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HomeMy WebLinkAbout10/21/2014 05D Shared Data Infrastructure Agreement with Yakima County Information Technology DepartmentBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.D. For Meeting of: October 21, 2014 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: Resolution authorizing an Interlocal Agreement with Yakima County Information Technology Department addressing the shared use of data infrastructure such as conduits and fiber cables SUBMITTED BY: Wayne Wantland, Information Technology Manager SUMMARY EXPLANATION: The City and Yakima County have partnered in sharing various infrastructures to assist each other in providing IT services throughout the City. This Interlocal formalizes that agreement while addressing certain legal issues that pertain to this shared use, such as indemnification. Resolution: X Ordinance: Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: NA Amount: Funding Source/Fiscal Impact: Strategic Priority: Public Safety Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: City Manager Staff recommends adoption of this resolution authorizing the City Manager to sign the Interlocal Agreement with Yakima County Information Technology Dept. to continue the long-standing practice of shared use of IT infrastructure. ATTACHMENTS: Description resolution contract Upload Date 10/13/2014 10/14/2014 Type Resollution Contract A RESOLUTION RESOLUTION NO. R -2014 - authorizing the City Manager to execute an interlocal agreement between Yakima County Information Technology Department and City of Yakima addressing the shared use of data infrastructure such as conduits and fiber cables. WHEREAS, the City of Yakima (City) and Yakima County information Technology Department (county) have for many years shared infrastructure to provide data services; and WHEREAS, the City and County wish continue this relationship to the benefit of both parties; and WHEREAS, no formal agreement has been in place to memorialize this practice; and WHEREAS, it is in the best interest of both the City and the County to have in place such agreement; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized execute an interlocal agreement between Yakima County Information Technology Department and City of Yakima addressing the shared use of data infrastructure such as conduits and fiber cables. A copy of the Agreement attached hereto and by reference made a part hereof, now, therefore, ADOPTED BY THE CITY COUNCIL this day of , 2014. ATTEST: Micah Cawley, Mayor City Clerk TECHNOLOGY AKIES SERVICES Yakima County Technology Services INTER -LOCAL AGREEMENT Yakima County Technology Services 217 N First Street Yakima, WA 98901 Yakima County Technology Building 217 North 1st Street Yakima, WA 98901 Phone: (509)574-2000 - FAX: (509)574-2001 Internet: www.co.yakima.wa.us City of Yakima 129 North 2nd Street Yakima, WA 98901 This Inter -Local Cooperation Agreement (ILA), Number COYILA2014 is executed by Yakima County Technology Services (YCTS) and the City of Yakima. The City of Yakima will be referred to in this document as 'the City', and Yakima County will be referred to as 'the County'. The City of Yakima and Yakima County are sometimes referred to as the "Parties. "The City of Yakima and Yakima County, in consideration of the mutual benefits hereunder, agree as follows: 1. Purpose This ILA sets forth the obligations of the parties with respect to a non-exclusive right to construct, maintain, operate, upgrade and relocate network facilities and related appurtenances network conduits, pathways and routes separately owned by Yakima County and the City of Yakima. 2. Term and Termination The term of this ILA is effective upon the date of execution by both parties and shall remain in full force and effect for two (2) successive ten (10) year terms. Renewal will be automatic unless termination notification is given in writing 90 days in advance of the end of the initial agreement term. Either party may terminate this Agreement for convenience by providing ninety (90) calendar days written notice sent by certified mail to the addresses listed below. The termination for convenience clause cannot be exercised for the first three years that the contract is in effect. 3. Scope of Agreement The City and the County agree to work cooperatively to request and grant access to network conduits, pathways and routes to increase governmental network connectivity. The locations, equipment, and other details are further described in Exhibits to this agreement. 4. Costs The City and the County agree that there will be no cost to either party for use of space in each other's network conduits, pathways and routes. Each party will retain their respective ownership of all their properties. Each party is responsible for all costs associated with construction, installation, operation, maintenance and relocation of their respective network equipment, cables and other related facilities. The City and the County reserve the right to use their network conduits, pathways and routes for their own use or any other entity in any lawful manner; provided, however, that such use shall not unreasonably interfere with the other's network facilities or rights granted herein. 5. Indemnification 5.1 The County agrees to protect, hold harmless, indemnify, and defend the City, its elected and appointed officials, officers, employees, agents and volunteers from any and all suits, actions, claims, demands, losses, liens, liabilities, penalties, fines, and other proceedings and all damages, judgments, costs and expenses to the extent caused by any negligent act and/or omission of the County, its elected officials, officers, employees, agents, volunteers and/or subcontractors, arising out of the performance or nonperformance of this Agreement. 5.2 The City agrees to protect, hold harmless, indemnify, and defend the County, its elected and appointed officials, officers, employees, agents and volunteers from any and all suits, actions, claims, demands, losses, liens, liabilities, penalties, fines, and other proceedings and all damages, judgments, costs and expenses to the extent caused by any negligent act and/or omission of the City, its elected officials, officers, employees, agents, volunteers and/or subcontractors, arising out of the performance or nonperformance of this Agreement. 5.3 In the event that the officials, officers, agents, and/or employees of both the County and the City are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses. 5.4 Parties Waiver of Employer's Immunity under Title 51 RCW. The City and County intend that its indemnification obligations set forth above shall operate with full effect regardless of any provision to the contrary in Title 51 RCW, Washington's Industrial Insurance Act. Both parties specifically waive any immunity granted under Title 51 RCW, and specifically assumes all potential liability for actions brought by employees of the Contractor against the County and its officers, employees, agents, volunteers and subcontractors. The parties have mutually negotiated this waiver. 6. Nondiscrimination Both parties agree that they shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, sexual orientation, age, marital status, political affiliation or belief, pregnancy, veteran status, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) or any other applicable state, federal or local law, rule or regulation. 7. Inter -local Agreement Changes The ILA may be modified at any time upon mutual written agreement of the parties. All such modifications will be made as an amendment to the ILA and will take precedence over the original ILA. 8. ILA Management Unless otherwise indicated, all correspondence regarding this ILA should be directed to: City of Yakima Contact: YCTS Contact: Ray Yocum Mike Tibbetts City of Yakima Information Systems Yakima County Technology Services 129 N. 2nd Street 217 N. First Street Yakima, WA 98901 Yakima WA 98901 509-575-6036 509-574-1986 ey ocu a) aki awa. ov Mike.tibbetts rx,co.yakima.wa.us 9. Authorization/Acceptance This ILA constitutes the entire agreement between the parties and supersedes all other communication, written or oral, related to the subject matter of this ILA. Customer hereby authorizes YCTS to perform the services described. The Parties hereby acknowledge and accept the terms and conditions of the ILA. IN WITNESS WHEREOF, the parties have executed this Inter -local Agreement. APPROVED Yakima Co � ty Technology Se es .ign Lure George D. 1 Ielton, Director APPROVED City of Yakima Signature Tony O'Rourke, City Manager Date (Inter -Local Cooperation Agreement COYILA2014) DONE this day of",., 2014 Attest: Clerk of the+tarr" Mandy Burkett Deputy Clerk of the Board Approved as to form: bqM ad Deputy Proseduting Attorney BOARD OF YAKIMA COUNTY COMMISSIONERS Kev, l M c ley,, Chairman d Elliott, Commissioner ichael D. Lita, Commissioner Constituting the Board of County Commissioners for Yakima County, Washington BOCC432-2014 September 30, 2014 Exhibit 1 ILA COYILA2014 Locations Network Conduits, Pathways and Routes: Courthouse and City Hall Vicinity Yakima County agrees to provide: 1. Exclusive access to one (1), 2 -inch conduit from the southwest corner of MLK and 2nd Street to the southeast corner of MLK and 1st Street. 2. Exclusive access to one (1), 2 -inch conduit from the southeast corner of MLK and 1st Street to the northeast corner of 1st Street and Pendleton Way. City of Yakima agrees to provide: 1. Non-exclusive access to conduit from southeast corner of MLK and 1st Street to the northeast corner of MLK and Front Street in shared vault. 2. Exclusive access to one conduit from the city vault in the west side BNSF railroad right-of-way near MLK to the intersection of MLK and 1st Avenue. APPROVED Yakima Co y Technology Serv' es APPROVED City of Yakima xgna'u Signature George D`. Helton, Director Tony O'Rourke, City Manager Date Exhibit 2 ILA COYILA2014 Locations Network Conduits, Pathways and Routes: Courthouse and City Hall Vicinity Yakima County agrees to provide: 1. One half the funding, not to exceed $4,500, for conduit to be installed between the southeast corner of MLK and 2nd Street to terminate in the city communications vault and the southwest corner of MLK and 2"d Street to terminate in the county communications vault. 2. The city shall maintain ownership of conduit. City of Yakima agrees to provide: 1. One half the funding, up to $4,500, plus all additional costs for conduit to be installed between the southeast corner of MLK and 2n1 Street to terminate in the city communications vault and the southwest corner of MLK and 2nd Street to terminate in the county communications vault. 2. The city shall maintain ownership of conduit. 3. Exclusive mutual access, to only the city and the county only, to the conduit between the southeast corner of MLK and 2"d Street to terminate in the city communications vault and the southwest corner of MLK and 2' Street to terminate in the county communications vault. APPROVED Yakima County Technology Services gn .ur George D. APPROVED City of Yakima Signature Tony O'Rourke, City Manager Date Exhibit 3 ILA COYILA2014 Locations Network Conduits, Pathways and Routes: West Yakima Area and South Yakima Area Yakima County agrees to provide: 1. Exclusive access to two (2) single mode strands of fiber inside the county's fiber sheathe from the Yakima County Secure Data Center located at 1216 S 18th Street, Yakima, WA to Union Gap City Hall located at 3104 S 1st Street, Union Gap, WA 2. Coordination and cross connection to the city's network. 3. Fund yearly maintenance and operation costs of the county's main fiber sheathe. 4. Fund all costs associated with construction, installation, termination, operation, maintenance and relocation of all fiber spurs from the main city fiber sheathe to Yakima County locations or other governmental locations to provide county network connectivity. City of Yakima agrees to provide: 1. Exclusive access to two (2) single mode strands of fiber inside the city's fiber sheathe from the City of Yakima's city hall located at 129 N 2nd Street, Yakima, WA to Yakima Valley Community College 1100 S 16th Avenue, Yakima, WA 2. Coordination and cross connection to the county's network. 3. Fund yearly maintenance and operation costs of the city's main fiber sheathe. 4. Fund all costs associated with construction, installation, termination, operation, maintenance and relocation of all fiber spurs from the main county fiber sheathe to City of Yakima locations or other governmental locations to provide city network connectivity. APPROVED APPROVED Yakima Cou ;, Technology Sere ces City of Yakima gni °z re George D.1'"eltoDirector Date Signature Tony O'Rourke, City Manager Date