03-019 Data Processing 'Spokane Va 7 Contract
. Return to: Da.,_fa Erickson No. CO3-19
Clerk of the Board Approved: April 8, 2003
1116 West Broadway
Spokane, Washington 99260
INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY
3 0367 AND CITY OF SPOKANE VALLEY
REGARDING DATA PROCESSING SERVICES
(April 2003—December 31,2004)
THIS AGREEMENT, made and entered into by and between Spokane County, a
political subdivision of the State of Washington, having offices for the transaction of business at
1116 West Broadway Avenue, Spokane, Washington, 99260, hereinafter referred to as the
"COUNTY," and City of Spokane Valley, a municipal corporation of the State of Washington,
having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague
Avenue, Suite 106, Spokane Valley, Washington, 99206, hereinafter referred to as the "CITY,"
jointly hereinafter referred to as the "PARTIES."
WI T NESSETH:
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners of Spokane County has the care of county property and management of funds
and business; and
WHEREAS, pursuant to chapter 35.02 RCW, the CITY of Spokane Valley established
midnight,March 31, 2003, as its official date of incorporation and upon that date will commence
operations as a city; and
WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation,
local governmental authority and jurisdiction with respect to the newly incorporated area
transfers from Spokane County to City of Spokane Valley; and
WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and
cities to contract with each other to perform certain functions which each may legally perform;
.and
WHEREAS, the City of Spokane Valley desires to contract with Spokane County
through its Information Systems Department to provide quality data processing services to its
staff and residents.
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CO3-19
NOW, THEREFORE', for and in consideration of the mutual promises set forth
hereinn f:er, the PARTIES do mutually agree as follows:
SECTION NO. J.: PU.k POSEISERVI ES
The purpose of this Agreement is to set forth the terms and conditions under which COUNTY,
through the Spokane County Information Systems Department ("ISD") will provide Data
Processing Services ("Services') to CITY_ Such Services include Fixed Price Services and CGTS
Services.
Such Services.are more particularly discussed in Attachments "A" and "B" attached hereto and
incorporated herein by reference.
SECTION NO. 2: DURATION
This Agreement shall commence upon execution by both PARTIES and run through 12:00 P.m
December 31, 2004, unless one of the PARTIES provides written notice of termination as further
described in Sections No. 5 and 10 of this Agreement.
SECTION O. 3: COST OF SERVICES AND PAYMENTS
•
CITY shall pay COUNTY the costs for .Fixed Price Services to include Access to PRISM and
Access to VyrebPadaJ as set forth in Attachment "A7 attached hereto and incorporated herein by
reference_
CITY shall pay COUNTY the actual costs for GIS Services as set forth in Attachment `B,"
attached hereto and incorporated herein by reference_ Actual costs of such GuS specialists will
include salary, benefits, supplies, materials, equipment, and administrative overhead costs as
outliner! iii Attachment"B" which are directly attributable to such Services.
The PARTIES agree that the costs sets forth in Attachments "B" are projected costs_ COUNTY
wilt charge CITY actual costs. Actual costs will include the actual direct labor, supervision,
employee benefits, equipment rental, materials and supplies, utilities, subcontracted work and
permits and overhead costs. .Labor Tales can be alTected by overtime, extra holiday pay, shift
differential, labor contracts, and on-call rates. Accordingly labor rates set forth in Attachment
"B"will be reviewed and modified when required COUNTY wit] notify CITY in writing of any
changes to or modifications of such labor rates.
COUNTY will bill CITY for the cost of all Services, to include Fixed Price Services and GIS
Services, monthly, during the first week of the month for the preceding month. Payments by
CITY for these services will be due within 30 days ofbill ng.
At the sole option of COUNTY, a penalty may be assessed on any late payment by CITY based
on lost interest earnings had the payment been timely paid and invested in the Spokane County
Treasurer's Investment Pool.
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At the end of calendar year 2003 and calendar year 2004, using actual expenditures for all items
set forth.in Attachment `B" COUNTY will determine whether or not the estimated Costs used as
the basis for estabJh. .ring the budget were accurate. To the extent that CITY was over billed in
any year, it will receive a credit to be applied as mutually agreed_ If CITY was under billed, it
will receive a debit in the subsequent billing. The adjustment will normally take place in Such
of the year following the year Services were performed. To the extent that CITY was over billed
in any year, it will receive a credit to be applied as mutually agreed. If CITY was under billed, it
will receive a debit in the subsequent billing. The adjustment will normally take place in March, .
but no later than June 30th ("date of determination") of the year following the year Services were
performed. At the sole discretion of the CITY, in the case of over billing, or the sole discretion of
the COUNT , in the case of an under billing, the party may request interest on such amount
based on lost interest earnings had the under billing.amount been invested since the end of the
calendar year to the date ofdeterminati.on in the Spokane County Treasurer's investment Pool or
the over billing amount been invested since the end of the calendar year to the date of
determination in the Washington Cities Investment Pool.
SECTION NO. 4: RESPO NS fBI ,Iri'IES
In conjunction with C IJN717 providing the services described in SECTION NO. 1 CITY does:
(a) Confer on COUNTY the authority to perform the GIS and mapping maintenance services
within CITY limits for the purposes of carrying out this Agreement,
(b) Agree that when COUNTY provides Services COUNTY IS)) may exercise all the powers
and perform all the duties vested by law or by resolution in the CI'T'Y or other officer or
department charged by CITY with data processing services
(c) Agree that the Cif Y shall be responsible for providing workspace and furnish.ing phones,
desk, chair and any other items deemed necessary For CGS specialist to perform their work at
their site
PARTIES agree that in connecting their networks to each other they recognize their respective
responsibilities to (i) maintain Virus protection on all Cllr and COUNTY desktops and servers
as well as (ii) maintain a properly confgru-ed firewall on any other connections into the CITY or
COUNTY networks for the protection of the Wide Area Network comprised of COUNTY, City
of Spokane Valley, City of Spokane, Spokane County Regional.Health District, Spokane Transit
Authority, and the State of Washington_
.E.G FYN NO. 5: NOTICE
All notices or other conununications given hereunder shall be deemed given on: (1) the day
such notices or other communications are received when sent by personal delivery; or (2) the
• third day following the day on which the same have been mailed by first class delivery,
postage prepaid addressed to PARTIES at the address set forth below, or at such other address
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as the PARTIES shall from time-to-time designate by notice in writing to the other PARTIES:
COUNTY: Spokane County Chief Executive Officer or his/her authorized representative
1116 West Broadway Avenue
Spokane, Washington 99260
Spokane County Director of ISD
815 North Jefferson
Spokane,Washington 99260-0400
CITY: City of Spokane Valley City Manager or his/her authorized representative
Redwood Plaza
11707 East Sprague Avenue, Suite 106
Spokane Valley,Washington 99206
SECTION NO. 6: COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which., when so
executed and delivered, shall be an on anal, but such counterparts shall together constitute but
one and the same.
SECTION NO. 7: SUBCONTRACT
COUNTY may subcontract any of its responsibilities set forth herein provided COUNTY
retains the appropriate supervision and inspection of the contractor's work.
SECTION N O. 8: Li.ABI.LIT Y
(a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees,
or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and
damages of any nature whatsoever, by any reason of or arising out of any negligent act or
omission of COUNTY, its officers, agents and employees, or any of there relating to or arising
out of performing services pursuant to this Agreement. Tn the event that any suit based upon such
claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its
sole cost and expense; provided that CITY reserves the right to participate in said suit if any
principle of governmental or public law is involved; and if final judgment in said suit be
rendered against ClT'Y, and its officers, agents, and employees, or any of them, or jointly against
CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall
satisfy the same.
(b) CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees,
or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and
damages of any nature whatsoever, by any reason of or arising out of any negligent act or
omission of CITY, its officers, agents and employees, or any of them relating to or arising out of
performing services pursuant to this Agreement. In the event that any suit based upon such
claim, action, loss, or damages is brought against COUNTY, CITY shall defend the same at its
sole cost and expense; provided that COUNTY reserves the right to participate in said suit if any
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principle of governmental or public law is involved; and if final judgment in said suit be
rendered against COUNTY, and its officers, agents, and employees, or any of them, or jointly
against COUNiTY and CITY and their respective officers, agents, and employees, CITY shall
satisfy the same.
(c) The foregoing indemnity is specifically intended to constitute a waiver of each party's
immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, respecting the other
party only, and only to the extent necessary to provide the indemnified party with a full and
complete indemnity of claims made by the indemnitor's employees. The PARTIES
acknowledge that these provisions were specifically negotiated and agreed upon by them.
(d) COUNTY and CiTY agree to either self insure or purchase polices of insurance covering the
matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence
with$5,000,000 aggregate limits including auto liability coverages.
SECTION NO. 9: RELATIONSHIP OF THE PARTIES
The PARTIES intend that an independent contractor relationship will be created by this
Agreement. No agent, employee, servant or representative of COUNTY shall be deemed to be
an employee, agent, servant or representative of CITY for any purpose. Likewise, no agent,
employee, servant or representative of CITY shall be deemed to be an employee, agent, servant
or representative of COUNTY for any purpose.
SECTION NO. 10: MODIFICATION AND TERMINATION
This Agreement may be modified in writing by mutual agreement of the PA.R. .TIES.
Either Party may terminate this Agreement for any reason whatsoever upon a minimum of 90
days written notice to the other Party.
Any Party may terminate this Agreement upon a material breach by the another Party, provided
the Party seeking to terminate the Agreement shall provide at least 30 days written notice and an
opportunity to cure to the breaching Party.
Upon termination, C1'i Y shall he obligated to pay for only those Services rendered prior to the
date of termination.
SECTION NO. 11: PROPERTY AND EQUIPMENT
The ownership of all property and equipment utilized by COUNTY or CITY respectively in
providing Services or meeting its obligations under the terms of this Agreement shall remain
with Party providing such property or equipment unless specifically and mutually agreed by the
PAR LIES to the contrary.
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SECTION NO. 12: GENERAL TERMS
This Agreement contains terms and conditions agreed upon by the ]'A) .TES. The PARTIES
agree that there are no other understandings, oral or.otlxenvise, regarding the subject matter of
this Agreement. No changes or additions to this Agreement shall be valid or binding upon the
• PARTIES S unless such change or addition is in writing, executed by the PARTIES_
Both PARTIES agrees to aid and assist the other Party in accomplishing the objectives of this
Agreement_
This Agreement shall be binding upon the PARTIES hereto, their successors and assigks.
ECI'J.ON NO. 13: VENUE; STIPULATION
This Agreement has been and shall be construed as having been made and delivered within
the State of Washington and it is mutually understood and agreed by each Party that this
Agreement shall be governed by the laws of the State of Washington both as to interpretation
and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of
this Agreement, or any provision hereto, shall be instituted only in courts of competent junsdic-
ti.on within Spokane County; Washington,
SECTION NO. 14: SEVJ.T AB1L1Ty
It is understood and agreed among the PARTIES that if any parts, terms or provisions of this
A. eenkent are held by the courts to be illegal, the validity of the remaining portions or
provisions shall not be affected and the rights and obligations of the PARTIES shall not be
affected in regard to the remainder of the Agreement_ ff it should appear that any part, tern
or provision of this Agreement is in conflict wit.lh any statutory provision of the State of
Washington, then the part, terns or provision thereof that may be in conflict shall be deemed
inoperative and null and void insofar as it may be in conflict therewith and this Agreement
shall be deemed to modify to conform. to such statutory provision_
SECTION NO. 15: HEAD].N S
The section headings appearing in this Agreement have been inserted solely for the purpose of
convenience and ready reference_ In no way do they purport to, and shall not be deemed to
define, limit or extend die scope or intent of the sections to which they pertain.
SECTION NO. 16: CONTRACT ADMINISTRATION
COUNTY will identify specific COUNTY liaisons to handle day-to-day operational activities
related to Services, CITY will identify a liaison for the same purposes. The liaisons will meet
regularly to review the performance of this Agreement.
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The PARTIES shall each appoint representatives to review contract performance and resolve
problems, which cannot be dealt with by COUNTY and CITY liaisons. The PARTIES shall
notify the other in writing of its designated representatives. COUNTY and CITY liaisons will
meet periodically, with either Party authorized to call additional meetings with ten days
written notice to the other.
Any problem, which cannot be resolved by the PARTIES' designated representatives, shall be
referred to CITY Manager and the Spokane County ISD Director for. settlement.
SECTION NO. 17: AUDITS AND INS:I'ECTIONS
The records and documents, with respect to all matters covered by this Agreement, shall be
subject to inspection, review, or audit by COUNTY or CITY during the term of this contract
and three(3) years after termination.
SECTION NO. 18: REPORTING
COUNTY shall provide a mutually acceptable quarterly report to CITY that will contain
information relating to Services performed during the preceding quarter. COUNTY agrees to
keep such records and make such separate reports as are reasonably necessary for CITY to
ascertain performance and cost accounting for CITY'S budgetary and management needs.
SECTION NO. 1.9 RECORDS
All records (except as set forth in Section 18) prepared or produced by COUNTY in conjunction
providing services to CITY under the terms of this Agreement shall be the property of the
COUNTY. Upon termination of this Agreement, COUNTY agrees to make copies of all such
records, which may be requested by CITY.
SECTION NO. 20: STAFFING
COUNTY shall hire, assign, retain and discipline all employees performing Services under this
Agreement accordine to collective bargaining agreements and applicable state and federal laws.
COUNTY agrees to meet and confer with CITY with respect to GIS Specialist assigned to
provide Services at its site. To the extent that COUNTY has more than one GIS Specialist
available to provide such services, it will allow the CITY to select the assigned GIS Specialist.
SECTION NO. 21: ASSURANCE
COUNTY represents and assures CITY that no other city or town or municipal corporation will
receive more favored treatment in receipt of Services than that made available to the CITY for
similar services.
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IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be
executed on date and year opposite their respective signatures.
DATED: Apr, I /5 03 BOARD OF COUNTY COMMISSIONERS
OF SPOKANE, COUNTY, WASHINGTON
p4 co,xnus� \% ABSENT
�44•�`�N9 41;.rp +
f .hf `a 11 JOHN ROSKELLEY,
ATTEST:
■
VICKY M. DALTOI 'i} �1 � e �'
CLERK OF THE.BO,' s� 9.% /��-/
• \\ vv a D '1.' S, hair
ISOda •
1
Daniela Erickson, Deputy M. KATE r CASLIN
DATED: 4) rb / o? V, e CITY OF SPOKANE VALLEY:
. By: Gy/e
t• • 521&./2ci...) Its: ___/.._yi tser`. `t
•
City Clerk (Title) (Waif
Approved as to form only:
ANW'i ty Att ley
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FIXED PRICE SERVICES
Spokane County will provide the following Fixed Price Services within CITY limits of
Spokane Valley. Actual levels of Fixed Price Service provided by COUNTY will be those
adopted by CITY and COUNTY in annual budget processes.
Fixed Price Services levels as set by CITY shall reflect CITY policies and may or may not he
similar to COUNTY policies.
(I) Access to PRISM $35.00 / user./ ip / month for an indefinite term unless modified
by parties as herein provided.
(2)Access to WebPadal $35.00 / user/ip / month for an indefinite term unless modified
by parties as herein provided.
ATTACH:INTENT "A"
GIS SERVICES
1 Cost-Itemization contract for GIS Services'
for the CITY of Spokane Valley If they choose 50% Services.
Contract
Period 50%Monthly
Costs April Billing for
Annual 2003-Dec Monthly Contract
Costs 2004 cost Period
Employee Software
Maintenance Arclnfo $1,520.40 $2,660.70 $126.70 $63.35
COGO $217.20 $380.10 $18.10 $9.05
ArcView $217.20 $380.10 $18.10 $9.05
Photoshop $200.00 $350.00 $16.67 S8.33
Pagemaker $200.00 $350.00 $16.67 $8.33
Salary plus benefits : GIS Specialist $56,161.00 $98,281.75 $4,680.08 $2,340.04
ISO Management Support Overhead $13,083.57 $22,896.25 $1,090.30 $545.15
UNIX Desktop Support: Sun /Citrix $1,849.76 $3,237.08 $154.15 $77.07
GIS Program/Database Admin Support: $5,568.08 $9,744.14 $464.01 $232.00
Avista Digital Orthos Full CITY of
Spokane Valley
Access: Access $5,800.00 $10,150.00 $483.33 $241.67
Total
Monthly
billing for
50%GIS .
Tech. $3,534.05
GIS Services—one half(.5)full time employee for a minimum of 6 months.This will give the CITY the usage of a
GIS analyst for 18 hours and 45minutes a week on a mutually weed upon work schedule. Any usage over 50%
for this employee will be billed at the GIS analyst's actual hourly rate. Detailed time sheets will be provided with
each billing.
It is the intention of the CITY to contract for one half(.5)FTE GIS Specialist services for six(6) months as well as
retain the right to request additional hours of services at rates herein listed during the term of the Agreement,
subject to the COUNTY'S ability to provide the additional services. CITY and COUNTY may extend or adjust
GIS services and terms as mutually agreed according to the conditions of the Agreement.
The CITY will abide by all applicable COUNTY union contract terms regarding working conditions and
will provide breaks and lunches as outlined in the COUNTY Master Contract and ISD's addendum to
said contract. COUNTY will provide copies of such contract and addendum to CITY.
ATTACHMENT "B"
t ' q
NO. 3 0367
BEFORE THE BOARD OF COUNTY COMM:ISSiONERS
OF SPOKANE COUNTY, WASHINGTON
IN THE MAT I'ER OF EXECUTING AN )
AGREEMENT BETWEEN SPOKANE )
COUNTY AND THE CITY OF SPOKANE ) RESOLUTION
VALLEY REGARDING DATA )
PROCESSING SERVICES -` )
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of
Spokane County has the care of County property and the management of County funds and business; and
WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established midnight, March 31,
2003, as its official date of incorporation and upon that date commenced operations as a city; and
WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, local governmental
authority and jurisdiction with respect to the newly incorporated area transfers from Spokane County to City of
Spokane Valley; and
WHEREAS, chapter 39.34 RC\V (Interlocal Cooperation Act), authorizes counties and cities to contract
with each other to perform certain functions which each may legally perform; and
WHEREAS, the City of Spokane Valley desires to contract with Spokane County through its Information
Systems Department to provide quality data processing services to its staff and residents.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County Commissioners of
Spokane County, that either the Chairman of the Board, or a majority of the Board, be and is hereby authorized to
execute that document entitled "INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AI\rt7 CiTY
OF SPOKANE VALLEY REGARDING DATA PROCESSING SERVICES (April 2003-December 31, 2004"
pursuant to which, under certain terms and conditions, Spokane County, through its Information Systems
Department, will provide quality data processing services to the City of Spokane Valley staff and residents. The
projected costs for services and are set forth in Attachment "A," attached hereto.
PASSED AND ADOPTED this �- ../e K
day of / l , 2003.
�r '0�<• • c 1p�s`r,o 11 BOARD OF COUNTY COMMISSIONERS
and a°� ' �Gy c.�� l OF SPOKA C LINTY, WASHING°CON
Ij ABSENT
x111 $_ ••SEn1..-• sir JOHN ROSKELLEY
ATTIIST: corY :- /
VICKY M. DALTON
CLERK OF THE BOARD ' - ►. HA'RI ', Ch.it
/ MLA.
Daniela Erickson, Deputy . KATE '.CCASLIN
1-1:walley City\Resolutiuus1va11ey-isd.due
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