HomeMy WebLinkAbout2167 - Marysville Fire District Regional Fire Authority - Agreement - Information Technology System ServicesINTERLOCAL AGREEMENT
FOR INFORMATION TECHNOLOGY SYSTEM (IT) SERVICES
This Interlocal Agreement is made and entered into this __ /_day ofJttn U.lL~,
2020, by and between the City of Marysville. Washington. a municipal corporation
(hereinafter referred to as ·'City'') and the Marysville Fire District Regional Fire
Authority, (hereinafter referred to as ''District"").
WHEREAS, the City has provided information services to both Fire Protection District
12 and the former joint operation known as the Marysville Fire District: and
WHEREAS, the District has assumed all fire protection and emergency medical
services in the City; and
WHEREAS, the City and the District have agree that sharing certain technology
infrastructure is financially beneficial to both agencies; and
WHEREAS, there are certain services that both the City and the District agree should
be separated including the domain, email, and archiving. The City and the District
agree to work towards the separation of these items as soon as workloads allow and
budgets have been adjusted. The District agrees to pay for all costs associated with any
separation of services including licensing, consulting services, and overtime.
WHEREAS, the District is responsible for purchasing all client software and client
access licenses (CALs), other than what is specifically detailed in this agreement. The
District will allow the City to audit District license and CAL quantities and the District
will purchase any needed licenses.
NOW THEREFORE for and in consideration of the services to be rendered
and the payments to be made, the parties hereby recite. covenant and agree as follows:
1. Purpose and Services To Be Provided. The purpose of this agreement is for
the City to act as an independent contractor providing information services to the
District. Subject to the terms and conditions set forth below, the City hereby agrees to
provide IT related services as set forth in Exhibit A. No separate entity is created to
carry out this agreement.
2. Compensation. District shall compensate the City for the services rendered in
Exhibit A. The City will invoice the District at the beginning of each quarter. Invoices
are due within 30 days ofreceipt. All charges will be reevaluated each quarter and any
changes to user or device quantities. usage, COLAs. price changes. or other factors will
be reflected in that quaiier's billing. When budgeting. the District should plan for
growth and potential price changes.
3. Independent Contractor. The parties specifically agree that the City is an
independent contractor and not an employee of the District.
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4. Term. This agreement shall continue in force and effect for a minimum of two
years unless terminated as provided in this agreement. Extension of the term of this
agreement may be effected by written agreement.
5. Termination. Either party may terminate this agreement at any time without
cause by providing at least 180 days advance notice of termination in writing to the
other party. If teclmologically reasonable, the City will return any District data by the
end of the 180 day notice period.
6. Modification. This Agreement may be modified by further written agreement
upon mutual acceptance by both parties.
7. Hold Harmless. Except as described in Section 9, each party to this Agreement
will be responsible for its own acts and/or omissions and those of its officers, employees
and agents. Neither party to this Agreement will be responsible for the acts and/or
omissions of entities or individuals not a paiiy to this Agreement. This provision will
survive the termination of this Agreement.
8. Insurance. Both parties will maintain appropriate insurance, self-insurance, or
membership in a risk pool, such as the Washington Cities Insurance Authority for the
duration of this Agreement. Appropriate insurance includes cyber insurance that covers
costs related virus, malware, and ransomware security consulting for cleanup.
9. Public Records. Each party is responsible for responding to any public records
request it receives. This section addresses situations that may arise because District
records reside on City servers. The parties intend that all records belonging to the
District passively stored on City IT infrastructure remain District records.
Public Records Requests Received by the District
In the event the District receives a public records request that requires searching its
records in a manner that can only be accomplished by the City's information services,
the City will cooperate with the District in completing the search and making any
responsive records available to the District. The City will bill the District for staff time
at the current hourly rate in Exhibit A.
The District's Records Officer will provide relevant search terms in writing to the City's
System Administrator and the City's public records officer. The City will advise the
District of the estimated time to gather the records based on these search terms and utilize
these search terms to perform a search of the City server(s). The City will transmit the
records identified by the search terms to the District. The District will be responsible
for processing and disseminating the records provided by the City.
The City will store and maintain the District"s records in the same manner and with the
same care as it stores and maintains its own records. The City will conduct all searches
intended to respond to public records requests for District records utilizing the search
terms provided in writing by the District and will implement the search in the same
manner and with the same care as it conducts searches intended to respond to public
records requests for its own records.
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The District will defend the City in any public records action relating to a public records
request to the District for which the District requested City assistance. The District will
indemnify and hold harmless the City. its officers and employees from any and all
claims, injuries, damages, losses, or suits. including attorney fees, relating to a public
records request to the District for which the District requested City assistance, unless
caused by the sole negligence or intentional or reckless misconduct of the City.
Public Records Requests Received by the City
In the event the City receives a public records request to which District records residing
on the City's servers or other technological infrastructure are potentially responsive, the
City will ask the requestor to clarify his or her request as to whether it includes records
of the District. If the requestor agrees that District records need not be disclosed, the
City will take no further action as to those records.
If the requestor responds that they do wish to have the oppmiunity to inspect or obtain
copies of District records, or if the requester does not otherwise state that District records
need not be disclosed, the City will promptly notify the District. If the District believes
there are no exemptions for the records, the City will disseminate the records to the
requestor. If the District wishes to assert an exemption or believes that some or all of
the records identified by the City as responsive to the request are not responsive, the
District will notify the City and shall seek injunctive relief if necessary. The City will
give third paiiy notice to the District and provide the District with not less than I 0
business days to obtain a co mi order blocking release of the records. The District will
assume all liability for the exemption, redaction, or non-responsiveness by executing a
supplementary agreement substantially in the form of Exhibit B, and the District will
defend, indemnify and hold harmless the City from any and all claims, injuries, damages,
penalties, losses, or suits, including attorney fees for any violation of the public records
act that arises from the District asse1iing an exemption, determining that a record is not
responsive to a request received by the City. or unduly delaying the City's response to
the request.
The City will advise the District as to any technological constraints on responding to a
request.
10. Recitals Incorporated by Reference. The recitals are a part of this agreement.
11. Administrators. This agreement will be carried out by appropriate staff of each
party. Any dispute will be addressed by the City· s Chief Administrative 0 fficer and the
District's Fire Chief.
12. Applicable Law and Venue. This Agreement shall be construed and interpreted
in accordance with the laws of the State of Washington. In the event of a dispute, such
dispute shall be litigated in the Superior Court of Snohomish County. Washington.
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13. N on-Dis crimin a tion. Pa rti es s h a ll no t di sc rimin a te in a n y m a nn e r re la te d t o thi s
Agree m e nt o n th e bas is of race . co lo r , nati o na l o ri g in , sex, re li g io n , age, m a rit a l st atu s
o r di sa bilit y in e mpl oy m e nt o r th e p rov is io n of se rv ic es.
14. S ev e rability . If a ny p rov is io n o f th e Agreem e nt s h a ll b e he ld in va lid , th e
re m a ind e r of thi s Agreem e nt s hall n ot be affect e d th e re b y if s uch re m a ind e r wo uld th e n
c o ntinu e t o ser ve th e purposes a nd o bj ec ti ves of bo th p a rt ies .
15 . No Third Party B e neficia ri es . T he C it y a nd th e D is tri c t a re th e o nl y pa rti es to
thi s Agr eem e nt a nd a re th e o nl y p a rt ies e ntitl e d t o e n fo rce it s t e rm s . N o th ing in thi s
Agree m e nt g ives , is int end e d to g ive, o r s h a ll be co nstru e d to g ive o r prov id e , any ri g ht
o r b e n e fit , w h eth e r direc tl y o r indirec tl y o r o th e rw ise , to third pe rso n s .
16. En t ire Agree m e nt. T hi s Agr eem e nt co nstitutes th e e ntire agr ee m e nt betwee n
th e pai1i es . A n y m o dific ati o n s o r a m e nd m e nt s t o thi s Agree m e nt s ha ll be in w ritin g and
s ha ll be s igne d b y each p a rt y .
C IT Y OF M A R YSVIL LE
By
A T TEST : APPROVED AS T O F O RM:
TJa Bro c k , D e puty C it y C le rk
B y B y
Jon Wa lk er, C it y A tt orn ey
M A R YSVILLE FIRE D IS TRICT, A RE G IO NAL FIRE AU THORITY
B y J1 A~~ Date ?zf ?z I 2020 -M-ic~~~~~l ~t e~e~n -.~~~~~~~~,----~~~'
C ha ir of Governin g Boa rd
ATTEST:
By JYk.utcWJc.~
Board Secret a ry
I N T E RLOCA L AG R EE M EN T
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A P PR OVED AS TO FO R M: /)
B~k f<' V,)~ iStfiCt A tt o rn ey
EXHIBIT A
The City will provide the District with the following services beginning January 1, 2020 and
billed as 2020 Ql.
Network Administration $193.54 /month
The City will provide network administration for the District, including programing District
switches, backing up switch configurations, providing a virtual core switch, and
troubleshooting connectivity. Connectivity between the District and the City will be
reevaluated when City moves to its new campus.
This charge is for 2 hours of network administration per month. The charge is based on the
City's pay rate for System's Administrator (N116-7) plus benefits and overhead. The 2020
rate is $96.77 per hour and future rates will depend on the City COLA and inflation. The
District will be responsible for the purchase and replacement of all edge switches, the
District's core switch, and cabling.
I-Net Fiber $401.04 / month
The City currently provides fiber between Station 61 and the following buildings using the
City's I-Net which is furnished by Comcast: Station 62, Station 63, Station 66, and the District
Admin Building. The City will continue to provide this service as long as the City is able to
maintain the I-Net agreement with Comcast. Upon the termination of the I-Net agreement
with Comcast, the District is responsible for obtaining and paying for connectivity.
This charge includes reimbursement for the Comcast maintenance charge prorated per fiber
de mark. This charge does not include any equipment or equipment replacement costs.
Email $286.57 / month
The City will continue to provide marsyvillewa.gov email accounts to the District until the
District moves its email to 0365. The District will pay for all costs associated with the move to
0365, including consulting services and overtime to assist with the move. After the move to
0365, this charge will be adjusted to reflect the user administration of the 0365 email
environment.
This charge includes the cost of the email server and Barracuda spam filter and archiver. This
charge is based on 146 accounts at $1.30 per account per month. This charge also includes 1
hours (N116-7) of Exchange and Barracuda administration per month. The District is
responsible for maintaining current Microsoft Exchange CALS (ExchgStdCAL) for all District
users.
Virtual Servers $279.84 / month
The City will provide the District with virtual servers with the City's Nutanix environment or
the City's Hyper-V DMZ environment.
This charge includes the prorated cost of the Nutanix host environment based on the total
number of cores with a 2 core minimum per server. The charge also includes overhead for
power and server room. Fire has 12 cores out of a total 140 at a cost of 23.32 per core per
month.
Domain Management including GPOs, DNS, and DHCP $349.34 /month
The City will provide the District with top level domain management until the District has fully
converted to 0365 and their own domain infrastructure. The City will provide the District
with Active Directory administration for the District's domain, including the District's new
domain prior to the 0365 conversion. The District will pay for all costs associated with the
move to a new domain name, including consulting and overtime.
This charge includes 3 hours {N116-7) of domain administration per month, and a prorated
share, based on users, of City primary domain controllers and DHCP server, and domain
registration fees. This cost will be adjusted after the District moves to its own domain and
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DHCP servers. The District is responsible for maintaining current Microsoft CALS (WinSvrCAL)
for all District users including email only users.
Static IP Internet Connectivity $238.10 /month
The City provides static IP synchronous Internet connections with an SLA (service level
agreement). This connection is used for email, MDM, VPN, patch management, etc ..
The charge is prorated by the number of City/District email users.
Endpoint Protection $80.44 /month
The City will provide the District with managed virus, malware, and endpoint protection using
Symantec Endpoint Protection, Avast Cloud Care, or similar products.
This change is based on 84 protected computers at $0.86 per month for the license and a
prorated cost for one 2 core server. This charge is subject to change due to product selection
and pricing. The District is responsible for maintaining cyber insurance and is responsible for
any costs related virus, malware, or ransomware security consulting for cleanup.
Patch Management $65.90 / month
The City will provide Microsoft and third party patch management for the District network
connected computers. The District will be responsible for maintaining third party patching on
non-network connected computers by physically providing non-networked computers to help
desk personnel on a regular basis.
This price is the prorated cost of two patch servers and software based on 71 protected
computers.
VPN Services $92.99 / month
The City will provide the District with NetMotion connectivity for field computers.
This cost is based on a pro-rated share of licensing and server costs based on 14 connected
computers. The District is responsible for devices' mobile data costs.
File Server $42.11 / month
The City will provide a shared folder structure to all District users on the City's NAS servers
until the District moves its files to 0365 and One Drive. The District will pay for all costs
associated with the move to 0365 and OneDrive, including consulting services and overtime
to assist with the move.
This cost is based on a pro-rated share of server costs using District storage vs City storage.
Server Backups $234.19 I month
The City will provide backups and an offsite backup for the District servers.
This charge is a prorated cost based on the percentage of data compared to the City data for
the backup server and replacement funding. This charge also includes administration costs of
1 (N116-7) hour per month.
Desktop and Help Desk Support $5,457.48 I month
The City will provide the District with 16 hours of desktop and help desk support per week.
Help desk support will be provided during normal Information Services business hours. Any
after-hours support will be "best effort, if available" and an additional 3 hour minimum
overtime charge will be billed to the District.
The charge is based on the City's pay rate for Systems Analyst (N113-7) plus benefits,
overhead and future COLAs. The 2020 rate is $78.71 per hour.
Mobile Device Management $55.78 /month
The City will provide the District with VMWare Workspace One MDM for the District's
iPhones and iPads.
This cost is based on a pro-rated share of licensing and server costs based on 19 iPhones and
iPads.
LogMeln (GoToMeeting) License $18.58 / month
The City will provide the District with one of the five City LogMeln licenses and prorate
accordingly.
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Text Message Archiving $206.55 /month
The City will archive District text messages and charge the District the monthly fee of $7 .65
per device based on 27 phones.
Social Media Archiving $295.93 /month
The City will provide the District website and social media archiving using Page Freezer.
City and District will split the cost evenly for the website archiving and Fire will reimburse the
City $5.47 per month for Fire's 4 social media accounts and $54.65 per month for Next Door.
Mitel Call Accounting $43.23 /month
The City will maintain a Mitel call accounting server for the District. The District will be
responsible for informing the City of DID numbers that Fire wants included in the accounting.
The District will be responsible for the purchase of any additional licenses needed.
The charge will be prorated based on the number of 3300 call servers which is currently 25%.
TRAKiT Licensing and Maintenance $103.02 / month
The City will provide the District with one TRAKiT permitting and inspection license.
Optional Services Billed as Needed
Public Information Request Assistance $96.77 /hour
The City will provide the District with PIR search assistance when needed. If the search takes
more than a few hours or if it requires specialized help, the City will bill the District for the
actual hours worked based on the City's pay rate for Systems Administrator (N116-7} plus
benefits, overhead and future COLAs. The 2020 rate is $96.77 per hour.
Unplanned Services as Needed
The City will provide the District additional services not outlined in this agreement if
requested and staff time and resources allow. These services will be billed based on the
employee completing the work as follows.
2020 rates for City IS employees including benefits and overhead
Computer Support Technician
Systems Analyst
System Administrator
Item
Networking
Fiber
Email
Virtual Servers
2020 Ql Fire Billing
Monthly
$193.54
$401.04
$286.57
$279.84
Domain Management $349.34
$238.10 Internet Connectivity
Endpoint Protection
Patch Management
VPN Services
File Server
$80.44
$65.90
$92.99
$42.11
$237.01
Quarterly
$580.63
$1,203.12
$859.71
$839.52
$1,048.02
$714.30
$241.32
$197.70
$278.97
$126.33
$711.02 Server Backups
Help Desk Support $5,457.48 $16,372.45
Mobile Device Management
LogMeln License
Text Message Archiving
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$55.78 $167.34
$18.58
$206.55
$55.74
$619.65
$66.91 / hour
$78.71 I hour
$96.77 /hour
Social Media Archiving
Mite! Call Accounting
TRAKiT Maintenance
Total Fire Monthly Charge
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$295.93 $887.79
$43.23 $129.69
$103.02 $309.05
$8,447.45 $25,342.35
EXHIBIT B
INDEMNIFICATION AGREEMENT BETWEEN THE CITY OF MARYSVILLE
AND THE MARYSVILLE FIRE DISTRICT REGIONAL FIRE AUTHORITY
REGARDING THE RELEASE OF PUBLIC RECORDS
This indemnification agreement between the City of Marysville (City) and the
Marysville Fire District (District) is in regard to a public records request received by
the City on , 20
The District asserts that certain records of the District residing on the City" s servers
should be:
D Exempted
D Redacted
D Non-responsive
Identification of documents:
(attach additional page(s) as necessary)
In consideration of the City exempting, redacting, or treating the record as non-
responsive. the District agrees to defend, indemnify and hold harmless the City from
any and all claims, injuries, damages, penalties, losses, or suits, including attorney fees
for any violation of the public records act that arises fi·om the District asserting an
exemption, determining that a record is not responsive to a request received by the
City, or delaying the City's response to the request in regard to the records identified in
this Agreement.
SIGNATURES
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