENT July 1, 2013 Page 6 of 7 i. Copies of this Agreement shall be filed with the King County Auditor's Office and the respective Clerks of the parties hereto IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written Cl OF AUB CITY OF PACIFIC Peter B. Lewis f int m me fh iv. _ Auburn Mayor rin dle. e, 1 Attest: (k Attest: 41:67— ¢S/2i S cosh Danielle Daskam, PrintNarAe �f4.J. Csar�ison Auburn City Clerk Pacific City Clerk of Appr ve as pp oved as to form Daniel B Heid KenyonpN7uoe Auburn City Attorney Pacific i Attorney AUBURN/PACIFIC INTERLOCAL AGREEMENT July 1, 2013 Page 7 of 7 �=x:'tZY,( J..,s;'aF j-?,G'a •t - :,�` .. a_ c. x,":`,�`.y;.�;�." _ s� .x ;� _ � _� .„` F� .1•<Si�n •4'S�`%,,'4. .ki._. , �$ r&. •�.: y� it e _ ^��r �x 'r '�_ .y ,sw d���t � s -� A�'� �- rti .,f'• � ,ate '" �`.R, � a`�3`"„. �a i"°�..`Wi?l �• &inti n x �*1.+�p,'_:� 9 r '�; '','. 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SUMMARY OF INSURANCE _ - Property Business Auto _ -Inland Marine Employee Benefits Liability Equipmnt own 'e General Liability 'Employment Practices Liability - PRESENTED BY Elizabeth Miser,Area Vice President Arthur J.Gallagher Risk Management Services, Inc. 1015 A Street Suite 800 Tacoma,WA 98402 ' 253-627-7183 - w .aiorms.com 01/16/2013 s _ Arthur J. Gallagher Risk Management Services PROPERTY INSURANCE Coverage: Property including Inland Marine Carrier: Landmark Insurance Company Policy Period: 1/1/2013 to 111/2014 The following is a general summary of the Insuring Agreement. Refer to actual policy form for complete terms and conditions. Coinsurance or A reed Amount: ■ • Wffiffiriff• s All Covered Property Yes N/A Coverage Includin Limits/Sublimity Blanket Property Policy Limit I L I$7,081,513 i Inland Marine Values L $78,700 Included in Blanket Property Policy Limit Deductibles/SIR: • • s Deductible All Covered Perils except Earthquake $5,000 Per occurrence & Flood Deductible Earthquake, per unit of insurance, 5% Per unit of insurance, subject subject to a minimum of$25,000 to a minimum of$25,000 per occurrence Deductible Flood (100 & 500 year flood zones is Per occurrence EXCLUDED) Additional Coverage(Includin Limits/Sublimity): • ■ • IIT Earthquake .S $2,500,000 Per Occurrence and Annual Aggregate Flood S $2,500,000 Per Occurrence and Annual Aggregate Ordinance or Law- Coverage i S $200,000 Per Occurrence B&C combined Transit& Off Premises ____4 S $10,000 Per Occurrence Accounts Receivable/Valuable I $50,000 Per Occurrence Papers Proposal for City Pacific 11 �. Arthur J. Gallagher Risk Management Services _ ��• - f F 7,,,;,.. •tom.. ?'��; - <y:� Newly Acquired Real Property $250,000 Per Occurrence Newly Acquired Business S $100,000 Per Occurrence Personal Property Electronic Data Equipment $25,000 Per Occurrence Fine Art 00 Per Occurrence Hc�ourts, Esufaces LSIGreater of 25% of loss or Per Occurrence 00 tennis 00 Per Occurrence Valu ations: ° ° e Replacement Cost I Buildings& Business Personal Property Actual Cash Value Machinery and Equipment 10 years or older Perils Covered: Special Form Perils Applies Exclusions include, but are not limited to: e e Earthquake Sprinkler Leakage Exclusion Other si nificant terms and conditions/restrictions: ISO Forms—Current to 2007 versions& RSUI Forms Broker Fees Are Fully Earned Premium $46,595.00 Broker Fee 1,750.00 WA Surplus Lines T&F 1,015.25 ESTIMATED PROGRAM COST: $49,360.25 Minimum Earned Premium 25% Proposal for City Pacific 12 Arthur J. Gallagher Risk Management Services LIABILITY INSURANCE — EXCESS SIR'S Coverage: Liability Carrier Lexington Insurance Company Policy Period: 1/1/2013 to 1/1/2014 Form T e: • e _ ' s . • . • o • Mw General Liability—BI PD and Personal Occurrence I N/A N/A and Advertising Injury Automobile Liability Occurrence N/A N/A Error and Omissions Liability Occurrence N/A N/A Employment Practices Liability Occurrence N/A I N/A Employment Benefit Liability Occurrence N/A N/A Coves e: o • -General Liability, including $5,000,000 Each Occurrence and Annual contractual and Personal and Aggregate Advertising Injury Automobile Liability $5,000,000 I Each Occurrence Errors and Omissions Liability $5,000,000 Annual Aggregate Employment Practices Liability $5,000,000 Annual Aggregate Employee Benefits Liability $5,000,000 Annual Aggregate Deductibles/SIR: • e o SIR General Liability $250,000 Per Occurrence SIR Auto Liability $250,000 Per Occurrence SIR Errors and Omissions Liability $250,000 Per Occurrence SIR Employee Benefit Liability $250,000 Per Occurrence SIR Employment Practices Liability I$500,000 Per Occurrence Other significant terms and conditionsfrestrictions: • • IIIIIIIIIIIN Washington Surplus Lines Taxes& Fees -TBD Proposal for City Pacific 13 . Arthur J. Gallagher Risk Management Services Policy Form Dec: LX8437 (12108) PUBLIC ENTITY RET LIMIT DEC Text: LX8438 (12/08) PUBLIC ENTITY RET LIMIT TXT No Flat Cancellations after binding All Fees Fully Earned at binding, no returns/refunds LX8589 (06/10) CRISIS RESPONSE COVERAGE EXT LX0404 SCHEDULE OF RETAINED LIMITS LX0404 APPLICATION OF RETAINED $148,515.00 Premium Broker Fee 7.500.00 WA Surplus Lines Taxes&Fees 3,276.32 ESTIMATED PROGRAM COST: $159,291.32 Minimum Earned Premium 50% Proposal for City Pacific 14 Arthur J. Gallagher Risk Management Services AUTO PHYSICAL DAMAGE Coverage: Business Auto Carrier Ohio Casualty Insurance Company Policy Period: 1/1/2013 to 1/1/2014 Coverage: • • :e Auto Physical Damage Comprehensive Covered 17 - Collision Covered 17 Deductibles/SIR: • e • Deductible Auto Physical Damage-Comprehensive $1,000 Deductible Auto Physical Damage- Collision 1$1,000 Auto S mbols: : • • • e • e e e • : e Business Auto 1 Any Auto Only those autos you own (and for Liability Coverage any trailers you don't 2 Owned Autos Only own while attached to power units you own).This includes those autos you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger autos you own. This includes those private Passenger Autos Only passenger autos you acquire ownership of after the policy begins. Owned Autos Other Than Only those autos you own that are not of the private passenger type(and for 4 Private Passenger Autos Liability Coverage any trailers you don't own while attached to power units Only you own).This includes those autos not of the private passenger type you acquire ownership of after the policy begins Only those autos you own that are required to have No-Fault benefits in the Owned Autos Subject To state where they are licensed or principally garaged. This includes those 5 No-Fault autos you acquire ownership of after the policy begins provided they are required to have No-Fault benefits in the state where they are licensed or principally garaged. Only those autos you own that because of the law in the state where they Owned Autos Subject To are licensed or principally garaged are required to have and cannot reject 6 A Compulsory Uninsured Uninsured Motorists Coverage.This includes those autos you acquire Motorists Law ownership of after the policy begins provided they are subject to the same state uninsured motorists requirement. Specifically Described Only those autos described in Item Three of the Declarations for which a 7 Autos premium charge is shown (and for Liability Coverage any trailers you don't own while attached to any power unit described in Item Three). Only those autos you lease, hire, rent or borrow This does not include any 8 Hired Autos Only auto you lease, hire, rent, or borrow from any of your employees, partners (if you are a partnership), members (if you are a limited liability company) or members of their households. Proposal for City Pacific 15 Arthur J. Ga -llagher Risk Management Services . . Only those autos you do not own, lease, hire, rent or borrow that are used in • - connection with your business This includes autos owned by your 9 Nonowned Autos Only employees, partners(if you are a partnership), members(if you are a limited liability company), or members of their households but only while used in your business or your personal affairs. Mobile Equipment Subject ci Compulsory Only those"autos"that are land vehicles and that would qualify under the Or Financial q fy 19 Responsibility Or Other definition of"mobile equipment" under this policy if they were not subject to Motor Vehicle Insurance a compulsory or financial responsibility law or other motor vehicle insurance Law Only law where they are Licensed or principally garaged. Exclusions include, but are not limited to: • • • Excluded Drivers—None at inception Expected or Intended Injury Contractual Workers' Compensation Employers Liability Property Damage to Property Owned or Transported by you Pollution Other standard policy exclusions apply Terrorism Premium ESTIMATED PROGRAM COST: $18,630.00 Subject to Audit: Composite Rated Auditable Ex osures: ee e e .• - 132 Vehicles Vehicle Schedule: NP5,07W e 1 20 2006 Ford E350 VFDWE35L76DA44638 $18,500 Kin C 2 2 2009 Dodge 48867D 2B3KA43T99H506567 $18,000($30,000 with equipment) Charger 3 3 2009 Dodge 48868d 263KA43T09H506568 $18,000($30,000 with equipment) Charger 4 4 2009 Dodge 48866D 2B3KA43T79H506566 $18,000($30,000 with equipment) Charger Proposal for City Pacific 16