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CON0000100 - 2/22/2006 - GIS O&M utilities Interlocal Agreement (Clerk's Office Use Only) CONTRACTS & AGREEMENTS Record No. auras Required Information Date 1/28/2019 WASHINGTON Cover Sheet ® NEW ❑ REPLACEMENT The original paper copy of ALL Camas contracts/agreements/amendments are to be retained in the City's centralized filing system, managed by the City Clerk's Office. • RES No. 16-009, contract and agreement thresholds- authorizes Mayor/designee to enter into/execute the following contracts/ agreements without individual approval of each contract/agreement by City Council: o Professional Service Contracts/Agreements-including, but not limited to contracts/agreements for architectural, engineering, legal, and consulting services involving a cost or fee of less than $50,000. o Maintenance/Service Contracts-for nonprofessional services involving a cost or fee of less than$50,000. o Lease Agreements-for materials, supplies, and equipment where expenditures or fee do not exceed $50,000 per year. o Public Works Projects- Small Works Roster Projects with a single trade involving expenditures of less than$100,000 and Small Works Roster Projects with multiple trades involving expenditures of less than $150,000. o Public Works Projects- Capital Major Maintenance Projects in excess of limits set forth above will proceed to Council for approval. o Change Orders—Mayor/designee has the authority to execute Change Orders up to 10% of contract total, provided they are within limits of original contract and consistent with scope and intent of authorized project. *** FILL OUT ALL APPLICABLE FIELDS AND ENSURE REFERENCED EXHIBITS ARE ATTACHED *** City Staff Contact(Responsible) Staff Contact Phone# Staff Contact Title Sherry Coulter ext. 4005 IT Manager Contracting AgencylParty Contracting Agency Contact Contact Phone or Email Clark County WA GIS 360.397.2391 City Department/Division Dept.Admin Assistant Additional Contact Information Public Works Ronda Syverson ext. 4256 Type of ❑Construction/Small Works Project No Additional Contract Information(key words,other agency-related, Contract ordinance, amendment no.to original contract dated) ❑Consultant/Professional Services GIS O&M utilities Interlocal Agreement El Contract for Services ❑Grant ®Interlocal Agreement(ILA) Recording Number& If Council Approval Required(see limits above),provide date of El Franchise Agreement Date Council approval: RES No. ❑Development Agreement Budget Funded Account# ❑Amendment/Supplement to Contract No. OR ❑Other(explain) Other Funding Source: Contract Start Date Expiration Date Contract/Project Terms of Renewal or Termination&Extensions 2/22/2006 No termination date Completion Date (REQUIRED) No termination date None Original or Copy Media Type Specific Location of Record M Original ❑ Copy ® Paper ❑ Electronic ❑ CD-DVD ❑ Network Location ❑ Eng. Copy ❑ Video/Audio Tape ❑ Flash Drive ❑ Building Cabinet Number If copy,where is original? ❑ Other ❑ Additional Copy Locations FOR ADMINISTRATIVE ASSISTANT USE ONLY Disposition Authority#(DAN)(REQUIRED) Records Series Title RetentionlDispo- Event Cut-off&Date GS50-01-11 Rev. 4 1.5 Contracts/Agreements sition Action after expiration of 6 years instrument Designation/Remarks Comments Essential ❑ Archival-Appraisal Req'd ❑ Archival-Permanent Jon-Archival, Destroy After Retention Met ❑ Confidential ❑ Other Routing Signatures/Initials: EXEMPT INFORMATION (statute and page Nos): City Attorney Click or tap here to enter text. City Administrator Department Manager/Director Finance Director City Engineer(s) i- Other HARD COPY"F11.F C O[OR CODE — RFD: Permanent YI:I.LOW.• F.ccenfinl RLUF.: Event-Rased GREEN: F.rnirnlinn Date UTILITY PARTNERSHIP INTERLOCAL AGREEMENT FOR OPERATION AND MAINTENANCE OF GEOGRAPHIC INFORMATION SERVICES Recitals: WHEREAS Clark County has developed a regional Geographic Information System (hereinafter referred to as "GIS") and has invited all jurisdictions within said county to join the regional GIS; and WHEREAS Clark County develops, maintains, stores and provides electronic access to over 200 data layers in the regional GIS by way of computer systems, intranet services and computer applications; and WHEREAS the City of Camas Utilities has participated with Clark County since 1993 in data sharing and undertaking joint projects within the regional GIS, NOW, THEREFORE, IT IS MUTUALLY AGREED BETWEEN THE PARTIES: 1. Parties N9 This agreement made and entered into this 22 day of2006, by and between the Clark County Assessor's Office,hereinafter referred to as "County" and the City of Camas Utilities, a municipal corporation, hereinafter referred to as "City". 11. Purpose The City and the County's joint use and sharing of expenses relating to the GIS. 111. Term of Agreement This Agreement shall become effective on the date the agreement is signed by the County and the City, and shall be effective for one (1) year from that date, and shall renew automatically thereafter for another one (1) year, said renewals continuing indefinitely; provided, that the city and county shall have the right to terminate this agreement as described in Paragraph IV (Termination). IV. Termination of Agreement. This Agreement can be terminated by either party upon thirty (30) days written notice to the other party. Such termination shall become effective thirty (30) days after actual in hand delivery of written notice, or thirty days from the date of deposit of such written notice in the United States Mail regular, first class delivery service with postage prepaid, to the address listed in Paragraph XI (Notices). Such written notice may also be sent by registered mail with return receipt requested or other comparable method of mailing, such as certified mail. V. Manner of Financing. The City shall pay to the County an annual subscription fee for the products and services provided under this agreement. The annual subscription fee shall be calculated by multiplying twenty five cents ($0.25) by the number of rate payers within each Camas's utility services (water, Stormwater, and sanitary sewer). The annual subscription fee of twenty five cents ($0.25) can be modified by written agreement between the parties for any subsequent term of this Agreement. The annual subscription fee pays for the County to do the following: A. GIS Program coordination B. System and database administration for the GIS C. Software maintenance fees relating to the GIS D. Additional software licenses for the GIS, as may be required Memorandum of Agreement 1 Work performed by County GIS staff that is not included under the annual subscription fee will be charged at the rate of eighty five dollars ($85.00)per hour. This rate may be adjusted periodically by mutual written agreement between the parties. The County shall provide account summaries and detailed reports to the city on a quarterly basis. The City shall have the right to audit the County with respect to any and all financial records pertaining to GIS services and corresponding fees charged to the City pursuant to Paragraph VIII of this Agreement. VI. Responsibilities of Clark County A. The County shall provide to the City over the Wide Area Network full access to those ESRI GIS software products for which the County has primary floating licenses. These licenses currently include: ArcMap, ArcPublisher, COGO, Network Analyst, 3D Analyst, Spatial Analyst, and GRID. This agreement provides access (1) ArcMap license per 20,000 utility customers. A license refers to the use of a Clark County GIS floating license for a specific desktop computer. Additional licenses are available for an additional cost per desktop. If desired,the ArcMap license could be converted into additional hours of professional service (as discussed in item K). B. The County shall provide to the City over the Wide Area Network access to the GIS server that holds the entire live GIS database, including data layers not available on CD- ROM. This does not included hardware or software that might be necessary for connecting, reconnecting, or modifying Camas's access to the County's system. Memorandum of Agreement 2 C. The County shall provide to the City over the Wide Area Network the ability to edit database layers for which the City is responsible. D. The County shall allow the City to customize "Maps-OnLine" software to establish an Internet mapping site that meets the City's needs. The County GIS shall provide support and maintenance of the site as part of this Agreement. E. The County shall provide to the City access to the County's Intranet mapping application, which is faster than the Internet version, and includes more features, such as owner name query and display. F. The County shall provide to the City access to site licenses for Clark County GIS applications, including "C1arkView", "AssrMap", "AssrMap LT", "Comps" and other applications developed by Clark County's GIS staff. G. The County shall provide to the City access to Clark County's GIS staff to help Camas develop GIS databases on the server, and for developing project plans for integrating existing databases or processes with the GIS. H. The County shall provide system administration, database administration for the City, and shall serve as the agency for acquisition and maintenance of software licenses for the GIS system. 1. The County shall hold regular meetings with staff from the City with respect to all issues surrounding GIS. Meetings shall be held no less than on a quarterly basis. Memorandum of Agreement 3 J. The County shall provide on a fee-for-service basis other GIS services requested by the City. H. The County shall provide full access to the GIS Situs Address database for utility billing purposes. K. The County shall provide forty(40) hours of credit toward GIS billable time or 1 hour per 2000 rate payers (which ever is greater)to work on Utility specific projects. Unused hours will roll forward to the next year only. These hours can be applied to any GIS work request. Examples might include iMap or ClarkView enhancements, Utility database integration, or other projects as determined by the utility partnership members. VII. Responsibilities of City A. The City shall provide all data for the GIS system in the Arc/Info data structure. B. The City shall provide accurate data to the GIS system. C. The City shall allow other members of the GIS system to use data provided by the City. D. The City shall submit to the County an annual payment as established by this Agreement. VIII. Administration, Audits, Inspections, and Retention of Records This Agreement shall be administered jointly by the City Mayor or his/her designee, and the Clark County Assessor or his/her designee. The City and any of its representatives shall have full access to and the right to examine, during normal business hours and as often as the City deems necessary, all of the County's records with respect to all matters Memorandum of Agreement 4 covered by this Agreement. Such representatives of the City shall be permitted to audit, examine and make excerpts or transcripts of such records and to make audits of all materials and other matters covered by this Agreement. IX. Property In the event of a termination of this agreement, any equipment or property used to effectuate this agreement shall become the sole property of the party originally providing the equipment or property, unless it has been disposed of, or is otherwise no longer available. X. Amendments No amendments or modification of this agreement may be made unless such amendments or modifications are in writing and executed by the City and the County. XI. Notices All notices to the City that pertain to this Agreement shall be sent to: Camas City Mayor 616 NE 4t' Ave. Camas, WA 98607 All notices sent to the County that pertain to this Agreement shall be sent to: Clark County Assessor P.O. Box 5000 Vancouver, WA 98666-5000 XII. Governing Law and Venue Memorandum of Agreement 5 This Agreement shall be deemed to have been executed and delivered within the State of Washington, and the rights and obligations of the parties hereunder shall be construed and enforced in accordance with, and governed by , the laws of the State of Washington without regard to the principles of conflict of laws. Any action or suite brought in connection with this Agreement shall be brought in the Superior Court of Clark County, Washington. XIII. Attorney Fees Should any litigation arise out of this Agreement, then the prevailing party shall be entitled to reasonable costs and attorney fees, including but not limited to any appeals from any administrative or judicial decision arising out of a dispute pertaining to this Agreement. XIV. Indemnification The parties shall indemnify, defend and hold each other, its agents, and employees harmless from all claims, demands, actions, damages, losses, and expenses, including attorney's fees, arising from their use of County or City premises or the conduct of business, including the use of information exchanged between the parties, or from any activity, work or thing done, permitted, or suffered by them in or about the premises. The parties shall further indemnify, defend, and hold each other harmless from all claims, liabilities, costs, attorney's fees and expenses arising from any breach or default in the performance of any obligation to be performed by them under the terms of this Memorandum of Agreement 6 agreement, from any infringement on patent and copyright laws, or arising from any act or omission of the County or City, or their agents or employees. XV. Adherence to Law Both the County and the City shall comply with all federal, state and local laws with respect to this Agreement. XVI. Relationship of the Parties The County, its subcontractors, agents, and employees are all not employees of the City. Likewise, the City, its subcontractors, agents and employees are all not employees of the County. The County, its subcontractors, agents and employees, shall not, as a result of this Agreement, accrue leave, retirement, insurance, bonding or any other benefits afforded to City employees. Likewise, the City, its subcontractors, agents and employees, shall not, as a result of this Agreement, accrue leave, retirement, insurance, bonding or any other benefits afforded to County employees. XVII. Severability If any covenant or provision of this Agreement shall be adjudged void, such adjudication shall not affect the validity, obligation, or performance of any other covenant or provision which in itself is valid, if such remainder would then continue to conform with the terms and requirements of applicable law and the intent of this contract. Memorandum of Agreement 7 IN WITNESS WHEREOF, the parties have executed this agreement on the date hereinafter indicated. Clark County Department City of Camas of Assessment and IS L Linda Franklin Clark County Assessor Date Mayor Date Memorandum of Agreement 8