HomeMy WebLinkAbout4990 RESOLUTION NO. 4 9 9 0
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 BLACK DIAMOND FOR
INFORMATION TECHNOLOGY SERVICES
WHEREAS, RCW 39 34 authorizes public agencies to enter into
interlocal agreements; and
WHEREAS, the City of Black Diamond 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 and the Auburn City Clerk are
hereby authorized to execute an Interlocal Agreement between the City of Auburn and
the City of Black Diamond 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.
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Resolution No 4990
September 5, 2013
Page 1 of 2
Section 3. This resolution shall be in full force and effect upon passage and
signatures hereon.
Dated and Signed this day of-Ez�Q �t 1 Ate, 2013.
CI aBIS PE , MAYOR
ATTEST
,rQanielle E. Daskam, City Clerk
APPR'IW D
Daniel . Hei
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Resolution No. 4990
September 5, 2013
Page 2 of 2
EXHIBIT A
CITY OF AUBURN — CITY OF Black Diamond
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 1 day of
2013, by and between the CITY OF AUBURN, a municipal
corporation of the State of Washington (hereinafter referred to as "Auburn"), and the CITY
OF Black Diamond, a municipal corporation of the State of Washington (hereinafter
referred to as "Black Diamond"),
WITNESSETH :
WHEREAS, Black Diamond 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 Black Diamond, in a good and professional manner the
tasks specific to support the Black Diamond Police Department ("BDPD") 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 Black Diamond. 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 Black Diamond 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 Amendment were a part of this
INTERLOCAL AGREEMENT
April 17, 2013
Page 1 of 13
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 Black Diamond 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 Black Diamond 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. Black Diamond'S RESPONSIBILITIES
Black Diamond 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 Black Diamond's representative
with respect to the services described in Exhibit A. Black Diamond's designee
shall have complete authority to transmit instructions, receive information,
interpret and define Black Diamond'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 Black Diamond is
requesting support. Auburn shall use "remote access' technology to support
Black Diamond systems where possible to limit onsite costs Such examples
include Firewall, router, computer, Domain controller, active directory, Spillman
and secured/ encrpyted access to systems designated by Black Diamond to be
supported by Auburn.
INTERLOCAL AGREEMENT
April 17, 2013
Page 2 of 13
f. BDPD 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 WSPthat will allow
Auburn IT staff to work with CJIS and ACCESS information including SSID,
Mneumonics and ORI informaiton to support the system.
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 Black Diamond.
6 COMPENSATION
Compensation for Auburn's performance of the services provided for herein are
attached as Exhibit B . Annual sum shall be increased January 1, 2014 with
advance notice given to Black Diamond, 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 Black Diamond a monthly invoice and Black Diamond
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 Black Diamond, and
may be used by Black Diamond for any purpose beneficial to Black Diamond.
Public records requests shall be the responsibility of Black Diamond, however
Auburn may assist at Black Diamond request at hourly rates provided under
exhibit B for onsite support.
INTERLOCAL AGREEMENT
April 17, 2013
Page 3 of 13
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 Black Diamond 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 Black Diamond 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 E. Hoppen,
City Administrator or designee on behalf of Black Diamond 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 BLACK DIAMOND
Innovation & Technology City Administration
Ron Tiedeman Mark E. Hoppen
25 W Main St 24301 Roberts Drive
Auburn, WA 98001-4998 Black Diamond, WA 98010
Phone: 253-288-3160 (360) 886-5700
Fax: 253-804-3116
E-mail: rtiedeman @auburnwa.gov mhoppen @ci.blackdiamond.wa.us
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
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
INTERLOCAL AGREEMENT
April 17, 2013
Page 4 of 13
his, her or its new address, to the other party, pursuant to the procedure set forth
above
13 INSURANCE
Black Diamond 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 Black
Diamond's membership in a municipal self-insurance pool, including evidence of
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
$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
coverages, exclusions and limits of liability satisfactory to Black Diamond.
14. INDEMNIFICATION
a. Black Diamond 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
Black Diamond'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
Black Diamond; and provided further, that nothing herein shall require Black
Diamond 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 Black Diamond 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 Black Diamond
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 Black Diamond, its agents, employees, and/or officers, this
indemnity provision shall be valid and enforceable only to the extent of the
INTERLOCAL AGREEMENT
April 17, 2013
Page 5 of 13
negligence of Auburn, and provided further, that nothing herein shall require
Auburn to hold harmless or defend Black Diamond, its agents, employees and/or
officers from any claims arising from the sole negligence of Black Diamond, its
agents, employees, and/or officers. No liability shall attach to Black Diamond by
reason of entering into this Agreement except as expressly provided herein.
15. WAIVER OF SUBROGATION
Black Diamond 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 Black Diamond 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 parry 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
promulgatedto 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.
INTERLOCAL AGREEMENT
April 17, 2013
Page 6 of 13
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. 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.
INTERLOCAL AGREEMENT
April 17, 2013
Page 7 of 13
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first above written.
CI T F AUBURN CITY OF Black Diamond
Peter 8 Lewis Rebecca Olness
Auburn Mayor Black Diamond Mayor
Attest: Attest:
"),-,�Danielle Daskam, Brenda L. Martinez,
Auburn City Clerk Black Diamond City Clerk
Approv s t Approved as to form:
Daniel B Held Print Name-
Auburn City Attorney Title-
INTERLOCAL AGREEMENT
April 17, 2013
Page 8 of 13
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
moo\3
ON THIS day of 2644, before me personally
appeared 7 and
to me known to be the and
of—CJ C . k-. , a municipal corporation, the corporation that
executed the within and f egoing 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
044 ,
written. �.:•• ,,�� rJ`''.r, �
NOTARY PUBLIC in and for the State
" d of Washington, residing at V, .
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= My Commission Expires:
OF V4 P,
STATE OF WASHINGTON )
ss.
COUNTY OF KING ) �0 3
ON THIS 6111,— day of 00Vb-W -29-'F'f, before me p ersonall y
appeared __Rej 16 OL _Iss and
to me known to be the
,,� DV and
of _� W&AFJL, 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 offi�,iat►hf ,reto the day and year in this certificate first above
written. °°sa'`
...............
NOTARY PUBLIC in and for the 4�t�n��►State
�
=o z of Washington, residing at,64V
My Commission Expires: 903L14o
INTERLOCAL AGREEMENT
April 17, 2013
Page 9 of 13
EXHIBIT A
SCOPE OF SERVICES
Services Provided:
• General network and desktop support
• Application and software end user support
Operating system patch management
• Technical recommendations
Requesting support:
All requests for service should be emailed to helpdesk(5auburnwa.gov 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 Black Diamond Police
Department staff and designees.
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
helpdesk(a)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 Black Diamond.
• City of Auburn will document, and present information relevant to technical audits
however compliance will be the responsibility of Black Diamond, including CJIS
and ACCESS Audits.
• City of Auburn will assist and provide recommendations on hardware and
software purchases. All hardware and software purchases are the responsibility
of City of Black Diamond.
• Unless otherwise specified via addendum or SOW "additional services"
identified below will be the responsibility of Black Diamond
Additional Services:
INTERLOCAL AGREEMENT
April 17, 2013
Page 10 of 13
Current IT support is based on needs and requests of Black Diamond Police City of
Auburn may provide City-wide support based on same hourly rate, however all non-
police department support will be in addition to the basic services and support payment.
Black Diamond representatives may negotiate to add interim city-wide support services
or additional services to this ILA through an addendum process in the event additional
ongoing services are needed while both parties seek appropriate Mayor and Council
approval.
Additional services include but are not limited to
GIS Services
Spillman hosting and support
Licensing Support Netmotion and Virus Protection
Web Application and Design Services
Publishing and Design Services
Multimedia/ Film Services
Billing:
All service will be billed monthly according to Exhibit 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 100
helpdesk requests annually In the event annual helpdesk requests exceed 100 tickets,
City of Black Diamond agrees to negotiate these additional services which may include
mutually agreed adjustments to monthly service charges
INTERLOCALAGREEMENT
April 17, 2013
Page 11 of 13
EXHIBIT B
COST OF SERVICES
Support Function Operating Hours Billing rate Monthly cost
Project Specific one-time start-up Fees: Staff will coordinate $1500.00 - n/a
Evaluation of current needs identifies with Black Diamond $2250.00 plus
upfront hours of support to stabilize on appropriate times mileage. First
Police services, software and systems to accomplish work month will be
We estimate approximately 20-30 hours onsite. Billing will be prorated based on
of onsite work to accomplish specific based on time spent, completion of 20-
requests in a timely fashion. Estimate and billed for actual 30 hours.
includes. Firewall and VPN configuration, hours as they occur
Vehicle MDC reimaging, profile updates,
State Link activation, and network
administration
General Network and desktop M - F, 7 a.m. - 5 p.m. $400.00/ month $400.00
maintenance and support including excluding holidays effective October
operating, system patch management, 1, 2013 and
virus system software management, monthly thereafter
general troubleshooting and problem
resolution that can be via remote
access/phone and minimal Black
Diamond Auburn office visits where
deemed possible allowing equipment
drop off and minimal hands on
configuration support.
Network and desktop repair and M - F, 7 a.m. -5 p.m. $75.00/hour plus Per hour as
maintenance that require onsite support. excluding holidays mileage based on required
IRS standard
mileage rate
All support responses by City of Auburn Non business hours, $110.00/hour Per incident as
technical support staff. afterhours, with one hour required
emergency response minimum plus
Note: COA technical support staff will not mileage based on
respond without authorization from City of IRS standard
Black Diamond Mayor, Police Chief or mileage rate
City Administrator
Netmotion Client Software n/a n/a Per event
Virus Protection Software n/a n/a Yearly
INTERLOCAL AGREEMENT
April 17, 2013
Page 12 of 13
INTERLOCAL AGREEMENT
April 17, 2013
Page 13 of 13
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CITY OF_ � - .. .-° .
T T TT� �T Nancy Backus, Mayor
V:�.:V g�l `�
� -.- WASHINGTON 25WestMainStreet * Aubu}nWA98001-4998 * www.auburnwa.gov * 253-931-3000
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Notice to City of Black Diamond to Cancel I
Agreement for Information Technology Services
TO: City Clerk Brenda Martinez:
The City of Auburn has enjoyed working with the City of Black Diamond in support of
your technology needs. As mentioned in discussions during the first quarter of the year,
our internal department evaluation has concluded we need to discontinue IT support for
your ciry.
Our IT staff will schedule a transitional meeting with the support team of your ;
designation. Open and unresolved items will be relayed along with current
administrative passwords for systems.
The City of Aubum hereby gives notice to the City of Black Diamond of its intention to
cancel its Agreement with Black Diamond for Information Technology Services.
Pursuant to paragraph 7 of said Agreement, this Agreement will be canceled on the
30th day of June, 2015.
Dated this �!�� day of , 2015
Nancy Bac s, Mayor
CC: Mayor Carol Benson
Police Chief Jamie Kiblinger
AUBURN * MORE Tt-IAN YOU IMAGI�IED �