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HomeMy WebLinkAbout5201 RESOLUTION NO. 5 2 0 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND VALLEY REGIONAL FIRE AUTHORITY FOR GIS SERVICES WHEREAS, RCW 39.34 authorizes public agencies to enter into interlocal agreements; and WHEREAS, Valley Regional Fire Authority (VRFA) has the need for professional GIS services; and WHEREAS, the City of Auburn is able and willing to provide those services, at a cost that is acceptable to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn is hereby authorized to execute an Interlocal Agreement between the City of Auburn and Valley Regional Fire Authority (VRFA) for Information Technology Services in substantial conformity with the Agreement attached hereto as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is . hereby authorized to implement such administrative procedures .as may be necessary to carry out the directives of this legislation. Resolution No. 5201 January 12, 2016 Page 1 of 2. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this 14c day of( _ , 2016. CITY OF AUBURN NANCYBA , MAYOR ATTEST: _ i./ Danielle E. Daskam, City Clerk APP-0 ED= • FORM: A I I A) •aniel B. Heid, City Attorney Resolution No. 5201 January 12, 2016 Page 2 of 2 CITY OF AUBURN and VALLEY REGIONAL FIRE AUTHORITY INTERLOCAL AGREEMENT FOR GEOGRAPHIC INFORMATION SYSTEMS THIS INTERLOCAL AGREEMENT made and entered into, pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code.of Washington, on the A, day of , 2016, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "City"), and the Valley Regional Fire Authority, a municipal corporation of the State of Washington (hereinafter referred to as "VRFA"), WITNESSETH: WHEREAS, VRFA seeks geographic information systems ("GIS") technology services; and WHEREAS, the City 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 The City agrees to perform for VRFA, in a competent and professional manner the tasks specific to GIS support of the VRFA 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." The City 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 VRFA. The City 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 GIS services are required by VRFA or reduction in services are necessary beyond those specified in Exhibit A and the compensation listed in Exhibit B of this agreement, and further provided that the City 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 the City's performance of the additional GIS 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 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 INTERLOCAL AGREE MENT Page 1 of 10 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 GIS services other than those described on Exhibit. A are desired by VRFA and the time period for the completion of such services makes the execution of Amendment impractical prior to the commencement of the City's performance of the requested services. The City hereby agrees that it shall perform such services upon the request of an authorized representative of VRFA at a rate of compensation to be mutually negotiated in connection therewith. Any such additional GIS 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. VRFA'S RESPONSIBILITIES VRFA shall, do the following in a timely manner so as not to delay the services of the City: a. Designate in writing a person to act as VRFA's representative with respect to the services described in Exhibit A. VRFA's designee shall have complete authority to transmit instructions, receive information, interpret and define VRFA's policies and decisions with respect to the services, except in the event of an emergency as described in Exhibit A. b. Furnish the City 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 the City to perform the services provided for herein. d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other documents prepared by the City 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 VRFA is requesting support. e. Provide secure access to all documents, data and systems that the City needs to perform services requested. 5. ACCEPTABLE STANDARDS The City 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 VRFA. INTERLOCAL AGREEMENT Page 2 of 10 6. COMPENSATION Compensation for the City's performance of the services provided for herein are attached as Exhibit B. The Annual fees shall be. increased January 1, 2017, and each January 1 thereafter, by an amount equal to 1% or the most recent Seattle-Tacoma- Bremerton Consumer Price Index - U whichever is greater for the term of this Agreement. The City shall submit to VRFA a monthly invoice and VRFA shall process the invoice or statement in the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment to the City thereafter in the normal course, subject to any conditions or provisions in this Agreement or Amendment. 7. TIME FOR PERFORMANCE AND TERM OF AGREEMENT The City 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. 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, data, design calculations, working drawings and any other materials created or otherwise prepared by the City as part of its performance of this Agreement (the "Work Products") shall be owned by and become the property of the City, and may be used by VRFA for any purpose beneficial to VRFA. Public records requests shall be the responsibility of VRFA; however the City may assist at VRFA's request at hourly rates provided under Exhibit B for onsite support. 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 VRFA 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, the City agrees that, notwithstanding such dispute or conflict, the City shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. Provided, that if the VRFA fails to pay the City for the services, the City can cease providing such services until payment is made. INTERLOCAL AGREEMENT Page 3of10 11. ADMINISTRATION OF AGREEMENT This Agreement shall be administered by Ashley Riggs, Innovation & Technology Operations Manager or designee on behalf of the City, and by Eric Robertson, VRFA Administrator or designee on behalf of VRFA. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: CITY OF AUBURN VALLEY REGIONAL FIRE AUTHORITY Innovation & Technology Administration Ashley Riggs Eric E. Robertson 25WMainSt 1101 DStreetNE Auburn, WA 98001-4998 Auburn, WA 98002 Phone: 253-288-3149 Office: 253-288-5801 Fax: 253-804=3116 Fax: 253-288-5900 E-mail: ariggs @auburnwa.gov E-mail: eric,robertson @vrfa.org 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 pa_rty 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 VRFA 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 VRFA's membership in a municipal self- insurance pool, including evidence of limits of coverage's, exclusions and limits of liability satisfactory to the City. The City 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 the City's membership in a municipal self- insurance pool, including evidence of limits of coverage's, exclusions and limits of liability satisfactory to VRFA. 14. INDEMNIFICATION a. VRFA shall indemnify and hold the City and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and INTERLOCAL AGREEMENT Page 4 of 10 all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against the City arising out of,, in connection with, or incident to the execution of this Agreement and/or VRFA'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 the City, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of VRFA; and provided further, that nothing herein shall require VRFA to hold harmless or defend the City, its agents, employees and/or officers from any claims arising from the sole negligence of the City, its agents, employees, and/or officers. No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. b. The City shall indemnify and hold VRFA 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 VRFA arising out of, in connection with, or incident to the execution of this Agreement and/or the City'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 VRFA, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the City; and provided further, that nothing herein shall require the City to hold harmless or defend VRFA, its agents, employees and/or officers from any claims arising from the sole negligence of VRFA, its agents, employees, and/or officers. No liability shall attach to VRFA by reason of entering into this Agreement except as expressly provided herein. 15. WAIVER OF SUBROGATION VRFA and the City 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 VRFA or the City. 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 INTERLOCAL AGREEMENT Page 5 of 10 respect to this Agreement, and in the further event that one party shall substantially prevail in such action, the losing party shall, in addition to all other payments required therein, pay all of the prevailing party's reasonable costs in connection with such action, including such sums as the court or courts may adjudge reasonable as attorney's fees in the trial court and in any appellate courts. 19. NONDISCRIMINATION Each of the parties, for itself, its heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, sexual orientation, age, or the presence of any sensory, mental or physical handicap be discriminated against or receive discriminatory treatment by reason thereof. 20. MISCELLANEOUS a. All of the covenants, conditions and agreements in this Agreement shall extend to and bind the legal successors and assigns of the parties hereto. b. 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. INTERLOCAL AGREEMENT Page 6 of 10 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. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. CITY OF AUBURN VRFA 6X.Arfe-v1.7 Nancy Ba s . Eric ... Robertson Auburn Ma r VRFA Administrator Attest: Attest: 40£ aei )) � Danielle Daskam, Louise M. Bartol Auburn City Clerk Clerk of the Board. Appro -d as t• .:;,e -: Approved as to form: // All... / / s , ‘2,t_f___,L, - ien. Heid do:eph . Quinn •uburn City Attorney 'ounsel for VRFA INTERLOCAL AGREEMENT Page 7 of 10 EXHIBIT A SCOPE OF SERVICES The following data sets, referred to as "Public Safety Data", are managed and maintained by the City of Auburn GIS. These are the core data sets available to VRFA in any GIS service outlined in Exhibit A. The "Public Safety Data" also includes the data sets required by Valley Communications for the CAD map. 1. Address Points: Address points and/or street centerline 2. Fire Service Reporting and Response Districts: boundaries for response areas 3. Gates and Barriers: access points that are blocked 4. Hydrology: lakes, rivers, streams and waterways 5. Mileposts: points indicating distance to a certain location 6. Police Patrol Districts: larger reporting areas within the City 7. Police Reporting Districts: smaller reporting areas within the districts 8. Political Boundaries: city and county boundaries. Other local government boundaries including water purveyors, fire districts, etc. 9. Railroads: BNSF and Union Pacific 10. Service Area Buffers 11. Streets:, street centerlines broken by intersections including street attributes like speed limit, number of lanes, dead-ends, etc.... 12. Valley Communication Service Areas: boundary of entire VCC service area 13. Water Hydrants: points of locations, type and flow ratings In addition, the below data sets have been identified as critical by VRFA as they will be used in the establishment and evaluation of both current and future performance. These data sets will also be available to VRFA in the same manner that the Public Safety Data is. 1. Topography/Ornithology: elevation and overhead view data 2. Zoning: boundaries indicating City zoning and land use data. 3. Occupancy and Permit: building related data from the City's permit system 4. Hazard and Critical Areas: landslide, earthquake, lahar, flood, wetland, etc. 5. Fire Demand/Management Zones: boundaries designated by VRFA for response management 6. Required Fire Flow: specific buildings that have special response needs 7. Bridges: non-pedestrian and pedestrian bridges within the City All services provided are based off of the data sets outlined above. • VRFA response map development • VRFA map printing • Annual reprints of all templated maps • Map exports (i.e. PDF and image) • Data exports (i.e. Esri shapefiles and Esri Geodatabase) • Access to Auburn GIS mobile devices for field data collection • Access to web-based map services for data consumption INTERLOCAL AGREEMENT Page 8 of 10 • GIS liaison between VRFA and VCC on CAD map data • Assistance/support with GIS related fire accreditation data • Assistance/support with GIS related programs • Standard, dedicated eGIS site for VRFA (requires signature of completion by both parties) • Read-only access to all non-public safety data that GIS stores or has access to Note: Data will be accessed by VRFA the same way VRFA connects to the City of Auburn over dedicated fiber for access to CRW. Services not included which may incur additional charges: • License(s) to Auburn's Esri software • GIS related training beyond the initial stand up of eGIS site • Customizations and development of non-standard features for dedicated eGIS site • Data collection • Data cleanup on non-Public Safety Data • Initial cost or maintenance cost of data subscriptions • Initial cost or maintenance cost of VRFA software • Data analysis on special projects Requesting support: All requests for service should be emailed to helpdeskaauburnwa.aov. Requests will automatically be forwarded to the City GIS staff members for resolution. Service levels: For requests e-mailed Monday through Friday from 8:00 a.m.. to 5:00 p.m. ("regular business hours"), we will use best efforts to respond within 60 minutes. During high call volumes, we will assist you as soon as possible. Staff will not respond to request made outside regular business hours. Billing: All services 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 hours provided. Monthly charges for service are based on support items listed above.- In the event annual support and services exceed the scope of this agreement, VRFA agrees to negotiate these additional services which may include mutually agreed adjustments to monthly service charges. INTERLOCAL AGREEMENT Page 9 of 10 EXHIBIT B COST OF SERVICES Support Function Operating Hours Billing rate Monthly cost Services outlined in Exhibit A M-F, 8 a.m. -5 p.m. $2,024.00/month $2,024.00 excluding holidays One-time project fee: M-F, 8 a.m. -5 p.m. $100.00/hour N/A excluding holidays INTERLOCAL AGREEMENT Page 10 of 10